After spending four to five years looking for ways to improve the city's residential tree removal process, the city council unanimously agreed to an ordinance offering provisions for single-family homeowners to remove unsuitable or nuisance trees from their property without paying for notices, a public hearing and an arborist report, saving them several hundred dollars.
The ordinance, which was proposed by the planning department and approved by the planning commission, streamlines the process of tree removal. It allows residents to remove trees that are non-native, invasive species, prone to disease or planted too close to structures or power lines with a only a permit that can be obtained at city hall or online. Previously, such removals required a permit, payment for notices announcing a public meeting and an arborist report.
Unsuitable trees under the ordinance are palm--except in Palm Haven--tulip, pine, liquid ambar, eucalyptus and tree-of-heaven. The ordinance also includes trees within 5 feet of a structure or that grow into power lines, get too big or are within 5 feet of the center line of underground utility pipes or lines. However, homeowners will still be required to pay $200 for the permit and the tree removal itself, and to plant a replacement tree or donate $300 to Our City Forest for a new tree, thus maintaining the city's tree inventory.
"The goal is to increase the number of trees as well as remove trees that were planted by developers to grow fast but are typically certain species that no one likes or don't fit well into the landscape," said Andrew Crabtree, planning department division manager.
In an analysis of the ordinance, planning director Joe Horwedal called the tree removal permit process "generally an effective tool by which the city can regulate the removal of trees from private properties within San Jose and require the planting of an equal or greater number of new trees to maintain or increase the city's community forest."
But the former tree removal permit process was costly for the city and for applicants. The new ordinance minimizes the costs for property owners, and the city can now operate the process as a full cost-recovery program.
The new ordinance continues to allow the city to monitor tree removal and planting of 15-gallon replacement trees, which still has to be done within 30 days of the removal. Homeowners still have to provide evidence that a tree was planted.