San Jose |
Code of Ordinances |
Title 13. STREETS, SIDEWALKS AND PUBLIC PLACES |
Chapter 13.32. TREE REMOVAL CONTROLS |
§ 13.32.100. Permit findings.
A.
Neither the director nor the planning commission on appeal shall issue a permit for the removal of any tree, other than an unsuitable tree, on any private parcel of land in the city unless the director or the commission on appeal makes at least one of the following findings:
1.
That the tree affected is of a size, type and condition, and is in such a location in such surroundings, that its removal would not significantly frustrate the purposes of this chapter as set forth in Section 13.32.010; or
2.
That the location of the tree with respect to a proposed improvement unreasonably restricts the economic development of the parcel in question; or
3.
That the condition of the tree with respect to disease, danger of falling, proximity to an existing or proposed structure, and/or interference with utility services, is such that preservation of the public health or safety requires its removal; or
B.
In connection with an application to remove a dead tree, the director or the planning commission on appeal shall consider whether the subject tree was in any way injured, removed or caused to be injured or removed by the applicant, in addition to the findings required to be set forth pursuant to the provisions hereinabove.
C.
The planning director shall not issue a permit for the removal of an unsuitable tree on any private parcel of land in the city unless the director finds that the tree is an unsuitable tree as defined in Section 13.32.020.
(Prior code § 8935; Ords. 21363, 26595, 29195.)