City of San Jose
The following information applies only to the City of San Jose.
Tree Disclosure
Disclosing of the City of San Jose's requirements for street trees will began August 1st. The city will also be printing additional copies of the form and shipping them to us, but to ensure that real estate transactions in the City of San Jose operate with a minimum of disruption, your receiving the final wording of the disclosure.
The original disclosure form mandated that REALTORS® file a report that identified the status and health of existing street trees. That proposal would have ostensibly turned REALTORS® into amateur botanists and this is not what was intended. You may recall this whole issue started as a 'point of sale' approach, which would have required the buyer or the seller to plant a street tree before the sale could close. SCCAOR succeeded in stopping this effort.
However, on this new form, you will still see boxes to check as to number and condition of trees on the property... BUT you will also see a box #4 on the form that states, "Seller/Transferor is unaware if the requirements to have and maintain street trees on the Property have been met." Proceed accordingly. The administration did not want to include this option.
Further, all exemptions offered for disclosure under the current TDS form will be applicable to the city's form. This form is to be used as part of the escrow procedure and needs to be signed by both buyers and sellers not less than seven days before the sale closes.
Tree Removal
Do I Need a Permit to Remove a Tree?
For single family and two-family residences, a Tree Removal Permit is required for the removal of any tree on private property which has a trunk circumference (measured two feet above grade) of 56 inches or greater. There is no fee for this permit if the tree is already dead, however, if the tree is living, then a public hearing will be required and a public noticing fee will be assessed. Two copies of a site plan, photographs, and an explanation of the reasons why the tree should be removed need to be included with your application.
For multi-family residences and for commercial and industrial properties, a Tree Removal Permit is required for the removal of trees of any size. For removal of trees that are fifty six (56) inches in circumference or more, a public hearing is required and the applicable fees can be found in the Tree Removal section of the current fee schedule. For removal of trees less than 56 inches in circumference, no public hearing is required and a fee equivalent to that for a Permit Adjustment will be assessed.
Contact the Department of Transportation at (408) 277-2762 for permission to remove, prune or plant Street Trees (generally located between the sidewalk and curb).
See the following: