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San Jose and street trees: Tree law requires one street tree per house

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Old Dec 13th, 2009, 05:51 PM   #1
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Default San Jose and street trees: Tree law requires one street tree per house

Something you should know about street trees: If you take a walk through your San Jose neighborhood, you may notice that there are no street trees in front of some houses. Shouldn't be that way. Under the law, there should be one street tree in front of every house — or three for corner houses. In fact, when a property changes hands, the city requires the seller to disclose to the buyer whether the property is up to legal snuff.

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Check out the required disclosure form at http://www.sanjoseca.gov/transportat...osure_form.pdf.
Or do a search for "San Jose street trees disclosure."
Read more: Action Line: Tree law requires one street tree per house - San Jose Mercury News
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Old Dec 13th, 2009, 05:54 PM   #2
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Default Re: San Jose and street trees: Tree law requires one street tree per house

CITY OF SAN JOSÉ STREET TREE DISCLOSURE FORM

The City of San José (“City”) requires the seller or transferor of residential real property (“Property”) in the City to disclose to the acquirer of the Property whether the Property fully complies with the City’s requirements to have, maintain and if necessary, replace street trees pursuant to the San José Municipal Code (“SJMC”).

13.28.195 Disclosure Obligations Upon Sale or Transfer of a Residential Real Property

A. Not less than seven (7) business days before the sale or other transfer of residential real property concludes a selling or transferring property owner must disclose to the acquiring property owner, on a disclosure form provided by the City, whether the residential real property to be sold or transferred fully complies with the City’s street tree maintenance and replacement requirements of Sections 13.28.130.B and 13.28.190.
B. If the selling or transferring property owner cannot determine whether street trees located on the residential property are substantially in compliance with the approved development permits for the property, or the property’s approved development permits are inconclusive as to the requirements for the presence and location of street trees on the property, then the following requirements for the planting and presence of street trees shall apply:
1. The property must have one (1) street tree for any adjacent street if it is an interior lot and at least three (3) street trees if it is a corner lot, unless otherwise modified by the Director in the interest of public safety.
2. If the current General Plan requirements for street trees on the property differ from the requirements specified in Subsection B.1, then the current General Plan requirements shall govern the number and location of street trees required on the property at the time of sale or transfer. If the property meets the General Plan requirement, then the selling property owner must indicate such
compliance with the General Plan on the disclosure to the acquiring property owner.
3. All street trees shall be planted in accordance with the requirements of Section 13.28.070.
C. Upon a written request, the Director may grant the selling or transferring property owner an exemption in writing from the requirements of this Section if the Director determines in the interest of public safety that planting and maintaining street trees on the residential property at the time of sale or transfer is not appropriate. Such an exemption does not run with the land and shall not allow any deviations from the disclosure requirements upon residential real property sales or transfers for future sellers or transferors.

To the best of my / our knowledge but without any investigation, I / WE, _________________________ disclose that the street tree(s) on
the Property to be sold or transferred and located at __________________, San José, CA ______ are in the following condition:
1. The Property fully complies with the street tree requirements outlined in the SJMC.
2. The Property does not have the required number of street trees as required by the SJMC.
3. The Property has the required number of street trees but the street trees have not been maintained as required by the
SJMC.
4. Seller/Transferor is unaware if the requirements to have and maintain street trees on the Property have been met.
Property Address:
________________________________

Seller________________________________
Signatures print names date
The undersigned hereby acknowledges receipt of a copy of this document.
Buyer________________________________
Signatures print names date
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Old Dec 14th, 2009, 12:10 PM   #3
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Default Re: San Jose and street trees: Tree law requires one street tree per house

Really micro managing the look...intrusive IMHO
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