Rose Garden Resident

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Trees interfering with solar panels cannot be removed, city determines

By Monica Heger

San Jose law carries more clout than California's Solar Rights Act when it comes to trees--at least in the case of the three Chinese hackberry trees a Rose Garden couple wanted to remove in order to capture more sunlight on their newly installed $50,000 solar panels.

The city has denied a request from former city attorney Joan Gallo and her husband, Bela, to remove the trees from the front of their University Avenue property despite claims the shade trees have reduced the efficiency of their solar panels by 50 percent.

According to city arborist Ralph Mize, state law, which says an individual cannot be restricted within reason from using solar energy, does not apply in this case.

"The state laws are set up so that trees and shrubs that are planted subsequent to the panels being installed are regulated by the law," Mize said. "But it doesn't pertain to existing trees."

Mize said there have been a couple of cases where residents applied for tree removal permits to allow more light for their solar panels. In one case, the permit was granted.

"It was a small tree that had the potential of being very large and completely obscuring the panels," Mize said. "And we were under the impression, at that time, that the state law applied."

Under San Jose's tree-removal ordinance, permits can be granted only if a tree is dead or dying, seriously diseased, creates a hazardous situation, interferes with electrical lines, causes concrete damage or causes sewer damage.

Joan Gallo said she was surprised neighbors had protested her request for a tree-removal permit since she had planned to replace the three trees, which she planted on the property 20 years ago, with smaller ones.

Mize said a possibility for the Gallos would be to obtain a trimming permit, so the trees could be trimmed in such a way to allow the panels to operate more efficiently, while still providing a shady canopy.

At an Aug. 16 hearing, Bela Gallo testified that because his panels were operating at 50 percent efficiency, it would be another 30 to 40 years before they would become economical. The fine for removing trees without a permit varies on tree size. In the Gallos' case, illegal removal would result in approximately $2,000 in fines per tree.

Mize expects the tree issue will come up again as the popularity of solar energy increases. He advises residents thinking about going solar to carefully read both the state's law and the city's tree ordinance.