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Board allows removal of avocado tree at 3832 Eighteenth, ties permit to demolition approval and $3,000 fee

San Francisco Board of Appeals · February 22, 2023
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Summary

The Board of Appeals granted an appeal permitting removal of a significant avocado tree to allow a 19‑unit housing project, but conditioned removal so it cannot occur until a demolition or building permit is issued and required an appraised in‑lieu payment of $3,000.

The San Francisco Board of Appeals on Feb. 22 granted an appeal authorizing removal of a significant avocado tree at 3832 Eighteenth Street but imposed conditions intended to protect neighbors while allowing the housing project to proceed.

What the board decided

Following testimony from neighbors who urged delaying removal until project approvals are final, and technical explanation from Public Works that the tree’s placement is incompatible with the proposed development, the board approved the permit for tree removal with two conditions: not to remove the tree until a demolition or building permit for the project is issued; and an in‑lieu payment of $3,000 to the city’s Adopt‑a‑Tree fund to mitigate the loss.

Arguments and testimony

Neighbor Thanos Diakakis said it would be premature to cut the tree before clarity on the project’s future, urging the board to withhold a removal permit until final permits are issued. Urban Forester Chris Buck called the specimen “the wrong tree in the wrong place,” described root‑related site conflicts and presented recent photographs and an appraisal methodology. The permit holder’s counsel argued state housing laws constrain the city’s discretion to deny tree removal tied to a density‑bonus project, but said the permit holder would pay the in‑lieu fee if assessed.

Vote and implementation

The board voted unanimously to grant the appeal with the condition tying removal to issuance of a demolition permit and to assess the $3,000 fee; Public Works agreed that conditioning removal on final permits is a reasonable, customary practice and committed to standard appraisal methods and oversight.