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Contractor Webcor apologizes as Board weighs tree-removal appeal at 2465 Van Ness; board conditions permit on minimum 36" replacement
Summary
Neighbors accused the developer of removing protected street trees without protection; Webcor apologized, Urban Forestry and DBI described a confusing permit handoff, an administrative fine was issued, and the Board conditioned the permit on a minimum 36-inch box-size replacement tree with possible larger size after department review.
The San Francisco Board of Appeals on March 6 heard a contested appeal over removal of two London plane trees at 2465 Van Ness Avenue and set conditions for replacement trees after testimony from neighbors, the contractor and city departments.
Appellant Josh Klipp told the board that the project promised tree preservation during its 2015 approvals but later removed the street trees in late 2018 after the project obtained a permit. Klipp said the $10,000 administrative fine assessed by Public Works is inadequate for the scale of the loss and asked for additional remedies and compensation for his fees. "Developers should not be given white-glove treatment to destroy resources without meaningful consequence," Klipp said.
Counsel for the permit holder, Alexis Pelosi of the Pelosi Law Group, apologized for Webcor’s failure to attend the Jan. 30 hearing and for the way the trees were removed while an appeal was pending. Pelosi said Webcor is the general contractor (not the project sponsor) and that safety concerns related to installing precast concrete panels led the contractor to seek tree removal. "There is no excuse for not attending that hearing, not respecting this body's rules and procedures, and for taking an action to remove trees while an appeal was pending," Pelosi said.
Chris Buck of the Bureau of Urban Forestry described a messy handoff: the department had issued a resulting decision with an effective 15-day appeal window that was missed by the appellant, then later physically issued a permit to the applicant. Buck acknowledged miscommunication and said the bureau will change procedures to reference permit numbers and forward resulting decisions to attendees to avoid recurrence.
Public Works has issued an administrative in-lieu fee at the maximum amount available under the ordinance; Buck said that the fee is appealable and that further remedies may be discussed at a hearing if the appellant appeals the fine.
On mitigation, Urban Forestry recommended replacement-tree options for the Van Ness frontage: a 36-inch box-size replacement tree at minimum, with 48- or 64-inch boxes possible depending on underground utilities and further site work. After deliberation, Commissioner Anne Lazarus moved to grant the appeal and issue the permit conditioned on a minimum 36-inch box-size replacement tree and to allow the Bureau of Urban Forestry to require a larger box-size following additional site evaluation. The board carried the motion.
Webcor representatives said the company will install the replacement trees required by the bureau, pay fines and administrative costs, and offered to reimburse appellant copying and filing charges. The appellant said he prefers stronger penalties and remedies than the administrative fine.
The board recorded the conditional permit and will rely on DBI and the Bureau of Urban Forestry to finalize replacement-tree size and ensure compliance. If the appellant elects to appeal the administrative fine, there may be an additional hearing on penalties.
