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Board grants appeal at 1321 Mission Street, conditions approval on $10,500 payment for larger-tree delta

San Francisco Board of Appeals · May 18, 2016
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Summary

The Board of Appeals overturned a DPW condition tied to 1321 Mission Street and allowed the project to proceed provided $10,500 is paid into the city tree fund to account for the cost difference between the 36-inch trees planted and the 60-inch trees originally required.

The San Francisco Board of Appeals on May 18 granted an appeal concerning tree-planting obligations at 1321 Mission Street, conditioning the decision on a $10,500 payment into San Francisco Public Works’ tree fund. The payment represents the price difference between five 60-inch box trees (the original requirement) and the 36-inch box trees that were actually planted.

Chris Buck, Urban Forester with San Francisco Public Works, told the board the original permit had required five 60-inch box trees as replacement. That planting did not happen; instead, nine 36-inch box trees were installed. Buck described a clear, non-arbitrary way to quantify the remedial payment: a $2,100 per-tree difference between the $5,000 60-inch box trees and the $2,900 36-inch box trees — $2,100 × 5 = $10,500. He also clarified that separate fees to meet frontage-based planting requirements (totaling $5,541) were distinct from the tree-size delta and would be charged regardless.

The appellant’s representative acknowledged they had planted nine 36-inch trees and said they would accept the $10,500 figure if that is the board’s direction. Vice President Fung moved to grant the appeal and overturn the department’s denial on the condition the permit holder pay $10,500 into the city tree fund. The motion passed 4–0.

The board’s decision resolves the longstanding dispute over whether the substituted smaller trees satisfied conditions attached to the project’s permit. Payment into the tree fund is intended to fund future planting elsewhere in the city.