Board upholds three Park Merced tree-removal occupancy permits, asks DPW to reset permit dates

The San Francisco Board of Appeals voted 4-0 on Jan. 21 to uphold three temporary occupancy permits that allow Arborwell Inc. to remove several Monterey pine trees in Park Merced, but ordered the Department of Public Works to reset the permits’ dates so the paperwork reflects current timing.

Neighbors, represented by appellant Julian Lagos, urged the board to deny the permits, saying Arborwell has a history of accidents and that the city lacked proof the contractor’s tree‑removal permits were current. "We had an accident in February... a worker for Arborwell was trying to remove a tree... the limb of the tree fell and... injured the worker," Lagos told commissioners, and he said he had not seen required flaggers during prior Arborwell operations.

Arborwell account manager Neil Wallner acknowledged a prior incident but said injuries were superficial and emphasized the company’s compliance: "Our crews are fully trained. We're Cal/OSHA compliant," he said, adding that Arborwell would conduct required bird surveys and perform replanting on a 3:1 basis per the permit. Nick Elsner, senior plan checker for the Bureau of Streets & Mapping, displayed copies of the permits (issued in September 2014) and told the board they are valid for six months and that temporary occupancy permits are governed by Public Works Code Section 7.24 and MTA traffic rules.

Public commenter Diane Curpio said tracking and tagging of replacement trees and permit records were unclear and flagged a hazardous‑tree notice without a permit number as an example of poor recordkeeping. Commissioners pressed both Arborwell and DPW on whether permits had lapsed and on operational safety in Park Merced’s narrow streets.

Ultimately, President Anne Lazarus moved to uphold the three permits on the ground they were code‑compliant and to instruct DPW to reset the permit dates; the motion passed 4-0. The board’s action denies appeals 14182–14184. DPW will be responsible for clarifying the permit dates on the record; the board recorded no further immediate restrictions on conduct beyond compliance with applicable traffic and bird‑survey requirements.

The board’s decision leaves open DPW and MTA authority to require additional traffic controls (such as flaggers) when a special traffic permit is issued, and Arborwell said it will conduct and follow any required bird surveys before removals during nesting season.