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Board allows DPW to negotiate tree placements or collect in‑lieu fees for 1190 Mission project
Summary
Trinity Properties told the Board it cannot plant three of the 10 replacement trees on Eighth Street because of PG&E vaults and future garage access. The Board granted the appeal and asked DPW to work with the developer; DPW may impose in‑lieu fees for any shortfall, with higher fees for the 36‑inch box trees specified earlier by the Board.
The Board of Appeals on Aug. 21 granted an appeal by Trinity Properties regarding tree‑planting obligations tied to prior Board conditions for the 1190 Mission Street project, but conditioned the decision on Department of Public Works (DPW) negotiation and remedies.
Trinity representatives and their landscape architect explained that underground PG&E vaults, future garage entries, and other site constraints make it technically infeasible to plant three of the previously agreed 10 replacement trees on Eighth Street. The developer said it has already planted seven trees on Mission Street and is studying planter/above‑ground alternatives for the remainder; if not feasible, Trinity offered to pay in‑lieu fees.
Carla Short of DPW/Bureau of Urban Forestry told commissioners that, because this 10‑tree requirement was a Board‑imposed condition (and required 36‑inch box replacements), DPW cannot simply waive the requirement but can negotiate siting and accept in‑lieu fees where planting is infeasible. DPW proposed working with PG&E to site at least one tree on Eighth Street and, if necessary, to accept one or two in‑lieu fees; DPW recommended a higher in‑lieu fee ($3,800) to reflect the Board’s 36‑inch box requirement. The Board voted 5–0 to grant the appeal and allow DPW to negotiate placement and assess in‑lieu fees as permitted under Public Works code Article 16.
