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Board upholds DPW permit to remove street tree at 1884 San Jose Avenue

Board of Appeals, City and County of San Francisco · March 5, 2008
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Summary

After argument from a homeowner that the bureau neglected maintenance, the Board of Appeals voted 3-2 to allow the Department of Public Works Bureau of Urban Forestry to remove a pepper tree at 1884 San Jose Avenue and to replant a replacement nearby; DPW cited sidewalk damage, a seven-year pruning cycle and a backlog in sidewalk repairs.

The San Francisco Board of Appeals voted 3-2 on March 5 to uphold a Department of Public Works Bureau of Urban Forestry (BUF) permit to remove a street tree at 1884 San Jose Avenue.

Appellant Keith Foote told the board the tree, planted as part of a city program roughly three decades ago, had been maintained inconsistently and that prior root pruning and care made removal unnecessary. "This tree is nearly 33 years old ... the Bureau of Urban Forestry has done virtually nothing to maintain this tree," Foote said, urging the board to overrule the permit.

Carla Short, representing BUF, said the sidewalk is in very poor condition and that extensive root pruning required to repair the walk would likely destabilize the species in that location. Short cited a biannual inspection process, a seven-year pruning cycle, a backlog of more than $7 million in sidewalk repairs and referenced a California Tree Hazard Assessment presentation noting that pepper trees often fail at the roots and tolerate root pruning poorly.

Short said BUF proposed replacing the removed tree with a new specimen (she cited 24-inch to 36-inch box size options) in a nearby location and would coordinate fast-tracked sidewalk repairs so planting could follow.

Commissioners debated the competing aims of preserving an established tree and protecting pedestrians in a crosswalk location where a failed root system could endanger people. The motion to uphold the department's permit was made by President Michael Garcia; Commissioners Holland and Fung voted "Aye," Commissioners Peterson and Knox voted "No," and the board recorded the motion carried 3-2.

What happens next: BUF said it intends to coordinate sidewalk repairs and plant a replacement tree nearby; the size and species were not specified by the hearing officer and will be addressed by DPW during implementation.

The decision notes the department's authority to plant a replacement and the concern that expansive root pruning in a crosswalk location could increase hazard potential.