Board upholds tree-removal permit with condition: replacement tree or $1,989 in-lieu fee

San Francisco City Board of Appeals · August 13, 2008

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Summary

The Board of Appeals upheld a permit allowing removal of a damaged street tree at 1306 McAllister Street but required either planting a 36-inch box tree on an adjacent frontage with a three-year maintenance agreement or payment of an in-lieu fee of $1,989 if planting proves infeasible; DPW must make feasibility determination within 90 days.

The San Francisco City Board of Appeals upheld a Department of Public Works tree-removal permit for 1306 McAllister Street and imposed conditions that prioritize replanting on adjacent frontage with a maintenance agreement, or alternatively collecting an in-lieu fee.

Carla Short, urban forester with DPW’s Bureau of Urban Forestry, told commissioners the tree was seriously damaged after garage construction and that departmental review concluded removal was warranted. Short said the department originally required a 36-inch box replacement and requested either the city-accepted planting at an adjacent property with a three-year maintenance agreement by the appellant or an increased in-lieu fee of $1,989 if planting is not feasible.

Appellant Rachel Abraham Pollard said the property owners are willing to pay the fee or work with the adjacent owner to plant a replacement and asked for clearer conditions. “We would either we are either for removing the tree completely... We have no problem, paying the fee of $1,900,” Pollard said.

Commissioners discussed options including DPW planting versus requiring the applicant to contract for planting. The board’s motion — made by President Michael Garcia with Commissioner Peterson’s amendment — upheld the permit with these conditions: plant a 36-inch box replacement tree on the adjacent property with a signed maintenance agreement obliging the appellant to care for it for three years; if DPW determines within 90 days that planting adjacent is infeasible (for example, due to underground utilities or lack of agreement), DPW may require payment of an in-lieu fee set at $1,989.

The motion passed 4–0. Board members asked DPW to identify an adjacent planting site and consult underground-utility locators; DPW said it could typically complete such feasibility checks within days and give a determination within the 90-day window ordered by the board.