Board delays decision on Saint Francis Square tree removals after contested hearing, orders refreshed briefs and re-noticing

The San Francisco Board of Appeals on Sept. 6 continued a contested appeal over a Public Works order permitting the removal of 10 significant poplar trees on private property at Saint Francis Square, and one adjacent street tree (order no. 208224). The board voted 5–0 to set a new hearing date of Sept. 27, 2023, and required refreshed written briefs from the appellant, the determination holder (Saint Francis Square Cooperative) and the Bureau of Urban Forestry (BUFF) by Sept. 21 at 4:30 p.m.

Appellant Donna (D.) Bowler urged the board to preserve the mature poplars lining Ellis Street, citing health, habitat and neighborhood history. "Besides their beauty ... the trees provide healthy air, they serve as a windbreak, as a refuge for many different kinds of birds," Bowler said, and asked that residents be surveyed about whether the trees should be removed. Bowler contended the trees are a longstanding feature of the square and argued for selective treatment rather than wholesale removal.

Representatives of Saint Francis Square, including Connie Ford, said several trees show advanced decay, described recent branch failures and said residents — including families and nearby daycare and senior facilities — fear the risk. "We planted them 50 years ago... About 600 people live there," Ford said, describing the coop’s intention to replace the removed poplars with fewer, better‑spaced trees (the coop proposed Brisbane box specimens) and to assume replacement costs.

Public Works urban-forestry staff (Chris Buck) told the board the applicant originally sought removal of 15 poplars; BUFF staff reviewed the site, denied removal of five trees that appeared sustainable and approved removal of 10 because of decay and species traits for Lombardy/Lombardia poplars (fast‑growing and short‑lived). Buck said inspection photos and on‑site review show pockets of decay and canopy decline: "We feel that this is a very reasonable request that the trees are beginning to decline," he said, while also noting the trees were not an "immediate hazard now." Buck explained that code limits the number of replacement trees that can be required on the public right of way; the department found room to qualify four replacement trees as future significant trees.

The hearing exposed procedural problems that influenced the board’s decision to delay. Board staff said some mailed notices used an incorrect address listed in the permit application ("1345 Ellis" on the paperwork) that did not precisely match where the trees stand; Public Works acknowledged the posting and notice confusion and said it had posted notices on the correct trees for its hearing but that the application address had errors. Board members complained that BUFF had filed its brief late and the permit holder’s written submission was provided to the board at the meeting, limiting the appellant’s ability to respond in writing. Deputy City Attorney Jen Huber advised the board that a continuance to re-notice the hearing and accept refreshed briefs would cure notice and fairness concerns and that the Board of Appeals may consider the matter de novo.

What the board ordered: by a unanimous vote the board continued the item to Sept. 27, 2023, directed the executive director to re‑notice the neighborhood using corrected location language (the hearing record specified the "1300 block, even side of Ellis Street" and identified the adjacent street tree near 1335 Laguna north of that address), and required briefs from all parties by Sept. 21 at 4:30 p.m. The board also asked that the appellant, the determination holder and BUFF meet before the continued hearing in an effort to resolve factual differences about tree condition, replacement locations, and process.

Next steps: parties must file timely briefs and the board will re-notice the community to the corrected block description. The continued hearing will reconvene Sept. 27 to allow the board to decide whether to uphold, modify, or overturn Public Works’ order.