An SF Bureaucratic Battle With a Happy Ending

Preface: Anyone who knows me understands how much I love trees. As your neighborhood journalist, I would like to disclose that I’ve worked closely on the work that is described here, and as such I care lots about the subject. I’ll aim for accuracy, but it’ll be tough to keep that passion out of the lines you read.

First of all, fuck Mohammed Nuru and the curses he’s left behind for the City and County of San Francisco to unpack. We know his corruption schemes ended with him in prison, but when he is released we hope he will get out and fix some of the things he broke. 

In 2018, Nuru (the former and disgraced head of the Department of Public Works) signed an order called Public Works Order 187246. With a stroke of his pen (actually, with an invalid typed signature), he did something that some people think is really stupid. He limited where we can plant trees. 

Some say he did it in the name of preserving ADA accessibility, which in California requires that a clearance of 48” (4’) is preserved so that people with mobility aids like wheelchairs can still get by. Nuru’s order requires that sidewalks be at least 7.5’ if a tree is to be planted. If you’re into math, that’s: 6” for the curb, 48” for ADA, and 36” for a potential tree basin. 

Technically, a tree basin (a place to plant a tree) needs to be 9 square feet, or 3’x3’ (usually). This gives the tree enough room to grow nice and healthy, with properly distributed roots that let it get tall and provide the wonderful benefits trees give us. 

Trees do everything from being stunning things to looks at, to improving the air to maximizing shade, which is important because San Francisco suffers significantly from the Urban Heat Island Effect, especially in neighborhoods like the South of Market. They are objectively a good thing for cities to incorporate in their urban design, but they should be included mindfully so that the investment is worthwhile and has an equitable impact. Especially in a city where racist redlining reverberates through our history.

Going back to Nuru’s order, there’s somewhat of a clusterfuck now. With the mandate, many existing basins are now “disallowed” or unable to be replanted. But there’s actually really good news. We got on the horn with the current head of DPW and she explained that there are ways around these limitations.

Shortly after moving into his home in 2021, South of Market resident and homeowner Shaun Aukland noticed something off about his block. “Like lots of engaged homeowners,” he explains, “I walked up and down my street and found a couple things that I wanted improved. I took a photo of some graffiti and filed it on 311. And I also noticed that probably half of our tree wells were empty. And so I took a photo of the one in front of my house.”  

Aukland inquired with DPW about getting a new tree planted in it. “A couple days later, I came home and there was an order from the city on my front door,” he says. “It marked that I had ‘missing pavement.’ And of course, I did not have missing pavement. I had an empty tree well where a tree used to be.” 

That’s right. The City had the audacity to respond with a demand to fill the hole with concrete or else! Facing fines and the threat of a potential lien on his property, Aukland did his best to fight back. Alas, he only had thirty days to comply, so he paid $350 and now the basin (or hole, depending on who you ask) is no more. 

At first, this seems like a really shitty outcome, but there’s more to the story. The reason Aukland was ordered to fill the basin was twofold: The site wasn’t technically appropriate for a tree, so it was considered a hole. The City really can’t handle any more trip & fall lawsuits, so they have to be timely and prompt in correcting issues. And the other reason? Aukland lives on a block that’s really more of an alley. The sidewalks are narrow, and there’s just not enough room. 

After a lot of discussion with the Department of Public Works, Aukland has turned into an advocate for policy change. He explains, “I'll give them credit. They came to my street and we walked the street together twice.” He was even invited to the House that Mohammed Built, as an old Friend used to call it – the very building that got Mohammed Nuru caught in his corruption scandal. 

So did Nuru get it wrong? Technically, no. Director of San Francisco Public Works Carla Short explains, “Most of the standards in that order exist for good reasons. To protect ADA access, to try to ensure survival of trees…” She explains, “We routinely revisit documents and we sometimes update them and we sometimes adjust them. It's my understanding that the Urban Forestry Council is looking at that order now and they may have some feedback.”

Unfortunately the Urban Forestry Council has been recommended to discontinue by the City as part of its ongoing restructuring. Neither Director Short nor Aukland (nor several other advocates we reached out to) were able to give any public comment on that matter. 🙃

Director Short explains, “I want to emphasize that Public Works remains steadfast in our commitment to plant more trees and in our commitment to grow the urban forest.” So what’s the deal with alleys like Aukland’s? Narrow roads often mean narrow sidewalks, and she reminds us, “There's a lot of vehicles that have trouble navigating narrow roadways.” That means trees often get hit by vehicles. 

But there are workarounds. One example is a chicane, which narrows the road and opens up planting areas in the roadway, something we’ve long imagined. “But of course,” Short explains, “those types of interventions are also significantly more expensive.” 

Director Short says, “It's important that trees are planted in the right locations to give them the best chance to survive and thrive. And also to make sure that we maintain an accessible path of travel along the sidewalk, right?” Again, the City can’t really afford any more lawsuits. And it’s also… the right thing to do? 

As Aukland’s research points out, the problem of current basins becoming disallowed and ordered to get filled with concrete will likely expand as our urban forest matures and passes on. But there is a way to advocate for change.

“I would encourage people to call 311 and let us know that they are interested and eager to have a tree planted,” Director Short says. “With the resources we have, we are always eager to plant where we have an advocate for that tree. That always helps, you know. Trees have a better chance at survival if somebody's looking out for them.” 

Aukland’s alley will be planted on November 15th as a special exception because he filed that 311 and followed up repeatedly. It’s a partnership between SoMa West Community Benefit District and DPW. For Aukland, it’s only the beginning. He says, “I hope that we use my street as a testing ground. We don’t have to start with my street. This is not about me.” 

Director Short ends with this:  “The Bureau [of Urban Forestry] exists to protect and enhance the urban forest. That is our goal every day and we welcome the chance to work with communities who are interested in planting or who are advocates for trees. If we can work together, we can get great things done.” 

Visit FairTrees.org to see the petition and learn more about Aukland’s goals.