July 2, 2003     Saratoga, California Since 1955
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Saratoga Oaks draws a stiff fine for cutting down trees
By My Ngo
The Saratoga Oaks Homeowners Association's request to appeal an administrative decision was denied at a June 25 planning commission meeting, leaving the association responsible for more than $50,000 in fines for failing to obtain a permit to remove 12 trees along Stoneridge Drive.

The timeline dates back to March 2002, when an individual homeowner cut down three 25-foot trees without notifying the association or neighbors. A city arborist later assessed those trees to be in excellent health prior to cutting.

According to the association's president, Donald Sanders, members immediately contacted their attorney, who then contacted the city to receive guidance on how to proceed with action.

The city exercised leniency on the association and issued a warning.

Seven months later, the association hired a landscape architecture professional to remove an additional nine trees on its property without the city's permission. According to Sanders, the association decided to remove the trees because they posed a threat to residents.

"Trees are not a good choice in the area because of the steepness of the land," he said. "The trees have shallow roots and are hollow inside."

Sanders and the association's secretary, Barbara Fonner, said they were not aware that they were operating without a permit because they assumed that "the matter was taken care of" by either their contracted landscape or management company. They said they were told they had permits but never saw them.

Both Sanders and Fonner apologized for their lack of communication with workers and admitted their mistake of not making sure that a permit had been issued. Sanders, who has been involved with the association for less than three years, urged commissioners to consider reducing the fine.

"We're an inexperienced board," he said. "We shouldn't feel like we're criminals who need to be taught a lesson."

Pete Jilachin, whose property abuts the complex, said he was not at all thrilled when he returned home from a vacation to find that the trees that once served as a screen between his property and the next were gone.

"My concern is not about the money," he said. "I would like to have some privacy."

After listening to comments from the public, commissioners Rutchi Zutshi, Mike Garakani, Michael Uhl, Cynthia Barry, Michael Schallop and Susie Nagpal voted to uphold staff's decision to charge the association $35,439 in fines payable to the city, which will go into the city's tree planting fund. An additional $17,719.50 is required by the association to replace those trees that were lost. However, commissioners decided to allow a portion of the $35,439 to be used to replant trees on the property.

"This is a serious issue," said Uhl. "We need to send a strong message about preserving trees."

He also added, "the rules to cutting down trees are very clear."

Despite his strong opinions about saving trees, Uhl expressed sympathy with the association and the members' miscommunications with contractors. He suggested lowering the fine, but some commissioners said they were hesitant to do so.

Barry said she could not be lenient with the association because of the importance of trees to the city.

"Trees are at the heart of a semirural environment," she said. "That's why we're trying so hard to protect them."

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