Willow Glen Resident

News

Owners lose appeal, are required to replant trees in same location

By Alicia Upano

Camino Ricardo property owners Todd and Anita Holt went out on a limb March 28, when they asked the San Jose Planning Commission to revise the city's requirement to replant the illegally removed trees on their property.

The commission unanimously upheld the planning director's decision, making the Holts replace the three felled trees with 20, including planting several trees in the same spot where the illegal sycamores were removed in January.

The Holts wanted to plant the trees closer to the back of the property and build a larger single-story home rather than a boxier two-story house. The change would be a better fit for the property and create a larger tree grove off Willow Street, said Scott Stotler, the Holts' architect.

The Holts also wanted to replace the sycamores with the same species; instead the city will require them to plant coastal live oak trees with a wider root system. They wanted to delay planting until a home was constructed.

"Really, we're just asking to relocate the trees responsibly," Stotler said.

For the first time since the tree controversy began in January, the Holts spoke publicly. "The only thing I want to say is I do apologize," an emotional Anita Holt said from the podium at city hall. "If I could do it over again, I would, and I would do it the correct way."

Several neighbors had little sympathy for the Holts, and said the couple wanted to remove the trees to build a larger house.

According to a city memo, the owner was informed verbally and in writing of the need for tree-removal permits before the removals.

Willow Glen Neighborhood Association president Ed Rast said the Holts should have been informed about previous, unsuccessful efforts to remove the trees by their real estate agent and seller when they purchased the property.

Willow Glen resident Jean Dresden said several tree services declined the Camino Ricardo job "because they felt it was going to be illegal."

One Camino Ricardo resident spoke up for the Holts.

"I've lived in Willow Glen for 37 years, and I've seen a number of trees cut down. I have never seen the uproar and anger that has happened over this," Peggy Cherry said.

Planning Commissioner James Zito wrestled with the issue. "I certainly understand what the community is saying. We don't want to reward people who go out and knowingly break the law," Zito said. "On the other hand, it seems like the appellant is willing to accept the requirement, but they're asking to move the trees and asking to delay the timing to have a better product."

The planning staff responded that a home could be accommodated on the site with the trees in their former location. The permit requires the planting of two 36-inch box coastal live oaks on the property and two 36-inch California sycamores on Willow Street. The remaining 16 trees will be provided to Our City Forest as a monetary donation of $300 per tree, for a total of $4,800.