That's because the violator, the First Baptist Church of Los Gatos, has planted more than enough greenery throughout the years to make up for the illegal tree removal, city council members said.

The church removed six trees—five willows and one oak—without obtaining a permit from the city, but Councilman Curtis Wright said he had counted 81 existing trees on the church's two-acre lot on Daves Avenue.

"It's a very beautiful site, and it is a benefit to our community," said Councilman Mark Brodsky on April 15, adding that he did not know and was not considering if the church had illegally removed trees in the past.

The council voted unanimously to require a 1:1 replacement plan—24-inch box trees, with landscaping approved by the city's planning department—as well as the automatic fines, which the church had already paid.

"We were operating in good faith," said Ken Renfro, vice chairman of the church's board. Renfro said the tree contractor had assured the church that he had worked with the city in the past and would obtain the proper permits. "We recognize that it's our responsibility to verify that, but we did not do it," Renfro said.

According to Renfro, when the church realized that the contractor had removed the trees illegally, his services were terminated. Renfro told the council that in the future the church would obtain and post copies of relevant permits.

Renfro added that the willows that were removed had been planted by the church and damaged in storms and that the oak had struggled to survive.

Neighbor Nancy Hobbs, however, disputed the claim. Hobbs said the church used to have "the prettiest oak trees in the whole area," but the roots were paved over, killing the trees.

"In doing this without a city permit, I think they ought to be given the biggest fine the city has," Hobbs said, but added, "It is very nicely landscaped, and I think they do a great job that way."

Dave Butler, another neighbor, said the church cut down 13 trees illegally in the 1980s and that trees had been slowly disappearing since.

"The neighbors value those trees there," Butler said, especially since they serve as a noise shield. "It's a noise factory there all the time."

Two other residents, however, took an opposition stance.

Poppy Lane resident Phil Levine, who emphasized that he was not of the church's faith, said, "I feel very, very strongly that the Baptist church adds a lot of value to the community." Setting additional fees and penalties for the church, Levine said, would take away from the community.

Los Gatos­Saratoga Road resident Joe Padgett urged the council to merely ask for a 1:1 replacement plan. "We have a lot of trees that we didn't have years ago. Just take that into consideration," Padgett said.

Although the council took a 5-0 vote, council members asked themselves how the city could better educate residents about removing trees illegally. While information is available on the city's website, in quarterly newsletters and from city staff, Mayor David Baxter said he plans to place the topic on an agenda for a future city council meeting.