• <br />• <br />1 We need not resolve the issue of waiver, because we agree with the city and <br />2 intervenor that the CDC does not require intervenor to consider trees that will not be <br />3 removed under the proposed development-the PUD-but may be removed under <br />4 subsequent individual building permits for lots created by that PUD. <br />5 As the city and intervenor point out, nothing in the CDC requires a PUD applicant to <br />6 identify specific building pads or envelopes for lots created by the PUD approval. Under <br />7 petitioners' reading of the code, the PUD applicant and city would be required to guess <br />8 where building pads and envelopes would be proposed on individual lots, in order to <br />9 determine which and how many trees are likely to be removed pursuant to future, individual <br />10 building permits. Instead, CDC 9.1010(B)(2) appears to contemplate that such tree removals. <br />11 are evaluated at or following the time when individual building permits are applied for. <br />12 Petitioners argue that the city misconstrues CDC 9.1010(B)(2) to allow tree removal <br />13 for individual building sites to be evaluated at the time a building permit is sought. While <br />14 that construction of CDC 9.1010(B)(2) may be the rule outside the HPCD, petitioners argue <br />15 that CDC 9.1010(E) clarifies that where the HPCD applies, removal of regulated trees <br />16 requires a Type II development permit, and cannot be approved as part of a mere building <br />raised the issue of tree removal from individual home sites at LUBA, Appellants have waived <br />any opportunity to raise the issue now." Record 15 (underline in original; footnote omitted). <br />' CDC 9.1010(B) provides, in relevant part: <br />"Removal of Regulated Trees: Removal of Regulated Trees as defined in Section 3.0010 shall <br />be reviewed under Type II procedures for compliance with the standards of Sections 9.1010- <br />9.1012, <br /> <br />"(2) Regulated trees located within 10 feet of the outer edge of the outline of a proposed <br />single family residence or related site improvements may be removed without a <br />separate or additional development permit after issuance of the building permit for <br />the proposed residence. When additional trees are to be protected on the site outside <br />the building envelope, a tree protection plan as approved by the City shall <br />accompany the building plans and shall be enforced during all construction activities <br />on the site. Mitigation in accordance with an approved mitigation plan for lost <br />perimeter trees shall be completed or guaranteed prior to Final Inspection." <br />Page 13 <br />