File Memorandum: References to Tree Felling and Preservation in Rest-Haven CUP (CU 95-2) <br />August 28, 2002 <br />Page 13 of 17 <br />separately for viability of preserving existing native understory." See Rec. 654. <br />The Irrigation note provides: <br />"Irrigation system in these planting zones to be installed as a `temporary system.' <br />Irrigation in these temporary zones to be removed a minimum of one year from <br />installation of new plantings and/or once new plantings are established. <br />"Irrigation system in lawn zone to be permanent. <br />"Irrigation system to be installed in all lawn and plant bed areas. Irrigation <br />system to be automatic electric solenoid controlled underground sprinkler system <br />with pvc pipe and fittings, backflow prevention device, automatic controller <br />(Irritrol, Rainbird or approved), electric remote control valves (Rainbird PEB- <br />PRS Series or approved), with pop-up spray sprinklers (Rainbird 1800 SAM-ORS <br />Series or approved). All valves to be located in underground valve box (Carson <br />or approved). Automatic controller to be located in weatherproof location." See <br />Rec. 654. <br />C. Analysis <br />Based upon the conclusion above that issues decided by the CUP and Agreement cannot <br />be challenged or changed in subsequent decisions, the key issue here is what was established by <br />the CUP and Agreement and what was not. Three points will be addressed here: whether the <br />CUP and Agreement addressed the issue of which trees were to be felled and which trees were to <br />remain; whether the CUP and Agreement addressed the subsequent exercise of discretion by City <br />staff, and whether the upland area of the subject property was defined by the CUP and <br />Agreement. <br />1. The CUP and Agreement addressed and resolved which trees were to remain and <br />which were to be removed on the subject property. <br />Contrary to the Hearings Official's conclusion in the second tree felling permit (and the <br />first tree felling permit as well) that the CUP and the Agreement did not address or resolve <br />which trees were to be felled and which were to remain on the property, those documents <br />expressly resolve that issue. This analysis will separately analyze references to the border areas <br />and to the interior. <br />The CUP and Agreement frequently provide for the preservation of nearly all the trees <br />and vegetation in the border areas. The evaluation section of the CUP approval emphasizes that <br />the existing vegetative buffers on the north and west borders of the property are to retain their <br />current dimensions. That section also notes that there were some unresolved issues with the <br />southern buffer, but that those details can be resolved later because the CUP will approve only <br />tree felling related to Phase One of the development and the trees between the proposed roads <br />