File Memorandum: References to Tree Felling and Preservation in Rest-Haven CUP (CU 95-2) <br />August 28, 2002 <br />Page 17 of 17 <br />attack issue, because a tree felling permit is a land use decision, and because it is a subsequent <br />stage of an earlier land use decision, one must reach the conclusion that it is prevented from <br />revisiting the characterization of the development site's elevated area as a knoll. <br />Conclusion <br />Because of the extensive, consistent and detailed references to the trees designated for <br />preservation on the development site that are contained in the CUP and implementing <br />Agreement, the issue of which trees were to remain on the site was resolved by the Hearings <br />Official. The tree felling permit Hearings Official erred when she concluded otherwise. <br />Similarly, the City acted contrary to the express provisions of the CUP and CUP Agreement <br />when the Urban Forester/City Manager exercised unfettered discretion through the tree felling <br />permit and when the City staff characterized a portion of the subject site as a hill when the CUP <br />characterized it as a knoll. <br />Rest-Havemnm <br />