File Memorandum: References to Tree Felling and Preservation in Rest-Haven CUP (CU 95-2) <br />August 28, 2002 <br />Page 8 of 17 <br />Condition 5 provides "The master development plan for the site shall be revised to show <br />the following[.]" Several of the sections that follow are applicable here, including: <br />"f. Diameter and species of all trees of 18" DBH and over in the southern <br />portion of the site. The plan shall show trees to be removed and those to <br />remain and provide detail of the buffer area. <br />"g. Specific, multiple areas where individual stages of tree clearing will take <br />place. The boundaries of those areas shall be determined by site <br />topography, and the availability of interior access roads for tree clearing <br />activities. <br />"h. Boundaries of tree retention areas. The factors used in determining these <br />boundaries include retention of the maximum number of trees of 18" DBH <br />and over, and the location of regulated wetland areas (if any). <br />"i. Provision of native understory vegetation within the buffer zone of the <br />southern portion of the site. <br />"j. The plan shall show that existing buffer areas shown on Exhibit F <br />submitted by the applicant will be retained on the east, north, and west <br />sides of the site." Rec. 178. <br />Several points are worth emphasizing here. One is that the plans were required to note <br />all trees equal to or greater than 18" DBH by size and species in the southern part of the site. In <br />a memorandum issued after the decision, the Hearings Official clarified that the condition 5(f) <br />requirement to document certain trees was intended to apply only to the area north of the <br />proposed roads. Rec. 175. Another point of note is that the plans were expressly required to <br />identify those trees that were to remain and to identify the locations of the tree retention <br />boundaries within which the trees were to remain uncut. The trees to remain uncut were <br />identified in two ways: by being identified specifically on the overall site diagram throughout the <br />masterplan, and on the sheet indicating the tree retention area boundaries. <br />All of those sections of Condition 5 were satisfied by reference to specific pages of the <br />Approved Plans or were otherwise satisfied before the CUP Agreement was signed. Rec. 165. <br />C. Condition 7: Compliance and the Exercise of Discretion <br />Condition 7 was the last condition imposed that was required to be completed before the <br />CUP agreement was signed. It addresses both compliance with the conditions of approval and <br />the exercise of discretion by the City. Condition 7 provides: <br />