File Memorandum: References to Tree Felling and Preservation in Rest-Haven CUP (CU 95-2) <br />August 28, 2002 <br />Page 9 of 17 <br />"The specific plans submitted to comply with above requirements, once accepted <br />by the planning division become requirements of development. Discretion is <br />granted to the planning division to determine whether the revised master plan <br />makes provision for an adequate buffer to assure compatibility of the <br />development with adjacent residential areas, considering the width of the buffer, <br />trees and other vegetation retained and added to the site, and the effect of the <br />location of tombs and fences in the buffer area. The criterion applicable is that in <br />EC 9.702(a) as interpreted herein. <br />"Compliance with any condition of this approval that requires discretion by the <br />planning division or the urban forester shall be determined by site review <br />procedures pursuant to EC 9.690." Rec. 179. <br />The two key points here are that, once the CUP agreement is signed, the accepted plans <br />become requirements of development, and that the City's exercise of discretion under the CUP is <br />limited. The Hearings Official discussed the latter point in the evaluation section of the decision. <br />"In order to allow the conceptual plan to go forward but to afford this opportunity <br />as required by Oregon land use law, certain reviews are allowed by the site <br />review process where the exercise of discretion is required. Under that process, <br />the planning staff and urban.forester can evaluate more detailed information and <br />plans submitted by the applicant to determine if the plans meet the stated intent <br />and conditions of this permit. The staff can receive comment on the proposals, <br />make a determination, and give notice of that determination. If there is <br />dissatisfaction by an interested party with that determination, the matter can be set <br />for public hearing." Rec. 183. (Emphasis added.) <br />Of ultimate import is whether the project is realized consistent with the stated intent and the <br />conditions of the CUP. Thus, the CUP becomes the standard for guiding the exercise of <br />discretion by both the City planning staff and the Urban Forester. <br />The buffer criteria stated in Condition 7 was satisfied by page 4 of 8 of the Approved <br />Plans. Rec. 165-66. <br />I Condition 8: Tree Cutting Permit Required <br />Condition 8 is the first condition applicable after the CUP Agreement is signed. <br />Condition 8 provides: <br />"A tree cutting permit subject to the criteria of EC 6.320(2) shall be required for <br />any cutting on the site in excess of five trees of 8" DBH or larger. Timing for tree <br />cutting activity shall be consistent with information provided in response to the <br />above condition. As part of the tree cutting pennit, a tree preservation plan <br />similar to that which is specified on Applicant's Exhibit J will be required. <br />