The purpose of this Section is to encourage the retention of living trees on undeveloped property, and to protect public benefits and the health, safety, comfort and general welfare of the public by preventing the denuding of vacant lands, maintaining slope stability and preventing erosion.

This section shall apply only to the Hillside Development (H-D) District and the Hillside Combining (:H) District, and only to living trees on unimproved lots therein over five (5) feet in height.

The decision of the Director of Public Works shall not become final until ten (10) days after the decision. Within the ten (10) day period, an appeal from the decision may be taken to the Planning Commission by the applicant or any other interested party. Appeal shall be made on a form to be provided by, and shall be submitted to, the City Clerk. The appeal shall state specifically where it is claimed there was an error or abuse or indiscretion by the Director of Public Works, or wherein the decision is not supported by the evidence in the record. Upon receipt of an appeal, the Planning Commission shall set a public hearing at its next regular meeting, and the Planning Commission shall render its decision within seven (7) days after the public hearing.

In the event that a tree(s) exists that is in immediate danger of damaging either life or property, the Director of Public Works, upon proper application, may grant permission for removal of the tree(s) upon the finding of the existence of an emergency.

In the event that applicant has applied for design review pursuant to subsection 20-10.2, which includes within such application landscaping and tree removal, a tree removal permit is not required, but shall be included in the submission for design review.