Prior to its effective date, any land use decision made in accordance with the provisions of this Code by a reviewing authority other than the City Council may be appealed by the applicant or other affected party as follows.
(a) 
The Community Development Director’s decision to require preparation of an Environmental Impact Report (EIR) is subject to appeal to the Planning Commission for final decision.
(b) 
The Planning Commission or Planning Commission Subcommittee shall consider appeals regarding land use decisions made by any City agency, department, office, official, or officer.
The Planning Commission may refer consideration of an appeal to the City Council, except for those decisions involving only a minor variance, determination as to the completeness of an application, or the requirement for preparation of an Environmental Impact Report. In these instances, the Planning Commission decision shall be the final and conclusive decision. The City Council will not accept nor consider an appeal of these Planning Commission decisions.
(c) 
Except as specified above, the City Council shall consider appeals regarding land use decisions made by the Planning Commission, or may, in accordance with a procedural resolution adopted by the City Council, call any land use decision up to the City Council for consideration and final determination by the City Council.
(d) 
The City Council shall only conduct hearings regarding an EIR or other environmental action in conjunction with consideration of the subject land use application and project for which the EIR was prepared or other environmental action proposed.
(Ord. 221 §§ 4, 5, 2002)
Applications for an appeal of a land use decision shall be made on forms supplied by the reviewing authority to which the appeal is being made. Applications for appeals shall be accompanied by a written statement of the grounds upon which the appeal is based. A uniform fee, as established by the City Council, shall be paid to the City upon the filing of each appeal. The appeal application shall identify (1) the subject land use application, (2) the specific decision, condition of approval, or other matter being appealed, (3) the date of such action, (4) the justification for the appeal and, (5) any remedy or solution for which the appellant petitions. A properly filed application for appeal stays proceedings in the matter appealed until a decision is rendered on the appeal.
The Community Development Director or, in the case of an appeal to the Council, the City Clerk shall be notified by the appellant of an appeal of a land use application decision prior to the date on which such land use application decision becomes effective. The appellant shall submit an application for the appeal at the time of such notification, or on the next City business day following such notification.
Within 30 days of the acceptance of an application for an appeal of a land use decision, the City Office of Planning or the City Clerk shall set the matter for hearing and shall give notice of the date, time, and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.
Upon hearing the appeal, the appeal body shall consider the record and such additional evidence as may be offered, and may affirm, reverse, or modify, in whole or in part, the decision appealed. The appeal body is subjected to all of the criteria, findings, and requirements imposed by this Code upon the original decision maker.
An appeal may be withdrawn prior to the time that the reviewing authority issues a decision. The applicant or his/her representative must notify the Planning Office in writing that he/she wishes to withdraw the appeal.