Beaumont Municipal Code Ch. 17.D.02 Procedures

The purpose of this Chapter is to identify the assignment of authority and review procedures for zoning decisions related to land use and development applications as defined in this Title.

Review Authorities are authorized to administer this Title as follows.

A. Director.

1. The Community Development Director shall have the duties assigned by Beaumont Municipal Code Section 2.24.080 (Community Development Department) and by this Title as may be required to fulfill the purposes of this Title. These duties shall be in addition to those contained in California Government Code § 65900 et seq.

2. The authority and responsibilities of the Community Development Director shall also include, but are not limited to the following:

a. Authority to hear and decide:

(i) Applications identified in Table 17.D.02.030-A (Review Authorities);

(ii) Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Community Development Director; and

(iii) Determinations of similar use as specified in Subsection 17.A.04.020.G (Determination of Similar Use).

b. Authority to review and make recommendations to the Planning Commission on:

(i) Applications identified in Table 17.D.02.030-A (Review Authorities); and

(ii) Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval is made by the Planning Commission.

B. Planning Commission.

1. The Planning Commission is established by Beaumont Municipal Code Chapter 2.24 (Planning Commission and Community Development Department) with duties and powers outlined in Beaumont Municipal Code Section 2.24.060 (Duties).

2. The authority and responsibilities of the Planning Commission shall also include, but are not limited to the following:

a. Authority to hear and decide:

(i) Applications identified in Table 17.D.02.030-A (Review Authorities); and

(ii) Environmental determinations on any approval that is subject to environmental review and that requires a public review period under the California Environmental Quality Act (i.e., environmental impact report or negative declaration), except when the Council is the Review Authority for the application in accordance with Subsection 17.D.02.020.C (Council) below.

b. Authority to review and make recommendations to the Council on:

(i) Applications identified in Table 17.D.02.030-A (Review Authorities); and

(ii) Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval is made by the Council; and

c. Authority to hear an appeal from any determination made by the Community Development Director in the administration or enforcement of this Title (also see Table 17.D.02.030-A (Review Authorities) and Subsection 17.D.02.040.O (Appeals)).

d. Other powers and responsibilities assigned by this Title or directed by the Council.

C. Council. The Council has final review of matters relating to planning and zoning, subject to delegation of this authority as provided in this Title. These duties shall be in addition to those contained in California Government Code § 65900 et seq.

Table 17.D.02.030-A (Review Authorities) identifies the types of applications authorized by this Title and the Review Authority responsible for recommending and making decisions on each type of application.

Table 17.D.02.030-A: Review Authorities 1

Table Notes:

1

For projects that require multiple applications, see Subsection 17.D.02.040.B.3 (Multiple Applications).

2

See Subsection 17.D.04.100.D (Authority) for when the Community Development Director or the Planning Commission is the decision-making body.

A. Purpose. The purpose of this Section is to establish common procedures and requirements for the preparation, filing, and processing of development applications required by this Title. These common procedures and the development review processes established in this Division 17.D (Administration and Procedures) are intended to provide a consistent and efficient method for the City to implement the General Plan and other adopted goals, policies, and standards. For procedures specific to individual permit types, refer to Chapter 17.D.04 (Permits and Approvals).

B. Application Process and Fees.

1. Applicant. Only the following persons or entities may apply for a permit or other approval:

a. The owner of the property;

b. An authorized agent or representative of the owner;

c. A person acting in accordance with a purchase contract or exclusive option to purchase the property; or

d. The Community Development Director on behalf of the Council.

2. Applications.

a. The Community Development Director shall specify the form and content of all applications for permits or approvals required by this Title.

b. Applications for development approvals and amendments shall be submitted to the Community Development Director on a prescribed City application form and shall include all the information that is necessary for review of the application, such as plans, elevations, facts, and information deemed by the Community Development Director to be necessary to show details of the proposed use or development as specified in the application checklist attached to the application form.

c. Applications shall be accompanied by applicable fees, deposits, and other materials required by this Title and Department handouts.

d. Applications shall include the property owner's written authorization for any permit, permit amendment, permit extension, or other approval required by this Title.

e. The Community Development Director may require the submission of supplemental materials and information as part of an application submittal, including statements, photographs, plans, drawings, renderings, models, material samples, special studies, Preliminary Water Quality Management Plan, Preliminary Hydrology Report, Conceptual Grading Plan, and other information necessary to describe existing conditions and the proposed project, and to determine the level of environmental review in accordance with Subsection 17.D.02.040.E (Environmental Review).

f. The Community Development Director may waive the submission of specific material or information upon a finding that it is not needed to reach a decision on the application.

g. It is the responsibility of the applicant to provide the necessary information in support of the findings required for approval as identified in Chapter 17.D.04 (Permits and Approvals).

3. Multiple Applications. A project that includes more than one application may be combined and processed concurrently provided all applicable processing requirements are satisfied. The purpose for allowing concurrent review is to consolidate final action on the project with the highest Review Authority responsible for making a decision on the applications for a project. The following provisions apply to concurrently processed applications:

a. If a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently.

b. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.

c. When more than one discretionary permit or other approval is required and the Review Authority is both the Planning Commission and Council, the final action on all discretionary permits or other approvals shall be taken by the Council. In these cases, the Planning Commission's actions shall consist of a recommendation to the Council.

d. When the Planning Commission is the highest Review Authority for a project, the review by the Community Development Director shall be in the form of a recommendation to the Planning Commission.

e. When a subdivision is proposed, the provisions of Beaumont Municipal Code Title 16 (Subdivisions) and this Title shall apply. Review Authorities may combine in a single action or review the approvals as required by this Title; the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record.

4. Withdrawn and Denied Applications.

a. Withdrawn applications. An application may be withdrawn by the applicant prior to the opening of the public hearing or thereafter with the consent of the Review Authority. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application.

b. Effect of withdrawn or denied applications. Where an application has been withdrawn by the applicant or denied by the Review Authority, an application for the same or substantially similar project may not be filed within one year from the date of withdrawal, unless the Community Development Director finds that the conditions surrounding the application have sufficiently changed to warrant a new application. Any subsequent application shall be considered a new application and will be processed accordingly.

5. Fees. A schedule of fees shall be maintained by the Community Development Director and made available to the public. All applications required by this Title shall be accompanied by the required fees set by resolution of the Council. Applications shall not be accepted without payment of all required fees.

C. Pre-Application Review.

1. Pre-Application Review.

a. A Pre-Application Review is an optional process that occurs prior to the submittal of any new development application.

b. The purpose of a Pre-Application Review is generally to:

(i) Familiarize the Community Development Director and other City staff, as may be applicable, with the project proposal;

(ii) Determine application requirements and familiarize the applicant with the review process and procedures;

(iii) Identify any potential problems as early in the process as possible; and

(iv) Identify land use and development policies which may affect the project proposal.

c. Failure by the Community Development Director or other City staff to identify all required studies or all applicable requirements in the Pre-Application Review shall not constitute a waiver of those studies or requirements.

2. Application Requirements. An application for a Pre-Application Review shall be submitted on a form prescribed by the City in accordance with Subsection 17.D.02.040.B (Application Process and Fees).

3. Pre-Application Review Meeting. After reviewing the application, the Community Development Director shall meet with the applicant or representative. Neither the Pre-Application Review nor the provision of information by the Community Development Director and the discussion of City policies shall be construed as either a recommendation for approval or denial of the application or development. No formal action is taken by the Community Development Director at a Pre-Application Review meeting. Following the meeting, the Community Development Director shall provide the applicant with a written summary of comments.

D. Review of Planning Applications.

1. Initial Completeness Review. The Community Development Director shall determine whether an application is complete within 30 days of the date the application is filed and the required fee is received in accordance with California Government Code § 65943 et seq.

2. Incomplete Application.

a. Incomplete application. If an application is deemed incomplete, the Community Development Director shall provide a written notification to the applicant listing information necessary to complete the application.

b. Submittal of additional information. The applicant shall provide the additional information within 180 days from the date the application is deemed to be incomplete. The Community Development Director may grant one extension of up to 90 days.

c. Expiration of application. If an applicant fails to correct the identified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn, unless the Community Development Director grants an extension. After the expiration of an application, a new complete application, together with all required fees, shall be submitted for review.

3. Complete Application. In compliance with California Governmental Code § 65920 et seq. (Permit Streamlining Act), when a planning application is deemed complete, the Community Development Director shall make a record of that date and proceed with processing the application. If an application requires a public hearing, the Community Development Director shall schedule a hearing and notify the applicant of the date and time, in accordance with Subsection 17.D.02.040.F (Public Hearing Notice).

4. Referral of Application.

a. When the Community Development Director is the Review Authority, the Community Development Director may determine that based on a unique or special circumstance, it is in the public interest for an application to be considered by the Planning Commission. In this case, the Community Development Director shall forward the application to the Planning Commission for review at a public hearing.

b. At the discretion of the Community Development Director, or where otherwise required by this Title, state or federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by, or have an interest in, the proposed project for review and comment on the application.

5. Extensions for Review of Application. The Community Development Director may, upon written request, grant extensions of any time limit for review of applications imposed by this Title unless precluded by state or federal law.

E. Environmental Review. The City has the responsibility to comply with the California Environmental Quality Act (California Public Resources Code § 21000 et seq.) and California Environmental Quality Act Guidelines (California Code of Regulations, Title 14), collectively referred to as CEQA. The City shall evaluate each project according to CEQA before any recommendation or decision on a project is made. Also see Beaumont Municipal Code Chapter 2.54 (Environmental Review).

F. Public Hearing Notice.

1. Applicability.

a. Notice for public hearings is required as part of the approval process for all applications subject to a public hearing.

b. Any changes to state law notice requirements, in accordance with California Government Code § 65090 et seq., shall control over the requirements in this Section regarding the manner for providing notice.

2. When Public Hearing Notice is Required. Table 17.D.02.040-A (Public Hearing Notice Required) identifies when a public hearing with public notice is required as part of the approval process.

Table 17.D.02.040-A: Public Hearing Notice Required

3. Contents. Every posted, published, or mailed notice for a public hearing shall include:

a. The date, time, location, and purpose of the hearing;

b. The name of the Review Authority conducting the hearing;

c. Contact information to receive additional information;

d. A brief description of the matter to be considered and the permit(s) required;

e. The address or location of the subject property;

f. A statement that any interested person or authorized agent may appear and be heard; and

g. A statement describing how and when to submit written comments.

4. Noticing Procedures. The following noticing procedures shall be observed when a public hearing is required by this Title.

a. Timing. All forms of notice shall be given not less than 10 days prior to the public hearing except that for a Zoning Amendment that would affect the permitted uses of real property, all forms of notice for the Planning Commission hearing shall be given not less than 20 days prior to the public hearing.

b. Mailed notice. Mailed notice shall be given to the following:

(i) All property owners and residential renters within 300 feet of the subject property, unless otherwise required by California Government Code § 65091;

(ii) Any person or group who has filed a written request for notice regarding the specific application;

(iii) Any other local agency expected to provide essential facilities and services to the project and whose ability to provide those facilities and services may be significantly affected;

(iv) The owner of the property that is the subject of the application; and

(v) The applicant.

c. Newspaper notice. A notice shall be posted in at least one newspaper of general circulation in the city.

d. Additional notice. In addition to the types of notice required above, the Community Development Director may require or provide additional notice using alternative methods including, but not limited to the following:

(i) Posting on the City's website;

(ii) Posted notice on the subject property;

(iii) Electronic mail to persons that have signed up or subscribed for electronic mail notifications;

(iv) Placing an insert with any generalized mailing sent by the City to property owners or residents in the area affected by the proposed application;

(v) Posting through City accounts on social media platforms; or

(vi) Electronic message signs.

5. Failure to Receive Notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or organization to receive notice.

G. Public Hearings.

1. Requirements. When a public hearing is required by this Title, public notice shall be given consistent with Subsection 17.D.02.040.F (Public Hearing Notice), and the public hearing shall be conducted as provided by this Subsection.

2. Scheduling of Hearing. After an application is deemed complete, any environmental analysis required by CEQA has been conducted, and a Department staff report has been prepared, a matter requiring a public hearing shall be scheduled on an agenda reserved for public hearings.

3. The Applicant's Rights at Public Hearing. The applicant shall have the right to be represented, provide testimony, and present evidence at any public hearing.

4. The Public's Rights at Public Hearing. The public shall have the right to comment on any relevant aspect of the application under consideration at any public hearing.

5. Decision. When the public hearing is closed, the Review Authority shall approve (with or without conditions) or deny the application in compliance with the required findings provided in Chapter 17.D.04 (Permits and Approvals) and in compliance with Subsection 17.D.02.040.H (Findings and Decision).

6. Continuance. The Review Authority, by motion, may continue a public hearing. No additional notice shall be required for the continuance of a noticed public hearing to a specific date and time.

7. Recommendation by Planning Commission. At the conclusion of any public hearing on a project that requires Council approval, the Planning Commission shall forward a written recommendation, including all required findings, to the Council for final action.

8. Council Hearings.

a. Council decision. Upon receiving the Planning Commission's recommendation, the Council shall hold a public hearing. When the public hearing is closed, the Council shall make a final decision, which could be to approve, approve in modified form, or deny the application.

b. Modifications by Council.

(i) The Council may modify any project application recommended by the Planning Commission by making non-substantive changes without first referring the matter to the Planning Commission for a report and recommendation. However, any substantive change to Zoning Amendments or to General Plan Amendments proposed by the Council that was not discussed by the Planning Commission shall be referred back to the Commission recommendation consistent with California Government Code § 65356 for a report and recommendation.

(ii) When the Council has referred a matter back to the Planning Commission, it shall report back to the Council within 45 days after the date of the Council referral unless the Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 30 days by the Planning Commission, a longer period of time may be requested and the Council may at its discretion grant the request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the Council. Failure of the Planning Commission to act within 45 days of receiving the Council's request shall provide the Council with authority to act without the Commission's recommendation.

H. Findings and Decision.

1. When making a decision to approve, approve with modifications and/or conditions, or deny any application, the Review Authority shall make findings as required by this Title to support their decision. Findings shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action for the application.

2. If the Review Authority imposes conditions of approval, the conditions shall be consistent with Subsection 17.D.02.040.I (Conditions of Approval).

I. Conditions of Approval.

1. In considering an application authorized by this Title, a Review Authority may require changes and impose conditions of approval in order to implement the policies of the General Plan and this Title. Conditions of approval, which may include dedication of land; installation of specific improvements; limitations on the size, design and placement of buildings or structures; landscaping; or limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the application is requested. Conditions of approval may be necessary to ensure the proposed use or project satisfies the required findings for approval and complies with environmental mitigation measures, see Subsection 17.D.02.040.E (Environmental Review).

2. All conditions of approval shall be binding upon the applicant, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of Certificates of Occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the project.

3. A deed restriction, as approved by the City Attorney, may be recorded with the County Recorder's office documenting the required conditions of approval.

J. Effect of Approvals.

1. Issuance of Approval. The issuance of a permit or approval described in this Title authorizes the holder to proceed in compliance with the terms of the permit or approval. The applicant must follow all City requirements and procedures for any additional applicable permits or approvals in order to complete the development project and to meet the occupancy requirements for the subject property.

2. Effective Date of Approval.

a. The effective date of a permit or other approval is the date the Review Authority approves the permit or grants an approval, except as otherwise provided in this Chapter for a specific approval or type of permit.

b. If the decision by the Review Authority is appealed in accordance with Subsection 17.D.02.040.O (Appeals), the date of approval shall be the date the Review Authority makes a final determination on the Appeal.

3. Ownership and Transferability of Permits and Approvals. An approved permit or other approval applies to the subject property and runs with the land, except as specifically provided in this Title. Once approved, a permit or approval remains effective unless terminated, abandoned, revoked, or modified. An approved permit or other approval is transferable to any future owner of the subject property.

4. Inspections. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with the conditions.

K. Expiration of Permits.

1. Lapse of Permit. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall be implemented within two years following the effective date, or it shall expire and be deemed void unless a Time Extension is approved consistent with Subsection 17.D.02.040.L (Extension of Time).

2. Time Limits.

a. A Review Authority may establish a time limit that differs from the time limit contained in Subsection 17.D.02.040.K.1 (Lapse of Permit); however, the time limit shall be based upon the size and nature of the proposed project as described in the written findings for project approval.

b. For concurrent applications, the longest time limit associated with any one permit or approval shall apply to all of the other concurrent permits. All permits associated with the approval of a tentative map shall have the same expiration date as the tentative map.

3. Implementation.

a. A permit or approval shall not be deemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has commenced the allowed use on the subject site in compliance with the approval.

b. Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void.

c. If a project is phased, each phase shall be subject to a time limit during which construction must commence. Each subsequent phase shall have the same length of time allowed for the previous phase. The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit of approval.

4. Lapse of Approved Use. A permit or approval for a use or activity shall be deemed to have lapsed if the following applies:

a. When the use or activity ceases operation and/or the business closes at the permitted location for a period of at least six months; or

b. In compliance with Section 17.C.16.050 (Nonconforming Uses) regarding nonconforming uses.

5. Renewal of an Expired Application. An approved permit or approval which has been allowed to expire shall require the filing of a new application in accordance with the procedures in Subsection 17.D.02.040.B (Application Process and Fees).

6. Determination of Expiration. If the Community Development Director determines a permit or other approval has expired, the Community Development Director shall notify the holder of the permit or other approval in writing of that determination, and that the permit or other approval is expired, lapsed, and null and void. The Community Development Director's determination may be appealed to the Planning Commission by the holder of the permit or other approval.

L. Extension of Time.

1. Initiation. An application for a Time Extension of a previously approved permit or other approval may be initiated by the applicant who filed the original application or their successor.

2. Suspension of Expiration. The filing of a Time Extension request shall suspend the actual expiration of the permit or approval until the Time Extension has been acted upon by the Review Authority. No construction permits (e.g., grading or building permits) for the project shall be issued during the period of suspension.

3. Application Requirements. A Time Extension request shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

4. Authority. The original Review Authority shall make the decision on a Time Extension; however, the Community Development Director may grant a Time Extension that would otherwise require another Review Authority when there has been no proposed change in the original permit or approval.

5. Approval Procedures.

a. After a Time Extension application has been filed with the Department, the Community Development Director shall review the application to determine whether it conforms with the provisions of this Section in accordance with Subsection 17.D.02.040.D (Review of Planning Applications).

b. A public hearing shall be required for a Time Extension if a public hearing was required for the original approval. If the Community Development Director is making the decision on a Time Extension, no public hearing is needed.

6. Findings. A Time Extension may be granted, with or without conditions, only after the following findings are made:

a. There have been no changes in circumstances, law, General Plan, or this Title that would preclude the Review Authority from making the findings upon which the original approval was based; or

b. The original conditions of approval have been modified or new conditions of approval have been imposed as deemed reasonable and necessary to ensure that the permit or approval will remain in compliance with the findings required by this Title; and

c. The applicant has made a good faith effort to implement the permit or approval and comply with any applicable conditions of approval in a timely manner.

7. Length of Time Extension. The Review Authority may grant up to three one-year Time Extensions allowing a permit or approval to remain in effect for a total of up to three years beyond the expiration date of the original permit or approval, or for as long as any subdivision concurrently approved is extended, whichever is longer.

M. Revisions to an Approved Project. If an applicant would like to revise or modify an approved permit for a use, structure, or other approval, the Community Development Director shall determine the level of revision based on criteria, as follows:

1. Minor Revisions. Minor revisions to approved plans and permits may be approved by the Director if the revisions:

a. Are consistent with the original findings and conditions of approval;

b. Do not substantially expand the approved floor area or height of a building; and

c. Would not result in any new or intensified detrimental effects, unless waived by the Community Development Director.

2. Major Revisions. Major revisions to approved plans and permits are any revisions not considered to be minor revisions. Major revisions shall be decided by the same Review Authority as the original approval, and a public hearing shall be required if a public hearing was required for the original approval.

N. Revocation of Permits. Any permit granted under this Division may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

1. Initiation of Proceeding. Revocation proceedings may be initiated by the Council, Planning Commission, or Community Development Director.

2. Written Notice to Permittee. At least 30 days prior to the revocation hearing, the permittee (the owner of the property, use, or business subject to the revocation) subject to the revocation hearing shall be given written notice of the City's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested.

3. Public Hearing Notice, Hearings, and Action. A public hearing notice of a revocation preceding shall be noticed in accordance with Subsection 17.D.02.040.F (Public Hearing Notice). After conducting a public hearing, the Planning Commission, or Council where they were the original approval authority, must act on the proposed revocation.

4. Required Findings. The Planning Commission or Council may revoke or modify the permit if it makes any of the following findings:

a. The approval was obtained by means of fraud or misrepresentation of a material fact;

b. The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or substantially changed in character;

c. The use has ceased to exist or has been suspended for six months;

d. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this Title, or any applicable local or state law or regulation; or

e. The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.

5. Notice of Action Regarding Revocation. Following a decision by the Review Authority to revoke or modify a permit, the Community Development Director must issue a Notice of Action within 10 days. The Notice of Action must describe the Planning Commission's or Council's action and findings. The Community Development Director must mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

O. Appeals. Any action by the Community Development Director or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section. Failure to exhaust all administrative remedies as specified in this Section may jeopardize an appellant's opportunities to seek any subsequent remedy.

1. Appeal Bodies.

a. Decisions of the Community Development Director. The Planning Commission is the appeal body for decisions of the Community Development Director.

b. Decisions of the Planning Commission. The Council is the appeal body for decisions of the Planning Commission.

2. Who May File an Appeal. Any interested party may appeal a Review Authority's decision during the appeal period.

3. Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within 15 days of the date which the action was taken.

4. Procedures for Filing an Appeal.

a. Filing. An application for an appeal shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.

b. Required Information. An application for an appeal shall be submitted to the City Clerk on a prescribed City form and, at minimum, shall include the following:

(i) The specific action being appealed and the reason for the appeal;

(ii) A written description of the specific grounds for the appeal, including why the appellant contends the action is not in accordance with this Title, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;

(iii) A description of how the appellant requests the action be reversed or modified; and

(iv) The name, address, and telephone number of the appellant or contact person if there are multiple appellants.

5. Appeal Review.

a. Appeal Review. Within three working days of receipt of the appeal, the City Clerk shall examine the appeal, and if it is found to be incomplete, return it by certified mail to the appellant for revision. Appellant shall have five working days from the date the returned appeal is received to file an amended appeal. Upon failure to file an amended appeal within the five-day period, the appeal shall be deemed withdrawn.

b. Receipt of Appeal. The receipt of a written appeal shall stay all actions or put all permits or other discretionary approvals that may have been granted in suspension, pending the effective date of the Review Authority hearing the appeal.

6. Appeal Hearing and Standards of Review.

a. The hearing on the appeal shall be a new hearing. Any party may appear and provide additional testimony or evidence.

b. The Director, upon the City Clerk finding the application for an appeal to be complete, shall schedule the appeal, together with City staff's report on the appeal, for a public hearing before the appeal body in compliance with Subsection 17.D.02.040.G (Public Hearings).

c. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision.

7. Decision on Appeal. The appeal body may affirm wholly or partly, reverse, or modify the prior decision.