TO: Board of Supervisors
FROM: Sheryl L. Bratton - County Counsel
REPORT BY: Jason M. Dooley - Deputy County Counsel IV
SUBJECT: Introduction and intention to adopt an Ordinance removing Section 2.88.040 and amending Sections 2.88.050, 2.88.060, 2.88.070, and 2.88.080 of Chapter 2.88, Appeals, and Section 3.32.100 of Chapter 3.32, Uniform Transient Occupancy Tax, regarding the filing and contents of appeals packets.
RECOMMENDATION
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PUBLIC HEARING - Introduction of Ordinance
Introduction and intention to adopt an Ordinance removing Section 2.88.040 and amending Sections 2.88.050, 2.88.060, 2.88.070, and 2.88.080 of Chapter 2.88, Appeals, and Section 3.32.100 of Chapter 3.32, Uniform Transient Occupancy Tax, regarding the filing and contents of appeals packets. (No Fiscal Impact)
(STAFF REQUESTS A CONTINUANCE TO JANUARY 28, 2025 AT 9:00 AM.)
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BACKGROUND
Under the current code, appeals are initiated by filing a Notice of Intent to Appeal on a form provided by the Clerk of the Board, along with an initial filing fee. The Notice of Intent must be filed within 10 days of the decision subject to the appeal. Thereafter, an applicant must submit a complete Appeal Packet and another fee calculated by the Clerk of the Board. Napa County Code section 2.88.050 sets forth the required contents of the Appeal Packet, but essentially, the Appeal Packet sets forth the relevant details about the appeal, including the substantive grounds of appeal and, in cases involving real property, a report identifying the owners of any property within 1000 feet of the property subject to the appeal. The Appeal Packet is due within 10 days of filing the Notice of Intent to Appeal, and therefore, no more than 20 days after the date of the decision.
On November 5, 2024, the Board of Supervisors amended the fee policy relating to appeals and established a single fee to encompass the general costs associated with an appeal. The fee change simplifies the process for the Clerk, who no ...
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