Napa City Zoning Code
CHAPTER 17
70 APPEALS
§ 17.70.010 Specific purposes.
Any applicant or other interested person dissatisfied with any action taken under this title may appeal such action and decision as described below.
A.
Administrative Decision. Appeals based on decisions made by the Community Development Director (or the Community Development Director's designated appointee) or any other administrative official, in taking any actions authorized by this title, shall be filed by any aggrieved party with the Planning Commission through the Community Development Director.
B.
Planning Commission. Appeals based on decisions made by the Planning Commission may be filed by any aggrieved party with the City Council through the City Clerk.
(O2003-12)
§ 17.70.020 Right of appeal.
Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to appeal.
(O2003-12)
§ 17.70.030 Appeal procedure and time limits.
A.
Appeal Made in Writing. Unless otherwise indicated, all appeals shall be made in writing and be accompanied by the appropriate fee. Appeals must be received by the Community Development Director or City Clerk not later than 10 calendar days following the date of action from which appeal is being taken. If the 10th calendar day is a weekend or a city holiday, the deadline is extended to the next working day.
B.
Appeal Letter. The letter of appeal must state: (1) the specific action objected to; (2) the action appellant requests the Planning Commission or City Council to take; (3) the reason for the appeal; and (4) the name, address and telephone number of the appellant or contact person if there are multiple appellants.
C.
City Response. Within three working days of receipt of the appeal, the Community Development Director or 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 to file an amended appeal. Upon failure to file an amended appeal within said five days, the appeal shall be deemed withdrawn.
D.
Scheduling for Hearing. Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than 15 days nor more than 45 days after the date of filing an appeal, consistent with the agenda preparation procedures and schedule of the hearing body.
E.
Actions Stayed. The receipt of a written appeal shall stay all actions, or put in abeyance all permits or discretionary approvals which may have been granted, pending the effective date of the decision of the body hearing the appeal.
(O2003-12)
§ 17.70.040 Public notice and hearing.
§ 17.70.050 Notice of decision.
After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of the decision shall be mailed to the applicant and to the appellant.
(O2003-12)
§ 17.70.060 Effect of failure to give notice.
No action, inaction or recommendation regarding any development by the Planning Commission shall be held void or invalid or be set aside by any court by reason or error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probably if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.
(O2003-12)
§ 17.70.070 Effective date of appealed actions.
A.
Planning Commission. A decision by the Planning Commission regarding an appeal shall become final on the day following the 10th calendar day after the decision, unless the 10th calendar day is a weekend or city holiday, in which case the decision shall become final on the next working day, unless appealed to the City Council.
B.
City Council. A decision by the City Council regarding an appeal shall become final on the date action was taken by the City Council.
(O2003-12)