Chapt 11 etc-Appeal Fee (2001)To:
From:
D ate:
Subject:
MEMORANDUM
T~'un Haley, Associate Planner
cc~ Lynn Penoyer, Land Development Manager
Jafia~Iemsley
ty City Clerk
April 19, 2001
Approval of City-initiated Amendment to the Muni Code to establish an
Application Filing Fee for Appeals of Discretionary Administrative,
Planning Commission, and Parks & Recreation Commission decisions
At the regular meeting of April 17, 2001, the City Council adopted Ordinance No.
2003 approving a City-initiated amendment to Sections 11.08.170, 11.24.190,
20.16.030, 20.44.010, 21.80.020, and 21.80.030 of the Campbell Municipal Code to
establish an application filing fee for Appeals of discretionary administrative, Planning
Commission, and Parks and Recreation Commission decisions. A certified copy of this
Ordinance is attached for your records.
Please note that this Ordinance will become effective 30 days from the date of adoption.
Ordinance 2003 will be published in the Campbell Express dated 4/25/01 and has been
forwarded to Book Publishing for codification.
cc. Marlene Pomeroy, Secretary
ORDINANCE NO.2003
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING SECTIONS 11.08.170, 11.24.190, 20.16.030,
20.44.010, 21.80.020 AND 21.80.030 OF THE CAMPBELL MUNICIPAL CODE
TO REQUIRE THE PAYMENT OF AN APPLICATION FILING FEE FOR
APPEALS. FILE NO. PLN2001-07 (TA)
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That the subsection (b) of section 11.08.170 of the Campbell Municipal Code be
amended to read as follows:
11.08.170 Appeals. (b) All decisions of the public works department made pursuant to this chapter
may be appealed to the parks and recreation commission by filing a written request with the
commission within ten days of the mailing of the public works department's notice. All appeals to the
commission shall be heard at the first regular meeting held later than seven days after the receipt of the
appeal. All decisions of the commission shall be in writing and be final unless an appeal is filed, in
writing, with the city council within ten days of mailing notice of the decision of the parks and
recreation commission. Such appeal of the parks and recreation commission shall be filed with the city
clerk and be accompanied by a filing fee in accord with the schedule of fees as established by the city
council, no part of which is refundable.
SECTION TWO: That subsection A of section 11.24.190 of the Campbell Municipal Code be
amended to read as follows:
11.24.190 Appeals. A. Any person aggrieved by a decision of any officer, department or commission
of the city under the provisions of this chapter may appeal said decision to the city council by filing
written notice of the appeal with the city clerk within thirty days after the date of the decision. Such
appeal of a commission decision shall be accompanied by a filling fee in accord with the schedule of
fees as established by the city council, no part of which is refundable.
SECTION THREE: That the seventh paragraph of section 20.16..030 of the Campbell Municipal Code
be amended to read as follows:
The appeal shall be in writing, shall be filed with the secretary of the planning commission, shall
generally set forth the grounds of appeal, and shall be accompanied by a filing fee in accord with the
schedule of fees as established by the city council, no part of which is refundable.
SECTION FOUR: That section 20.44.010 of the Campbell Municipal Code be amended to read as
follows:
20.44.010 Notice. Appeal may be made from any decision, determination or requirement of the
planning commission or city engineer by filing a notice thereof in writing with the city clerk within ten
days after such decision or determination or requirement is made. Such notice shall set forth in detail
the action and the groUnds upon which the subdivider deems himself aggrieved and be accompanied by
-City Council Ordinance 2003
Text Amendment to Campbell Municipal Code - Establishing Appeal Fees
Sections 11.08.170, 11.24.190, 20.16.030, 20.44.010, 21.80.020 and 21.80.030
Page 2
a filing fee in accord with the schedule of fees as established by the city council, no part of which is
refundable.
SECTION FIVE: That section 21.80.020 and 21.80.030 of the Campbell Municipal Code be amended
to read as follows:
Chapter 21.80.020 Appeals from discretionary administrative decisions. An appeal may be made to
the Planning Commission by the applicant or any other interested party from any discretionary
administrative interpretation made by the community development director or any city official under
this title. Such appeal shall be filed with the community development director and accompanied by a
filing fee in accord with the schedule of fees as established by the city council, no part of which is
refundable. Ministerial actions granting or denying a permit under this title are final and may not be
appealed.
Chapter 21.80.030 Appeals from decision of the planning commission. An appeal may be made to the
City Council by the applicant or any other interested party from any decision of the Planning
Commission under this title. Such appeal shall be filed with the city clerk and accompanied by a filing
fee in accord with the schedule of fees as established by the City Council, no part of which is
refundable.
SECTION SIX: This Ordinance shall become effective thirty (30) days following its passage and
adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the
Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 17th day of April
,2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: Furtado,
Councilmembers: None
Councilmembers: None
Councilmembers: None
Kennedy, Burr,
Watson, Dean
ATTEST:
Anne Bybee, City Clerk
J:\Ordinances\CC Ord re Appeal Fees.doc
APPROVED:
T.
Dean,
EGO~G- " '~F ~ H¢
To.'
From:
D ate:
Subject:
MEMORANDUM
Tim Haley, Associate Planner
Lynn Penoyer, Land Development Manager
Jan~memsley
De~ City Clerk
April 5, 2001
RECEIVED
APR-9 2001
CITY OF CAMPBELL
PLANNING DEPT,
City-initiated text amendment to establish an application filing fee for
Appeals of Discretionary Administrative, Planning Commission, and
Parks and Recr~eation Commission decisions
At the regular meeting of April 3, 2001, the City Council held a public hearing to
consider a City-initiated text amendment to establish an application filing fee for
Appeals of discretionary administrative, Planning Commission and Parks and
Recreation Commission decisions.
After due discussion and consideration, the City Council gave first reading to
Ordinance No. 2003 amending Sections 11.08.170; 11.24.190; 20.16.030; 20.44.010;
21.80.020, and 21.80.030 of the Campbell Municipal Code to require payment of an
application filing fee for appeals.
The City Council further adopted Resolution No. 9836 establishing a filing fee of
$100.00 for Appeal applications pursuant to the above mentioned sections.
A certified copy of this Resolution is attached for your records. Second reading of
Ordinance 2003 will be heard at the regularly scheduled City Council meeting of April
17, 2001, and a certified copy will be forwarded to you after that meeting.
cc. Marlene Pomeroy, Secretary, DPW
RESOLUTION NO. 9836
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL TO REQUIRE THE PAYMENT OF A
$100.00 APPLICATION FILING FEE FOR APPEALS OF
DISCRETIONARY ADMINISTRATIVE, PLANNING
COMMISSION AND PARKS AND RECREATION
COMMISSION DECISIONS.
After notification and public hearing, as specified by law, and after presentation by the
Community Development and Public Works Director, proponents and opponents, the hearing
was closed.
After due consideration of all evidence presented, the City Council did find as follows:
1. Recognizing the importance of appeals and the significant amount of staff time necessary to
review and prepare reports on appeals; and
2. The proposed amendment allows the City to charge reasonable fees in conjunction with the
review and processing of appeal applications.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed application filing fee is proportional to the actual cost of preparing reports and
reviewing appeals.
2. The proposed fee is consistent with State of California Government Code section 66016 that
allows the requirement of application fees.
Now, therefore be it resolved that the application fee schedule be amended to include a $100.00
application filing fee.
PASSED AND ADOPTED this 3rd day of apr±l _, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCILMEMBERS: 1/Purtado,
COUNCILMEMBERS: De an
COUNCILMEMBERS: None
COUNCILMEMBERS: None
APPROVED:
Anne Bybee, City Clerk
Kennedy, Burr, Watson
M w Dean, Mayor
,~ FOR'EGoING INsTRU~"!~NT IS A TRUE
9~ND CORRECT COP'," OF 3HE oR~GtNAL
ON FILE tN ~H~S OFfiCe.
~: ANNE BYE. EE, Cl~ CLERK, G~TY
~ AMPDEL~ CALIFO~i~ .~
[Omit 11.08.140from this report]
Chapter 11.08 STREET TREES AND PARKING STRIPS
11.08.170 Appeals. (b) All decisions of the public works department made pursuant to
this chapter may be appealed to the parks and recreation commission by filing a written
request with the commission within ten days of the mailing of the public works
department's notice. Ail appeals to the commission shall be heard at the first regular
meeting held later than seven days after the receipt of the appeal. Ail decisions of the
commission shall be in writing and be final unless an appeal is filed, in writing, with the
city council within ten days of mailing notice of the decision of the parks and recreation
commission. Such appeal of the parks and recreation commission shall be filed with the
city clerk and be accompanied by a filing fee in accord with the schedule of fees as
established by the city council, no part of which is refundable.
Chapter 11.24 STREET IMPROVEMENTS
11.24.190 Appeals. A. Any person aggrieved by a decision of any officer, department
or commission of the city under the provisions of this chapter may appeal said decision to
the city council by filing written notice of the appeal with the city clerk within thirty days
after the date of the decision. Such appeal of a commission shah be accompanied by a
filing fee in accord with the schedule of fees as established by the city council, no part of
which is refundable.
Chapter 20.16 PARCEL MAP PROCEDURES
20.16.030 Action on tentative parcel maps. The appeal shall be in writing, shall be filed
with the secretary of the planning commission, shall generally set forth the grounds of
appeal, and shall be accompanied by a filing fee in accord with the schedule of fees as
established by the city council, no part of which is refundable.
Chapter 20.44 APPEALS
20.44.010 Notice. Appeal may be made from any decision, determination or
requirement of the planning commission or city engineer by filing a notice thereof in
writing with the city clerk within ten days after such decision or determination or
requirement is made. Such notice shall set forth in detail the action and the grounds upon
which the subdivider deems himself aggrieved and be accompanied by a filing fee in
accord with the schedule of fees as established by the city council, no part of which is
refundable.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCK_q
10.
City-initiated Amendment to Campbell Municipal Code to Establish an Application
Filing Fee for Appeals of Discretionary Administrative, Planning Commission and
Parks and Recreation Commission Decisions (Introduction of Ordinance/Roll Call
Vote)
This is the time and place for a public hearing to consider a City-initiated Amendment
to Campbell Municipal Code Sections 11.08.170, 11.24.190, 20.16.030, 20.44.010
28.180.020 and 21.80.030 to establish an application filing fee for Appeals of
Discretionary Administrative, Planning Commission and Parks and Recreation
Commission Decisions.
Senior Planner Bradley - Staff Report dated April 3, 2001.
Mayor Dean declared the public hearing open and asked if anyone in the audience
wished to be heard.
Pat McCullough, 771 Old Orchard Road, Campbell, appeared before the City Council
and stated she was opposed to establishing a filing fee for Appeals.
Karen Pruitt, 753 Old Orchard Road, Campbell, appeared before the City Council and
stated she was opposed to establishing a filing fee for Appeals.
There being no one else wishing to speak, Mayor Dean closed the public hearing.
Following discussion, M/S: - that the City Council introduce Ordinance 2003
amending Campbell Municipal Code Sections 11.08.170, 11.24.190, 20.16.030,
20.44.010, 21.80.020 and 21.80.030 to require the payment of an application filing
fee for Appeals for first reading; and adopt Resolution 9836 establishing a ~ing fee
of $100 for Appeal applications pursuant to these sections. Motion adopted by the
following roll call vote:
AYES: Councilmembers: Furtado, Kennedy, Burr, Watson
NOES: Councilmembers: Dean
The City Clerk read the title of Ordinance No. 2003.
M/S: Burr/Kennedy - that further reading of Ordinance No. 2003 be waived.
Motion adopted unanimously.
[%'FINISHED BUSINESS
There were no agendized items.
Minutes of 4/3/01 City Council Meeting 4
Council
Report
ITEM NO:
CATEGORY:
MEETING DATE:
10.
Public Hearing
April 3, 2001
TITLE
CiD'-Initiated text amendment to establish an application filing fee for Appeals
of Discretionary Administrative, Planning Commission and Parks and
Recreation Commission decisions.
RECOMMENDATION
Introduce the attached ordinance amending Sections 11.08.170, 11.24.190,
20.16.030, 20.44.010, 21.80.020 and 21.80.030 of the Campbell Municipal Code
to require the payment of an application filing fee for appeals; and
2. Adopt the attached Resolution establishing a filing fee of $100.00 for Appeal
applications pursuant to these sections.
ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act does not apply to the establishment of
application filing fees.
BACKGROUND
Several chapters of the Campbell Municipal Code establish appeal procedures for
various decision making authorities to the Planning Commission and City Council.
For instance, discretionary administrative decisions of the Community Development
Director pertaining to zoning may be appealed to the Planning Commission; and
Planning Commission and Parks and Recreation Commission decisions pertaining to
subdMsions, public improvements and street tree removals can be appealed to the
City Council.
The City Council is more regularly considering appeals that require significant staff
time in the preparation of reports and providing hearing notices. Recent examples
include the discussion of signing issues for Scandinavian Concepts on Hamilton
Avenue, the discussion of playground equipment at the Seventh Day Adventist
School on Rincon Avenue, conditions of approval associated with the construction of
a Walgreen's drugstore at Kirkwood Plaza, and street tree removals on West Latimer
Avenue and Archer Way. The attached chart entitled "Appeal Analysis" is attached
that summarizes recent appeals.
All of these appeals may be made without an application filing fee. The State of
California Government Code Section 66016, however, allows the City of Campbell to
charge a filing fee to recover actual staff cost associated with the processing of
applications.
City Council Report -- Meeting of April 3, 2001
PLN 2001 - 01 -Appeal application fees
Page 2
ANALYSIS
Staff is recommending that the applicable sections of these chapters be amended to require the
payment of an application fee as adopted by the City Council. Additionally, staff is recommending
that the fee schedule be amended to include an application fee of $100.00 for such appeals. This
nominal amount does not cover the complete staff and hearing public cost; however, it should
discourage frivolous appeals. The following table summarizes appeal fees for neighboring
jurisdictions:
Summary of Appeal Application Fees
Campbell 5;100 Recommended
Cupertino $130 Refunded if appeal is granted
Los Altos $210 - $1056 Single family appeal represents 20% of actual
cost of appeal processing
Los Gatos $50
Morgan Hill $307- $1167 Varies depending on type of application
Palo Alto $100
San Jose $50
Santa Clara 5;100
Saratoga $250
Sunn~'ale $64
Staff has considered the option of refunding appeal fees if the appeal is granted. Upon further
review, it is sometimes the case that the final outcome of an appeal is a compromise that would not
lend itself to a clear determination as to whether the appeal was granted. As a result, Staff is not
recommending a refundable appeal fee.
Plannino_ Commission Action: The Planning Commission at its meeting of February 27, 2001
adopted Resolution No. 3325 recommending denial of the imposition of an application fee for filing
appeals. The majority of the Commission felt that appeals of decisions are an individual's fight
during the decision making process that should not be encumbered by a fee. A copy of the Planning
Commission resolution and the meeting minutes is attached.
Parks and Recreation Commission: The Parks and Recreation Commission considered the issue of
appeal fees at its meeting of March 7, 2001. The Commission is recommending the establishment of
an application filing fee for appeals.
ALTERNATIVES
1. Deny the proposed amendments and fees.
2. Continue for further review.
City Council Report -- Meeting of April 3, 2001
PLN 2001 - 01 - Appeal application fees
Page 3
FISCAL IMPACTS
The City Council considers approximately ten or fewer appeals annually. The
application filing fee of $100.00 could result in approximately an additional $1,000.00
in the General Fund.
Attachments:
1. Draft City Council Ordinance (Amending Sections 11.08.170, 11.24.190,
20.16.030, 20.44.010, 21.80.020 and 21.80.030 Campbell Municipal Code)
2. Draft City Council Resolution (Amending Fee Schedule)
3. Appeal Analysis
4. Planning Commission Resolution and Minutes - February 27, 2001
5. Draft Parks and Recreation Commission Minutes - March 7, 2001
v ~im Halley, Associate Planney
Prepared by:
L~'rm Penoyer, Land' Development Manager
Reviewed by:
//C.,4etchen Co~er, Finance Direc or
Reviewed by: ~~[ ~~ n~
' ' Sh~rs~fi=~fCo~ty De~opme ' ctor
Robe~ass, Pd ~lic Works Director
Approved by:
' Bema.¢¢ ~t ~anager
Appeal Analysis
March 1999 though March 2001
Attachment #3
Address
90 E. Latimer Ave.
2205 Winchester Blvd.
54 N. Central Ave.
3245 S. Winchester Blvd.
235 Cherr7 Lane
1680 Westmont Ave
723 El Patio
770 W. Hamilton Ave.
14419 S. Bascom Blvd.
24 & 34 Dillon Ave.
281 W. Latimer Ave.
1600 W. Campbell Ave,
1117 Archer Way
213-229 N, Central Ave.
531 W, Rincon Ave.
Common Name
Montesorri School
Dent Pro
Bowen Office Bldg.
New Commercial Building
Fence
Two lot sub-division
Two lot sub-division
Four Redwood Trees
Wong Dental Building
Paul Del Grande
John Herkenrath
Walgreen's
Lawrence Yang
13 Pine Trees
SDA School Playground
Date of Public Hearing
03/16/1999
07/20/1999
07/20/1999
11/16/1999
01/0412000
04/11/2000
06/06/2000
09/05/2000
10/03/2000
11/21/2000
11/21/2000
01/02/2001
01/02/2001
01/23/2001
03/20/2001
Result
PC decision Upheld
PC decision Upheld
Appeal Granted
Appeal Granted
PC decision Upheld
Withdrawn
PC decision Upheld
PC decision Upheld
Appeal Granted
PC decision Upheld
Appeal Granted
Appeal Granted
P&R decision Upheld
Appeal Granted
PC decision Upheld
SUMMARY
ACTION Qty. Percentage
PC/P&R decision Upheld 8 53%
Appeal Granted 6 40%
Withdrawn 1 7%
TOTAL 15
· PC/P&R decision
Upheld
· Appeal Granted
Withdrawn
Community Development Department 03/22/2001
Attachment
Parks & Recreation Commission
Minutes
March 7, 2001
Page 2
Ocili Cooperate with the City Council and the Santa Clara County Open Space
Authority in searching for future park sites that are consistent with the
pen Space Element; and work with other agencies to upgrade existing
ties. (Potential sites include: percolation ponds and Los Gatos Creek
P~.)
2. Devel~ a Veteran's Memorial Project.
3. Establislx~ Friends of Edith Morley Park to preserve the native plant areas
and commbn~ty gardens.
4. Request thatX, l~ublic Works provide a maintenance project to renovate
Gomes Park. NN
~ Form an advisory 'group to assist Our City Forest with the management of
the new Community G~den. .
6. Coordinate the ded~catiohx,9,f Morley Park.
7. Coordinate the annual Arb0r, x,Day event.
8~shing in the Cit~ Day in cooperation with the Santa Clara
C~rks Department on Sep'N,,mber 22, 2001.
9~nity DevelopmenN~,epartment with a survey of existing
trees. N
2~. hai~erson LaDuc n~ the following Committee
appointments: ~
C~~r), Zeman and Lowder ~
Community Garden: Lowder (Chair), LaDuc, Christensen N
3
2001 Commission meeting.
Proposed Municipal Code Amendment re Filing Fees for Appeals. Ms. Penoyer
reported that on February 6, 2001, the City Council authorized staff to proceed with a
City-initiated amendment to the Municipal Code regarding filing fees for appeals (a
copy of the staff report was included in the Commission's agenda packet). Detailed in
the report was a list of fees charged by other cities for filing appeals ranging from $50
to Si,100, in part to recover costs associated with dealing with decisions that are
appealed to Commissions and/or the City Council.
One of the proposed fees is for tree removal appeals. Ms. Penoyer said that the Parks
and Recreation Commission is being asked to decide whether or not to recommend to
the City Council that a filing fee for appeals be established and, if so, whether or not to
Parks 8,: Recreation Commission
Minutes
March 7, 2001
Page 3
concur with staff's recommendation that the initial fee be set at $100 or another
amount.
Ms. Penoyer noted that the Planning Commission considered whether or not to
recommend the establishment of appeal filing fees in conjunction with planning related
matters. In a two to five vote, the Planning Commission opposed recommending the
imposition of these fees.
Commissioner Lowder expressed support for establishing a filing fee for appeals. To
clarify questions posed by Chairperson LaDuc, Ms. Penoyer explained that the appeal
filing fee has no effect on the already established no fee R-1 encroachment permit
process to remove and replace a tree which requires a refundable deposit, nor will it
require charging a fee for a tree removal request. The fee would only apply to filing an
appeal for a decision made by the Commission to the City Council.
Motion by Commissioner Andrian0s, seconded by Commissioner Lowder, that the
Parks and Recreation Commission recommend establishing a $100 filing fee for
tree removal requests appealed to the City Council. Motion carried by a vote of 4-
0-3 (Commissioners Christensen, Cripe and Zeman being absent).
\iITTEE REPORTS
1. "'~ Trail. There was no report.
2, Tree CbKtmittee. Ms. Penoyer announced that the Arbor Day event has been combined
STAFF REPORTS
1. Public Works.
with the de~ation of Edith Morley Park and will be held on Saturday, May 12, at
l l:00.,r~ a.m. Th'bx~.ity has apphed' for its 19m annual Tree City USA Award, as well as
its > Growth Awa?~,x,'
City Parks. Chairperson "~uc commended staff for their continued positiveness
tending to the parks. They wer~v,,~ crowded due to the good weather.
Recreation Programs. There was no rep'o~
South Baby. Chairperson La~ reported for Commissioner Cripe
that there ~n {he City even~ Sunday, March 25 at Vasona
Pca~n~i~;~inlY ear_~s Department is ;iking f°r v°lun~elp with the event'
--r_~n"_There was n° FyPl i ~
Ms. Penoyer reported the following items:
Planning Commission Minutes of February 27, 2001 Page 9
family residence on property located at 1071 El Solyo Avenue, to the
Planning Commission meeting of April 10, 2001, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Doorley, Francois, Gibbons, Hernandez, Jones, Lindstrom
and Lowe
None
None
None
Chairperson Lindstrom read Agenda Item No. 2 into the record.
2. PLN2001-07
Staff
Public Hearing to consider the City-initiated application for
approval of a Text Amendment (PLN2001-07) to amend Sections
21.80.020, and 21.80.030 of the Campbell Municipal Code to
require the payment of an application filing fee for appeals. This
Project is Categorically Exempt. Tentative City Council Meeting
Date: March 20, 2001.
Mr. Tim J. Haley, Associate Planner, presented the staff report as follows:
· Advised that this is a staff-initiated application for a Text Amendment to add a filing fee
for appeals.
· Said that at the present time, the City does not have a current appeal fee for appeals of
administrative decisions of the Community Development Director to the Planning
Commission or decisions of the Planning Commission to Council.
· Informed that on February 6th, Council authorized staff to proceed with this Text
Amendment.
· Said that other local cities in Santa Clara County have appeal filing fees that range from
550 to $1,167.
· Staff recommends adoption of a resolution recommending a fee for filing appeals.
Commissioner Lowe asked Mr. Haley what the recommended fee is based upon.
Mr. Tim J. Haley answered that the Government Code requires that such fees be based upon
cost recovery.
Ms. Sharon Fierro added that the proposed fee is actually much lower than actual cost. It is set
at an amount that is intended to help discourage frivolous appeals without discouraging
appellants. Said that the proposed fee is $100.
Commissioner Doorley suggested that the filing fee be reimbursed to the appellant if their
appeal is upheld.
Ms. Sharon Fierro advised that Council adopts the actual fee schedule but that staff will
recommend that this appeal fee be refundable if the appeal is successful.
Pla~ing Commission Minut, of February 27, 2001 Page 10
Chair Lindstrom said that he was uncomfortable with an appeal fee of Planning Commission
decisions to Council. Said that such an appeal is a right for the applicant.
Commissioner Jones agreed and declared that he is adamantly against any filing fee for
appeals.
Commissioner Doorley suggested that the Commissioners table their specific comments until
after the Public Hearing has occurred.
Commissioner Lowe asked who pays the appeal fee.
Mr. Tim J. Haley replied that whomever files the appeal pays the appeal fee.
Ms. Sharon Fierro added that the actual cost to process an appeal is closer to $1,000.
Chair Lindstrom opened the Public Hearing for Agenda Item No. 2.
Mr. Gene Haun, 1071 E1 Solyo Avenue:
· Inq,aired whether continued items would have such a fee.
Chair Lindstrom replied no.
Chairperson Lindstrom closed the Public Hearing for Agenda Item No. 2.
Commissioner Doorley stated that this fee seems reasonable as long as the successful appellant
is refunded their fee.
Commissioner Gibbons asked for a comparison with other City filing fees.
Ms. Sharon Fierro advised that the fees for single-family residences are subsidized while other
types of development fees are based upon actual costs.
Commissioner Gibbons stated that there is more merit in recovering fees in original application
fees rather than for appeals. Suggested adjusting application fees.
Commissioner Francois said that he concurred with Commissioner Gibbons and that $100 is
not enough, $200 would be better. Said that such appeal fees would eliminate fi'ivolous
appeals such as have been filed in the past. Reminded that it actually costs $1,000 to process
appeals.
Commissioner Jones asked how many appeals have occurred in the last year.
Ms. Sharon Fierro advised that there were 15 appeals in 2000.
Planning Commission Minutes of February 27, 2001 Page 11
Commissioner Jones stated that this fee proposal is ridiculous and that taxpayers pay for the
right to appeal through their property taxes.
Commissioner Doorley disagreed and reminded that fees for licenses and such are standard and
appropriate for governmental agencies to handle administrative functions.
Commissioner Lowe said that this fee is not in the public's interest.
Chair Lindstrom stated that there should be a right to appeal Planning Commission decisions
without a fee.
Commissioner Jones said that it was even more important that appeals be available for
administrative decisions than Commission decisions. At least with Commission decisions, a
Public Hearing is held.
Commissioner Hemandez said that although it appears that recovering cost is the intent, this
revenue does not add much to the City's coffers. Therefore, this proposed fee does not match
the goal for establishing that fee.
Commissioner Lowe asked how many of the appeals last year were successful.
Ms. Sharon Fierro replied about half.
Motion:
Upon motion of Commissioner Lowe, seconded by Commissioner Jones, the
Planning Commission adopted Resolution No. 3325 recommending that
Council not adopt a Text Amendment (PLN2001-07) to amend Sections
21.80.020, and 21.80.030 of the Campbell Municipal Code to require the
payment of an application filing fee, by the following roll call vote:
AYES: Gibbons, Hernandez, Jones, Lindstrom, and Lowe
NOES: Doorley, Francois
ABSENT: None
ABSTAIN: None
Chairperson Lindstrom advised that this item will be considered by Council at its meeting of
March 20, 2001.
Chairperson Lindstrom read Agenda Item No. 3 into the record.
3. PLN2000-177
Staff
Public Hearing to consider the City-initiated application for
approval of a Text Amendment (PLN2000-177) to require uses
that are non-conforming due to their late-night operations come
into compliance with all applicable regulations of Chapter 21.66 of
the Zoning Code. This Project is Categorically Exempt.
Attachment #4
RESOLUTION NO. 3325
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING DENIAL OF A TEXT
AMENDMENT TO SECTIONS 21.80.020 AND 21.80.030 OF THE
CAMPBELL MUNICIPAL CODE TO REQUIRE THE PAYMENT OF
AN APPLICATION FILING FEE FOR APPEALS. FILE NO. PLN2001-
07 (TA)
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2001-07 (TA):
V, rhile recognizing the importance of appeals and the significant amount of staff time
necessary to review and prepare reports on appeals the proposed amendment does not allow
the City to charge reasonable fees in conjunction with the review and processing of appeal
applications.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed text amendment is not consistent with the intent and purposes of the Zoning
Ordinance and does not establish a reasonable review process for appeals.
2. The proposed text amendment is not consistent with the intent and purposes of Chapter 21.80
of the Campbell Municipal Code on Appeals.
The Planning Commission does hereby recommend that the City Council not adopt the attached
Ordinance enacting the necessary legislation to make the proposed text amendment effective.
PASSED AND ADOPTED this 27th day of February, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners::
Commissioners::
Commissioners::
Gibbons, Hemandez, Jones, Lindstrom and Lowe
Doorley, Francois
None
None
APPROVED:
Mel Lindstrom, Chair
ATTEST:
Sharon Fierro, Secretary
Item No. 2
STAFF REPORT - PLANNING COMMISSION MEETING OF
February 27, 2001
PLN 2001-07
City-initiated
Text Amendment
Public hearing to consider a City-initiated application for approval of a
text amendment (PLN 2001-07) to amend Sections 21.80.020 and
21.80.030 of the Campbell Municipal Code to establish the payment of
an application filing fee for appeals.
STAFF RECOMMENDATION
That the Planning Commission take the following action:
Adopt a Resolution, incorporating the attached findings, recommending approval of a
text amendment establishing the payment of an application filing fee.
ENVIRONMENTAL DETERMINATION
The modifications are Categorically Exempt from the California Environmental Quality Act
(CEQA) under Section 15301.
DISCUSSION
Background: The City Council at its meeting of February 6, 2001, authorized staff to proceed
with amendments to various sections of the Campbell Municipal Code to establish a filing fee for
appeals. A copy of the City Council report and minutes is attached.
ANALYSIS
The City does not currently charge a filing fee for appeals. The City Council and the Planning
Commission are more regularly considering appeals that require significant staff time in the
preparation of reports and providing hearing notices. In an effort to recover the cost associated
with such appeals and to discourage frivolous actions, staff is recommending that an application
filing fee be established. Cupertino, Los Altos, Los Gatos, Morgan Hill, Palo Alto, San Jose,
Santa Clara, Saratoga and Sunnyvale each charge appeal fees ranging from $50 to $1,167.
It is recommended that the following language be added or deleted to Sections 21.80.020 and
21.080.030 of the Campbell Municipal Code in the Chapter on Appeals.
Sections 21.80.020 and 21.80.030 shall be amended as follows:
21.80.020 Appeals from discretionary administrative decisions. An appeal may be made to the
Planning Commission by the applicant or any other interested party from any discretionary
administrative interpretation made by the~,-~----t,"~°"";"" community development director or any city
official under this title. Such appeal shall be filed with thet~-~---~,"~°"";"" community development
director and accompanied by a filing fee in accordance with the schedule of fees as established
Staff Report - Planning Commisa,on Meeting of February 27, 2001
PLN 2001-01 - Text Amendment
Page 2 of 2
by the City Council, no part of which is refundable. Ministerial actions granting or denying a
permit under this title are final and may not be appealed.
21.80.030 Appeals from decision of the planning commission. An appeal may be made to the
City Council by the applicant or any other interested party from any decision of the Planning
Commission under this title. Such appeal shall be filed with the city clerk and accompanied by a
filing fee in accord with the schedule of fees as established by the City Council, no part of which
is refundable.
Note:
Added language is in italics
Deleted language is in strike-through text
Recommended Fee: Staff has surveyed surrounding communities in Santa Clara County and has
found that filing application fees for appeals range from $50.00 to $1167.00. Staff will be
recommending an application filing fee of $100.00 for Campbell, when this matter returns to the
City Council.
Attachments:
1. Findings and Recommended Language
2. City Council Report and Minutes dated February 6, 2001
Prepared by:
Approved by:
Tim J lanner
Sharon Fierro, Community Development Director
Attachment 2
FINDINGS FOR APPROVAL OF FILE NO. PLN 2001-07
APPLICANT: City Initiated
P.C. MEETING: February 27, 2001
The Planning Commission finds as follows with regard to File No. PLN 2001-07:
1. Recognizing the importance of appeals and the significant amount of staff time necessary to
review and prepare reports on appeals; and
2. The proposed amendment allows the City to charge reasonable fees in conjunction with the
review and processing of appeal applications.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed text amendment is consistent with the intent and purposes of the Zoning
Ordinance, and establishes a reasonable review process for appeals.
2. The proposed text amendment is consistent with the intent and purposes of Chapter 21.80 of
the Campbell Municipal Code on Appeals.
Recommended Amendment:
It is recommended that the following language be added to Sections 21.80.020 and 21.80.030 of
the Campbell Municipal Code in the Chapter on Appeals:
Sections 21.80.020 and 21.80.030 shall be amended as follows:
21.80.020 Appeals from discretionary administrative decisions. An appeal may be made to the
Planning Commission by the applicant or any other interested party from any discretionary
administrative interpretation made by the "~"~'";"~'t- ....... ~ community development director or any city
official under this title. Such appeal shall be filed with thet-"~""";""v community development
director and accompanied by a filing fee in accordance with the schedule of fees as established
by the City Council, no part of which is refundable. Ministerial actions granting or denying a
permit under this title are final and may not be appealed.
21.80.030 Appeals from decision of the planning commission. An appeal may be made to the
City Council by the applicant or any other interested party from any decision of the Planning
Commission under this title. Such appeal shall be filed with the city clerk and accompanied by a
filing fee in accord with the schedule of fees as established by the City Council, no part of which
is refundable.
Note:
Added language is in italics
Deleted language is in strike-through text
MEMORANDUM
To: Tim Haley
Associate Planner
From: J~sley
I~ty City Clerk
Date: February 7, 2001
Subject:
Authorization to proceed with City-initiated Amendments to the
Municipal Code in regard to Filing Fees for Appeals
At the regular meeting of February 6, 2001, the City Council authorized staff to
prepare amendments to various sections of the Campbell Municipal Code (Sections
21.80.020, 21.80.030, and 11.08.170) to require the payment of an application filing
fee for appeals.
Attachment #2
Barbara Conant, 701 Sweetbriar, Campbell, appeared before the City Council and
spoke in support of holding the "Relay For Life" event at the Community Center.
Kit Ganz, 1210 Castlemont Avenue, San Jose, appeared before the City Council and
spoke in support of holding the "Relay For Life" event at the Community Center.
Eileen Tanaka, 360 E. Campbell Avenue, appeared before the City Council and spoke
in support of holding the "Relay For Life" event at the Community Center.
There were no other requests for public comment on this item.
Following discussion, M/S: Burr/Kennedy - that the City Council adopt the staff
recommendation approving Alternative #1 for the American Cancer Society's
"Relay for Life" event at the Campbell Community Center and waive fees and
staff costs associated with the application as stipulated. Motion adopted
unanimously.
12.
Authorization to Proceed with City-initiated Amendments to the Campbell
Municipal Code in regard to Filing Fees for Appeals
Community Development Director Fierro - Staff Report dated February 6, 2001.
Following discussion, M/S: Kennedy/Furtado - that the City Council authorize
staff to prepare amendments to various sections of the Campbell Municipal Code
to require the payment of an application ~ing fee for appeals. Motion adopted
unanimously.
CO[~'CIL COMMITTEE REPORTS
13. City Councilmember Reports
--Councilmember Kennedy reported on the Vasona Policy Advisory Board Meeting.
--Councilmember Furtado reported on the Quarterly Meeting of the Library Joint
Powers and announced the League of California Cities appointed him to the NLC's
Public Safety and Crime Prevention Policy Committee.
BOARDS AND COMMISSIONS
There were no agendized items.
Minutes of 2/6/01 City Council Meeting 5
Council
Report
ITEM NO: 12.
CATEGORY: New Business
MEETING DATE: February 6, 2001
TITLE
Authorization to Proceed with City-Initiated Amendments to the Campbell
Municipal Code in regard to Filing Fees for Appeals.
RECOMMENDATION
Authorize staff to prepare amendments to various sections of the Campbell
Municipal Code (sections 21.80.020, 21.80.030, and 11.08.170 of the Campbell
Municipal Code) to require the payment of an application filing fee for appeals.
ENVIRONMENTAL DETERMINATION
The California Environmental Quality Act does not apply to the establishment of
application filing fees.
BACKGROUND
Chapter 21.80 of the Campbell Municipal Code establishes the appeal procedures for
discretionary administrative decisions of the Community Development Director and
the Planning Commission. Currently, no fee is associated with such appeals'.
Additionally, Title 11 of the Campbell Municipal Code establishes the appeal
procedure for decisions of the Public Works Department and/or the Parks and
Recreation Commission as they relate to tree removals, encroachment permits and
various assessments.
The City Council and various commissions are more regularly considering appeals
that require significant staff time in the preparation of reports and providing hearing
notices. Recent examples include the discussion of signing issues for Scandinavian
Concepts on Hamilton Avenue, the discussion of playground equipment at the
Seventh Day Adventist School on Rincon Avenue and various tree removal permits.
Consequently, staff is recommending that the City Council authorize staff to prepare
amendments to the Municipal Code to establish a fee for appeal applications.
The following table summarizes the fee charges of other cities in Santa Clara
County:
Table I - Summary of Appeal Application Fees
Cupertino $130 Refunded if appeal is granted
Los Altos $210 - $1056 Single family appeal represents 20% of actual
cost of appeal processing
Los Gatos $50
City Council Report -- Meeting of February 6, 2001
Appeal Fees
Page 2
Morgan Hill $307- $1167 Varies depending on type of application
Palo Alto $100
San Jose $50
i Santa Clara $100
Saratoga $250
Sunnyvale $64
State of California Government Code section 66016 allows the City of Campbell to
charge a filing fee to recover actual staff cost associated with the processing of
applications.
ANALYSIS
Staff is requesting authorization to proceed with amendments to applicable sections
of the Campbell Municipal Code to require the payment of an application filing fee
for appeals as adopted by the City Council.
FISCAL IMPACTS
The City Council considers approximately 15 appeals annually. An application filing
fee of $50.00 would result in approximately an additional $750.00 in the General
Fund.
Prepared by: ~'" / 1,~
Tim H~aley, A~ociate~Planner
Reviewed by:
'Ro6ert Kass, Public Works Director
Reviewed by: .~ 6[,'w~ "~~
(,~h~.~, F~ty Development Director
Approved by:
Bemajqd M. ~t'r,/oJny, City Manager
J:\Reports\COUNClL REPORTS\CC Report Appeal Fees Authorization- PLN 2001-01 .doc