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PC Res 3325RESOLUTION 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 hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2001-07 (TA): While 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 ATTEST: Sharon Fierro, Secretary M~trom, COnair Exhibit # 1 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~,--~--~-~-v 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 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