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