CITY COUNCIL AGENDA ITEM
Meeting Date: October 24, 2006
Subject/Title: An appeal of the Planning Commission’s decision denying an
appeal filed by Bailey Neff regarding the Community Development Department’s
determination regarding the completeness of an application for a tentative
subdivision map (TSM 8446). The property is located at 1060 Minnesota Avenue
Prepared by: Debbie Hill, Associate Planner
Submitted by: Howard Sword, Community Development Director
Staff recommends the City Council deny the appeal filed by Bailey Neff in
regard to the completeness of his application for a tentative subdivision
map (TSM 8446).
The applicant is appealing the Planning Commission’s decision on his appeal
of the Community Development Department’s determination regarding the
completeness of an application for Tentative Subdivision Map 8446, a request
for an 8-lot tentative subdivision map.
Mr. Neff has maintained that, based on Government Code Section 65943 (the
Permit Streamlining Act), which requires that the City respond to an
applicant as to the completeness of his or her application within a 30-day
time period, the City has not responded within 30 days to all of his
submittals and, therefore, his application should be deemed complete and
On October 3, 2006, the Planning Commission held a hearing on Mr. Neff’s
appeal and voted 5-0 to deny his appeal. It was the position of the
Commission that since the required fees had not been paid for processing of
the application, no formal application existed.
The City of Brentwood has an adopted subdivision ordinance. Section
16.050.020 of the subdivision ordinance states, “At the time of filing of a
tentative map, the subdivider shall pay the tentative map filing fee as set
forth in the current City fee schedule.” (Emphasis added).
In addition, Government Code Section 65943(e) states, “A public agency may
charge applicants a fee not to exceed the amount reasonably necessary to
provide the service required by this section. If a fee is charged pursuant
to this section, the fee shall be collected as part of the application fee
charged for the development permit.”
Section 16.050.040 of the City of Brentwood subdivision ordinance also
requires the Planning Commission to consider the environmental document
prepared for the subdivision prior to any action to approve, conditionally
approve, or deny a tentative map.
Mr. Neff originally submitted a universal application form for TSM 8446 on
August 8, 2003. Even though fees were not submitted with the application at
that time, staff worked in good faith with the applicant and did respond to
Mr. Neff on September 19, 2003, 42 days after receipt of the application
form, advising him of the necessary items needed in order to complete his
Since fees were not paid at the time of application (and have yet to be
paid), it is the opinion of staff, which has been subsequently affirmed by
the Planning Commission, that no formal application exists at this time for
tentative subdivision map 8446.
However, a good faith effort anticipating that the fees would be
forthcoming, staff has been continually working with Mr. Neff over the past
three years to assist him in getting the required information submitted in
order to complete the application. Staff has attempted to be prompt in their
responses to submittal items and inform Mr. Neff of the items still
However, at the present time, the following information still needs to be
submitted in order to continue processing the application and complete the
mitigated negative declaration required by the California Environmental
Quality Act (CEQA) and the City’s subdivision ordinance prior to a public
hearing before the Planning Commission:
1. Fees in the amount of $29,791.00 for the processing of the application.
2. A biological survey for threatened or endangered species (needed for the
3. A Phase I and, if required, a Phase II environmental site assessment
which evaluates soil conditions on the property (also needed for the CEQA
4. A 300’ property owner’s radius list with stamped and addressed envelopes.
Once the above items have been submitted, reviewed and approved by staff,
the required environmental document can be prepared, and the application can
be brought forth to the Planning Commission for action.
In order to alleviate this situation from occurring in the future, the
Community Development Department has initiated a policy that no application
forms are to be accepted without the required processing fees.
1. Resolution denying the appeal filed by Bailey Neff
2. Appeal statement from Bailey Neff received October 10, 2006
3. Vicinity Map
4. Proposed Tentative Subdivision Map 8446
5. Planning Commission staff report dated October 3, 2006
6. Planning Commission draft minutes from the October 3, 2006, meeting
CITY COUNCIL RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DENYING THE APPEAL
FILED BY BAILEY NEFF ON THE DECISION OF THE PLANNING COMMISSION DENYING HIS
APPEAL OF THE COMMUNITY DEVELOPMENT DEPARTMENT’S DETERMINATION REGARDING THE
COMPLETENESS OF AN APPLICATION FOR A TENTATIVE SUBDIVISION MAP (TSM 8446).
THE PROPERTY IS LOCATED AT 1060 MINNESOTA AVENUE (APN 017-080-007).
WHEREAS, Bailey Neff, the applicant, has appealed a Planning Commission
decision denying his appeal of the Community Development Department’s
determination regarding the completeness of an application for Tentative
Subdivision Map 8446, a request for an 8-lot tentative subdivision map; and
WHEREAS, the Planning Commission held an appeal hearing on October 3, 2006,
considered the staff report and supporting documentation, public testimony,
and all appropriate information that had been submitted with the proposed
project and voted 5-0 to deny the appeal filed by Bailey Neff in regard to
the Community Development Department’s determination regarding the
completeness of an application for Tentative Subdivision Map 8446 based on
their determination that a formal application did not exist as fees were not
paid at the time of filing of the tentative map; and
WHEREAS, the City Council of the City of Brentwood held an appeal hearing on
this appeal application at its regular meeting of October 24, 2006; and
WHEREAS, the City Council has considered the staff report, supporting
documents, public testimony, and all appropriate information that has been
submitted with the proposed project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
A. Hereby finds that:
1. The proposed tentative subdivision map application (TSM 8446) is not a
valid application as application fees were not, and have not yet, been
submitted with the application for subdivision as required under Section
16.050.020 of the city’s Subdivision and Land Development Ordinance and
California Government Code Section 65943; and
2. The City is not obligated to process the application until the required
application fees are paid. Such application fees are necessary in order to
compensate the City for staff time associated with the processing of
3. The proposed tentative subdivision map application is otherwise
incomplete in that not all of the required technical studies have been
submitted in order to prepare the required environmental document in
accordance with the California Environmental Quality Act (CEQA); and
4. In order to take action either approving, conditionally approving or
denying a tentative subdivision map application, the Planning Commission
must consider the environmental report prepared for the project and
determine that no significant impacts will occur on the project site.
B. Hereby denies the appeal filed by Bailey Neff/Minnesota Rentals, Inc., of
the Planning Commission’s denial decision regarding the Community
Development Department’s determination of completeness of an application for
Tentative Subdivision Map 8446.
C. Hereby deems the application for Tentative Subdivision Map 8446
PASSED by the City Council of the City of Brentwood at its regular meeting
of October 24, 2006, by the following vote: