City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 18

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 (APN 017-080-007).

Prepared by: Debbie Hill, Associate Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
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).

BACKGROUND
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 approved.

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.

ANALYSIS
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 application.

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 required.

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 CEQA document).
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 document).
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.

FISCAL IMPACT
None.

Attachments:
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 Brentwood:

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 applications; and

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 incomplete.

PASSED by the City Council of the City of Brentwood at its regular meeting of October 24, 2006, by the following vote:
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov