Division 17.64 — HEARINGS; TERM OF APPROVAL; CONDITIONS

Sections: 17.64.010 Hearings 17.64.020 Term of approval 17.64.030 Conditions of approval

A. Planning Commission. If an application will be considered by the Planning Commission, city staff will schedule the matter at the next meeting that has an open agenda, once the application is complete, and at least 14 days later to allow time for noticing.

B. City Council. If this chapter requires a City Council hearing, the hearing will be scheduled for the next available regular City Council meeting unless the hearing is for an appeal, in which case the hearing will be scheduled at least 45 calendar days after the filing of an appeal.

C. Continued hearing. When necessary for proper evaluation of an application, the Planning Commission or City Council may continue a hearing to a later meeting date.

D. Voting. A City Council or Planning Commission decision must be made by a majority of the body. (See City Charter Section 2.07C and City Code Section 25.14.) (Ord. 743 N.S., 05/2018)

A. General. An approved conditional use permit, design review permit, accessory dwelling unit permit, SB 9 ministerial housing development, or variance lapses one year after its date of final approval, or at an alternative time specified as a condition of approval, unless one of the following has occurred:

1. A building permit has been issued, substantial money expended, and construction diligently pursued; or

2. A final inspection has been issued; or

3. The conditional use is established in reliance on the approval.

An applicant is not allowed to proceed with construction if the approval has expired.

B. Administrative extension. Except for permits where an extended alternative term of approval was provided through a condition of approval as provided in 17.64.020.A, the Director will grant one six-month extension for any permit or variance approval by the Planning Commission, City Council, or staff, upon written application by the property owner on a form provided by the Director, along with submission of the extension fee, prior to expiration of the original approval. The extension fee is the amount established by City Council resolution. (Ord. 774, 09/2024)

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C. Re-application. An application for re-approval of an expired, previous approval is subject to all the requirements of this code in effect on the date of the final decision on the re-application. (Ord. 743 N.S., 05/2018; Ord. 769 N.S., 10/2023)

A. General. In its review of an application, the reviewing body may impose reasonable conditions necessary to:

1. Achieve the general purposes of this chapter or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan and Piedmont Design Standards and Guidelines;

2. Protect the public health, safety, and general welfare; or

3. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

B. Guarantee. The Director, Planning Commission, or City Council may impose a condition of approval requiring a guarantee that specified conditions of approval will be met. The guarantee may be in the form of a bond, cash deposit, letter of credit or other guarantee. The city may also require that the applicant agree in writing to the city's right to complete or repair incomplete or incorrect work on the applicant's property, to recover the costs incurred from the applicant, and if unpaid, to impose a lien against the property for the costs. The costs may include staff time, contractor and consultant services, and legal services. If the conditions are not met, the City may use the guarantee to meet the conditions. The guarantee will be released upon a showing that all the specified conditions of approval have been met.

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