Division V. Administrative Provisions

Chapter 17.290
AUTHORITY

Sections:

17.290.010    City council.

17.290.020    Planning commission.

17.290.030    Staff.

17.290.010 City council.

(1) Authority and Responsibility. The state has delegated the responsibility for adopting land use plans and controls to the city council. The city has adopted this code pursuant to its responsibilities to secure the health, safety, and welfare of its citizens and also pursuant to its home rule authority. The city council may create a planning commission or other committees for the purpose of formulating and implementing such plans and controls.

In addition, the state has authorized the council to act upon applications for certain kinds of permits or to delegate its authority to act upon such applications.

When the council grants or denies such permits, either on original review or on appeal, the council acts as a quasi-judicial body and makes quasi-judicial decisions. The council is therefore subject to the rules of procedure and evidence which govern the making of such decisions.

(2) Powers and Duties. The city council has the following powers and duties in addition to any others it may now have, be given, or confer upon itself. The city council:

(a) May adopt, amend, supplement, or repeal plans and policies for the development of the community.

(b) May adopt, amend, supplement, or repeal the text of any provisions or regulations of this title or the boundaries of the districts established on the land development ordinance map.

(c) Shall review decisions of the planning commission and staff.

(d) Shall appoint the members of the planning commission.

(e) May attend and observe any session of the planning commission.

(f) May establish a reasonable schedule of fees with respect to matters under this code.

(g) May require or receive testimony from the planning commission or staff. [Ord. 93 § 5.1.1, 1987].

17.290.020 Planning commission.

(1) Creation and Purpose. A city planning commission for the city of Coos Bay, Oregon, has been created pursuant to ORS 227.020 and Chapter 2.35 CBMC.

(2) Membership.

(a) The city planning commission shall consist of seven members to be appointed by the city council.

(b) The term of office of members of the commission shall be four years. Any vacancy in office shall be filled by the city council for the unexpired portion of the vacant term.

(c) Upon expiration of a term or vacancy, the council shall solicit applications after publicly announcing the vacancy and shall hold a ballot vote. Any person receiving a majority vote shall be appointed to the planning commission. If no person receives a majority vote, the two receiving the most votes shall be voted upon again. The one receiving the majority vote shall be appointed to the planning commission.

(d) A member may be removed by the city council, after hearing, for misconduct or nonperformance of duty. A member who is absent from three consecutive meetings without excuse as approved by the planning commission is presumed to be in nonperformance of duty and the planning commission shall recommend to the council to declare the position vacant, unless finding otherwise.

(e) The planning commission may make and alter rules and regulations for its operation and procedures consistent with the laws of this state and with the City Charter and ordinances of the city of Coos Bay, subject to review and approval of city council. Membership shall comply with state statute.

(3) Presiding Members. At its first meeting of each calendar year, the commission shall elect a chairman and vice-chairman who shall have voting member status. When the chairman is absent, the vice-chairman shall be presiding officer. The term of office shall be one year with eligibility for re-election.

(4) No Compensation. Members of the city planning commission shall receive no compensation but shall be reimbursed for duly authorized expenses. The city planning commission shall keep an accurate record of all expenses of the commission.

(5) Quorum. A majority of the members of the planning commission shall constitute a quorum. If a quorum cannot be obtained because of a conflict of interest, the quorum requirement shall be reduced to three for that issue only. If a quorum of three cannot be achieved by the next planning commission meeting, the issue will be remanded to the city council.

(6) Meetings. The city planning commission shall meet at least once a month. Meetings at other than regularly scheduled times may be announced at a prior meeting and thereby made a part of the record. The chairman, upon his motion, or upon the request of three members of the commission, shall call a previously unannounced special meeting of the commission for a time not earlier than 24 hours after the notice is given. Notice of a previously unannounced meeting shall be given to members of the commission, be delivered to the news media, posted at City Hall, and, to the extent feasible, provided to interested persons at least 24 hours prior to the meeting.

(7) Powers and Duties. The commission shall have the powers and duties which are now or may hereafter be assigned to it by Charter, ordinances, or resolutions of the city and general laws of the state.

(8) The planning commission shall function primarily as a comprehensive planning body proposing policy and legislation to the city council related to the coordination of the growth and development of the community. The functions of the planning commission shall include, but not be limited to, the following:

(a) Review the comprehensive plan and make recommendations to the city council concerning plan amendments which it has determined are necessary based on further study or changed concepts, circumstances, or conditions.

(b) Formulate and recommend legislation to implement the comprehensive plan.

(c) Review and recommend detailed plans including functional plans which relate to public facilities and services, and small area plans which relate to specific areas of the community to implement the comprehensive plan.

(d) Review and make recommendations concerning any proposed annexation.

(e) Conduct hearings, prepare findings of fact, and take such actions concerning specific land development proposals as required by this title.

(f) Advance cooperative and harmonious relationships with other planning commissions, public and semi-public agencies and officials, and civic and private organizations to encourage the coordination of public and private planning and development activities affecting the city and its environs.

(g) Study and propose, in general, such measures regarding land use as may be advisable for promotion of the public interest, health, safety, comfort, convenience, and welfare.

(h) Make and file with the city council minutes of all transactions of the commission.

(i) Assist in the development planning of funding applications for public projects. [Ord. 93 § 5.1.2, 1987].

17.290.030 Staff.

(1) Powers and Duties. The public works and development director provides professional planning assistance to the general citizens, city council, planning commission, and city manager; and is hereby authorized to interpret the provisions of this chapter and to perform such other duties in the administration of the land development ordinance as are required. Such powers and duties may be accomplished by person(s) as designated by the public works and development director.

(2) Participation by Interested Officers or Employees. No officer or employee of the city who has a financial interest in a proposal shall participate in discussions with or give an official opinion to the hearing body without first declaring for the record the nature and extent of such interest. [Ord. 93 § 5.1.3, 1987].