2.3.002 Creation of Planning Commission; Residency.

a.    Planning Commission. A Planning Commission is established to consist of five members appointed by the City Council in the manner prescribed in subsection (b) of this section.

b.    Method of Selection. Members shall be appointed to the Planning Commission on an at-large basis by the City Council. Members of the Planning Commission shall be residents of the City.

c.    Applications for Planning Commission shall be made available and the closing date announced at least two months prior to the expiration of the Commissioner’s term to be filled.

d.    All members of the Commission shall be residents of the City of Oakley. Proof of residency shall be submitted at time of application to the Commission through a California driver’s license, voter registration, or utility bill identifying residence at a physical address within the City boundaries. Residency shall be confirmed prior to appointment and maintained throughout the term served.

e.    No person serving as an appointed or elected member of any local or regional governmental agency that includes any portion of Oakley City limits within its jurisdictional territory shall serve as a member of the Planning Commission.

f.    Prior to taking office, a member of the Planning Commission shall have completed public ethics training required by California statute (2005 AB 1234). Under direction of the City Attorney, each member of the Planning Commission shall also complete at least three hours of Planning Commissioner training and training regarding the Ralph M. Brown Act prior to assuming office.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.004 Term of Office.

a.    Planning Commissioners shall serve four-year terms on a staggered basis, with appointment to be made by the City Council.

b.    No Planning Commissioners shall serve more than two consecutive terms, but following a break in service of at least four years, may again serve as a Planning Commissioner.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.006 Removal or Vacancy.

Planning Commissioners serve at the pleasure of the City Council and may be terminated at any time by a majority vote of the entire City Council.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.008 Absence from Meeting.

A member who fails to attend two consecutive regular meetings without excuse of the Commission or six meetings within a twelve (12) month period, whether the six meetings are excused or not, will be deemed to have resigned their office and the City Council shall appoint a new member to serve in the resigned Commissioner’s place for the remainder of their term. To be excused from any such meeting of the Commission, a member shall make an application in writing or in person to the City Clerk, or her designee, at least forty-eight (48) hours prior to any such meeting. If a Commissioner is unable to attend due to illness or injury, a statement by the member at the next regular meeting of the Commission shall constitute an excused absence.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.010 Time and Place of Regular Meetings.

a.    The regular meeting days for the Planning Commission of the City of Oakley shall be the first and third Tuesdays of each month; provided, that if a regular meeting date is a legal holiday, the meeting may be held on the following business day. The Planning Commission shall, to the extent practical, meet only once per month and should endeavor to schedule and complete all business items in the first meeting of the month. The Planning Commission should meet on the second meeting of the month only when special circumstances, the number of business items coming before it, the time needed for consideration of specific business items, or continuances from the first meeting of the month necessitate meeting on the second meeting date of the month.

b.    The regular meeting time of the Planning Commission of the City of Oakley shall be 6:30 p.m.

c.    The regular meeting place of the Planning Commission of the City of Oakley shall be in the Oakley City Council Chambers, located at 3231 Main Street, Oakley, California.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.012 No Compensation.

Members of the Planning Commission do not receive compensation for attendance at Commission meetings, but are entitled to reimbursement for expenses incurred in the course of their duties upon approval by the City Council.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.014 Election of Chair, Vice-Chair; Term.

At the first regular meeting following the appointment of new Commissioners of each calendar year, the Planning Commission shall select a Chairperson and a Vice-Chairperson from among the Planning Commission members. The Chairman and Vice-Chairman shall serve for a two-year term. Both positions shall rotate every two years.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.016 Adoption of Rules.

The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.018 Quorum.

Three members of the Commission constitute a quorum for the transaction of business.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.020 Powers and Duties of the Commission.

a.    Exercise all powers and duties prescribed by law, including consideration of matters referred to it by the Zoning Administrator, except those powers and duties specifically reserved or delegated to other divisions of the planning agency;

b.    Be the deciding body for parcel map applications (i.e., fewer than five lots) and the advisory body for all other matters as designated in the Subdivision Title of this Code for the purpose of actions involving subdivisions;

c.    Hear and decide all applications or requests for special or conditional use permits;

d.    Hear and decide applications for design review when Planning Commission review is required under Section 9.1.1604;

e.    Hear and make recommendations regarding proposed development agreements, zone changes, zoning text amendments, adoption or amendments to specific plans or the General Plan, and other legislative land-use matters; and

f.    Periodically review the capital improvement program of the City.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.022 California Environmental Quality Act.

The Planning Commission shall approve, adopt, or certify the environmental document, to the extent required under the California Environmental Quality Act (CEQA), for any matters for which the commission is the deciding body as provided in Section 2.3.020. For matters in which the Planning Commission acts as a recommending body, it shall make recommendations concerning any CEQA documents in conjunction with its recommendations concerning the merits of the proposed actions.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)

2.3.024 City Council Right to Call Up Matter.

Except when a Planning Commission recommendation or action is required by law, the City Council may, upon the request of at least two of its members, direct that any matter before, or that could within a reasonable time come before, the Planning Commission be considered exclusively by the City Council. To be effective, such a request must be approved by at least two City Council members at a regular City Council meeting in which the request is clearly identified on the meeting agenda in accordance with the requirements of the Ralph M. Brown Act.

(Sec. 1, Ordinance No. 06-21, adopted July 13, 2021)