Chapter 18.04
PLANNING COMMISSION
Sections:
18.04.030 Membership – Appointments, attendance, vacancies, and officers.
18.04.050 Conflict of interest.
18.04.060 Referrals and recommendations.
18.04.070 Judicial review of amendments to comprehensive plans.
18.04.010 Creation.
There is hereby created a planning commission (“planning commission”) to serve as an advisory body to the mayor and Oak Harbor city council and shall operate hereafter pursuant to authority granted under Chapter 35A.63 RCW. (Ord. 1990 § 2, 2023).
18.04.020 Powers and duties.
The planning commission shall perform each and all of the duties specified by Chapter 35A.63 RCW, together with any other duties specified by the city council or state law. The exercise of such authority under law is subject to all of the limitations expressed in such legislative enactment or enactments. The planning commission is charged with the following functions:
(1) To keep current a comprehensive plan for the city of Oak Harbor which has been adopted by the city council as an official guide to the public and private uses of land.
(2) To prepare city legislation that will implement the purposes of the comprehensive plan.
(3) To review the capital improvement programs each year for consistency with the general plan.
(4) To recommend to the city council plans for regulation of the future growth, development, and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds, vacant lots, and plans consistent with future growth and development of the city in order to secure to the city and its inhabitants sanitation, proper service of all public utilities and transportation facilities.
(5) To recommend to the city council plans for promotion, development, and regulation of industrial and economic needs of the community in respect to private and public enterprises engaged in industrial pursuits.
(6) To encourage industrial settlement within the municipality.
(7) To study needs of existing local industries with a view to strengthening and developing local industries and stabilizing employment conditions.
(8) To do and perform all other acts necessary or proper to carry out the provisions of the 1935 Planning Enabling Act as amended.
(9) To study and propose in general such measures as may be advisable for the promotion of the public interest, health, morals, safety, comfort, convenience, and welfare of the city and of the area within the comprehensive land use map for the city of Oak Harbor. (Ord. 1990 § 2, 2023).
18.04.030 Membership – Appointments, attendance, vacancies, and officers.
The planning commission shall follow the membership requirements in Chapter 2.65 OHMC. The following items are specific to the planning commission:
(1) Appointments. In appointing members and filling vacancies, the mayor and council should endeavor to obtain a diverse cross-section and appoint members having an interest in the public and private uses of land.
(a) Planning commission members shall be appointed, and terms of office shall be as provided in Chapter 2.65 OHMC.
(b) The planning commission consists of seven members appointed by the mayor and confirmed by the city council.
(c) There may be one ex officio councilmember and/or subject matter expert appointed to the planning commission. This will be a nonvoting position and their attendance does not count towards a quorum.
(d) There shall be one student representative from the local high school. This will be a nonvoting position and does not count towards a quorum.
(e) The mayor, or designee, shall appoint a primary staff liaison, staff support, and a recording secretary to this commission. (Ord. 1990 § 2, 2023).
18.04.040 Meetings.
(1) Meeting Schedule. In January of each year, the Oak Harbor planning commission shall establish its meeting schedule and set the time and location for each meeting. Any changes must be added to a meeting agenda and approved by a majority of planning commission members. Special meetings of the planning commission may be called at any time by the chairperson or by a quorum of the members of the planning commission upon personal notice being given to all members of the planning commission. If personal notice cannot be given, written notice must be received by such members at least 24 hours prior to said meeting.
(2) Meeting Agenda – Notice. The planning commission agenda and meeting notice shall be sent to planning commission members and posted as required 24 hours prior to said meeting.
(3) Quorum. A quorum for the transaction of official business shall consist of a majority of the appointed members of the planning commission. If a quorum is not present within 15 minutes of the meeting time, the chairperson needs to call the meeting to order, indicate there is no quorum, and close the meeting. Ex officio members and student representatives are nonvoting and do not count towards a quorum. (Ord. 1990 § 2, 2023).
18.04.050 Conflict of interest.
Planning commission members shall recuse themselves from discussing and voting on contracts in which that member or a member of that person’s immediate family has a direct or remote financial interest. The definitions of contracts, financial interests, remote interests, and direct interests are set forth in RCW 42.23.020 and 42.23.030 and commissioners are encouraged to contact the city attorney in advance of the deliberation or vote on a contract in which the commissioner may have a financial interest for a recommendation regarding how to proceed. (Ord. 1990 § 2, 2023).
18.04.060 Referrals and recommendations.
The city council may refer to the planning commission, for its recommendation and report, any ordinance, resolution, or other proposal relating to any of the matters and subjects referred to in Chapter 35A.63 RCW, and the planning commission shall promptly report to the council thereon, making such recommendations and giving such counsel as it may deem proper. (Ord. 1990 § 2, 2023).
18.04.070 Judicial review of amendments to comprehensive plans.
Amendments to the comprehensive plan are final unless a declaratory judgment or writ of review, mandamus, or prohibition is filed in a court of competent jurisdiction within 21 days of the date of city council action approving or disapproving the proposed amendments. Nothing in this section shall be construed as permitting an appeal or review unless otherwise authorized under state law or either the Constitution of the state of Washington or the United States. (Ord. 1990 § 2, 2023).