Chapter 1 — PLANNING COMMISSION

Editor's note: Sections 10-1.01 through 10-1.06, added by Ord. No. 124, amended by Ord. Nos. 124A, 168, 242, 377, 479, 532 and 579, amended in their entirety by Ord. No. 584, effective June 26, 1980.

• (a) There is hereby established in the City a Planning Commission consisting of five members.

• (b) Commissioners shall be nominated and appointed through the following process:

  • (1) A nominating committee comprised of the following three members shall nominate each Commissioner for confirmation by the City Council: the Mayor; a rotating City Council member, as determined by the City Clerk; and the Commission Chair, or the Vice-Chair if the Chair's office is under consideration within two months of the nomination.

  • (2) If any member of the nominating committee affirmatively declines to participate in the nomination process, then their seat shall be forfeit and the next person, as appropriate and as determined by the City Clerk, shall participate on the nominating committee instead: the next rotating Council Member, as determined by the City Clerk; the Chair, Vice-Chair, or Commission member; or the Mayor Pro Tem for the Mayor.

  • (3) The nominating committee shall interview each applicant under consideration together, virtually or in person, before selecting a nominee for City Council confirmation.

  • (4) The nominating committee must unanimously decide each nominee for confirmation by a majority vote of all members of the City Council. No nominee shall be submitted to the City Council for confirmation without unanimous support of the nominating committee.

  • (5) If a nominee fails to garner a majority vote of the full City Council, then the applicable nominating committee shall meet again to consider and propose a new nominee for confirmation by the City Council in accordance with the process in this section. This process shall repeat until a nominee is confirmed by a majority vote of the full City Council.

• (c) All Commission appointments are non-political appointments. At least two members shall be chosen from persons having distinctly separate training and experience from the fields of architecture, art, building construction, civil engineering, land use planning, land use law, urban planning, or landscape design. While it is preferred that all members of the Commission have primary residence and be domiciled within the City, a maximum of two members of the Commission may have primary residence and be domiciled outside the City, if determined necessary by the City Council to appoint Commissioners with specialized expertise. All members must live within the Ojai Area of Interest, as defined by the Ventura County Local Agency Formation Commission.

(d) Three members of the Commission shall constitute a quorum, without regard to residency. (§ 1, Ord. 584, eff. June 26, 1980, as amended by § 1, Ord. 785, eff. November 25, 2005, § 1, Ord. 894, eff. April 25, 2019, and § 1, Ord. 946, eff. December 28, 2023; Ord. 953, eff. 7/11/2024)

§ 10-1.02. Terms.

• (a) Except as otherwise provided in this section, the members of the Planning Commission shall be appointed for terms of four years, expiring at the first regular City Council meeting in May, as provided below. Members shall hold office upon the expiration of their terms until their successors have been nominated and confirmed.

• (b) If a mid-term vacancy occurs, the nominating committee may nominate their replacement to fill the remainder of the original term in accordance with the process in Section 10-1.01(b) and which must be confirmed by a majority of the full Council. Where feasible, the members of the nominating committee used to nominate the member whose seat is vacated shall be used to nominate their replacement. Where members of such nominating committee are no longer in office or otherwise unavailable to serve on the nominating committee to fill the vacant seat, the seat shall be filled by the following, as appropriate: the next rotating Councilmember, as determined by the City Clerk; the Mayor Pro Tem if the Mayor is unable to serve on the nominating committee; or the sitting Chair, or the Vice-Chair if the Chair's office is under consideration within two months of the nomination. A person who has been appointed to fill a mid-term vacancy shall hold office for the remainder of the unexpired term.

• (c) A Commissioner may be removed from office by the following process: two City Councilmembers must advise the City Manager of their intent to place an item on an upcoming City Council agenda to consider the removal of a Commissioner. The City Manager must then contact the Commissioner to advise him/her of that notification, and to provide the Commissioner with at least seven days' advance notice of any agendized City Council discussion regarding the possible Commissioner removal. The Commissioner may choose to resign or object to the proposed action. Commissioners serve "at will" and may be removed for any reason. The Commissioner shall be given an opportunity to speak to the full City Council at the agendized public meeting if they wish to do so, before consideration of their removal. After completing this process, any Commissioner may be removed by majority City Council vote at a regular City Council meeting.

(§ 1, Ord. 584, eff. June 26, 1980, as amended by § 1, Ord. 619, eff. April 26, 1984, § 2, Ord. 785, eff. November 25, 2005, § 3, Ord. 843, eff. August 22, 2014, § 2, Ord. 894, eff. April 25, 2019, and § 2, Ord. 946, eff. December 28, 2023;Ord. 953, eff. 7/11/2024)

The Planning Commission shall elect its chair and vice-chair from among its members and shall appoint a secretary who need not be a member of the Commission. Such officers shall be chosen for a period of one year. In the absence or disability of either the chair, vice-chair, or secretary, the Commission may designate a chair or secretary pro tempore. Meetings of the Commission shall be held at least once a month at such times and places as the Commission may fix by resolution. The Commission may hold special meetings in the manner provided by law. Minutes shall be kept of all meetings and copies thereof shall be delivered by the secretary of the Commission to the City Clerk for inclusion in the Council agenda and packet within 10 days after the approval thereof. No member of the Commission shall receive compensation for his or her services as a member, but the Council shall fix the amount of compensation, if any, to be paid to the secretary. (§ 1, Ord. 584, eff. June 26, 1980, as amended by § 3, Ord. 785, eff. November 25, 2005)

The Planning Commission shall have the following powers and duties:

• (a) To act in an advisory capacity in all matters pertaining to the development and modification of streets, parks, and public or private structures and buildings, housing, schools, grounds, vacant lots, and all other matters pertaining to the General Plan of the City, and to recommend to the Council plans for future growth, development, and beautification of the City;

• (b) To advise and recommend to the Council plans for securing to the City and its inhabitants proper service of all public utilities, proper sanitation, and transportation facilities;

• (c) To recommend to the Council approval, conditional approval, or disapproval of tentative maps of proposed subdivisions of land. The Council designates the Planning Commission as its advisory agency with respect to the design and improvement of proposed subdivisions. Every such map or plat shall, prior to its final approval or disapproval by the Council, be submitted to the Commission for action thereon;

• (d) To do all things necessary, by majority vote, to carry out the provisions of Title 10 (including Conditional Use Permit requests, Variances, Concept Reviews, Design Review Permit requests, and Tree Permits), other applicable provisions of this Code, and the provisions of the CA Conservation and Planning Act (California Government Code Section 65006 et seq.), as amended from time to time;

• (e) To perform such other duties and functions as may be delegated by the Council. (§ 1, Ord. 584, eff. June 26, 1980, as amended by § 4, Ord. 785, eff. November 25, 2005, and § 2, Ord. 941, eff. November 10, 2023)

The Planning Commission shall not incur any expense for the preparation of maps and/or plats or for any other purpose, but shall file its recommendations and requests in such matters with the Council, which shall incur in the name of the City in the manner provided by law such indebtedness as the Council shall deem proper in the premises and as authorized in the annual budget.

(§ 1, Ord. 584, eff. June 26, 1980, as amended by § 5, Ord. 785, eff. November 25, 2005, and § 3, Ord. 941, eff. November 10, 2023)