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Bylaw No. 4772
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THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4772
A Bylaw to Establish the
Oak Bay Advisory Planning Commission - Design Panel
CONSOLIDATED FOR CONVENIENCE TO FEBRUARY 14, 2022
(**amended by Bylaw No. 4772.001)
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
enacts as follows:
1
ESTABLISHMENT
1.1 A commission to be known as the Oak Bay Advisory Planning Commission - Design
Panel (the "Commission") is hereby established.
2
DEFINITIONS
2.1 In this Bylaw, the following words shall have the following meanings:
Commission
means the Advisory Planning Commission - Design
Panel established by this Bylaw
Council
means the Municipal Council of the Corporation of the
District of Oak Bay
Council Liaison
means a Member of Council appointed by the Mayor as
a Council Liaison to the Commission
Member
means a person appointed as a volunteer to the
Advisory Planning Commission - Design Panel
Official Community Plan
means the District of Oak Bay Official Community Plan,
as amended or replaced from time to time
Staff Liaison
means the staff person(s) designated by the Chief
Administrative Officer to support the Commission
Zoning Bylaw
means The Corporation of the District of Oak Bay
Zoning Bylaw as amended or replaced from time to time
3
MANDATE OF THE COMMISSION
3.1 The mandate of the Advisory Planning Commission - Design Panel is to provide
professional and community advice to assist Council and Staff in evaluating the
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design merits of select development applications, as well as any other matters
referred by Council, including consideration of draft design guidelines or policies to
ensure that the form and character of future development is of a high quality and
meets the needs of the community.
3.2 The specific duties of the Commission are:
a) To evaluate and make recommendations on the design merits of the following
types of development applications:
i. Uplands Siting and Design applications, relative to the Uplands Design
Guidelines (associated with the Uplands Regulations Bylaw, 1987 and the
Oak Bay Special Powers Act, 1935) and any applicable policies outlined in
the Official Community Plan; and,
ii. select development applications, relative to the applicable registered
design covenants or Development Permit Area guidelines in the Official
Community Plan.
b) To provide input via staff, upon referral from Council, in establishing design
guidelines or related policies to ensure that the form and character of future
developments are of a high quality and meet the needs of the community.
3.3 The Commission is further authorized to review and make recommendations on the
Allan Cassidy Recognition of Renovation and Building Achievement Awards,
recognizing projects that have demonstrated innovation and high standards in urban
and landscape designs.
4
MEMBERSHIP OF THE COMMISSION
4.1 The Commission shall be comprised of up to five (5) volunteer members.
4.2 The District shall strive to achieve expertise through the following Commission
membership:
a) Two registered architects of the Architectural Institute of BC
b) Three members with professional experience in at least two or three of the
following areas: architecture, design, engineering, and landscape design.
4.3 In accordance with the Local Government Act, at least two-thirds of the membership
shall be residents of the District of Oak Bay.
4.4 The Mayor shall appoint one (1) member of Council as a non-voting Council Liaison.
5
APPOINTMENT PROCESS AND TERMS OF COMMISSION MEMBERSHIP
5.1 Members of the Commission shall be appointed by Council.
5.2 Members will be appointed for staggered terms of one (1) to two (2) years.
(**Bylaw No. 4770.001, adopted February 14, 2022)
5.3 Members of the Commission shall be appointed for a maximum continuous tenure of
three (3) terms, or six (6) consecutive years, except as otherwise specified in the
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Committee and Commission Policy for terms beginning in 2021.
a) Members of the Commission who wish to continue to serve on the Commission
must seek re-appointment by Council at the end of each term.
5.4 Members who have served the maximum tenure permitted are subject to a
mandatory one-term (2 year) absence from the Commission prior to seeking re-
appointment for any subsequent term, unless Council deems their reappointment to
be necessary for expertise and continuity purposes.
5.5 An appointment to the Commission may be rescinded at any time by Council.
5.6 If Council, by resolution, fills a vacancy arising from a cause other than the expiration
of the term for which the departing member was appointed, such appointment shall
be for the unexpired portion of the departed member's term.
5.7 A member who fails to attend three successive meetings of the Commission, except
due to illness or with leave of Council, shall be deemed to have resigned their
membership.
6
COMMISSION MEETING PROCEDURES
6.1 The provisions of the current Council Procedure Bylaw and Committee and
Commission Policy will govern the meetings of the Commission.
6.2 The Commission shall elect the Chair and Vice-Chair annually at the first meeting of
each calendar year from amongst its members. A motion to appoint a member to the
position of Chair or Vice-Chair shall be in order only with the consent of the nominee.
6.3 As per the Committee and Commission Policy, Chairs elected or appointed by the
Commission will serve a maximum two-year term. Council may consider any
extenuating circumstances and extend the appointment of a Commission Chair as it
deems necessary.
6.4 Regular meetings shall generally take place on a monthly basis if there are referrals
to consider. As per the Council Procedure Bylaw and the Committee and
Commission Policy, there will be no Commission meetings in August. Further, during
a local government election year, there will be no meeting held in the month of the
municipal election.
6.5 Subject to the provisions outlined in Section 6.4, the Chair may cancel a regular
meeting or schedule a special meeting in consultation with the Staff Liaison, and with
the approval of the Chief Administrative Officer.
6.6 Unless a meeting or part of a meeting is authorized to be closed to the public in
accordance with the provisions of the Community Charter, all Commission meetings
shall be open to the public.
6.7 Quorum for the Commission shall be a simple majority of appointed volunteer
members.
6.8 Provided a quorum is present, all decisions of the Commission shall be reached by
consensus or a majority vote of the members present, including the vote of the Chair,
with the motion being defeated in the event of a tie vote.
6.9 A member of the Commission who has a direct or indirect pecuniary interest, or
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another interest in the matter that constitutes a conflict of interest in a matter before
the Commission, distinct from that possessed in common with the public generally,
shall:
a) In open session declare such interest;
b) Refrain from participating in any discussion or voting on the matter; and
c) Leave the meeting room for the duration of discussion or voting on the matter.
6.10 Commission meetings shall be adjourned no later than two (2) hours from the
scheduled start time of the meeting. If business cannot be completed within two (2)
hours, the Chair or Council Liaison may request a special meeting through the
Corporate Officer or Chief Administrative Officer, for the sole purpose of completing
the unfinished business.
7
APPLICATION REVIEW PROCESS
7.1 Individual development applications referred to the Commission for review must be
considered in open session.
7.2 Individual applications referred to the Commission for review must be considered in open
session.
7.2 The design review process shall be as follows:
a) Staff will undertake an initial review of the application and prepare a report for
the Commission. A copy of the application and staff report will be included in the
Commission's agenda package.
b) At the Commission meeting, the Staff Liaison will introduce the application to the
Commission members and the applicant and / or representative shall be given
the opportunity to address the Commission, following which the Commission
members will have an opportunity to address questions to the applicant and
staff.
c) The Commission will review the design merits of the application as follows:
i.
Uplands Siting and Design applications, relative to the Uplands Design
Guidelines (associated with the Uplands Regulations Bylaw, 1987 and the
Oak Bay Special Powers Act, 1935) and any applicable policies outlined in
the Official Community Plan; and,
ii.
select development applications, relative to the applicable registered
design covenants or Development Permit Area guidelines in the Official
Community Plan.
d) The Commission will then vote on the application by recommending, in the form
of a resolution, one of the following:
i.
approval of the application;
ii.
approval of the application with design considerations; or,
iii.
denial of the application.
e) If the Commission recommends approval of the application with design
considerations, the resolution must include and specify the conditions
accordingly.
f) Following the Commission meeting, staff will review the Commission discussion
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and recommendation with the applicant. If the Commission recommended
approval with design considerations, the applicant will have the opportunity to
amend the application before it proceeds to Council.
g) Staff will prepare a report for Council, which will include the Commission
recommendation and any subsequent amendments by the applicant to satisfy
any considerations. In addition, a copy of the relevant meeting minute excerpt,
draft or adopted, will also be attached.
h) The outcome of Council's decision will be reported back to the Commission
through the Council Liaison.
8
REPORTING TO COUNCIL
8.1
As set out above in Section 7, Commission recommendations related to individual
applications will be conveyed to Council through the established development review
process, and generally contained in staff reports to Council.
8.2
Commission advice and recommendations related to any other matter referred by
Council shall be by way of a report to Council, with the assistance of the Staff Liaison,
in the form prescribed by the Corporate Officer, as may be amended from time to time.
Council decisions will be reported back to the Commission by the Corporate Officer via
memorandum.
9
AGENDAS AND MINUTES
9.1
Commission meeting agendas and minutes must be prepared, distributed, posted
and filed in accordance with the current Council Procedure Bylaw, the Committee
and Commission Policy, and all related corporate administrative guidelines.
10
REMUNERATION AND BUDGET
10.1
Members of the Commission shall serve without remuneration; however, they may
be reimbursed for expenses incurred while engaged in Commission duties.
Pursuant to the Committee and Commission Policy, these expenses must be pre-
approved by the Chief Administrative Officer or Director of Financial Services, as
appropriate.
10.2
Council shall establish an annual budget and provide funds for the operation of the
Commission, including attending land use planning or design related conferences
or workshops, advertising and administrative supplies.
10.3
Expenditures from the annual budget approved by Council, shall be approved by
the Director of Building and Planning or by the Director of Financial Services.
11
STAFF SUPPORT FOR THE COMMISSION
11.1
Staff support for the Commission will be provided by one Staff Liaison from the
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Building and Planning Department and one Recorder. The roles and
responsibilities of the Staff Liaison and Recorder are outlined in the Committee
and Commission Policy.
11.2
The Building and Planning Department is the primary contact for the Commission
and will provide the required professional and administrative support.
12
CITATION
13.1
This Bylaw may be cited as the Advisory Planning Commission - Design Panel
Bylaw No. 4772, 2020.
READ a first, second and third time by the Municipal Council on December 7, 2020
ADOPTED AND FINALLY PASSED by the Municipal Council on December 14, 2020
Mayor
Corporate Officer
Sealed with the Seal of The Corporation of the
District of Oak Bay.