Item 5: Ordinance Concerning the Transition of Annexation Procedures

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ATTACHMENT A 12/10/07 – V-7 Resolution 4358 adopted 1/93 (10/31/07 Council packet, page 39). Council could add to this section more of the detail contained in Resolution 4358, such as Council’s policy to refrain from such an add-on if it would create an island in the River Road/Santa Clara area. However, the Council can continue to follow such policy without adding it to the ordinance.] 9.7820 Annexation – Procedures. (1) For an application submitted pursuant to EC 9.7810(2): (a) No public hearing is required. (b) The planning director shall forward to the city council a written recommendation based on the approval criteria in EC 9.7825 that the application be approved, modified and approved, or denied. In addition, the planning director may recommend that the council defer action on the matter until after the council holds a public hearing. (c) At least 10 days prior to the date the council considers the planning director’s recommendation, notice of the application that contains the street address or other easily understood geographical reference to the property, the planning director’s recommendation, and the date and time the council will consider the recommendation shall be mailed to: 1. The applicant; 2. Owners and occupants of properties located within 100 feet of the perimeter of the subject property; and 3. The neighborhood group or community organization officially recognized by the city council that includes the area of the subject property. (d) The city council may: 1. Adopt a resolution approving, modifying and approving, or denying the application for annexation; or 2. Vote to defer action on such a resolution until after it holds a public hearing on the proposed annexation. (e) When the city council elects to hold a public hearing, the procedures that apply are those in (2)(d) below. (2) For an application submitted pursuant to EC 9.7810(3), or an application described in EC 9.7820(1)(c), above: (a) A public hearing is required. (b) The city council shall set a date, time and place for it to conduct a hearing to consider the application. (c) The planning director shall forward to the city council a written recommendation based on the approval criteria in EC 9.7825 that the application be approved, modified and approved, or denied. (d) Notice of the public hearing shall be: 1. Mailed at least 14 days prior to the public hearing to those listed in subsection (1)(c) above; 2. Published in a local newspaper with general circulation once each week for two successive weeks prior to the hearing date; and 3. Posted in four public places in the city for two successive weeks prior to the hearing date. One of the postings shall be Ordinance - 6