Item B: River Road/Santa Clara Annexation Policy

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Eugene Code 9.7850 Notice of Decision. (1) A notice of the planning commission's decision shan be mailed within 5 days of the decision to the applicant and persons 'who requested notice of the decision. (2) The notice shall: (a) Summarize the decision of the planning commiss'ion. (b) Explaln.the appeal rights. (Section .9.78501 see chart at front of Chapter 9 for/egis/ative history from 2/26101 through 6/1/02.) 9.7855 Effective Date. Unless appealed, the planning commission's decision to deny an annexation is final on the 11th day after notice of the decision is mailed. (Section 9K 7855, see chart at front of Chapter 9 for legislative history from 2/26/01 through 611/02.) 9.7860 -Appeal of PI ann in a C.ommission Decision to Denv.an Annexation..ADPllcation. (1) Application FUing. Within 10 days of the date the planning commission's decision to deny an annexation request is mailed, it may be appealed to the city council by the owner, applicant, or any person who submitted written or oral evidence or testimony for consideration in a timely manner during the planning commission evidentiary hearing who.is adversely affected by the decision. The appeal shall be made.by filing a statement of issues on appeal and other information on a form approved by the city manager. , The appeal shan be based on the record, shall state specifically how the planning commission falled to properly evaluate the proposed annexation or make a decision consistent with the criteria for approval, and shan be limited to the issues raised at the evidentiary hearing and set out in the filed statement of issues. City staff shaH provide the city council with the recordK (2) Public Hearing ,Schedule and Notice. Unless the applicant and appellant. agree. to a longer timeperiodf the city council shall hold a hearing toaUow oral argument on an appeal within 60-days of its receipt At least 10 days prior to the hearingt city staffshaU mail notice to the applicant, appellant, and persons who requested notice of the planning commission decision or city council hearing. (3) Decision. Unless the applicant and appellant agree to a longer time period, the city council shall make a decision within 15day.s of the close of the hearing. The city council may, by resolution, affirm, reverse, or modify the planning commission's decision. When a decision is reversed or modified, the city council shall make findings of fact, based on required criteria, .as to why the planning commission made an incorrect legal' interpretation. (4) Notice of Decision. (a) Within 5 days of the decision1 the city shall mall written notice of the decision to all of the following: 1. Applicant. 2. Appellant. 3. Any person who requested notice of the city council decision. (b) The notice shall: 1. Summarize the decision of the city council. 2. Explain the appeal rights. (Section 9. 7860, see chart at front of Chapter 9 for legislative history from 2/26/01 through 611/02K) 9-428 07/14/2006