a. Prior to commencing any work for which a permit is required by section 8-5 of this Municipal Code, a State franchise holder shall apply for and obtain a permit in accordance with the provisions of section 8-5. A permit application is complete when the State franchise holder has complied with all applicable laws and regulations, including but not limited to all City administrative rules and regulations, and all applicable requirements of Division 13 of the California Public Resources Code, section 21000, and following, (the California Environmental Quality Act) and preparation of plans and specifications as required by the City Engineer.
b. The City Engineer shall, in the exercise of reasonable discretion as permitted by State law, either approve or deny a State franchise holder’s application for any permit required under Section 8-5 within sixty (60) days of receiving a complete permit application from the State franchise holder.
c. If the City Engineer denies a State franchise holder’s application for a permit, the City Engineer shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial.
d. A State franchise holder that has been denied a permit by final decision of the City Engineer may appeal to the City Council with the time frame set forth and consistent with the provisions contained in subsection 18-1.4.410d. of this Municipal Code. The City Engineer shall transmit to the Council all maps, diagrams, records, papers, and files that constitute the record in the action from which the appeal was taken.
e. The issuance of a permit under Section 8-5 of this Municipal Code is not a franchise, and does not grant any vested rights in any location in the public rights-of-way, or in any particular manner of placement within the rights-of-way. A permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place facilities underground, upon reasonable notice to the permittee. (Ord. #2013-163, § 14)