§ 5.20.130. Encroachment permits.

Prior to commencing any work upon, above or below any street, highway, sidewalk, parkway, alley or other public right of way of any kind whatsoever within the city, a state franchise holder shall apply for and obtain an encroachment permit in accordance with the provisions of this chapter and Title 12 of the Code, and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Public Resources Code §§ 21000, et seq., the California Environmental Quality Act.

The director shall either approve or deny an application from a state franchise holder for an encroachment permit within 30 days of receiving a completed application.

An application for an encroachment permit is considered complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (CEQA) process. Any city denial of an application for an encroachment permit shall be in writing and shall contain a reasonably detailed explanation for the denial.

A state franchise holder that has been denied a permit or whose permit has been revoked may appeal the denial or revocation to the city council in accordance with Chapter 12.02.120, which procedures and terms shall govern the appeal.

( Ord. No. 966B, § 6, 5-8-2018 )