14.48.045 Encroachment permit.
A. Any state franchise holder shall apply for an encroachment permit to install, construct or maintain a network pursuant to Section 13.04.120 or 13.12.120 as determined by the superintendent of streets. In addition to the procedures set forth in Section 13.04.120 or 13.12.120, the following shall apply to any state franchise holder applying for an encroachment permit:
1. Any encroachment permit application submitted by any state franchise holder shall be approved or denied within sixty days of receipt by the city of a completed application. An application for an encroachment permit is complete when the state franchise holder has complied with all statutory requirements, including requirements of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), pursuant to California Public Utilities Code Section 5885.
2. The sixty-day time period for approval or denial of an encroachment permit application may be extended if mutually agreed to in a written agreement between the state franchise holder and the city.
3. Any denial of an encroachment permit application submitted to any state franchise holder by the city shall be written and shall include a detailed explanation of the reason for the denial.
4. Any state franchise holder may appeal a denial of an encroachment permit application to the city council pursuant to Section 13.04.160.
B. In the event that any part of this section conflicts in any way with Chapters 13.04, 13.12, and 13.14, this section shall apply.
(Ord. 2311 NCS §2 (part), 2008.)