(a)   Application for Permit.  An application for a street opening permit shall be in accordance with Chapter 1020, including any additional requirements contained in this chapter.
   (b)   Permit Requirements.  The requirements in this chapter shall be in addition to any requirement set forth in Chapter 1020 et seq.
      (1)   A utility service provider must have a valid certificate of registration on file with the City, or be exempt under Section 1030.02(f), before the City may issue a street opening permit.
      (2)   When practical, in the opinion of the City, the policy of the City is to require the underground location of a new utility system element in the public right-of-way to the extent permitted by law.
      (3)   The construction, demolition, or removal of any element of a utility system in a public right-of-way by a utility service provider must be accomplished in a practical manner which, in the opinion of the City, results in the least potential amount of damage and disruption of the public right-of-way.
      (4)   The permit applicant shall provide a specific timetable for the work covered under the permit application to be accomplished, including: detailed plans, dimensional drawings, and specifications in sufficient detail acceptable to the City to describe the area of work covered in the permit application. In addition, the City may require the applicant to provide up-to-date, accurate plans of the existing and proposed Utility system. These plans are intended to allow the City to consider the broader context of the utility service provider's plans upon which the permit application is based.
      (5)   An application fee as specified in Section 1020.01 and 1022.08 shall be paid to the City for each permit requested. No part of the application fee is returnable to the applicant. These fees are the costs incurred by the City in inspecting and reviewing plans and specifications and in administering the associated permit.
   (c)   Limitations on Placement of Utility System Elements and/or Permissive Denial of Permit.
      (1)   To protect the public health, safety, and welfare in recognition of the limitation of space in the public right-of-way, the City Manager shall have the power to prohibit or limit the placement of a new utility system or additional elements of an existing utility system within a public right-of-way if there is insufficient space to accommodate all of the requests of persons to occupy and use the public right-of-way. In making such decisions, the City Manager shall strive to the extent possible to accommodate all existing and potential users of the public right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the public right-of-way, the time of year with respect to essential utilities, the protection of existing elements of utility systems in the public right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest.
      (2)   The City Manager may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the public right-of-way, or when necessary to protect the public right- of-way and its users. The City Manager, in his or her discretion, may consider one of more of the following factors: the extent to which public right-of-way space where the permit is sought is available; the competing demands for the particular space in the right-of-way; the availability of other locations in the public right-of-way or in other public rights-of-way for the utility system elements of the permit applicant; the applicability of ordinance or other regulations of the right-of-way that affect location of utility system elements in the right-of-way; the degree of compliance of the applicant with the terms and conditions of its franchise, this chapter, and other applicable ordinances and regulations; the degree of disruption to surrounding communities and businesses that will result from the use of that part of the public right-of-way; the condition and age of the public right-of-way, and whether and when it is scheduled for total or partial reconstruction; the balancing of the costs of disruption to the public and damage to the public right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the public right-of-way; and the feasibility of accomplishing the desired goal outside of the public right-of-way.
(Ord. 5472.  Passed 3-20-01.)