14.32.035: PERMIT APPLICATION APPROVAL CRITERIA:
   A.   In reviewing the permit application for approval, the City Engineer shall consider, among other things, the following:
      1.   The capacity of the public way to accommodate the facilities proposed to be constructed and installed, and the compatibility of such new facilities with existing facilities;
      2.   Any damage to or disruption of public or private facilities, improvements, or landscaping in the public way;
      3.   The capacity of the public way to accommodate multiple work in the public way projects or other conflicting uses of the public way;
      4.   Any existing excavation restrictions imposed by the City Engineer pursuant to section 14.32.085;
      5.   The availability of alternatives to excavation, including, without limitation, the existence of excess capacity in the public way, or the feasibility of using tunneling, boring, or other trenchless technology;
      6.   The qualifications and reputation of the applicant;
      7.   The financial strength of the applicant, including the applicant's ability to provide the required security; and
      8.   Notice to adjacent properties has been accomplished as described in 14.32.036.
   B.   The City Engineer may deny the issuance of permits to persons who have shown by past performance that they will not consistently conform to the engineering regulations, construction specifications, design standards or the requirements of this chapter; provided that prior to any such denial, such person shall be given written notice of the basis for such denial and shall be given a reasonable opportunity to be heard in connection therewith.
   C.   When necessary, in the judgment of the City Engineer, to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the City Engineer may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.
   D.   The disapproval or denial of an application by the City Engineer may be appealed by the applicant to the Director of Public Services, by the filing of a written notice of appeal within ten (10) days of denial. The Director of Public Services shall hear such appeal and render his/her decision, within fifteen (15) days following notice of such appeal.
   E.   In approving or disapproving work within the public way, or permits therefor; in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by this chapter, the City Engineer shall act in such manner as to preserve and protect the public way and the use thereof. (Ord. 11-22, 2022: Ord. 6-01 § 3, 2001: Ord. 70-99 § 1, 1999)