(A) Except as expressly provided in this section, all provisions of the San Benito County Code, and all county administrative rules and regulations developed to any of these provisions, as now existing or as hereafter amended, shall apply to all work performed by or on behalf of a state franchise holder on any county public rights-of-way, public property, or county easement.
(B) Permits. Prior to commencing any work for which a permit is required by County Code, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of the applicable provisions of the San Benito County Code and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Division 13 of the Cal. Public Resources Code, §§ 21000 et seq. (the California Environmental Quality Act).
(C) The approving authority as designated in the applicable County Code provision under which a permit is sought shall either approve or deny state franchise holder's application for any permit within 60 days of receiving a completed permit application from the state franchise holder, or within such earlier time period as may be established by applicable county ordinance.
(D) If the approving authority denies a state franchise holder's application for a permit, the approving authority 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.
(E) A state franchise holder that has been denied a permit by final decision of an approving authority may appeal the denial to the County Board of Supervisors. Upon receiving a notice of appeal, the County Board of Supervisors shall take one of the following actions:
(1) Affirm the action of the approving authority without any further hearing; or
(2) Refer the matter back to the approving authority for further review with or without instructions.
(F) In rendering its decision on the appeal, the County Board of Supervisors shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the approving authority unless the County Board of Supervisors is itself conducting a public hearing on the matter.
(G) A state franchise holder shall notify the approving authority in writing of the time requirements of this section should the state franchise holder not be provided with a response on its permit application within 45 days of submittal.
(H) The issuance of a permit 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. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place facilities underground, in accordance with applicable law.
(Ord. 849, § 6 (part), 2010; Ord. 967, §§ 3, 4, 2018; Ord. 968, §§ 3, 4, 2018)