§ 112.303 PROCEDURES FOR APPEAL OF DENIAL OF AN ENCROACHMENT PERMIT.
   (A)   As provided by Cal. Pub. Util. Code § 5885, the city shall either approve or deny an application from a state video service franchise holder for an encroachment permit within 60 days of receiving a completed application.
   (B)   For purposes of this section, an ENCROACHMENT PERMIT means any permit issued by the city relating to construction or operation of facilities relating to the provision of video service under a state video service franchise.
   (C)   An application for an encroachment permit is considered complete when the applicant has complied with all statutory requirements for such an application, including those of the California Environmental Quality Act, Cal. Public Resources Code §§ 21000 et seq., Chapter 150 of this code and other applicable ordinances of the city.
   (D)   Any city denial of an application for an encroachment permit shall be in writing and shall contain a detailed explanation of the reason for the denial.
   (E)   An applicant whose application for an encroachment permit has been denied may appeal the denial to the City Council. Any appeal must be made within 14 calendar days of receipt by the state video service franchise holder of the denial, and must be submitted in writing to the City Clerk and the City Manager in order to be placed on the City Council agenda for consideration. Any appeal must contain a detailed explanation of why the applicant believes that the denial was inconsistent with statutory requirements.
(Ord. 580-C.S., passed 11-4-08)