Chapter 12.13 — STATE VIDEO SERVICE FRANCHISEES

(a) "State franchisee" shall have the same meaning as set forth in Section2.11.020(o) of the Palo Alto Municipal Code.

(b) "Encroachment permit" means an encroachment permit, a street work permit, a development review application, or other application or permit for which a state franchisee is required to apply under Chapter 2.11, Chapter 12.08, Chapter 12.10, this Chapter 12.13, Chapter 18.76 or Chapter 18.77 of the Palo Alto Municipal Code.

(c) "Street work permit application" means the application and permit for construction in the public street to be filed by a state franchisee with the department of public works.

(d) "Development review application" means the form to request architectural review to be filed by a state franchisee with the department of planning and development services.

(Ord. 5494 § 3, 2020: Ord. 4945 § 30, 2007)

(a) It is the purpose of this Chapter 12.13 to comply with Section 5885(c) of the California Public Utilities Code. The provisions of thisChapter 12.13 that impose requirements or obligations on the city shall be construed to apply, and shall be only applied, to the extent necessary to comply with Section 5885(c) of the California Public Utilities Code.

(b) Except as provided in this Chapter 12.13, all of the provisions of this Title 12 shall apply fully to a state franchisee as if it were a "utility" or "public utility" within the meaning of this Title 12.13.

(Ord. 4945 § 31, 2007)

(a) A state franchisee who applies for an encroachment permit shall submit an application which consists of a combined development review application and a street work permit application. The director of planning and development services shall be responsible for taking action on the development review application, and the director of public works-city engineer shall be responsible for taking action on the granting of an application for a street work permit. The approval or denial of the development review application and the street work permit application shall be issued within sixty days of receipt of a combined complete application, which shall consist of the following:

(1) A completed development review application for architectural review and a street work permit application;

(2) All construction plans, drawings and specifications pertaining to the state franchisee's communications service equipment or facilities to be placed in the public rights-of-way, prepared in accordance with the requirements of the department of public works and other city departments that affect the street work permit application, including, but not limited to, the city arborist and the city department of utilities; and

(3) All design plans, drawings, specifications and documents pertaining to the state franchisee's communications service equipment or facilities required for architectural review pursuant to Section 18.76.020, including, but not limited to, a copy of any proposed notice to property owners directly affected by the placement of the communications service equipment or facilities in the public rights-of-way.

An encroachment permit application, consisting of a development review application and a street work permit application, is complete whenever the state franchisee applicant has complied with all applicable requirements of Title 2, Title 12 and Title 18 of the Palo Alto Municipal Code and applicable state laws, including the California Environmental Quality Act and DIVCA, as defined in Section 2.11.020(h).

(b) The sixty-day time period set forth in subsection (a) may be extended by mutual agreement by the state franchisee applicant and the city engineer, who may consult with the director of planning and development services before reaching such agreement.

(c) If the development review application is denied by the director of planning and development services, the city engineer shall deny the street work permit application. The city engineer's denial shall constitute the denial of the encroachment permit application. The city engineer shall provide the state franchisee applicant with a notice of denial and a detailed explanation of the reasons for such denial.

(Ord. 5494 § 3, 2020: Ord. 4945 § 32, 2007)

A state franchisee applicant whose encroachment permit is denied under Section12.13.030 may file an appeal with the council within fourteen days of the decision of the director of public works-city engineer. Within thirty days of the filing of a timely appeal of the city engineer's decision, the council shall hold a public hearing on the matter. At the public hearing, shall accept into evidence and consider any materials and documents as may be submitted by the state franchisee applicant and the city engineer. In determining such appeal, the council shall consider whether the city engineer's denial is consistent with Title 2, Title 12 or Title 18, as applicable, and other applicable state and federal laws. If the council denies the state franchisee applicant's appeal, its decision shall be given, in writing, setting forth a detailed explanation of the reasons for such denial. The decision of the council is final.

(Ord. 4945 § 33, 2007)