Part 5 — EXCAVATION/ENCROACHMENT PERMITS

A.

Except as otherwise specified in this part, state video franchise holders shall comply with the provisions of Chapter 15.50 related to excavations and encroachments in city right-of- way.

B.

Any notice required to be given under this part shall be given in accordance with Section 1.04.140 of the San José Municipal Code.

C.

The applicability of Sections 15.34.530 through 15.34.560 inclusive is limited to the director's denial of a permit application only. The director's decision to amend or revoke a state video franchise holder's permit and any appeal thereafter shall be done in accordance with Part 6 of Chapter 15.50.

(Ord. 28530.)

Notwithstanding and subject to the provisions of Chapter 15.50, the director shall approve or deny a state video franchise holder's application for an excavation/encroachment permit within sixty days of receiving a completed application. An application for an excavation/encroachment permit shall not be complete until the applicant has complied with all applicable laws and regulations, including but not limited to, all applicable requirements of the California Environmental Quality Act (CEQA).

(Ord. 28530.)

A.

The Director shall notify a state video franchise holder, in writing, of the director's decision to approve or deny an encroachment/excavation permit.

B.

The notice of decision to deny the permit shall state the grounds for denial of the application.

C.

Notwithstanding Section 15.50.620, the state video franchise holder may appeal the director's decision to deny the permit to the city council following the procedures specified in Section 15.34.530 of Part 6 of this chapter.

(Ord. 28530.)

A.

The state video franchise holder may appeal the decision of the director to the city council by delivery to the city clerk of a written request to appeal within ten days of the date of the notice of decision.

B.

If there is no appeal filed within the time for appeal set forth in Subsection A., then the decision of the director shall be final.

(Ord. 28530.)

If a written request to appeal is timely filed with the city clerk, the city council shall hold a hearing.

The city clerk shall give the video franchise holder written notice of the hearing which specifies the time, date and location of the hearing.

(Ord. 28530.)

Each hearing shall be set for a date not more than ninety days from the date of the notice of hearing unless the city council determines that good cause exists for an extension of time.

(Ord. 28530.)

A.

The hearing by the city council shall be de novo where evidence and argument, including, but not limited to, sworn testimony of witnesses and documentary evidence, may be presented.

B.

After closing the hearing, the city council shall sustain, reverse or modify the director's denial of the permit. A written notice of decision shall be issued and served on the state video franchise holder in accordance with Sections 1.04.140 and 1.04.150 of the San José Municipal Code.

C.

The decision of the city council shall be final.

(Ord. 28530.)