Ventura Municipal Code Art. 4 Right-of-Way Management

Except as expressly provided in this chapter, the provisions of Title 18, and all city administrative rules and regulations developed pursuant to Title 18, as now existing or as hereafter amended, will apply to all work performed by or on behalf of a state franchise holder in any public rights-of-way. (Ord. No. 2009-029, § 1, 12-7-09)

A. Prior to commencing any work for which a permit is required by Title 18, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of Title 18. A permit application is complete when the state franchise holder has complied with all applicable laws and regulations, including, but not limited to, all city administrative rules and regulations, and all applicable requirements of Division 13 of the California Public Resources Code, Section 21000 et seq. (the California Environmental Quality Act).

B. The administrator appointed pursuant to Title 18 shall either approve or deny a state franchise holder’s application for any permit required under Title 18 within 60 days of receiving a complete permit application from the state franchise holder.

C. If the administrator denies a state franchise holder’s application for a permit, the administrator 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, pursuant to Section 18.100.120.

D. A state franchise holder that has been denied a permit by final decision of the administrator may seek administrative review pursuant to Section 18.100.040. The procedures set forth in Section 18.100.040 shall apply in any administrative review except that the final decision of the director of the department designated to administer the provisions of Title 18 denying a permit application shall not be the final decision of the city.

E. A state franchise holder may appeal a denial of a permit application by the director to the city council by filing a notice of appeal with the clerk not later than 10 calendar days following the issuance of the final decision of the director. Upon receiving a notice of appeal, the city council shall take one of the following actions:

1. Affirm the action of the director of the department designated to administer the provisions of Title 18 without any further hearing; or

2. Refer the matter back to the director for further review with or without instructions; or

3. Set the matter for a public hearing before the city council at the next regular council meeting.

F. In rendering its decision on the appeal, the city council shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the director unless the city council is itself conducting a public hearing on the matter.

G. 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. (Ord. No. 2009-029, § 1, 12-7-09)

Except as expressly provided in this chapter, nothing in this chapter shall relieve a state franchise holder from complying with other applicable law, including other applicable provisions of the city’s municipal code. (Ord. No. 2009-029, § 1, 12-7-09)