Sec. 34-40. Permits and Construction.
34-40.1.Except as expressly provided in this Article 3, all provisions of Monterey City Code Sections 34-14 (“Conditions of Street Occupancy”), 34-18 (“Protection of City and Enforcement -- Liability Insurance”), 34-19 (“Protection of City and Enforcement -- Performance Bond”), 34-20 (“Protection of City and Enforcement -- Security Fund”) and 34-21 (“Indemnification”) shall apply to all work performed by or on behalf of a state franchise holder on any City public rights-of-way, public property, or City easement.
34-40.2. Permits.Prior to commencing any work for which a permit is required by this Section 34-40, a state franchise holder shall apply for and obtain a permit in accordance with the provisions referred to above in subsection 34-40.1 and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Division 13 of the California Public Resources Code, section 21000, et seq. (the California Environmental Quality Act).
34-40.3.The City Manager or his/her designee shall either approve or deny a state franchise holder’s application for any permit required above in subsection 34-40.1 within sixty (60) days of receiving a completed permit application from the state franchise holder.
34-40.4.If the City Manager or his/her designee denies a state franchise holder’s application for a permit, the City Manager or his/her designee 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.
34-40.5.A state franchise holder that has been denied a permit by final decision of the City Manager or his/her designee may appeal the denial to the City Council. Upon receiving a notice of appeal, the City Council shall take one of the following actions:
A.Affirm the action of the City Manager or his/her designee without any further hearing; or
B.Refer the matter back to the City Manager or his/her designee for further review with or without instructions; or
C.Set the matter for a de novo hearing before the City Council.
34-40.6.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 City Manager or his/her designee unless the City Council is itself conducting a public hearing on the matter.