1. Prior to commencing any work for which a permit is required by this subsection B, a state franchise holder shall apply for and obtain a permit in accordance with the provisions the municipal code 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).

2. The city manager or his/her designee shall either approve or deny a state franchise holder’s application for any permit required in this subsection B within sixty days of receiving a completed permit application from the state franchise holder unless the parties mutually agree in writing to extend the sixty-day time frame.

3. 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 written explanation of the reason or reasons for the denial.

4. 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:

5. 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. (Ord. 2010-05 § 1 (Exh. A), 2010)