§ 8-48. Permits and construction.

(a)

Except as expressly provided in this section 8-48 all provisions of chapter 15 ("Highways, road, and bridges"), sections 8-22 and 8-23 ("Bond requirements- insurance - Indemnification"), 8-3 ("Location and construction of facilities generally, undergrounding"), 8-7 ("Changes required by public improvements"), 8-8 ("Effect of failure to perform required street, etc., work; shielding, filtering and grounding") and 8-6 ("Removal and abandonment of facilities") of the Sonoma County Government Code, and all county administrative rules and regulations developed to any of these provisions, as now existing or as hereafter amended, shall apply to all work performed by or on behalf of a state franchise holder on any county public rights-of-way, public property, or county easement.

(b)

Permits. Prior to commencing any work for which a permit is required by chapter 15, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of chapter 15 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).

(c)

The director of transportation and public works shall either approve or deny a state franchise holder's application for any permit required under Section 8-48(a) within sixty (60) days of receiving a completed permit application from the state franchise holder. The director of transportation and public works may delegate his or her duties under this paragraph to the director of the permit and resource management department.

(d)

If the director of transportation and public works or the director of the permit and resource management department, as applicable, denies a state franchise holder's application for a permit, the applicable officer 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.

(e)

A state franchise holder that has been denied a permit by final decision of the director of transportation and public works or the director of the permit and resource management department, as applicable, may appeal the denial to the county board of supervisors by filing a written notice of appeal in duplicate with the clerk within ten (10) working days of the mailing or posting of the final decision. The notice shall state clearly the reasons why the denial decision should be overturned. The board shall only hear the appeal if the notice is filed and all required fees are paid within the ten-day appeal period. Once a notice of appeal has been filed, it may be withdrawn by the state franchise holder prior to the distribution of public hearing notices, but not thereafter.

(f)

The clerk shall set the hearing of the appeal and shall give notice of such hearing to the applicant, county administrator and board of supervisors, and by posting in the manner required for appeals. In addition, the county board of supervisors may give notice of the hearing in such other manner as it wishes. The board may continue from time to time any hearing held by it.

(g)

The director of transportation and public works or the director of the permit and resource management department, as applicable, shall transmit the entire record concerning the permit application to the board.

(h)

In rendering its decision on the appeal, the county board of supervisors shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the director of transportation and public works or the director of the permit and resource management department, as applicable, unless the county board of supervisors is conducting a public hearing on the matter.

(i)

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. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place facilities underground, in accordance with applicable law.

(Ord. No. 5851, § II, 9-15-2009.)