A. After receipt of an application for a permit to excavate, the department shall determine whether an application is complete. If the application is deemed to be incomplete, the department shall advise the applicant in writing of the reasons for rejecting the application as incomplete.

B. If the application is deemed to be complete, the department, in its discretion, shall deny, approve, or conditionally approve the application. In order to preserve and maintain the public health, safety, welfare, and convenience, the department may condition a permit with specified requirements including, but not limited to, those that limit or modify the facilities to be installed or maintained, the location of the facilities to be installed or maintained, and the time, place, and manner of excavation.

C. If the application is denied, the department shall advise the applicant in writing of the basis for denial. The applicant shall have ten days from the mailing of such denial by city to appeal. The written request for appeal must be received by the city clerk within such time period. Upon timely receipt of a written request for an appeal, the city clerk shall schedule the matter for hearing with the city manager or designee within sixty days of receipt of the request. If the applicant is a video service provider as defined in Section 5.48.010 of this code, pursuant to Section 5885 of the Public Utilities Code, the applicant shall have ten days from the mailing of such denial by city to appeal. The written request for appeal must be received by the city clerk within such time period. Upon timely receipt of a written request for an appeal, the city council shall schedule the matter for hearing at the next available city council meeting.

D. If the application is approved or conditionally approved, the department shall issue a permit to the applicant. (Ord. 4444 § 2, 2007; Ord. 3801 § 1, 1997)