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01/28/2013 the requirements of Division 13 of the California Public Resources Code, section 21000 et. seq., and following (the California Environmental Quality Act) it may issue a permit for the use or encroachment, attaching such conditions as are necessary for the health, safety and welfare of the public, including but not limited to aesthetic considerations. If the Department finds the application is in conflict with the provisions of this chapter or any other provision of this Code or any state or federal law, the permit shall be denied and the applicant given written reasons for the denial. No permit is valid unless signed by an authorized representative of the City. B. Applications by a state franchise holder (as defined in Section 11.73 of this Code) shall be approved, conditionally approved or denied within sixty (60) days after the City receives a complete permit application from the state franchise holder. Completeness shall be determined by the Department. C. If the Department denies an application for a permit, the Department 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. Sec. 29.9. Appeal. An applicant who has been denied a permit, or who disputes a condition of approval by final decision of the Department, may appeal to the City Council within the time frame set forth in, and consistent with, the provisions contained in Chapter 1 of this Municipal Code. The Department shall transmit to the Council, all maps, diagrams, records, papers, and files that constitute the record in the action from which the appeal was taken. Sec. 29.10. No Vested Rights. The issuance of a permit pursuant to this chapter 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 all its facitities underground, upon reasonable notice to the permittee. Sec. 29.11. Terms and Conditions of All Encroachment Permits. A. Indemnification. No encroachment permit shall be issued until the permittee has executed and filed with the City an indemnity agreement satisfactory to the City Attorney. The permittee shall be responsible for and indemnify the City from all claims, demands, expenses or liability, including but not limited to, personal injury and property damage arising out of or related to work performed by the permittee under the permit, arising out of the failure on the permittee's part to perform work under the permit, or arising from or caused by the structures or encroachments placed in, on or under the City's right-of- way. If any claim of such liability is made against the City, its' City Council, officers, officials or employees, permittee shall defend, indemnify and hold the ATTY/ORD.377/AMENDING CHAPTER 29 STREETS,SIDEWALKS AND DRIVEWAYS ORD.#2390 REV:01-22-13 PT FORMERLY MUFF#305 Page 9 of 28