San Jose Municipal Code Part 1 Purpose and Definitions

The purpose of the utility undergrounding fee program established in this chapter is to implement the urban design policies of the general plan for the City of San José, by requiring new development to contribute to a fund which shall be used solely for the conversion of overhead utility facilities to underground facilities.

(Ord. 23187.)

For the purposes of this chapter, "designated street" means a street which, on July 1, 1988, had overhead utility facilities on either side of the street, and is:

A. Identified on the land use/transportation diagram of the city's general plan as a major collector or arterial at the time a development project is approved by the city, or

B. Adjacent to property which is zoned for uses other than residential, agricultural or open space.

(Ord. 23187.)

For the purposes of this chapter, "development project" shall include:

A. Any residential subdivision for which a parcel map or final map is required under Title 19 of the municipal code; and

B. Any project for which a development permit is required pursuant to Chapter 20.100 of the municipal code; if any portion of the property subject to such parcel map, subdivision map or development permit is located adjacent to a designated street, as defined in Section 15.26.010.

(Ord. 23187.)

For the purposes of this, chapter, an "increase in intensity of use" means the percentage increase of one of the following factors, whichever is greatest, when comparing a proposed development with the preexisting legally established development on the subject site:

A. Square footage of building area and/or outdoor activity area, as applicable;

B. Number of off-street parking spaces as required under Title 20 of this Code; or

C. Traffic generation calculated using the trip generation rates in "Trip Generation Rates," published by the City of San José department of public works transportation division, September 1986, as such publication may be subsequently amended.

(Ord. 23187.)

For the purposes of this chapter, "minor projects" means those development projects which are so small or of such a type that they cannot be said to contribute, in even an incremental or cumulative fashion, to the increased visual clutter which this chapter is intended to mitigate. The following are minor projects:

A. Addition of an automated teller machine;

B. Tree removal;

C. Change of operating hours;

D. Installation of temporary office or security trailers or temporary corporation yards during construction of a project nearby or on site;

E. Facade improvements with no increase in square footage;

F. Improvements of an existing parking lot (e.g., resurfacing, restriping or landscaping);

G. Replacement of underground storage tanks; or

H. Any other development project determined by the city's approving body at the time of project approval to come within the meaning of this section.

(Ord. 23187.)

For the purposes of this chapter, "overhead utility facilities" means aboveground wires, poles, and associated facilities supplying electric, communication, or similar services. "Wires" and "poles" shall have the same meaning as that set forth in Section 15.24.020 of Chapter 15.24 of this title. Facilities used for the transmission of electric energy at nominal voltages of thirty-four thousand five hundred volts or more shall be exempt from the provisions of the chapter.

(Ord. 23187.)