San Jose Municipal Code Part 10 Administrative Permit

The provisions of this part apply to and govern the issuance of all permits made subject to the provisions of this part. All permits governed under this part shall hereinafter be referred to as administrative permits, and shall be issued by the director.

(Ords. 26248, 26455.)

In addition to the requirements of Section 20.100.110, an application which includes a utility structure shall be signed by the utility provider. The utility provider shall submit the following with the application:

1. Evidence that the utility provider has provided, at least ten days' prior to application submittal to the city, written notice to the owner(s) and occupant(s) of the underlying residential real property for which the application is submitted, and all owners and occupants of residential real property abutting that residential real property, which notice includes of all of the following information:

a. The location for the placement of the utility structure; and

b. The physical dimensions of that utility structure; and

c. The anticipated dates that work will be occurring on the real property, together with the nature and length of any service interruptions that may affect the residential real properties receiving the notice required pursuant to this section; and

d. A current and valid phone number of a contact person for the utility provider who will be available during specified reasonable hours and can be contacted if issues arise in connection with the utility structure; and

e. Notice that the utility provider is first required to obtain an administrative permit from the city for the utility structure prior to commencement of construction.

2. Evidence of the private, public utility or public service easement; and

3. A comprehensive network plan showing the locations of each utility structure planned by the provider.

(Ords. 26248, 28828.)

Any administrative permit for a utility structure approved pursuant to this part shall contain the applicable conditions set forth in Part 19 of Chapter 20.80.

(Ords. 26248, 26455.)

A. Whenever an administrative permit is denied hereunder, the director shall notify the applicant in writing of the grounds upon which such denial is based.

B. The applicant may seek a special use permit, or conditional use permit where otherwise required, if an administrative permit has been denied.

(Ords. 26248, 26455, 29546.)

A. A copy of the permit issued hereunder shall be conspicuously posted on a window, door, or other appropriate location of the business premises in a manner visible to the public at all times. The permit shall notify the public that any complaints with regard to the use authorized by such permit may be reported to the director.

B. Notwithstanding Subsection A. above, a permit for a utility structure does not need to be displayed. However, the permit number, or other mutually agreeable identification system, shall be permanently displayed on a readily visible location on the structure.

C. Notwithstanding Subsection A. above, a copy of the permit issued for an unattended collection container shall be conspicuously displayed in a publicly visible location on the unattended collection container.

D. Notwithstanding Subsection A. above, a permit for a tap room and tasting room, conversion of parking to outdoor dining or TDM Plan Modification does not need to be displayed.

(Ords. 26248, 29265, 30857.)

A. A permit issued pursuant to this part shall be initially issued for a period of up to three years, except that a permit for an unattended collection container shall be initially issued for a period of up to one year. Whenever a permit is reissued, it may be granted for a period of up to five years, except that a permit reissued for an unattended collection container shall be issued for a period of up to one year. The applicant shall submit an application for a new permit term at least fifteen days prior to the expiration of the term of any permit issued hereunder.

B. Notwithstanding Subsection A. above, a permit for a utility structure, tap room and tasting room, conversion of parking to outdoor dining or TDM Plan Modification shall have no time limit.

(Ords. 26248, 29265, 30857.)

A. A permit issued hereunder may not be transferred or reassigned.

B. Notwithstanding subsection A. above, a permit for a utility structure, tap room and tasting room, conversion of parking to outdoor dining or TDM Plan Modification may be transferred.

(Ords. 26248, 30857.)