San Jose Municipal Code Part 19 Utility Structures

A. No provider may construct a utility structure except within a private, public utility or public service easement and pursuant to an administrative permit issued pursuant to Chapter 20.100 of this title, a conditional use permit pursuant to Chapter 20.100 of this title or a development permit pursuant to subsection B.

B. If a property owner requires installation of a utility structure as the result of property development requiring a development permit pursuant to Chapter 20.100, the location and placement of any utility structure shall be addressed as part of the development permit and is not subject to requirements of this part.

C. The replacement of any existing utility structure is not subject to the requirements of this part if:

1. The cubic volume of the replacement utility structure is no more than twenty percent greater than the existing utility structure; and

2. The replacement utility structure does not contain any power generating equipment.

(Ord. 26248.)

All utility structures shall conform to all of the applicable minimum criteria:

1. Utility structures shall be located in a private, public utility, or public service easement.

2. Sight lines shall remain unobstructed at intersections or driveways consistent with the Caltrans Traffic Safety Manual on file with the director of public works.

3. Utility structures shall be enclosed or screened, to the extent possible, to match existing fencing, screening, or landscaping.

4. Utility structures shall be constructed and treated with appropriate materials which discourage or repel graffiti.

5. Utility structures shall be sited to avoid impacts on ordinance sized trees.

6. No utility structure shall exceed one hundred ten cubic feet or a maximum height of five and one-half feet above grade, exclusive of meter panels or pedestals.

(Ord. 26248.)

A. Utility structures located on property zoned or used for R-1 single-family residential uses shall conform to the following additional criteria:

1. Utility structures shall maintain a minimum sixty feet setback from the front property line; and

2. Utility structures shall not be located in the front setback; and

3. Utility structures may be located in side setback areas or along a back fence if the backyard is along a major street;

4. Utility structures shall maintain a minimum five-foot setback from the side property line or be located as closely as possible to an existing fence, whichever is less; and

5. Utility structures shall not be located within six feet of a residential structure as measured from the wall of the residential structure.

6. Utility structures must serve the immediate residential area in which it is located; and

7. A three hundred-foot separation shall be maintained between all utility structures located on land zoned R-1 or used for single-family residential purposes.

(Ord. 26248.)

Utility structures that contain power generating equipment shall meet all of the following applicable minimum criteria:

1. Utility structures shall contain an automatic excess flow gas shutoff valve or other comparable equipment.

2. Maximum noise levels emanating from the utility structure shall be subject to the general plan noise policies.

3. The cabinet exhaust system and port:

a. The exposed exhaust stream temperature shall not exceed one hundred fifty eight degrees Fahrenheit and

b. The exhaust port shall be affixed with a warning label to indicate the danger of exposure to the exhaust temperature.

c. Backup batteries shall be programmed to vary their duration of operation with the length of power outage up to a maximum of thirty minutes. As technology allows and without increasing the size of the cabinets, cabinets should be retrofitted with higher capacity batteries capable of providing full service operation for a maximum of two hours a full (6.1fW) load.

(Ord. 26248.)

The director shall include the following conditions in all permits for utility structures:

1. The provider shall agree to be responsible for any damage caused by its activities to any existing public or private structure or facilities.

2. The provider shall indemnify and hold harmless the city and any officers and employees thereof against and from all claims, loss, liability, damages, judgments, decrees, costs and expenditures which the city or such officer or employee may suffer, or which may be recovered from or obtainable against the city or such officer or employee, proximately caused by and growing out of or resulting from the exercise of the permit.

3. The provider shall maintain all utility structures in a safe and clean manner.

4. The provider shall promptly remove all graffiti on any structure. In the event the provider fails to remove all graffiti from the structure within two business days following receipt of notification from the city, the city shall have the right to remove any graffiti and the provider shall reimburse the city for all costs incurred for the removal within thirty days of receipt of a bill for the work done.

5. Testing of emergency power equipment shall be limited to weekdays between the hours of 9:00 a.m. to 5:00 p.m., unless alternate hours are requested at the time the application is filed and agreed to, in writing, by all abutting property owners.

6. Any other condition deemed appropriate by the director.

(Ord. 26248.)