Part 19 – UTILITY STRUCTURES
20.80.1800 – Permit required.
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.
20.80.1810 – Minimum development criteria – All utility structures.
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.
20.80.1820 – Minimum development criteria – Utility structures located on property used or zoned for single-family use.
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.
20.80.1830 – Minimum development criteria – Utility structures that contain power generating equipment.
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.
20.80.1840 – Conditions – Utility structures.
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.
Part 20 – WIRELESS COMMUNICATION ANTENNA
20.30.130 – Wireless communications antennae on residentially zoned parcels with a non-residential use.
Wireless communications antennae are allowed in residential districts pursuant to Table 20-50 only if all of the following criteria are met:
A. The proposed antenna is located upon a parcel with a nonresidential use; and
B. The proposed antenna is located either:
1. More than thirty-five feet away from the nearest residential use; or at least one foot away from the nearest residential use for every foot of monopole height, whichever distance is greater; or
2. More than twenty feet away from the nearest residential use if the proposed antenna is mounted on an existing utility structure within a utility corridor.
20.30.140 – Wireless communications antennae on residentially zoned property with a residential use.
Wireless communications antennae of any type located on residentially zoned property with a residential use shall require a conditional use permit pursuant to the provisions of Chapter 20.100 of this title, except for certain modifications pursuant to Section 20.80.1915 of Chapter 20.80.
(Ords. 27468, 29546.)
20.80.1900 – Maximum height exception – Wireless and building mounted wireless communication antenna.
The maximum height of a wireless communication antenna may be increased over the required maximum height of the zoning district in which it is located up to a maximum of sixty feet provided that the antenna is a wireless communications antenna slimline monopole.
(Ords. 26248, 27468.)
20.80.1910 – Maximum height exception – Building mounted wireless communication antenna.
The maximum height of a building mounted wireless communication antenna may be increased over the required maximum height of the zoning district in which it is located provided that all of the following criteria are met:
A. The antenna and/or related building alterations project no more than ten feet above the building surface on which it is located; or the antenna and/or related building alterations project no more than ten feet plus an additional foot of height for every ten feet the antenna is set back from the building parapet to a maximum height of fifteen feet; and
B. The antenna is architecturally integrated into the building and all ancillary equipment is adequately screened; or
C. The antenna does not add to the visual clutter of the building or structure.
20.80.1915 – Modification of existing wireless towers and base stations.
A. This section is adopted pursuant to Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act now codified at 47 U.S.C. Section 1455(a) ("Section 6409(a)") and Federal Communications Commission Report and Order FCC-14-153 ("Wireless Infrastructure Order") and shall be retroactive to April 9, 2015, the effective date of the Wireless Infrastructure Order.
B. For purposes of this section, the following definitions shall apply:
1. "Baseline condition" means:
a. As to height, the height of the original wireless tower or base station where the transmission equipment is proposed to be separated horizontally from the existing transmission equipment, such as on building rooftops, and for all other deployments, the height of the wireless tower or base station, inclusive of originally approved equipment and all modifications approved prior to February 22, 2012.
b. As to width, the width inclusive of originally approved equipment and all modifications approved prior to February 22, 2012.
2. "Base station" means a non-wireless tower supporting structure at a fixed location which has transmission equipment that enables FCC licensed or authorized wireless communications between user equipment and a communications network.
3. "Collocation" means the mounting or installation of transmission equipment on a wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
4. "Concealment elements" means camouflaging methods applied to wireless towers and base stations that render wireless towers or base stations more visually appealing or blend the wireless tower or base station into an existing structure or visual backdrop in such a manner as to render the wireless tower or base station minimally visible to the casual observer. Concealment may utilize, but does not require, concealment of all components of the wireless transmission equipment.
5. "Current site" means:
a. For wireless towers, the current boundaries of the leased or owned property surrounding the wireless tower and any related access or utility easements; and
b. For base stations, the current boundaries of the leased or owned property surrounding the base station and any related access or utility easements, and further restricted to the area in proximity to the base station and other transmission equipment already deployed on the ground.
6. "Existing wireless tower" or "existing base station" means a wireless tower or base station, with both a physical and a legal existence, and does not include structures that (1) merely could support transmission equipment; (2) were illegally constructed without all proper wireless site review; or (3) were legally constructed but at a time when applicable local law did not require wireless site review, provided that a wireless tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
7. "FCC" means the Federal Communication Commission.
8. "Modification" means removal or replacement of an antenna or any other wireless transmission equipment or hardening of a wireless tower or base station, but does not include complete replacement of a wireless tower or base station.
9. "Substantially change the physical dimensions" means any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the baseline conditions for the wireless tower or base station that would have any of the effects described below:
a. Changing the physical dimensions or exposed surface area of a wireless tower or base station, where the changes would be inconsistent with the design of the baseline condition concealment; or
b. Entails excavation or deployment outside the current site boundaries.
c. Increasing the height of an existing wireless tower or base station, as measured against the baseline condition, by the greater of more than ten percent, or the height of one additional antenna array with separation from the nearest existing antenna, not to exceed twenty feet; or increasing the height of a base station by the greater of more than ten percent or ten feet, whichever is greater; or
d. Increasing the width of an existing wireless tower by adding an appurtenance to the body of the tower that would protrude from the edge of the tower by more than twenty feet or more than the width of the tower at the level of appurtenance, whichever is greater; or increasing the width of a base station by adding an appurtenance to the structure that would protrude more than six feet.
e. Installing more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets, installing new equipment cabinet(s) on the ground at base stations if there are no existing cabinets associated with the base station, or installing ground cabinets at base stations that are more than ten percent larger in height or overall volume that any other ground cabinet associated with the base station.
f. Would result in the wireless tower or base station as modified being out of compliance with any baseline conditions associated with the wireless tower or base station, other than those conditions related to height, width, equipment cabinets, excavation/deployment, or concealment elements.
10. "Transmission equipment" means any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennae and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.
11. "Wireless" means any FCC authorized wireless communications service.
12. "Wireless tower" means any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities.
C. Notwithstanding any other provision of Title 20 of this Code, a request for collocation or modification that will not substantially change the physical dimensions of an existing wireless tower or base station, shall be approved, conditionally approved or denied in accordance with the procedures set forth in Part 10 of Chapter 20.100 of this Code, with the exception of Sections 20.100.1210, 20.100.1220, 20.100.1250 and 20.100.1260, provided that the director finds that the proposed collocation or modification will comply with generally applicable building, structural, electrical and safety codes and all other objective standards set forth in this Code related to health and safety.
D. In addition to all administrative permit application requirements otherwise applicable, each application for an administrative permit that is submitted under this section shall clearly identify the application as a Section 6409(a) wireless application and shall be accompanied by:
1. A detailed written description of the proposed modifications to the existing facilities;
2. A photograph or graphic description to scale, and a written description of the wireless tower or base station as originally constructed, if available, and a photograph of the existing wireless tower or base station, and a graphic depiction to scale of the wireless tower or base station after collocation or modification, showing all relevant dimensions overlayed on the current site;
3. A description of all construction that will be performed in connection with the proposed collocation or modification, including any excavation;
4. A signed declaration by the applicant certifying the baseline condition as to height and the current site boundaries.
5. An environmental exemption form or approved environmental clearance issued by the city for the project.
6. If the existing wireless tower or base station was approved by a jurisdiction or entity other than the City of San José, a copy of the original permit or approval and any amendments or modification to such permit or approval.
7. Such other information as the director may deem necessary in order to allow review of the application for compliance with this Section 20.80.1915.
E. The approval of a collocation or modification pursuant to this Section 20.80.1915 shall not extend the term of the initial development permit approval.
F. This Section 20.80.1915 is adopted to maximize the city’s ability to exercise discretionary review of applications for modification or collocation of wireless towers and base stations as consistent with Section 6409(a) and the Wireless Infrastructure Order. This section shall become null and void if Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated. All permits issued pursuant to this Section 20.80.1915 shall terminate on the ninety-first day after Section 6409(a) or the Wireless Infrastructure Order is rescinded or invalidated.
20.200.1410 – Wireless communications antenna.
A "wireless communications antenna" is an antenna and associated mechanical equipment that is used for a wireless communications network.
20.200.1420 – Wireless communications antenna, building mounted.
A "wireless communication antenna, building mounted" is an antenna and associated mechanical equipment that is used for a wireless communications network and is:
1. Mounted to an existing building or structure; and
a. The antenna and its related building alterations both meet one of the following criteria:
i. They project no more than ten feet above the building surface on which the antenna and related building alterations are installed or located; or
ii. They project no more than ten feet plus an additional foot of height for every ten feet that the antenna is set back from the building parapet to a maximum height of fifteen feet; or
2. The antenna and its associated mechanical equipment is attached to an existing monopole or other utility structure with no increase to the overall height of either the monopole or other utility structure.
(Ords. 26248, 27468.)
20.200.1430 – Wireless communications antenna, slimline monopole.
A "wireless communications antenna, slimline monopole" is a single antenna pole not exceeding 1.5 feet in diameter at base of the antenna or pole, with antennas screened by an enclosure not exceeding 3 feet in diameter, and associated mechanical equipment that is used for a wireless communications network.