Chapter 25.04

IMPLEMENTATION PROGRAM FOR AIRPORT DEVELOPMENT

Parts:

• 1 Definitions

• 2 Consistency

• 3 Project Development Limitations and Conditions

• 4 Airport Traffic Relief Act

• 5 Airport Noise Control Program Compliance and Monitoring

• 7 Acoustical Treatment Program

• 9 Airfield Development Conditions

• 11 Transit and Transportation Planning

• 12 Policy Direction and Reporting Requirements

Part 1

DEFINITIONS

Sections:

The definitions contained in this part shall govern the application and interpretation of this chapter.

(Ord. 25528.)

"1997 Airport Master Plan" means the plan to accommodate projected levels of air transportation services demand to the planning year 2010, adopted by the city council by Resolution No. 67381 on June 10, 1997, as it may be modified or amended from time to time.

(Ord. 25528.)

"Airport noise control program" means the time of day operational restrictions and regulations pertaining to aircraft operations at the airport adopted by Council Resolution No. 57211 adopted on February 7, 1984. (Ord. 25528.)

"Community Noise Equivalent Level" or "CNEL" contour means the mapped outline of a geographic area surrounding an airport for the purpose of depicting the cumulative aircraft noise level exposure in such areas, which is drawn and noise levels calculated pursuant to state laws and regulations.

(Ord. 25528.)

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§ 25.04.200

Part 2

CONSISTENCY

Sections:

• A. The purpose of the implementation program is to set forth an orderly process for undertaking airport development which clarifies the relationship between the various capital projects included in the 1997 Airport Master Plan, and to give assurance to the community about the reasonableness of assumptions and forecasts contained in the 1997 Airport Master Plan.

• B. All Airport Master Plan development shall occur in accordance with, and be limited by, the implementation program.

• (Ord. 25528.)

plan, so that it can be found to be implicitly incorporated in the Airport Master Plan; or

4. A project for the operation, repair, maintenance or minor alteration of existing structures and facilities on the airport, or for the ongoing administration of the airport.

• (Ord. 25528.)

Part 3

PROJECT DEVELOPMENT LIMITATIONS AND CONDITIONS

Sections:

• 25.04.300 Passenger facilities development limitations.

• 25.04.310 Passenger facilities development phasing.

• 25.04.330 General prerequisites to development of airport facilities.

• 25.04.350 Prerequisites to approval of terminal construction.

• A. No capital improvement project on the airport shall be undertaken unless it is consistent with the Airport Master Plan.

• B. "Consistent" for purposes of this section shall mean that such capital improvement project is:

  1. Expressly identified in the Airport Master Plan as a project; or

  2. A necessary and related component of a project which is expressly identified in the Airport Master Plan, such as, but not limited to, utilities, access and roadways, or necessary infrastructure for an identified project; or

  3. A project which, although not expressly identified in the Airport Master Plan, supports the overall goals and policies of the plan, and is otherwise not incompatible with any elements identified in the

• A. The 1997 Airport Master Plan contains a series of airfield and land-side capital improvement projects. Construction and development of all airport facilities shall be limited by and developed in accordance with the levels of development and facility plans set forth in the 1997 Airport Master Plan.

• B. In addition, the development of those passenger air carrier facilities specified below shall be limited to the following levels of development:

  1. A total of forty-two air carrier gates;

  2. For terminal building space, square footage shall be consistent with the square footage set forth in the adopted project case for the 1997 Airport Master Plan including any amendments to such plan.

  3. A total of twelve thousand seven hundred public parking spaces;

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§ 25.04.330

4. The total of rental car "ready/return" spaces, for use by rental car operators to store cars which are ready to rent, or for the return of vehicles to rental car operators upon completion of the rental, shall be consistent with the adopted project case in the 1997 Airport Master Plan including any amendments to such plan.

(Ords. 25528, 26516, 30404.)

• A. Any construction of additional of air carrier gates beyond thirty-one air carrier gates shall not proceed until the year 2000 or beyond, and shall not proceed until:

  1. The conditions specified in Part 4 of this chapter, pertaining to traffic congestion measures, have been met; and

  2. Total annual passenger volumes at the airport exceed eleven million two hundred thousand annual passengers.

• B. Modifications in design concept, planning, and construction of the terminal facilities shall be consistent with the 1997 Airport Master Plan (including any amendments to the plan).

• C. Any construction, reconfiguration, or remodeling of terminal buildings into a centralized terminal facility shall be phased so that existing air carrier gates are taken out of service as replacement, reconfigured, or new gates are constructed, so as to not have more than either: (i) thirty-one air carrier gates in the terminal facilities at any one time unless the prerequisites of Section 25.04.410 have been met; (ii) nor more than forty air carrier gates in the terminal facilities at the airport at any one time, if the pre-requisites of Section 25.04.410 have been met.

• (Ords. 25528, 26516.)

• A. The 1997 Airport Master Plan assumes that the Route 87 Freeway project between I-280

  • and U.S. 101, including the Skyport Drive Interchange, will be completed by the year 2001. No construction contract for any new terminal building or parking garage, or west side cargo development shall be awarded until the Route 87 improvement project is under construction.

• B. The 1997 Airport Master Plan assumes that commercial transport category Stage 2 aircraft (as defined in 14 Code of Federal Regulations Part 36) will be phased out of the national fleet by December 31, 1999. The city shall not award a lease agreement providing for the occupancy of, or a construction contract for development of, a new terminal building, west side cargo facility, or public parking garage at the airport as contained in the 1997 Airport Master Plan, until an all Stage 3 transport category commercial fleet actually operates at the airport.

• C. In determining whether to proceed with the development of new or additional landside airport facilities, whether for air passenger, air cargo, or general aviation, the city manager shall cause a review to be conducted of the overall historical compliance of the potential airline or interested user(s) of the proposed facilities with the airport noise control program. The results of this review shall be made available to the city council for its consideration and deliberations prior to a decision to proceed with the development of that facility.

• D. Prior to city council consideration of a new terminal building, west side cargo, or general aviation facilities at the airport contained in the 1997 Airport Master Plan:

  1. The city manager shall provide the city council with a report containing updated activity levels including numbers of passengers, aircraft operations and fleet mix, cargo tonnage, airport based general aviation aircraft, on-airport parking statistics, and a comparison of such activity levels to the 1997 Airport Master Plan forecast.

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§ 25.04.330

2. The director of planning, building and code enforcement shall review the report to determine whether an updated environmental analysis or study is appropriate, in accordance with the California Environmental Quality Act.

3. No contract for the construction of new terminal, west side cargo, or general aviation facilities shall be awarded without additional environmental analysis, if the updated review and information indicate that circumstances have materially changed from the analyses and forecasts provided in the 1997 Airport Master Plan and related environmental analysis.

• E. The city shall not award construction contracts or approve lease agreements for the development of new cargo or general aviation facilities specified in the 1997 Airport Master Plan unless the need for such development is demonstrated either by:

  1. An analysis showing that demand for air cargo or general aviation exceeds the availability of such facilities on the airport; or

2. A written commitment by a cargo or general aviation operator to occupy and provide for the funding of the costs of development, maintenance, and operation of such facilities.

• (Ord. 25528.)

In addition to the prerequisites for terminal building construction specified in Sections 25.04.310, 25.04.330, and 25.04.710 of this chapter, the following requirements shall also apply:

• A. New terminal facilities shall only be constructed when the city has obtained and approved adequate written documentation which assures that:

  1. The funding of the costs of development, maintenance, and operation of such facilities will be paid by the users of the facilities, in accor-

     • dance with standard city-established airline rates and charges, agreements, and financing documentation, so as to continue existing city practice and policy that no city general funds are utilized for airport development; and
     2. The city complies with federal law and regulations pertaining to competition and to the city's competition plan for the airport.
  • B. The city manager shall cause a review of the airline leases and rate-setting methodologies to be conducted in order to assure that the agreements are appropriate to properly operate the airport and to finance airport projects in the 1997 Airport Master Plan.

• (Ords. 25528, 26516.)

Part 4

AIRPORT TRAFFIC RELIEF ACT

Sections:

• 25.04.420 All other airport projects not affected.

• 25.04.430 Transportation improvements funded by the airport.

• 25.04.440 Voter approval required for any amendment.

The intent of this part is to:

• A. Guarantee that the traffic and transit projects needed with the expansion of San José International Airport are undertaken in a timely manner.

• B. Allow construction of a new Centralized Terminal Facility when: (i) certain designated traffic improvements specified in Section 25.04.410 below and required as

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§ 25.04.430

a result of airport expansion are within three years of completion; and (ii) when the City Council identifies the funding source for a rail line, such as a fixed guideway transit system, connecting the airport with either the BART station in the City of Santa Clara or the existing light rail system on North First Street.

• C. Allow all other airport projects to proceed immediately, including parking improvements, airport safety projects, terminal renovations, runway improvements and air cargo projects, among others.

• D. Ensure that airport funds are used to pay for the needed transportation improvements to the maximum extent permitted by law, rather than the general fund of the City of San José.

(Ords. 26012, 26013; 2003 Measure A.)

The city may allow the construction of a new Centralized Terminal Facility or expand the number of air carrier gates in existing terminal buildings beyond the existing thirty-one gates when:

• A. The Route 87 Freeway project between I-280 and U.S. 101, including the Skyport Drive Interchange and including expansion of the existing Parkway between Julian Street and 101 to six lanes is determined to be within three (3) years of completion by the City Council at a public meeting and all funding has been identified by the funding agency.

• B. The City Council, at a public meeting, formally identifies the funding source for a rail line, such as a fixed guideway transit system, connecting the airport with the BART station in the City of Santa Clara or with the existing light rail system on North First Street.

• C. Expansion of the I-880/Coleman Avenue interchange by adding a southbound lane on Coleman Avenue as referenced in the

1997 Airport Environmental Impact Report is determined to be within three years of completion by the City Council at a public meeting and all funding has been identified by the funding agency.

• D. Improvements to increase the traffic capacity of the three airport entrances so that the entrances to Airport Boulevard at Airport Parkway and Skyport Drive are designed and constructed to meet a level of service "D," and that the entrance at Coleman Avenue is designed and constructed to meet a level of service "E," each based on the peak hourly traffic demand as contained in projections for the 1997 Airport Master Plan are each determined to be within three (3) years of completion by the City Council at a public meeting and all funding has been identified by the funding agency.

(Ords. 26012, 26013; 2003 Measure A.)

The transportation improvements identified in Section 25.04.410 shall only affect the construction of a new Centralized Terminal Facility or an increase in the number of air carrier gates in the existing terminals. All other projects, including, but not limited to, parking improvements, terminal remodeling or replacement, air cargo improvements, runway improvements and expansion, a new fuel farm, and any project intended to improve airport safety may proceed immediately without the required transportation improvements. (Ords. 26012, 26013; 2003 Measure A.)

To the extent permitted by law, airport funds shall pay for the transportation improvements identified in Section 25.04.410, rather than the general fund of the city.

(Ords. 26012, 26013; 2003 Measure A.)

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§ 25.04.440

The city council shall not amend or modify this part without first obtaining the majority approval of the voters of the city.

(Ords. 26012, 26013, 26516; 2003 Measure A.)

Part 5

AIRPORT NOISE CONTROL PROGRAM COMPLIANCE AND MONITORING

Sections:

• 25.04.530 Airline agreements and negotiations.

• 25.04.550 Limitations to modifications of the airport noise control program.

• 25.04.570 Engine run-ups.

• 25.04.590 Reporting of curfew intrusions.

• 25.04.610 Reserved.

It shall be the policy of the city to seek compliance with the airport noise control program by both administrative action and legal enforcement proceedings available to city. The city shall vigorously enforce the airport noise control program by all such means available under applicable federal and state laws.

(Ord. 25528.)

• A. The city manager and the director shall meet at least annually with all passenger and air cargo air carriers occupying space at the airport in order to emphasize the importance of compliance with the full spirit of the airport noise control program, and to seek voluntary minimization of nighttime operations during curfew hours by such air carriers even when such operations technically comply with the program.

• B. The purpose of the annual meeting is to seek and to continue implementation of a good faith commitment by the air carriers to a good neighbor policy, to include but not be limited to the following elements:

  1. Discuss strategies for all air carriers which schedule operations during the early morning or nighttime time frames surrounding the core curfew hours to prudently schedule arrivals or departures so as to avoid and minimize the potential for early or delayed operations intruding in the restricted hours, even if such operations would be otherwise permitted under the airport noise control program;

  2. Discuss methods by which all air carriers can avoid publishing or advertising any aircraft operation which creates the appearance that the flight is scheduled to, or will occur, during the curfew hours;

  3. Provide complete and accurate information to the airport of the reasons for any operations which occur during the restricted nighttime hours, which information shall be available to the public.

• C. The city manager and the director shall also consult with and encourage all air carriers to adhere to federally approved airport approach patterns so as to continually minimize aircraft noise in neighborhoods.

• D. The director shall publish an annual report of airline compliance and good faith efforts, for review by the city council.

• (Ord. 25528.)

• A. The city shall continue its existing practice and policy, in effect since the airport noise control program and the time-of-day operating restrictions or "curfew" were adopted in 1984, of including in airline and other airport user agreements and leases provisions which require all tenant air carriers and other airport users to abide by rules and regulations of the airport, including the applicable provisions of the airport noise control program.

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§ 25.04.590

• B. Under the federal Airport Noise and Capacity Act of 1990, the city may individually negotiate on a case-by-case basis with an airline or aircraft operator to seek agreements which restrict the operation of Stage 3 aircraft, although the city may not mandate new restrictions for all carriers who do not voluntarily agree, nor unilaterally impose restrictions which would deter new entrants. Therefore, the city shall, to the greatest extent feasible under federal law, seek to negotiate enforcement provisions in appropriate agreements pertaining to use of the airport, regarding the airport noise control program violations, with airline, air cargo and other airport users in the course of discussions pertaining to new facilities.

• (Ord. 25528.)

• A. If, for any reason, the airport noise control program operational limitations pertaining to the time-of-day operating restrictions or "curfew" are modified, the city shall initiate additional environmental review and reconsider the 1997 Airport Master Plan and this implementation program.

• B. No new or revised internal or administrative airport department policy modifications or special aircraft operations authorizations as exceptions to the existing operational restrictions of airport noise control program shall be promulgated. No modifications to the airport noise control program, whatsoever, shall be considered without appropriate environmental analysis, full public review processes, coordination with airport users, approval by the city council at a duly noticed public meeting and clearance from the Federal Aviation Administration.

• (Ord. 25528.)

• A. The director shall continue to monitor and log engine run-ups during the curfew hours and

also include information in the monthly noise summary on the airport website and in the annual airport noise reports concerning numbers and types of engine run-ups.

• B. In the event that high power engine run-ups average more than three per month during the curfew hours in any twelve-month period, the director shall prepare a report to the city council and public review at a properly noticed public meeting.

• C. In the event that high power engine run-ups exceed an average of three per month during the curfew hours in any twelve-month period as provided above, the director shall prepare the necessary studies and initiate amendments to the 1997 Airport Master Plan to provide for construction of a ground run-up enclosure facility at the airport.

(Ords. 25528, 28907.)

The director shall institute and maintain procedures to substantiate the basis for any aircraft operation during the curfew hours, so as to report fairly and accurately the reasons for such operations.

(Ord. 25528.)

Editor’s note— Section 25.04.610, pertaining to Airport Noise Advisory Committee, was repealed by Ordinance 29250, § 35, passed May 7, 2013.

Part 7

ACOUSTICAL TREATMENT PROGRAM

Sections:

• 25.04.710 ACT phases and airport development.

• 25.04.730 Supplemental noise attenuation program for residences.

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§ 25.04.700

• 25.04.780 Contingent noise insulation areas.

• 25.04.790 Authority to enter into contracts.

• 25.04.810 Authority to issue change orders.

• 25.04.830 Authority to accept or amend avigation easements.

The "acoustical treatment program" or "ACT" is the program for the structural acoustical treatment of eligible residences, schools, or other structures from specified levels of aircraft noise within specified areas surrounding the airport in accordance with the 1997 Airport Master Plan EIR. (Ord. 25528.)

• A. The acoustical treatment program for homes within the noise impact area defined by the 65 dB CNEL contour projected for the year 2010 in the 1997 Airport Master Plan shall be completed before the city awards a construction contract or enters into a lease agreement providing for the construction or development of a new terminal building, west side cargo facility, or public parking garage at the airport.

• B. The director shall expedite the acoustical treatment of residences in the acoustical treatment program areas within the 65 dB CNEL contour as of 1994, in an effort to complete the noise attenuation of such program residences in the year 2000.

• C. By no later than the year 2005, the director shall measure aircraft noise levels within residential structures located in areas within the 60 to 65 dB CNEL contours which were determined to have significant noise impacts in the 1997 Airport Master Plan environmental impact report, to determine if interior noise levels exceed 45 dB CNEL due to aircraft noise,

and insulate any eligible structures, in accordance with applicable federal and state laws and regulations.

(Ord. 25528.)

• A. The supplemental noise attenuation program is the airport's program for conducting interior noise level measurements of residential structures and schools to determine eligibility for noise attenuation. The program is to be conducted in those areas surrounding the airport which are within the projected 60 dB CNEL contour for the year 2010 identified in the 1997 Airport Master Plan EIR, but which are not specifically determined by its impact analysis to be significantly impacted by aircraft noise.

• B. The supplemental noise attenuation program shall be conducted on a homeowner request basis, and shall be based on interior noise measurements of the residences.

• C. Eligibility for possible residential noise attenuation soundproofing in the supplemental noise attenuation program shall be determined in accordance with the established criteria of the ACT program. If, due to unanticipated unique or exceptional circumstances, the requested noise measurement of a residence determines that the structure has an aircraft-related interior CNEL noise level of 45 dB or greater, the noise attenuation soundproofing measures in the ACT program shall be made available for such residence.

• D. The objective shall be to conduct any such requested measurements and to complete the sound attenuation of any residences determined to be eligible by the year 2005. The supplemental noise attenuation program, however, shall remain available through the year 2010.

(Ord. 25528.)

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§ 25.04.810

• A. The director shall, as a component of the supplemental noise attenuation program, undertake, upon request, interior noise measurements of public and private schools for which no airport sound attenuation has been provided or avigation easements obtained, and which are within the projected 60 dB CNEL contours for the year 2010.

• B. If due to unanticipated unique or exceptional circumstances, any schools which have not previously been acoustically treated for aircraft noise exposure or otherwise granted noise easements to the city, and which are located within the 60 dB CNEL contours projected for the year 2010, are determined to experience an aircraft-related Leq of 45 or greater during peak aircraft activities occurring during the normal school day, the schools are eligible for the noise attenuation soundproofing measures in the ACT program.

• (Ord. 25528.)

In implementing the ACT program and the supplemental noise attenuation program, the director shall continuously monitor and review noise levels for the 65 and 60 dB CNEL contours and shall compare contours actually measured each year beginning in the year 2000 with the projected 2010 contours contained in the 1997 Airport Master Plan EIR, so as to implement the programs for all residences within the larger of the projected 2010 contour or the measured contour. (Ord. 25528.)

In the event federal funding is made available to city, the city attorney shall present, for council consideration, an amendment to this chapter to expand the ACT program in accordance with the intention as set forth in the implementing resolution adopted pursuant to Section 25.04.1200. (Ord. 25528.)

• A. The director may enter into such design, architectural, or construction contracts or other agreements which are necessary for the installation of residential noise insulation and acoustical treatment in single and multifamily residences, subject to such conditions and limitations as are set forth in this chapter or as may from time to time be imposed by resolution or other action of council.

  1. Where the consideration to be paid by the city under any single contract or agreement does not exceed one hundred thousand dollars; and

  2. For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract or agreement; and

  3. Where the office of the city attorney has approved the contract or agreement as to form.

• B. For purposes of this section, the term "consideration" means money to be paid by the city as compensation for services or other obligations to be performed by the other party to the contract or agreement. The term "consideration" does not include any materials, supplies or equipment which the city may furnish for such work, nor administrative, engineering, inspection, or related services to be provided by the city for such work.

• (Ords. 25528, 26386.)

The director may issue a change order in work being performed pursuant to the installation of residential noise insulation and acoustical treatment in single and multifamily residences. The amount of such change order shall not exceed the following:

• A. Not more than ten thousand dollars for any single change order; and

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§ 25.04.810

• B. The aggregate of all such change orders for a single contract shall not exceed ten thousand dollars.

• (Ord. 25528.)

• A. The director may execute a certificate of acceptance or such other documents as may be necessary for the conveyance, recording and acceptance of avigation easements granted to the city, where such conveyance is granted in connection with:

  1. A parcel map or tentative subdivision map approved pursuant to Title 19; or

  2. A development permit approved pursuant to Title 20; or

  3. A condition of development imposed by the county airport land use commission in accordance with state law; or

  4. Acoustical treatment of a building or structure by the city in order to mitigate noise from aircraft using the airport.

• B. The director may execute amendments or modifications to any avigation easement, if the director finds that the easement maintains or improves the compatibility of the parcel subject to the easement with the safe operation of the airport, consistent with applicable federal, state, and local laws pertaining to aircraft noise and land use compatibility.

• C. Avigation easements or amendment or modifications to such easements shall be approved as to form by the city attorney.

• (Ord. 25528.)

Part 9

AIRFIELD DEVELOPMENT CONDITIONS

which could be accommodated at the airport, given specified operational factors which include ceiling and visibility conditions, runway configuration and use patterns, aircraft fleet mix, air traffic demand, the ratio of arrivals to departures, general aviation touch-and-go operations, runway occupancy times, and airspace system and air traffic control procedures.

• B. If during the implementation of the 1997 Airport Master Plan there are demonstrated changes in the operational factors which vary materially from those assumed factors, and such changes result in numbers of peak hour operations exceeding the one hundred thirty hourly operations capacity estimated in the 1997 Airport Master Plan, the director shall prepare a report to city council on the changed circumstances, such that council may reconsider whether it may be necessary to pursue possible operational restrictions with the Federal Aviation Administration.

• (Ord. 25528.)

• A. The configuration of runways 30L/12R and 30R/12L on the airfield in the 1997 Airport Master Plan does not allow, pursuant to applicable federal laws, regulations, and guidelines, for the conducting of simultaneous landings or takeoffs by transport category aircraft.

• B. A vote by the city council to expand the existing boundaries of the airport as they existed on July 1, 1997, in order to increase separation of runways so as to allow simultaneous landings or takeoffs by transport category aircraft shall require a two-thirds vote of the city council.

• (Ord. 25528.)

Part 11

Sections:

TRANSIT AND TRANSPORTATION PLANNING

• A. The 1997 Airport Master Plan contains estimates of the numbers of peak hour operations

Sections:

• A. The director shall develop an airport transit access master plan, in cooperation with the Santa Clara Valley Transportation Authority, which would support and promote the authority's goals regarding a comprehensive and integrated transit network and transit usage.

• B. Such plan should include a goal of fifteen percent for trips to the airport via mass transit by the year 2005, and include analysis of a convenient connection between the airport and light rail and the Caltrain station.

• (Ord. 25528.)

• A. The city shall participate with other local and regional agencies in developing regional traffic solutions for anticipated level of service deficiencies at airport area intersections and freeway interchanges providing access to the airport, such as the Coleman Avenue/Highway 880 interchange, and the Coleman Avenue/ Airport Boulevard, Airport Boulevard/Airport Parkway, and Airport Boulevard/Terminal Drive North intersections.

• B. The city manager shall submit a status report to the city council on any plans to improve or modify such interchanges or intersection and potential means to fund such improvements prior to council consideration of new terminal buildings or west side air cargo facilities.

• (Ord. 25528.)

The city council shall adopt a resolution or resolutions directing the city staff to work with other agencies and entities towards minimizing aircraft noise, pursuing the eligibility of additional residential areas for federal funding of acoustical treatment, seeking regional cooperation on aviation issues, and achieving labor harmony while facilitating efficient completion of capital projects at the airport. (Ord. 25528.)

An annual evaluation of the 1997 Airport Master Plan shall be presented for city council review. Such evaluation shall include the status of the capital improvement program, the status of passenger, air cargo, and general aviation demand at the airport, and the implementation of required mitigation measures, and an assessment of the status of this implementation program. (Ord. 25528.)