Part 3 — PROJECT DEVELOPMENT LIMITATIONS AND CONDITIONS
San Jose Municipal Code · 2026-09 edition · updated 2026-09-29 · San Jose
25.04.300 - Passenger facilities development limitations.¶
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:
A total of forty-two air carrier gates;
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.
A total of twelve thousand seven hundred public parking spaces;
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.)
25.04.310 - Passenger facilities development phasing.¶
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:
The conditions specified in Part 4 of this chapter, pertaining to traffic congestion measures, have been met; and
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 pre-requisites 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.)
25.04.330 - General prerequisites to development of airport facilities.¶
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:
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.
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.
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:
An analysis showing that demand for air cargo or general aviation exceeds the availability of such facilities on the airport; or
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.)
25.04.350 - Prerequisites to approval of terminal construction.¶
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:
The funding of the costs of development, maintenance, and operation of such facilities will be paid by the users of the facilities, in accordance 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
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.)
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