San Jose Municipal Code Part 1 Definitions

The definitions contained in this part shall govern the application and interpretation of this chapter. The definitions set forth in Part 3 of Chapter 25.01 of this title shall govern the application and interpretation of the following terms as used in this chapter: "Airport," "Certificated Air Carrier," and "Director."

(Ord. 30674.)

"Actual Denied Boarding Costs" means the actual Denied Boarding Costs incurred by Airlines as a result of Construction Cranes operating above the Downtown Building Heights Limits in the Construction Crane Guidance Area when the Airport is operating in South Flow.

(Ord. 30674.)

"Administrative Program Fee" means the fee for City staff time to administer the Construction Crane Fee Program.

(Ord. 30674.)

"Airline" means a Certificated Air Carrier that has entered into an agreement or operating agreement with City for its use of the Airport's terminal facilities and/or the airfield.

(Ord. 30674.)

"Building Permit" means full structural building permits as well as partial permits such as foundation-only permits, or any other permit or approval issued by City of San José Building Division for a structure within the Construction Crane Guidance Area.

(Ord. 30674.)

"Certificate of Occupancy" (COO) means the permit issued by the City of San José Building Division authorizing the use or occupancy of a building or structure or portion thereof within the Construction Crane Guidance Area.

(Ord. 30674.)

"Construction Crane" means any means and methods used to construct, develop, or improve a structure. Examples include but are not limited to: temporary construction cranes, hoisting devices, and helicopters.

(Ord. 30674.)

"Construction Crane Guidance Area" means that area so designated on that certain map entitled "Construction Crane Guidance Area," on file with the clerk of the City of San José. Said map is incorporated in this section by this reference.

(Ord. 30674.)

"Construction Crane Height Guidance Study" means the study performed by the City of San José to analyze the potential impacts of Construction Cranes on Airline procedures, as accepted by City Council on March 9, 2021.

(Ord. 30674.)

"Crane Fee" means the Actual Denied Boarding Costs plus the Administrative Program Fee.

(Ord. 30674.)

"Denied Boarding Costs" mean involuntarily denied passenger boarding costs incurred by Airlines as a result of Construction Cranes operating above the Downtown Building Heights Limits in the Construction Crane Guidance Area. Denied Boarding Costs may include, but not be limited to, ticket voucher values, compensation and per diem costs.

(Ord. 30674.)

"Developer" means the person, persons, or entity that applies for a Building Permit from the City of San José Building Division to build a structure within the Construction Crane Guidance Area.

(Ord. 30674.)

"Downtown Airspace and Development Capacity Study" (DADCS) means the study performed by the City of San José to use FAA TERPS surfaces as the Downtown Building Height Limits in the Construction Crane Guidance Area, as accepted by the City Council on March 12, 2019, as may be amended.

(Ord. 30674.)

"Downtown Building Height Limits" means the lowest FAA TERPS surfaces limits for building heights that are specific to an individual project site located within the Construction Crane Guidance Area, as set forth in the DADCS.

(Ord. 30674.)

"Estimated Crane Fee" means the Estimated Denied Boarding Costs plus the Administrative Program Fee.

(Ord. 30674.)

"Estimated Denied Boarding Costs" means the estimated Denied Boarding Costs incurred by Airlines as a result of Construction Cranes operating above the Downtown Building Heights Limits in the Construction Crane Guidance Area.

(Ord. 30674.)

"Temporary Certificate of Occupancy" (TCO) means the permit issued by the City of San José Building Division authorizing the temporary use or occupancy of a building or structure or portion thereof prior to its completion within the Construction Crane Guidance Area.

(Ord. 30674.)

"TERPS surfaces" means the United States Standard for Terminal Instrument Procedures used for airspace obstruction evaluation determination, as promulgated by order of the United States Federal Aviation Administration, as may be amended.

(Ord. 30674.)