§ 18.60.270 — Developments Located Within the Airport Influence Area

A. All projects located within the Airport Influence Area shall be subject to the following requirements: 1. When measuring development height for consistency with the San Jose International Airport (SJC) Comprehensive Land Use Plan (CLUP) Part 77 Surfaces, height is to be measured from mean sea level (MSL) to the top of the highest point of any proposed structure. The height of any proposed structure is subject to height policies outlined in Sections 4.3.3.1 and 4.3.4.1 of the SJC CLUP and may not exceed the Part 77 Surface immediately above that proposed structure. In the case of structures or objects within the SJC AIA, if that structure or object penetrates the FAR Part 77 surface, the proponent may submit the project data to the FAA for evaluation and air navigation hazard determination, in which case the FAA's determination shall prevail. 2. To ensure compliance with safety zone policies in the SJC Comprehensive Land Use Plan (CLUP), all proposed housing development within the various safety zones must conform to the applicable density allowances and open space/open area requirements as outlined in Section 4.3.5.1 and Table 4-2 of the SJC CLUP. 3. To ensure compliance with noise related policies and guidelines, all proposed housing development / new housing accommodations must conform to the CNEL Noise Compatibility Guidelines and Section 4.3.2.1 and Table 4-1 of the SJC CLUP. 4. Where legally allowed, dedication of an avigation easement to the City of San Jose shall be required to be offered as a condition of approval on all projects located within an Airport Influence Area, other than reconstruction projects as defined in paragraph 4.3.7 of the SJC CLUP. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of SJC CLUP.