(A) Aircraft sales. Any lessee desiring to engage in the sale of new or used aircraft must lease and/or provide as a minimum the following:
(1) Land; basic requirement. The leasehold shall contain an adequate tract of land to provide space for building, storage of aircraft, and display.
(2) Buildings; basic requirement. Lease or construct adequate properly lighted, air conditioned, and heated space for office, public lounge, restrooms and public use telephone.
(3) Personnel; basic requirement. One person having a current commercial pilot certificate with ratings appropriate for the types of aircraft to be demonstrated.
(4) Dealerships; basic requirement. New aircraft dealers shall hold an authorized factory or sub dealership. All aircraft dealers shall hold a dealership license or permit if required by state.
(5) Aircraft; basic requirement. A dealer of new aircraft shall have available or on call one current model demonstrator. Optional: provide for demonstrations of additional models of the manufacturer for which a dealership is held.
(6) Services; basic requirement. Provide for adequate parts and servicing of aircraft and accessories during warranty periods (new aircraft).
(7) Hours of operation. The normal operating hours will be at the lessee's discretion, but he should be reasonably available to the public.
(8) Insurance coverage; aircraft liability.
(a) Bodily injury 100,000 each person; 300,000 each accident.
(b) Property damage 100,000 each accident.
(c) Passenger liability 100,000 each passenger; 300,000 each accident.
(d) Comprehensive public liability and property damage.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(B) Aircraft rental. Any lessee desiring to engage in the rental of aircraft to the public must provide as a minimum the following:
(1) Land; basic requirement. The leasehold shall contain adequate land to provide space for aircraft parking and building.
(2) Buildings; basic requirement. Lease or construct building which will provide properly air conditioned, heated and lighted space for office, public lounge, restrooms and public use telephone.
(3) Personnel; basic requirement. One person having a current commercial pilot certificate with appropriate ratings.
(4) Aircraft; basic requirement. One airworthy aircraft owned or leased in writing to the lessee.
(5) Hours of operation; basic requirement. The normal operating hours will be at the lessee's discretion, but he should be reasonably available to the public.
(6) Insurance coverage for owned or leased aircraft.
(a) Aircraft liability.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(b) Student and renter pilot coverage; comprehensive public liability and property damage.
1. Bodily injury 100,000 each person; and
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(C) Flight training. Any lessee desiring to engage in pilot flight instruction shall provide as a minimum the following:
(1) Land; basic requirement. The leasehold shall contain adequate land to provide space for lessee's buildings and aircraft tie downs.
(2) Buildings; basic requirement. Lease or construct a building having properly air conditioned, lighted and heated floor space to provide classroom, briefing room, pilot lounge, restrooms, office space and public use telephone.
(3) Personnel; basic requirement. One person properly certified by FAA as flight instructor to cover the type of training offered. A copy of this certification must be provided and kept on file.
(4) Aircraft; basic requirement. The lessee shall own or have leased to him in writing one properly certified aircraft equipped for flight instruction.
(5) Hours of operation; basic requirement. The normal operating hours will be at the lessee's discretion, but he should be reasonably available to the public.
(6) Insurance coverage for owned or leased aircraft.
(a) Aircraft liability.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident;
3. Property damage 100,000 each accident;
4. Passenger liability 100,000 each passenger; and
5. Three hundred thousand each accident.
(b) Student and renter pilot coverage; comprehensive public liability and property damage.
1. Bodily injury 300,000 each accident; and
2. Property damage 100,000 each accident.
(D) Public aircraft fuels and oil dispensing service. Lessees desiring to dispense aviation fuels and oil and provide other related services, such as tie down and parking, shall provide as a minimum the following services and facilities:
(1) Land; basic requirement. The leasehold shall contain adequate land to provide for buildings, aircraft parking area equipped with six tie downs and dispensing equipment.
(2) Buildings; basic requirement. Construct or lease a building providing properly lighted, air conditioned and heated floor space for office, public lounge, restrooms and public use telephone.
(3) Personnel; basic requirement. One properly trained person shall be on duty during operating hours. Solicitation of fueling services in a loud, boisterous, offensive or obstructive manner shall not be permitted. The concessionaire and his employees will maintain a friendly and cooperative, though competitive, relationship with other companies engaged in like business.
(4) Aircraft service equipment; basic requirement. Emergency starting equipment, adequate fire extinguishers.
(5) Services; basic requirement. Fuel, park and tie down aircraft, oil.
(6) Fuel; basic requirement. Lessee shall provide at least two grades of aircraft fuel, including 100 octane, when provided, shall meet the designated FAA specifications for the type of fuel being provided and shall be supplied only to those aircraft that have been certified under the appropriate supplemental type certificate to use this fuel.
(7) Fuel facilities; basic requirement. Two metered filter-equipped dispensers fixed or mobile for dispensing two grades of aviation fuel. Separate dispensing pumps and meters for each grade of fuel are required.
(a) Trucks. If lessee elects to utilize mobile dispensing trucks, such trucks shall have a minimum capacity of 750 gallons for 100 low lead and 3,000 gallons for Jet A. Each truck shall have proper markings and labeling for the fuel dispensed as per NPFA 407. No mobile unit shall have a combination of tanks to disperse more than one applicable fuel at any given time. Trucks shall be properly maintained, operated and equipped in accordance with applicable FAA, Authority and National Fire Protection Association 407 and FAA requirements and regulations.
(b) Tank farm. If lessee elects to utilize fixed storage tanks, lessee shall furnish at least two aircraft fuel storage tanks with a capacity of 12,000 each with proper markings and filtration equipment.
1. Fuel storage tanks shall be above ground and located in a location approved by the proper authority at the airport or a city representative. All tanks must be designed as required by NFPA-30 and NFPA-407. Lessee is responsible for all permits and construction documents as required by the FAA, EPA, state, and city.
2. Lessee shall obtain public and non-public aircraft fuel dispensing permits to dispense aviation fuel at the Pleasanton Municipal Airport and, and has issued and may issue licenses to receive, store, or dispense fuel at the Pleasanton Municipal Airport, which permits and requires, among other things, the payment to the city of fuel flowage fee for each gallon of aviation fuel received by the permittee or licensee at the Pleasanton Municipal Airport during the term thereof, and reserve the right by the city to increase or decrease the fuel flowage fee as the city may determine.
3. Lessee shall pay the City of Pleasanton Municipal Airport a fuel flowage fee in the amount of $0.20 for each gallon of aviation fuel received by holders of public and non-public permits or licenses.
4. All plans and specifications for improvements on tank farm (including landscaping) shall be prepared and presented to the Authority and shall require the written approval of the Authority before any construction or installation may be undertaken.
5. All construction or improvements on tank farms shall conform with any general
architectural requirements of Authority and shall be undertaken in accordance with local, state and federal codes, ordinances and regulations now in force or hereinafter prescribed by authority of law. Lessee shall, at its sole cost and expense, obtain all necessary building permits and all labor and material bonds.
6. Lessee shall, at its sole cost and expense, maintain fuel farm, all improvements thereon, and all appurtenances thereto, in a presentable condition consistent with good business practice and equal in appearance and character to other similar improvements on said airport. Lessee shall repair all damages caused by its employees, patrons, or their operation thereon; shall maintain and repair all equipment thereon; and shall keep its premises in a safe, neat, attractive and good physical condition.
7. Lessee shall, in the event it shall become necessary to make physical changes on its premises, promptly make such changes and installations at its sole expense, subject to the approval of the Authority, who in their reasonable discretion, shall be the sole judge of the quality of maintenance. Upon written notice by Authority to lessee, lessee shall be required to perform whatever reasonable maintenance Authority deems necessary. If said maintenance is not undertaken by lessee within ten days after receipt of written notice, Authority shall have the right to enter upon the demised premises and perform the necessary maintenance the cost of which shall be borne by lessee.
(8) Hours of operation; basic requirement. The normal operating hours will be at the lessee's discretion, but he should be reasonably available to the public.
(9) Insurance coverage; comprehensive public liability and property damage.
(a) Bodily injury 100,000 each person;
(b) Three hundred thousand each accident;
(c) Property damage 100,000 each accident; and
(d) Hangar keepers liability 100,000 each accident.
(10) Fire extinguishers will be readily available during all refueling or defuelling. Personnel will be trained in the use of such equipment as well as in rescue operations. Such persons will attend all training provided by local Fire Marshal or the Authority.
(11) Static discharging ground wires will be attached to the aircraft, the fuel tank, or refueling pit, and to zero potential (ground) before any fueling operations. Grounding rods of sufficient length to reach permanent underground moisture will be conveniently located.
(12) Adequate fuel filters and water traps will be installed on all fuel handling equipment and a suitable program for periodically conducting water contamination checks will be established and followed.
(13) Personnel used to dispense aircraft fuels and lubricants will be trained in the proper recognition of aircraft fuel tank markings, kinds and grades of aircraft fuels and lubricants, and safety precautions necessary for fuel handling. Such personnel must either be in uniform while servicing aircraft or wear sufficient distinguishing clothing so that the public may know which person is authorized to dispense petroleum products.
(14) In all matters related to aircraft fueling safety and servicing, the provisions of NFPA Manual 407 "Aircraft Fuel Servicing", together with American Petroleum Institute quality control standards, as such documents may be amended from time to time, shall be used as the basis for all airport fueling operations. Copies thereof are on file with the Airport Manager. In the event of conflict between such documents and the standards set forth elsewhere herein, the standards set forth herein shall control.
(15) Public aircraft fuels and oil dispensing service FBO cannot be located in a T-hangar. T-hangars are designated for the storage of aircraft and aircraft-related items only.
(E) Non-public aircraft fuels and oil dispensing. Lessees desiring to conduct non-public aircraft fuel and oil dispensing shall meet the following minimum standards and provide the following minimum facilities. Restriction: lessees holding non-public aircraft fuels dispensing permits shall not sell or deliver aircraft fuels to anyone other than lessee. Fueling of any aircraft not owned or leased by lessee (except in case of emergency) shall result in immediate revocation of the right to bring fuel upon, or store fuel on, airport property. Upon request by Authority, lessee shall provide evidence of ownership or lease of any aircraft being fueled. A corporation may not be formed for the expressed purpose of providing fuel services under this standard.
(1) Personnel; basic requirement. Personnel engaged in dispensing aircraft fuel shall be properly trained with regard to safety procedures.
(2) Fuel; basic requirement. Lessee shall provide only the type or grade of fuel required to service the lessee's aircraft.
(3) Fuel facilities; basic requirement. Metered, filter-equipped dispensers fixed or mobile for dispensing grades of gasoline required. Separate dispensing pumps and meters for each grade of fuel are required.
(a) Trucks. If lessee elects to utilize mobile dispensing trucks, such trucks shall have a minimum capacity of 250 gallons for each fuel type provided. Trucks shall be properly maintained, operated and equipped in accordance with applicable FAA, Authority and National Fire Protection Association recommendations, requirements and regulations.
(b) Tank farm.
1. If lessee elects to utilize fuel storage tanks, lessee shall furnish at least two aircraft fuel storage tanks with a capacity of 12,000 gallons each with proper markings and filtration equipment.
2. Fuel storage tanks shall be designed as required by NFPA-30 and NFPA-407 and approved by the proper authority at the airport or a city representative. Lessee is responsible for all permits and construction documents and comply as required by FAA, EPA, the state and city.
3. All plans and specifications for improvements on tank farm (including landscaping) shall be prepared and presented to the Authority and shall require the written approval of the Authority before any construction or installation may be undertaken.
4. All construction or improvements on tank farms shall conform with any general architectural requirements of Authority and shall be undertaken in accordance with local, state and federal codes, ordinances and regulations now in force or hereinafter prescribed by authority of law. Lessee shall, at its sole cost and expense, obtain all necessary building permits and all labor and material bonds.
5. Lessee shall, at its sole cost and expense, maintain fuel farm, all improvements thereon, and all appurtenances thereto, in a presentable condition consistent with good business practice and equal in appearance and character to other similar improvements on said airport. Lessee shall repair all damages caused by its employees, patrons, or their operation thereon; shall maintain and repair all equipment thereon; and shall keep its premises in a safe, neat, attractive and good physical condition.
6. Lessee shall, in the event it shall become necessary to make physical changes on its premises, promptly make such changes and installations at its sole expense, subject to the approval of the Authority, who in their reasonable discretion, shall be the sole judge of the quality of maintenance. Upon written notice by Authority to lessee, lessee shall be required to perform whatever reasonable maintenance Authority deems necessary. If said maintenance is not undertaken by lessee within ten days after receipt of written notice, Authority shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be borne by lessee.
(4) Insurance coverage.
(a) Aircraft liability.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(b) Amount under basic coverage may be increased if warranted. Motor vehicle liability;
and
(c) Physical damage may be required.
(5) Fire extinguishers will be readily available during all refueling or defuelling. Personnel will be trained in the use of such equipment as well as in rescue operations. Such persons will attend appropriate training provided by local Fire Marshal or the Authority.
(6) Static discharging ground wires will be attached to the aircraft, the fuel tank, or refueling pit, and to zero potential (ground) before any fueling operations. Grounding rods of sufficient length to reach permanent underground moisture will be conveniently located.
(7) Adequate fuel filters and water traps will be installed on all fuel handling equipment and a suitable program for periodically conducting water contamination checks will be established and followed.
(8) In all matters related to aircraft fueling safety and servicing, the provisions of NFPA Manual 407 "Aircraft Fuel Servicing", together with American Petroleum Institute quality control standards, as such documents may be amended from time to time, shall be used as the basis for all airport fueling operations. Copies thereof are on file with the Airport Manager. In the event of conflict between such documents and the standards set forth elsewhere herein, the standards set forth herein shall control.
(9) Non-public aircraft fuels and oil dispensing service FBO cannot be located in a T-hangar. T-hangars are designated for the storage of aircraft and aircraft-related items only.
(F) Airframe and/or power plant repair. Any lessee desiring to engage in airframe and/or power plant repair service must provide as a minimum the following:
(1) Land; basic requirement. The leasehold shall contain an adequate space for all building and temporary parking of aircraft.
(2) Buildings; basic requirement. Lease or construct a building sufficient to provide shop and hangar space meeting local and state industrial code requirements plus adequate office space. Provide public use telephone.
(3) Personnel; basic requirement. One person currently certified by FAA with ratings appropriate for work being performed who may hold an airframe and/or powerplant rating.
(4) Hours of operation; basic requirement. The normal operating hours will be at the lessee's discretion, but he should be reasonably available to the public.
(5) Equipment; basic requirement. Sufficient equipment, tools, supplies and availability of parts to perform maintenance in accordance with manufacturer's recommendations or equivalent.
(6) Insurance coverage.
(a) Comprehensive public liability and property damage.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(b) Hangar keepers liability. Coverage depends on type and number of aircraft serviced at any one time.
(7) Airframe and/or power plant repair FBO cannot be located in a T-hangar. T-hangars are designated for the storage of aircraft and aircraft-related items only.
(8) Under FAA Order 5190.61, the T-hangar tenant is allowed to perform maintenance on the aircraft within/on the leased premises with its own equipment, employees, and/or agents. This maintenance must not be done, however, in a manner that is unsafe, unsightly, or detrimental to the efficient use of the airport facilities by others.
(G) Air taxi service. Lessees desiring to engage in air taxi service must hold an FAA Air Taxi-Commercial Operator Certificate with ratings appropriate to the functions to be accomplished, and provide as a minimum the following:
(1) Land; basic requirement. The leasehold shall contain an adequate tract of land for building.
(2) Buildings; basic requirement. Lease or construct a building providing properly heated, air conditioned and lighted space for office, public lounge, restrooms and public use telephone.
(3) Personnel; basic requirement. One FAA certified commercial pilot who is appropriately rated to conduct air taxi service offered.
(4) Aircraft; basic requirement. One four-place aircraft meeting all the requirements of the air Taxi/commercial operator certificate held.
(5) Hours of operation; basic requirement. The normal operating hours will be at the lessee's discretion, but he should be reasonably available to the public.
(6) Insurance coverage.
(a) Aircraft liability.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident;
3. Property damage 100,000 each accident; and
4. Passenger liability 100,000 each passenger.
(b) Comprehensive public liability and property damage.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(H) Radio, instrument, or propeller repair service. Lessees desiring to provide a radio, instrument or propeller repair service must hold an FAA repair station certificate and ratings for same and provide as a minimum the following:
(1) Land; basic requirement. The leasehold shall contain adequate land for building.
(2) Buildings; basic requirement. Construct or lease a building providing properly lighted, air conditioned and heated space to house office, restroom facilities and minimum shop and hangar space as required for FAA repair shop certification. Public use telephone.
(3) Personnel; basic requirement. One FAA certified repairman qualified in accordance with the terms of the repair station certificate.
(4) Hours of operation; basic requirement. The normal operating hours will be at the lessee's discretion, but he should be reasonably available to the public.
(5) Insurance coverage.
(a) Hangar keepers liability;
(b) Products liability (as determined by lessee, and approved by Authority);
(c) Comprehensive public liability and property damage:
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(6) Radio, instrument, or propeller repair service FBO cannot be located in a T-hangar. T-hangars are designated for the storage of aircraft and aircraft-related items only.
(I) Aerial applications. Lessees desiring to engage in aerial application operations must hold an agricultural aircraft operator certificate issued by the FAA; comply with requirements of the state and political subdivisions thereof; and provide, as a minimum the following:
(1) Land; basic requirement. Leasehold shall contain an adequate tract of land to provide for buildings, aircraft parking and tie down, and parking space for loading vehicles and equipment.
(2) Buildings; basic requirement. Lease or construct building space for office and storage. Telephone.
(3) Personnel; basic requirement. One person holding current FAA commercial certificate, properly rated for the aircraft to be used and meeting the requirements of appropriate FAA regulations and applicable regulations of the state.
(4) Aircraft; basic requirement. One aircraft which will be airworthy, meeting all the requirements of appropriate FAA regulations and applicable regulations of the state. This aircraft shall be owned or leased by agreement in writing and based on the lessee's leasehold.
(5) Facilities; basic requirement. A segregated chemical storage area protected from public access. Wash down of agricultural spraying aircraft and flushing of ag aircraft spray tanks will be accomplished only in areas so designated and in accordance with applicable EPA, State Water Commission, State Department of Agriculture, and State Department of Health rules and regulations. Empty chemical containers will be disposed of in accordance with applicable federal and state laws.
(6) Hours of operation. The normal operating hours will be at the lessee's discretion but he should be reasonably available to the public.
(7) Insurance coverage.
(a) Aircraft liability.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(b) Comprehensive public liability and property damage.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(c) Performance bond; and
(d) Chemical damage (as determined by lessee and approved by Authority).
(8) Agricultural spraying operations will be conducted in accordance with procedures approved by the Authority and only from the areas designated on the airport. Careless handling of chemicals, indifference toward policing the area, or intimidation of other aircraft users will not be tolerated.
(9) Aerial applications FBO cannot be located in a T-hangar. T-hangars are designated for the
storage of aircraft and aircraft-related items only.
(J) Specialized commercial flight services.
(1) Lessees desiring to engage in the specialized commercial air activities including but not limited to those listed below shall provide as a minimum the following:
(a) Banner towing and aerial advertising;
(b) Aerial photography or survey;
(c) Firefighting or fire patrol;
(d) Power line or pipeline patrol; and
(e) Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations.
(2) Land; basic requirement. Leasehold shall contain an adequate tract of land to provide for buildings, aircraft parking and tie downs.
(3) Buildings; basic requirement. Construct or lease an adequate building with properly heated and lighted floor space for office. Telephone.
(4) Personnel; basic requirement. One person having a current commercial pilot certificate with appropriate ratings for the aircraft to be flown. Optional: additional certified personnel with appropriate ratings. Office to be attended during operating hours.
(5) Aircraft; basic requirement. One properly certified aircraft owned or leased in writing to the lessee.
(6) Hours of operation; basic requirement. The normal operating hours will be at the operator's discretion, but he should be reasonably available to the public.
(7) Insurance coverage for owned or leased aircraft.
(a) Aircraft liability.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(b) Comprehensive public liability and property damage.
1. Bodily injury 100,000 each person;
2. Three hundred thousand each accident; and
3. Property damage 100,000 each accident.
(K) Flying clubs. In an effort to foster and promote flying for pleasure, develop skills in aeronautics, including piloting, navigation, and an awareness and appreciation of aviation requirements and techniques, the category of flying clubs is added to the standards of the airport. All flying clubs desiring to base their aircraft and operate on the airport must comply with the applicable provisions of these standards and requirements. However, they shall be exempt from regular fixed base operator requirements upon satisfactory fulfillment of the conditions contained herein.
(1) The club shall be a nonprofit entity (corporation, association or partnership) organized for the express purpose of providing its members with aircraft for their personnel use and enjoyment only. The ownership of the aircraft must be vested in the name of the flying club (or owned proportionately by all of its members). Each member must be a bona fide share owner of the aircraft or a stockholder in the corporation. The property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance and replacement of its aircraft.
(2) Flying clubs may not offer or conduct charter, air taxi, or rentals of aircraft operations. They may not conduct aircraft flight instruction except for regular members, and only members of the flying club may act as pilot in command of the aircraft except when receiving dual instruction. No flying club shall permit its aircraft to be utilized for the giving of flight instruction to any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instructions, except when instruction is given by a lessee based on the airport, who provides flight training. Any qualified mechanic and/or instructor who is a registered member and part owner of the aircraft owned and operated by a flying club shall not be restricted from doing maintenance work and/or giving instruction in aircraft owned by the club, so long as the club does not become obligated to pay for such maintenance work or instruction, except that such mechanics and instructors may be compensated by credit against payment of dues or flight time.
(3) All flying clubs and their members are prohibited from leasing or selling any goods or services whatsoever to any person or firm other than a member of such club at the airport except that said flying club may sell or exchange its capital equipment.
(4) A flying club shall abide by and comply with all federal, state and local laws, ordinances, regulations and the rules and regulations of this airport management.
(5) The flying club, with its permit request, shall furnish the airport management a copy of its charter and bylaws, articles of association, partnership agreement or other documentation supporting its existence; a roster or list of members, including names of officers and directors, and investment share held by each member to be revised on a semi-annual basis; evidence of insurance in the form of a certificate of insurance withhold harmless clause in favor of the airport, its officers and employees (ten days prior notice of cancellation shall be filed with airport management); number and type of aircraft; evidence that aircraft are properly certified; evidence that ownership is vested in the club; and operating rules of the club. In addition, the club shall maintain a set of books showing all club income and expenses. Said books shall be available for inspection by airport management to determine compliance with this provision.
(6) Insurance coverage; comprehensive public liability and property damage.
(a) Bodily injury 100,000 each person;
(b) Three hundred thousand each accident; and
(c) Property damage 100,000 each accident.
(7) A flying club which violates any of the foregoing, or permits one or more members to do so, will be notified in writing of the violation and given ten days in which to correct said violation. Should such violation not be corrected within ten days, a public hearing will be held for the purpose of considering termination of tenancy.
(Ord. 20-1245, passed 5-21-2020)