ACR-MLG OVERSHOT CROSSING RESTRICTION ALT CAUSING LESS THAN STANDARD SEPARATION WITH PRECEDING MLG.

Narrative

A CLRNC WAS RECEIVED WITH AN INITIAL ROUTING; 'SAN JOSE 4 DEP AVENAL TRANSITION. CLB AND MAINTAIN 230.' THE SID CONTAINS AN INITIAL 5000' RESTRICTION UNTIL XING THE SJC 005 DEG R. DEP WAS FROM RWY 30L. THE F/O WAS AT THE CTLS AND 5000' SET AND ARMED IN DFGS #2. FOLLOWING TKOF; AND BEGINNING THE INITIAL TURN TO 120 DEGS; WE SWITCHED TO BAY DEP. THE CTLR ISSUED A WARNING ABOUT HANG GLIDERS IN THE AREA WHICH WERE NOT VISIBLE ON RADAR. WE BOTH WENT OUTSIDE THE COCKPIT. ALMOST SIMULTANEOUSLY WE OBSERVED AN MLG Y NEAR THE SAME ALT AND WHICH WE WERE TURNING INSIDE OF. THE ALT ALERT SOUNDED TAKING US BOTH BACK INSIDE. THE ALT WAS APPROX 5400' AND WE WERE CLBING BTWN 4000-5000 FPM. THE AUTOPLT WAS DISCONNECTED AND MANUAL LEVEL OFF INITIATED. DUE TO THE HIGH CLB RATE LEVEL OFF OCCURRED AT APPROX 6300'; JUST AS BAY DEP ASKED OUR ALT. WE ASKED IF HE WANTED US BACK TO 5000'. HE SAID NO; CONTINUE CLB. ABOUT 3 MINS LATER HE TOLD ME TO CALL BAY DEP UPON LNDG. I CALLED AS REQUESTED. I WAS TOLD NO ALARMS HAD BEEN SET OFF WITH REGARD TO THE MLG Y AND THE AUTOPLT WAS WRITTEN UP. THIS POTENTIAL MIDAIR/ALT EXCURSION CONTAINED SEVERAL INGREDIENTS--A COMPLICATED SID WITH A LOWER ALT RESTRICTION THAN ISSUED BY ATC CLRNC; A LIGHT TKOF GROSS WT RESULTING IN A HIGH INITIAL CLB GRADIENT; AND AN AUTOPLT MALFUNCTION WHICH WAS MISSED DUE TO THE DISTR CREATED BY THE CTLR ISSUING A NONRADAR TFC ADVISORY. THIS LAST POINT I CONSIDER THE PRIMARY REASON FOR THE ALT EXCURSION. IN CONCLUSION; I BELIEVE ATC BEARS SOME BURDEN AND COULD HELP PREVENT FUTURE INCIDENTS BY ISSUING THE HANG GLIDER ADVISORY VIA ATIS OR BY SJC TWR PRIOR TO DEP. ADDITIONALLY; THE INITIAL CLRNC SHOULD ONLY BE TO 5000'.