TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Quinn M. Barrow, City Attorney
Michael Estrada, Assistant City Attorney
SUBJECT:Title
Second Reading of Ordinance No. 16-0002 Regulating Unmanned Aircraft (Drones) (City Attorney Barrow).
ADOPT ORDINANCE NO. 16-0002
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Recommended Action
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance No. 16-0002.
Body
FISCAL IMPLICATIONS
There are no fiscal implications associated with this action.
BACKGROUND
On January 19, 2016, the City Council introduced Ordinance No. 16-0002.
DISCUSSION
Prior to first reading and introduction of Ordinance No. 16-0002, the Council revised the draft Ordinance to include the following language as subsection B4 to Section 3.70.020-“No Person shall operate any Model Aircraft or Civil UAS which contains, or has affixed or attached to it, a weapon, gun, firearm, handgun, rifle, bb device, assault weapon, bomb, grenade, rocket, rocket-propelled projectile, any device or container assembled for the purpose of causing an explosion, or any other weapon”-and to reletter the subsections that follow subsection B4. At this time, staff recommends that the Council conduct second reading and adopt Ordinance No. 16-0002.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed safety requirements and restrictions on unmanned aircraft are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed safety requirements or restrictions on unmanned aircraft will have a significant effect on the environment. At most, the Ordinance imposes greater limitations on uses and activities in the City, and will thereby serve to eliminate potential significant adverse environmental impacts. The Ordinance will not have an impact on the physical environment, as it will not result in any changes to the environment.
LEGAL REVIEW
The City Attorney has approved the Ordinance as to form.
Attachment:
1. Draft Ordinance No. 16-0002