Fremont City Council Meeting: 06/07/22 07:00 PM
3300 Capitol Avenue Div/Dept: Community Services
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4627) DOC ID: 4627 C
Updated: 6/1/2022 12:13 PM by Alberto Quintanilla C Page 1 AMENDMENT TO SECTION 12.20.060 PROHIBITED CONDUCT IN PARKS Introduction Of An Ordinance Amending Fremont Municipal Code Title 12, Streets, Sidewalks And Public Property, Chapter 12.20 Parks And Recreation Areas, Section 12.20.060 Prohibited Conduct Generally, Regarding Drones And Other Motorized Devices In Parks And Recreation Areas And To Find The Adoption Of The Ordinance Exempt From The Requirements Of The California Environmental Quality Act (CEQA) Under Various CEQA Guidelines Contact Persons:
Name: Kim Beranek Suzanne Wolf
Title: Deputy Director Community Services Director
Div/Dept: Community Services Community Services
Phone: 510-494-4330 510-494-4329
E-Mail: [email protected] [email protected]
Executive Summary: Drones were specifically prohibited in all City of Fremont park and recreation areas in June 2021. Staff is recommending an amendment to the existing subsection (y) of Section 12.20.060 to better reflect the authority of the City under the Federal Aviation Administration (FAA) regulations and to add subsection (z) to Section
12.20.060 to clarify the manner that drones and other devices may be operated in the airspace above City parks.
BACKGROUND: In June 2021, the City amended FMC section 12.20.060 to include subsection (y) which states that no person shall launch, land, fly, or operate a drone within any park or recreation area or within the 400 feet above any park or recreation area. Prior to this approved amendment in 2021, staff relied on Subsection (m) which identified model airplanes or similar uses to prohibit drones.
DISCUSSION/ANALYSIS: Section 12.20.060(y) requires a minor amendment to align with the FAA authority by allowing the flying of a drone in the airspace above any park or recreation area. FAA regulations prohibit any regulation of public airspace by any city other than in or around an approved airport. However, the amendment ensures that launching, landing, or operating a drone within any park or recreation area is still prohibited, unless there is an emergency.
Staff is also recommending the addition of subsection (z) to Section 12.20.060 to add additional language to protect the health and safety of wildlife, people, or property from the operation of drones, bicycles, and other motorized devices. This new section will ensure that where drones and other devices are allowed to be operated, that any such operation will be in a safe manner in the airspace above and in parks and recreation areas.
FISCAL IMPACT: None
ENVIRONMENTAL REVIEW: The adoption of the ordinance amending Section 12.20.060 is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, each on a separate and independent basis, the Staff Report (ID # 4627) Meeting of June 7, 2022
Updated: 6/1/2022 12:13 PM by Alberto Quintanilla C Page 2 following sections of Title 14 of the California Code of Regulations: (1) CEQA Guidelines Section 15061(b)(3), in that the ordinance does not have the potential to cause a significant effect on the environment, and is not subject to CEQA review; (2) CEQA Guidelines Section 15378(b)(2) and/or (5), as the ordinance involves and administrative activity of a governmental agency that does not have the potential to cause a significant physical effect on the environment, directly or indirectly, and/or (3) CEQA Guidelines Sections 15307 and/or 15308 as an action by the City for the protection of birds and other wildlife and other natural resources and the environment in City parks.
ATTACHMENTS: None.
LINKS: None.
ATTACHMENTS:
• Draft Ordinance Drones in Parks
RECOMMENDATION:
Waive the first reading and introduce an ordinance amending Section 12.20.060 (“Prohibited conduct generally”) as shown on Exhibit “A”.