PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.H
Meeting Date: April 15, 2025
TITLE:
Adoption (Second Reading) of an Ordinance Adding Chapter 8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones)
RECOMMENDATION:
Adopt an Ordinance adding Chapter 8.22 Unmanned Aircraft Systems to, and amending Chapter 12.20 of, the City of Pismo Beach Municipal Code, relating to regulation of drones.
DISCUSSION:
On April 1, 2025, the City Council introduced an ordinance adding Chapter 8.22 to the Pismo Beach Municipal Code relating to operation of unmanned aircraft systems (drones), and amending Chapter 12.20 relating to operation of drones in the beach safety zone. The subject ordinance (Attachment 1) was introduced with modifications, and it is now being returned for adoption.
The staff report for the April 1, 2025 agenda item, which includes background and analysis, is provided as Attachment 2.
At the time of introduction, the Council directed that limitations on launching drones near schools and City-owned properties be reduced from a distance of five hundred feet to a distance of two hundred fifty feet, and that the penalty for violation be reduced from a misdemeanor to an infraction.
Conclusion and Recommendation
Staff recommends that the Council adopt an ordinance adding Chapter 8.22 to the Pismo Beach Municipal Code relating to operation of unmanned aircraft systems (drones), and amending Chapter 12.20 relating to operation of drones in the beach safety zone.
If the Council acts to adopt the ordinance as recommended, it will become effective by statute 30 days thereafter.
FISCAL IMPACT:
There is no anticipated fiscal impact from this request or from any of the code changes proposed herein. If adopted, the codification of this ordinances will be absorbed by the adopted City Clerk Division budget.
ATTACHMENTS:
1. Drone ordinance as introduced
2.April 1, 2025 staff report
9.H-1Council Agenda 4-15-2025
Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
9.H-2Council Agenda 4-15-2025
ORDINANCE NO. O-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 8.22 UNMANNED AIRCRAFT SYSTEMS TO, AND AMENDING CHAPTER 12.20 OF, THE CITY OF PISMO BEACH MUNICIPAL CODE,
RELATING TO REGULATION OF DRONES
WHEREAS, the use of unmanned aircraft systems, commonly referred to as “drones”, has increased due to the widespread availability of inexpensive drone products; and WHEREAS, numerous instances of drone interference with fire and emergency services and invasion of privacy through the use of drones have been documented in the media; and
WHEREAS, operation of drones is generally subject to federally preemptive regulation by the Federal Aviation Administration (FAA); and
WHEREAS, in July 2023, the FAA’s Chief Counsel’s Office issued an updated “Fact Sheet” relating to state and local regulation of unmanned aircraft systems; and WHEREAS, in the Fact Sheet, the FAA explicitly recognized that laws traditionally related to state and local police power whose objectives are not aimed at aviation safety or airspace efficiency were generally not subject to federal regulation; and WHEREAS, the City Council finds that it has police powers and authority to issue regulations related to land use, zoning, privacy, and law enforcement operations, and that the exercise of such power and authority herein is not preempted by federal or state law; and
WHEREAS, public necessity, convenience, and general welfare justify the proposed addition of Chapter 8.22, Unmanned Aircraft Systems, to Title 8 of the Pismo Beach Municipal Code, along with related minor revisions in Title 12.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
A new Chapter 8.22 is hereby added to the Pismo Beach Municipal Code, to read as follows:
Attachment 1
9.H-3Council Agenda 4-15-2025
Chapter 8.22 UNMANNED AIRCRAFT SYSTEMS
8.22.010 Purpose.
The purpose of this chapter is to establish regulations that preserve the quality of life for residents, businesses, and visitors through education and enforcement of unmanned aircraft system (UAS) operation within city limits. This chapter is designed not to restrict individuals operating UAS in compliance with all applicable Federal Aviation Administration (FAA) rules and other relevant laws, and outside of designated prohibited areas. It is not intended to preempt FAA rules; instead, it aims to work in conjunction with those rules to promote public safety and privacy while acknowledging the FAA's limitations in enforcement capabilities.
8.22.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings set forth below, unless context specifically indicates a different meaning:
“Commercial Operation” means any flight of a UAS where the operation is conducted for compensation or hire.
“Drone” means any UAS.
“Emergency response” means any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts. “FAA” means the Federal Aviation Administration.
“Ground” means any solid or stable surface from which a UAS can be launched into the air, including but not limited to, terrestrial surfaces, vehicles, water bodies, platforms, or other similar structures that provide a stable base for the UAS. “Launch” means to initiate the ascent of a UAS from the ground by any means. “Land” means to cause a UAS to descend and come to rest on the ground by any means.
“Operator” means a person or entity who is responsible for the operation of a UAS, including the piloting of the UAS and compliance with relevant regulations and safety standards.
“Person” means any individual, limited liability company, partnership, corporation, or joint venture.
Attachment 1
9.H-4Council Agenda 4-15-2025
“Public UAS” means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.
“Unmanned aircraft system” or “UAS” shall mean an aircraft, without a human pilot on board, that is controlled from an operator on the ground, to include, but not be limited to, any communication links and components that control the UAS, and operates without the possibility of direct human intervention from within or on the aircraft.
“Visual line of sight” means that the operator has an unobstructed view of the UAS.
The operator must use the operator’s own natural vision, which includes vision corrected by standard eyeglasses or contact lenses, to observe the UAS. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the UAS do not constitute visual line of sight of the operator.
8.22.030 Local regulations of UAS.
A.No person shall launch or land a UAS outside of the person's visual line of sight.
B.No person shall launch or land a UAS within twenty-five (25) feet of another person, except the UAS operator or the operator's designee.
C.No person shall launch or land a UAS on private property or public property other than property owned by the city without the prior written consent of the property owner.
D.No person shall launch or land a UAS from property owned or otherwise controlled by the city unless granted prior written permission by the city, or pursuant to a special event permit issued under Chapter 12.16. The designation of city-owned property subject to this subsection shall be at the discretion of the city manager or designee.
E.No person shall launch or land a UAS within one thousand five hundred (1,500) horizontal feet of any aircraft.
F.No person shall launch or land a UAS equipped with any type of weapon.
G.No person shall engage in commercial operation of a UAS within the city without having obtained a city business license pursuant to Chapter 5.04 of this code.
Attachment 1
9.H-5Council Agenda 4-15-2025
H.No person shall engage in commercial operation of a UAS for filming purposes without having obtained a city film permit pursuant to Chapter 5.44 of this code or a special event permit issued under Chapter 12.16 of this code, either of which must explicitly permit the use of a UAS in connection with the permitted activity.
8.22.040 No reckless endangerment.
No person shall launch or land a UAS in a reckless manner that creates a substantial risk of serious physical injury to any person or substantial damage to the property of another.
8.22.050 Time, place, and manner restrictions.
A.No person shall launch or land a UAS within one thousand (1,000) feet of any emergency vehicle that is operating with lights and/or sirens.
B.No person shall launch or land a UAS within one thousand (1,000) feet of any emergency response.
C.No person shall launch or land a UAS in violation of any temporary flight restriction issued by the FAA.
D.No person shall launch or land a UAS within two hundred fifty (250) feet of a school facility without prior notification and written authorization from school officials. UAS operators must have in their possession a copy of the written or electronic authorization from the school when they launch or land a UAS within two hundred fifty (250) feet of a school facility.
E.No person shall launch or land a UAS within two hundred fifty (250) feet of any city-owned property without prior notification and written authorization from the city manager or designee.
F.No person shall launch or land a UAS for the purpose of capturing a person's visual image, audio recording, or other physical impression in any place where that person would have a reasonable expectation of privacy.
8.22.060 Exemptions.
This chapter shall not apply to any public UAS.
8.22.070 Violations—Penalties.
Any violation of the provisions of this chapter shall be an infraction.
Attachment 1
9.H-6Council Agenda 4-15-2025
SECTION 3.
Section 12.20.080 of the Pismo Beach Municipal Code is hereby revised to read as follows:
No person shall launch or land aircraft in the area of the safety zone and play area.
Operation of unmanned aerial systems, commonly referred to as drones, shall be permitted in the safety zone and play area only as set forth in Chapter 8.22 of this code.
SECTION 4.
Section 12.20.110 Beach safety zone—Exceptions of the Pismo Beach Municipal Code is hereby revised to read as follows:
The provisions of this chapter shall not apply to any vehicle, unmanned aircraft systems as defined in Chapter 8.22 of this code, other aircraft, or animal operated, driven, or led into said safety zone and play area by an official lifeguard of the city, or by a member of the police or fire department, or by another official of the city, or another person acting under the direction of such official, when such use is in connection with the performance of the official duties of such official. The city manager or designee may grant additional temporary exceptions to the provisions of this chapter.
SECTION 5.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 6.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
Attachment 1
9.H-7Council Agenda 4-15-2025
SECTION 7.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 8.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 1st day of April, 2025, on motion of Council Member Inman, seconded by Mayor Pro Tem Reiss, and on the following roll call vote, to wit:
AYES: 4 Inman, Reiss, Guthrie, Waage
NOES: 1 Newton
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Attachment 1
9.H-8Council Agenda 4-15-2025
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. O-2025-XXX, titled AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 8.22 UNMANNED AIRCRAFT SYSTEMS TO, AND AMENDING CHAPTER
12.20 OF, THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO REGULATION OF DRONES, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this ____th day of ______________, 2025. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
Attachment 1
9.H-9Council Agenda 4-15-2025
PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.B
Meeting Date: April 1, 2025
TITLE:
Introduction (First Reading) of an Ordinance Adding Chapter 8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones)
RECOMMENDATION:
Introduce an Ordinance adding Chapter 8.22 Unmanned Aircraft Systems to, and amending Chapter 12.20 of, the City of Pismo Beach Municipal Code, relating to regulation of drones.
DISCUSSION:
The increasing use of unmanned aerial systems (drones) has raised concerns regarding public safety and privacy. While federal aviation law generally preempts local regulations relating to drone flight operations in the air, local jurisdictions retain authority over where drones may take off and land. The proposed ordinance (Attachment 1) establishes regulations to ensure responsible drone usage while maintaining compliance with federal law.
The proposed ordinance establishes a broad regulatory structure, setting forth the limitations on launching and landing drones throughout the City. Generally, the restrictions are as follows:
x Drones may only take off and land within the operator’s visual line of sight. x Drones may not take off or land within 25 feet of another person (except the operator’s designee).
x Drones may not take off or land from city property, or within 500 feet of city property without prior written permission of the City; Special Events Permits and Film Permits may include such permission.
x Drones may not take off or land within 1,000 feet of emergency response incidents. x Drones may not take off or land on private property without written owner consent of the property owner.
x Drones may not take off or land within 500 feet of schools without written authorization from a school official.
x Drones may not have weapons attached.
x Reckless operation that poses a substantial risk to persons or property is prohibited.
x FAA Temporary Flight Restrictions must be observed.
Council Agenda 4-1-2025 12.B-1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-10Council Agenda 4-15-2025
x Drones may not take off or land for the purpose of capturing a person's visual image, audio recording or other physical impression in any place where that person would have a reasonable expectation of privacy.
Commercial operation of drones will require a business license, and if the commercial operation is for the purpose of filming, a city film permit or special event permit will be required. Use of drones by public agencies for public purposes will be exempt from the provisions of the ordinance.
Currently, there is only one section of the municipal code that regulates drones, which prohibits operation in the beach safety and play area under Section 12.20.080. This section would be revised to authorize operation of drones in that area only as permitted under Chapter 8.22.
Operators of drones who violate this ordinance would be subject to citation.
Alternatives
The City Council may refer the ordinance back to staff for clarification or additional limitations on areas where drones may be launched or landed, or decline to introduce the ordinance. The latter course of action is not recommended, as there are currently no effective drone regulations in the city, leading to confusion about where and when drones may be operated legally.
Conclusion and Recommendation
Staff recommends that the Council introduce an Ordinance adding Chapter 8.22 to the Pismo Beach Municipal Code relating to operation of unmanned aircraft systems (drones), and amending Chapter 12.20 relating to operation of drones in the beach safety zone (Attachment 1). If the Council acts to introduce the Ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
The fiscal impact of introducing the attached Ordinance is expected to be minimal.
Enforcement costs will depend on the number and frequency of violations of the ordinance, but are expected to be within budgeted code enforcement resources.
ATTACHMENTS:
1. Ordinance O-2025-XXX
Submitted by:
Dave Fleishman, City Attorney
City Manager Approval:
Council Agenda 4-1-2025 12.B-2
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-11Council Agenda 4-15-2025
ORDINANCE NO. O-2025-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 8.22 UNMANNED AIRCRAFT SYSTEMS TO, AND AMENDING CHAPTER 12.20 OF, THE CITY OF PISMO BEACH MUNICIPAL CODE,
RELATING TO REGULATION OF DRONES
WHEREAS, the use of unmanned aircraft systems, commonly referred to as “drones”, has increased due to the widespread availability of inexpensive drone products; and WHEREAS, numerous instances of drone interference with fire and emergency services and invasion of privacy through the use of drones have been documented in the media; and
WHEREAS, operation of drones is generally subject to federally preemptive regulation by the Federal Aviation Administration (FAA); and
WHEREAS, in July 2023, the FAA’s Chief Counsel’s Office issued an updated “Fact Sheet” relating to state and local regulation of unmanned aircraft systems; and WHEREAS, in the Fact Sheet, the FAA explicitly recognized that laws traditionally related to state and local police power whose objectives are not aimed at aviation safety or airspace efficiency were generally not subject to federal regulation; and WHEREAS, the City Council finds that it has police powers and authority to issue regulations related to land use, zoning, privacy, and law enforcement operations, and that the exercise of such power and authority herein is not preempted by federal or state law; and
WHEREAS, public necessity, convenience, and general welfare justify the proposed addition of Chapter 8.22, Unmanned Aircraft Systems, to Title 8 of the Pismo Beach Municipal Code, along with related minor revisions in Title 12.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
A new Chapter 8.22 is hereby added to the Pismo Beach Municipal Code, to read as follows:
Council Agenda 4-1-2025 12.B-3
Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-12Council Agenda 4-15-2025
Chapter 8.22 UNMANNED AIRCRAFT SYSTEMS
8.22.010 Purpose.
The purpose of this chapter is to establish regulations that preserve the quality of life for residents, businesses, and visitors through education and enforcement of unmanned aircraft system (UAS) operation within city limits. This chapter is designed not to restrict individuals operating UAS in compliance with all applicable Federal Aviation Administration (FAA) rules and other relevant laws, and outside of designated prohibited areas. It is not intended to preempt FAA rules; instead, it aims to work in conjunction with those rules to promote public safety and privacy while acknowledging the FAA's limitations in enforcement capabilities.
8.22.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings set forth below, unless context specifically indicates a different meaning:
“Commercial Operation” means any flight of a UAS where the operation is conducted for compensation or hire.
“Drone” means any UAS.
“Emergency response” means any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts. “FAA” means the Federal Aviation Administration.
“Ground” means any solid or stable surface from which a UAS can be launched into the air, including but not limited to, terrestrial surfaces, vehicles, water bodies, platforms, or other similar structures that provide a stable base for the UAS. “Launch” means to initiate the ascent of a UAS from the ground by any means. “Land” means to cause a UAS to descend and come to rest on the ground by any means.
“Operator” means a person or entity who is responsible for the operation of a UAS, including the piloting of the UAS and compliance with relevant regulations and safety standards.
“Person” means any individual, limited liability company, partnership, corporation, or joint venture.
Council Agenda 4-1-2025 12.B-4
Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-13Council Agenda 4-15-2025
“Public UAS” means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.
“Unmanned aircraft system” or “UAS” shall mean an aircraft, without a human pilot on board, that is controlled from an operator on the ground, to include, but not be limited to, any communication links and components that control the UAS, and operates without the possibility of direct human intervention from within or on the aircraft.
“Visual line of sight” means that the operator has an unobstructed view of the UAS.
The operator must use the operator’s own natural vision, which includes vision corrected by standard eyeglasses or contact lenses, to observe the UAS. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the UAS do not constitute visual line of sight of the operator.
8.22.030 Local regulations of UAS.
A. No person shall launch or land a UAS outside of the person's visual line of sight.
B. No person shall launch or land a UAS within twenty-five (25) feet of another person, except the UAS operator or the operator's designee.
C. No person shall launch or land a UAS on private property or public property other than property owned by the city without the prior written consent of the property owner.
D. No person shall launch or land a UAS from property owned or otherwise controlled by the city unless granted prior written permission by the city, or pursuant to a special event permit issued under Chapter 12.16. The designation of city-owned property subject to this subsection shall be at the discretion of the city manager or designee.
E. No person shall launch or land a UAS within one thousand five hundred (1,500) horizontal feet of any aircraft.
F. No person shall launch or land a UAS equipped with any type of weapon.
G. No person shall engage in commercial operation of a UAS within the city without having obtained a city business license pursuant to Chapter 5.04 of this code.
Council Agenda 4-1-2025 12.B-5
Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-14Council Agenda 4-15-2025
H. No person shall engage in commercial operation of a UAS for filming purposes without having obtained a city film permit pursuant to Chapter 5.44 of this code or a special event permit issued under Chapter 12.16 of this code, either of which must explicitly permit the use of a UAS in connection with the permitted activity.
8.22.040 No reckless endangerment.
No person shall launch or land a UAS in a reckless manner that creates a substantial risk of serious physical injury to any person or substantial damage to the property of another.
8.22.050 Time, place, and manner restrictions.
A. No person shall launch or land a UAS within one thousand (1,000) feet of any emergency vehicle that is operating with lights and/or sirens.
B. No person shall launch or land a UAS within one thousand (1,000) feet of any emergency response.
C. No person shall launch or land a UAS in violation of any temporary flight restriction issued by the FAA.
D. No person shall launch or land a UAS within five hundred (500) feet of a school facility without prior notification and written authorization from school officials. UAS operators must have in their possession a copy of the written or electronic authorization from the school when they launch or land a UAS within five hundred (500) feet of a school facility.
E. No person shall launch or land a UAS within five hundred (500) feet of any city-owned property without prior notification and written authorization from the city manager or designee.
F. No person shall launch or land a UAS for the purpose of capturing a person's visual image, audio recording, or other physical impression in any place where that person would have a reasonable expectation of privacy.
8.22.060 Exemptions.
This chapter shall not apply to any public UAS.
8.22.070 Violations—Penalties.
Any violation of the provisions of this chapter shall be a misdemeanor.
Council Agenda 4-1-2025 12.B-6
Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-15Council Agenda 4-15-2025
SECTION 3.
Section 12.20.080 of the Pismo Beach Municipal Code is hereby revised to read as follows:
No person shall launch or land aircraft in the area of the safety zone and play area.
Operation of unmanned aerial systems, commonly referred to as drones, shall be permitted in the safety zone and play area only as set forth in Chapter 8.22 of this code.
SECTION 4.
Section 12.20.110 Beach safety zone—Exceptions of the Pismo Beach Municipal Code is hereby revised to read as follows:
The provisions of this chapter shall not apply to any vehicle, unmanned aircraft systems as defined in Chapter 8.22 of this code, other aircraft, or animal operated, driven, or led into said safety zone and play area by an official lifeguard of the city, or by a member of the police or fire department, or by another official of the city, or another person acting under the direction of such official, when such use is in connection with the performance of the official duties of such official. The city manager or designee may grant additional temporary exceptions to the provisions of this chapter.
SECTION 5.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 6.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
Council Agenda 4-1-2025 12.B-7
Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-16Council Agenda 4-15-2025
SECTION 7.
This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 8.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 1st day of April, 2025, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved:Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2025, on motion of Council Member , seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Council Agenda 4-1-2025 12.B-8
Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-17Council Agenda 4-15-2025
Approved:Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. O-2025-XXX, titled AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ADDING CHAPTER 8.22 UNMANNED AIRCRAFT SYSTEMS TO, AND AMENDING CHAPTER
12.20 OF, THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO REGULATION OF DRONES, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this ____th day of ______________, 2025. Witness my hand and official seal. ____________________________
Erica Inderlied, City Clerk
Council Agenda 4-1-2025 12.B-9
Attachment 1
Attachment 2
April 1, 2025 Introduction Staff Report
9.H-18Council Agenda 4-15-2025