REPORT TO COUNCIL
SUBJECT
Title
Action to Waive First Reading and Approve Introduction of an Ordinance Amending Chapter 8.60 (“Unmanned Aircraft System”) of the City Code
Report
BACKGROUND
In August 2015, the City Council approved Ordinance No. 1942 creating Chapter 8.60 (“Unmanned Aircraft Systems”) of Title 8 (“Health and Safety”) of the Code of the City of Santa Clara “City Code” to promote public safety and protect people engaging in large venue public events. The ordinance established half mile “no-fly” zones around large public venues and imposed restrictions on drone weight and capabilities.
Prior to 2015, no framework was in place to guide and regulate Unmanned Aircraft use in the City beyond Federal Aviation Administration (FAA) regulations.
The FAA has since issued updated rules and guidance, as set forth in the 2023 Fact Sheet on “State and Local Regulation of Unmanned Aircraft Systems” (Fact Sheet), reaffirming exclusive authority over airspace and air safety regulation, and limiting what cities can lawfully restrict. The Fact Sheet provides concrete examples of laws likely preempted (e.g. route restrictions, altitude ban, local licensing, mandatory safety gear) and laws more likely to survive (e.g. restrictions on takeoff/landing locations, time-of-day constraints, local criminal law violations) as long as they do not unreasonably interfere with drone flight operations. The FAA’s 2023 Fact Sheet clarifies the following areas of local government control of Unmanned Aircraft Systems (UAS):
• Local governments may regulate takeoff, landing, and ground operations;
• Local governments may not regulate airspace, flight paths, or impose equipment standards that interfere with federal rules; and
• Local ordinances must be narrowly tailored and not preempt federal law.
The technology of UAS - also known as “drones” - has undergone significant transformation in both capability and accessibility since 2015. Taken together, the updates to the FAA’s regulatory standpoint, and in the available technology, prompted the proposed modifications to the City Code. Proposed changes include:
• Updating definitions for “Unmanned Aircraft”, “Unmanned Aircraft System”, “Major Event”, and “Levi’s® Stadium”;
• Modifying the launch and land restrictions applicable within the City;
• Revising flight restrictions below 200 feet above ground level in specific areas; and
• Removing UA and UAS weight and design restrictions.
DISCUSSION
Existing Federal, State, and Local Regulations of Drones
A number of rules already exist regulating the use of drones for both commercial and hobbyist uses, at all levels of government. The primary source of regulatory authority is federal - the FAA has exclusive jurisdiction to regulate most areas of drone usage and flight. Federally, commercial (non-recreational) drone usage is regulated under the Code of Federal Regulations, 14 CFR Part 107. Among other things, commercial drone pilots are required to take and pass the Unmanned Aircraft General/Small Knowledge Test, obtain a Remote Pilot Certificate from the FAA, and register their drone with the FAA. Hobbyists flying drones for purely recreational purposes have a slightly different set of rules; for example, such users must take and pass the Recreational UAS Safety Test, register their drone, and fly with visual line of sight or with a spotter. FAA regulations include airspace controls including “no-fly” zones around security sensitive areas such as airports, stadiums, and military bases, but the Police Department does not have jurisdiction to directly enforce these regulations. Drone operators from public safety departments, such as police and fire, have a separate Certificate of Authorization process.
At the State level, the legislature has passed a number of laws in the last ten years to address concerns that have arisen as the popularity and accessibility of drones has increased. For example, the Penal Code makes it a misdemeanor to operate a drone in such a manner that it impedes or interferes with emergency response operations. Furthermore, the Penal Code makes it an infraction to intentionally fly a drone over the grounds of a state prison, a jail, or a juvenile hall. The Civil Code provides an immunity for liability for a public agency that causes damage to a privately-owned drone if the damage occurs while the public agency is in the process of providing emergency services. The Civil Code imposes civil penalties of between $5,000 to $50,000 if a drone operator enters the airspace over private property without permission to capture photo or video images. The California Code of Regulations prohibits the use of UAS within wilderness areas, cultural preserves, and natural preserves.
Locally, a number of jurisdictions have implemented restrictive ordinances and policies similar to those proposed here. Santa Clara County Parks, City of San Francisco, MidPen Open Space District, and East Bay Regional Parks District prohibit the launch or land of a drone within any park area except with a permit issued by the Parks Director. Oakland requires a permit for all drone flight on, from, within, and over City property.
Proposed Updates to the City Code
The proposed amendments to the existing ordinance can be summarized as follows:
• Modifications to 8.60.010 Purpose and Intent: Incorporate defined terms “Major Events” and “Unmanned Aircraft Systems” and use terms consistent with federal regulations; bring the section into alignment with the clarifications in the 2023 Fact Sheet.
• Modifications to 8.60.020 Definitions: improve clarity, ensure consistency with federal law, and reduce risk of preemption. Well-defined terms enhance the efficiency and consistency of enforcement actions. Updated definitions help UA/UAS operators understand the scope of restriction.
• Modifications to 8.60.030 Prohibitions: Due to advancements in drone technology that have increased distance traveled and battery life, the “launch and land” prohibition radius is proposed to be increased from the current standard of one-half mile to the larger distances set forth below. The proposed restrictions apply to ground-based take-off and landing and does not regulate airspace, flight altitude, or navigation governed by the FAA. The FAA’s Temporary Flight Restrictions applicable to Stadium events is a larger footprint of three miles, but those regulations cannot be enforced by the Police Department.
o Any zone within the City, within one mile of, and within two hours before or after a Major Event (1,000+ attendees) including but not limited to parades, outdoor concerts, street dances, festivals, art shows, sporting and recreational events and or other large-scale community gatherings;
o The two-mile zone surrounding Levi’s® Stadium and within three hours before or after any Major Event held at Levi’s® Stadium;
and
o In any City public park.
o Flight restrictions for UA and UAS are proposed below 200 feet above ground level (AGL) over any public or private school during school hours, over certain types of critical infrastructure, and over private property to the extent necessary to protect individual privacy. These measures align with FAA guidance by focusing on the protection of persons and property on the ground rather than asserting control over navigable airspace.
• Modifications to 8.60.040 Exemptions: Allows for exceptions to the prohibitions by permit to be issued by the Chief of Police, or designee. The Police Department shall review the applicant’s request for compliance with FAA requirements, proposed location and timing of the drone use, and the safety and privacy concerns implicated by the proposed use.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There are no additional costs to the City beyond administrative staff time and related expenses, which are already included in the current budget.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive first reading and approve in the form presented the introduction of an Ordinance amending Chapter 8.60 (“Unmanned Aircraft Systems”) of Title 8 (“Health and Safety”) of the Code of the City of Santa Clara California
Staff
Reviewed by: Cory Morgan, Chief of Police
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Drone Ordinance Update. SR 10-21-25
2. Ordinance No. 1942, August 18, 2015