HomeMy WebLinkAbout2010-01-12; City Council; 20096; Amend CMC Ch 11.32 Section 11.32.03010
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AMEND SECTION 11.32.030 OF CHAPTER
11.32 OF THE CARLSBAD MUNICIPAL
CODE: OPTIONS FOR RADIO
CONTROLLED AIRCRAFT USE IN PARKS
AND BEACHES
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CS-074 of the City Council of
RECOMMENDED ACTION:
If option 4 is selected, introduce Ordinance No. _
the City of Carlsbad, California amending section 11.32.030 of Chapter 11.32 of the Carlsbad
Municipal Code, related to the use of radio or remote controlled model aircraft, cars, or similar
devices in parks and beaches.
ITEM EXPLANATION:
In response to resident, park user, and staff concerns regarding excessive ambient noise,
personal and property safety issues associated with the use of radio controlled aircraft in parks,
subsection (31) was added to section 11.32.030 of the Carlsbad Municipal Code. The
subsection specifically prohibits the "use [of] radio or remote controlled model aircraft, cars or
similar devices [in parks], excepting the beach area west of Carlsbad Boulevard, between
Palomar Airport Road and Solamar Drive."
Safety concerns were primarily related to the use of radio controlled aircraft in the close vicinity
of active and passive park users. Park visitors expressed a feeling of being threatened by low
flying planes while using the athletic fields or walking in the vicinity of where the planes were
being flown. City staff has received and responded to noise complaints from residents in the
vicinity of Poinsettia Park regarding the use of radio controlled airplanes and helicopters.
The amendment to section 11.32.030 of the Carlsbad Municipal Code was first presented to
Council at their meeting of January 27, 2009, and was later adopted at their meeting of
February 10, 2009. No public comment regarding the revision was received at either meeting.
On June 16, 2009, professional pilot, local business owner, and radio controlled aircraft
enthusiast, Gus Calderon, addressed the City Council during public comment. Mr. Calderon
said that he was surprised and upset by the change. He stated that he had been safely flying in
parks for many years, and didn't understand why the code was amended in the first place. Mr.
Calderon requested that the City Council reconsider their decision to prohibit the use of radio
controlled aircraft in parks.
In August 2009, California State Parks staff issued a position paper regarding the use of the
beach area west of Carlsbad Boulevard, between Palomar Airport Road and Solamar Drive
(Exhibits 1 and 2).
DEPARTMENT CONTACT: Mick Calarco 760-434-2859 mick.calarco@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D _____
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES XEK
Introduced Ordinance CS-074
Page 2
The report authors expressed their concern regarding the increased use and potentially
detrimental environmental impact of radio controlled aircraft on adjacent State Parks property
resulting from the amendment to the Municipal Code. During ideal weather conditions, State
Park Rangers have observed as many as 12-14 pilots flying at one time. The report authors
surmised that the increased use may be attributed in part to the fact that the use of radio
controlled aircraft in parks was prohibited recently.
In an effort to address and alleviate site use and safety concerns, city staff met with Mr.
Calderon, a group of radio controlled aircraft enthusiasts, and a representative from California
State Parks. Creation of an alternative use site(s) was discussed as a means to ease some of
the burden on the beach area west of Carlsbad Boulevard, between Palomar Airport Road and
Solamar Drive, and to reach a compromise on a designated park site.
City staff, with assistance from Mr. Calderon, radio controlled aircraft enthusiasts, and State
Parks staff thoroughly researched the issue. Staff consulted the Academy of Model Aeronautics
(AMA) for industry best practices regarding radio controlled aircraft safety rules and regulations,
insurance requirements, and equipment definitions and use specifications.
At their meeting of October 19, 2009, the Parks and Recreation Commission was presented
with four options regarding the use of radio or remote controlled model aircraft, cars, or similar
devices at parks and beaches. The Commission voted unanimously to recommend option 4 for
Council approval, which allows for the use of electric or radio controlled model aircraft on any
park's natural turf baseball fields from 8:00 a.m. to 2:00 p.m. daily.
Option 1:
Repeal the recent amendment to section 11.32.030 (31) of the Carlsbad Municipal Code that
prohibits the "use [of] radio or remote controlled model aircraft, cars or similar devices [in
parks], excepting the beach area west of Carlsbad Boulevard, between Palomar Airport Road
and Solamar Drive," thereby deregulating the use of radio or remote controlled aircraft, cars, or
similar devices in parks and beaches.
Option 2:
Make no changes. Section 11.32.030 (31) shall remain as amended. The use of radio
controlled aircraft would only be permitted at the beach area west of Carlsbad Boulevard,
between Palomar Airport Road and Solamar Drive.
Option 3:
Amend section 11.32.030 (31) of the Carlsbad Municipal Code to allow the strictly regulated
use of radio controlled aircraft at Zone 5 athletic field only (Exhibit 3). Formally adopt a set of
safety rules and regulations, and require AMA membership and insurance (Exhibit 4).
Option 4:
Based on suggested language in a proposal submitted by the Carlsbad Electric Flyers (Exhibit
5), amend section 11.32.030 (31) of the Carlsbad Municipal Code as follows, "To use radio or
remote controlled cars or similar devices, excepting the beach area west of Carlsbad
Boulevard, between Palomar Airport Road and Solamar Drive." In addition, section 11.32.030
2.
Page 3
(32) would be added to read as follows, "To use radio or remote controlled model aircraft or
similar devices excepting the beach area west of Carlsbad Boulevard, between Palomar Airport
and Solamar Drive, and excepting on any park's natural turf baseball fields from 8:00 a.m. to
2:00 p.m., only if a scheduled league game or practice is not occurring, or as otherwise
permitted by the city manager or his/her designee provided appropriate signs are installed
giving adequate notice of such excepted areas" (Exhibit 6).
If option 4 were approved, Administrative Order 71, "Park and Facility Use Policies and
Procedures" would be amended to further regulate the use of electric or radio or remote
controlled model aircraft in designated park areas:
• Model aircraft use limited to natural turf field baseball fields only.
• Aircraft must meet the Academy of Model Aeronautics (AMA) definition of a 'Park Flyer
Model.'
• Pilots must be a current member in good standing of the AMA Park Flyers Program, and
agree to obey the AMA National Model Aircraft Safety Code."
Options 3 and 4 are acceptable to California State Parks staff, as both alternatives create an
additional use area for the use of electric radio or remote controlled model aircraft, which may
alleviate some of the perceived overuse of the beach area.
FISCAL IMPACT:
If options 3 or 4 are selected, there would be a minor fiscal impact related to the cost of
fabricating and installing rules and regulations signs at Zone 5 athletic field and the beach area
west of Carlsbad Boulevard between Palomar Airport Road and Solamar Drive (option 3), or
natural turf fields only (option 4).
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, these
amendments do not constitute a "project" within the meaning of CEQA and therefore, does not
require an environmental review.
EXHIBITS:
1. Position Paper on the use of remote controlled gliders and planes within lands owned and
managed by California State Parks.
2. Aerial view of beach area west of Carlsbad Boulevard between Palomar Airport Road and
Solamar Drive.
3. Aerial view of proposed Zone 5 athletic field use area.
4. Proposed rules for the use of Park Flyers and Sailplanes (Gliders) at Zone 5 athletic field
and the beach area west of Carlsbad Boulevard between Palomar Airport Road and
Solamar Drive.
5. September 2009 letter to City staff from Carlsbad Electric Flyers AMA Chartered Club
Members.
6. Ordinance No. cs-n7* , of the City Council of the City of Carlsbad, California,
amending section 11.32.030 of Chapter 11.32 of the Carlsbad Municipal Code.
7. Strikeout-Underline format of the proposed changes to Chapter 11.32 of the Carlsbad
Municipal Code [e.g. amending section 11.32.030(31), and adding 11.32.030 (32)].
3
State of California EXHIBIT 1
Department of Parks Recreation
San Diego Coast District - North Sector
ISSUE PAPER
REMOTE CONTROLLED GLIDERS AND PLANES WITHIN STATE PARKS
ISSUE:
Remote control (R/C) glider and airplane enthusiasts have become an increasingly visible recreational user
group within the San Diego Coast District-North Sector with a primary location unofficially named and known
as "Dave's Beach," which is located above South Carlsbad State Beach just north of Solamar Drive.
Effectively July 01, 2009 the City of Carlsbad made an addendum to Carlsbad Municipal Code Section
11.32.030 (31) which "prohibits the use of radio or remote controlled aircraft, cars, or similar devices,
excepting the beach area west of Carlsbad Boulevard, between Palomar Airport Road and Solamar Drive."
This enforced municipal code section has added displaced R/C pilots to the already congested and crowded
mixed use area of South Carlsbad State Beach.
Complaints regarding the recreational activity of R/C piloting prior to the City's enforcement of CMC
11.32.030(31), included damage to property caused by gliders or planes striking vehicles, minor injuries to
other user groups in the area when gliders or planes of inexperienced pilots strike pedestrians, and increased
erosion and degradation to the fragile coastal bluffs within the area when gliders and planes are retrieved by
R/C pilots.
Other concerns, although neither scientific data nor accident reports were found are the possible negative effects
of R/C gliders on local native wildlife including the California Least Tern and other migrating coastal seabirds
and the threat of disrupting vehicle traffic on the adjacent southbound lanes of Carlsbad Blvd.
This change in the City's Municipal Code will increase the recreational use of R/C aircraft on State Park
property and air space, necessitating a review of our current policies within the area including, but not limited
to:
• Does the area allow for this specific type of recreation?
• Is public safety jeopardized by allowing this recreational activity to continue?
• Is their a limit to the number of participants utilizing the property and airspace managed and under the
jurisdiction of Ca State Parks?
• Does the area allow for "mixed" use recreational activities?
• If the activity is allowed to continue, what rules or regulations need to be mandated to maintain safety
for the direct user and other park visitors, as well as, protect the resources within the affected area?
Further research has found the area has historical and cultural significance concerning R/C piloting dating back
to the early 1970's. The activity has coexisted with the other multitude of recreational activities for nearly 50
years, however, the populations have increased within all local known recreational activities hi the area
including running, bicycling, beach combing, walking, surfing, body boarding, swimming, snorkeling, as well
as R/C piloting. The continued increasing visitation to the area by all user groups may cause a significant
hazard to any recreational user; however, the current enforcement of CMC 11.32.030(31) appears to have
maximized the dangers and issues concerning R/C piloting in this area, by concentrating R/C pilots into a very
small area of City and State Park owned lands.
OBSERVATION OF THE AREA KNOWN AS "DAVE'S BEACH":
The R/C piloting area north of Solamar Drive, known by R/C enthusiast as "Dave's Beach" is bordered by a 4-
foot fence on the east side of the piloting area, and steep eroding descending coastal bluffs, the beach below,
and the Pacific Ocean to the west. A portion of the area is paved on the southern end, with graded decomposed
granite and sand composition on the northern end of the piloting area. Free on-street public parking is available
directly behind the piloting area and to the south. The busy southbound lanes of Carlsbad Blvd sit
approximately 15 feet to the east of the fence line of the piloting area, as does a North County Transit bus stop.
Numerous voluntary and unstable pedestrian trails descend down the steep coastal bluff areas directly below the
flight area. These trails are used by walkers, joggers, surfers, swimmers, beach combers, and guests of the
adjacent hotel located directly across from the area and on the east side of Carlsbad Blvd. These systems of
trails are also used by R/C pilots to retrieved down gliders and planes when necessary.
Use patterns of the area suggest multiple recreational activities and user groups utilize the bluff top area known
as Dave's Beach. Cyclists, walkers, joggers, surfers, R/C pilots, and others all utilize the area. No signage or
markers provide information or regulations concerning any of the recreational activities commingling within the
confined space. The fencing provides no significant demarcation line for any activity and the only permanent
item to possibly define the area for R/C piloting is a metal pole with an attached wind sock.
The beach area below the R.C flight area does have a consistent use pattern by sunbathers, walkers, and surfers.
Various maps show conflicting State Park and City owned property boundaries within the area. It is unknown if
lawful approval was given for the installation of the fencing, windsock, and memorial plaque. It does appear
the pavement and bluff top area used was a potion of the old Highway 101 route.
According to those associated with the "Academy of Model Aeronautics" (AMA) Park Pilot Program the area
should host no more than 4 to 5 pilots at one time; however, various random visual inspections of the area
during satisfactory flight conditions has seen as many as 12 to 14 pilots flying at one time..
BACKGROUND INFORMATION REGARDING R/C GLIDERS
What is an R/C Glider
Remote controlled gliders are small radio-controlled aircraft that operate on radio frequencies in the same
fashion as remote control vehicles. The gliders are controlled remotely via radio signals from a hand-held
controller which essentially moves the wing -flaps of the glider, allowing the operator to manipulate the
aircraft. RC gliders do not have motors and utilize the natural lift created from on shore winds hitting the
coastal bluffs thus creating a mass of rising air. Gliders fly effortlessly in this lift in the same way Pelicans and
other seabirds glide close to the bluffs or over waves, riding the natural lift energy the earth formations assist in
creating.
What is an R/C Airplane
Remote controlled airplanes and helicopters are both propelled by on-board motors which are controlled by
radio frequency remotely. These types of aircraft are not dependent on rising air mass for flight.
Existing Regulations /Organizations
The Academy of Model Aeronautics, or AMA, is on of the world's largest Aero-modeling organizations and
has established some governing documents and suggested safety guidelines for all R/C glider pilots to follow
(attachment A). These guidelines should be reviewed by the State Park Policy Group as they address many of
the issues concerned with the current activities at South Carlsbad State Beach.
During the research of this issue authors met with the Torrey Pines Gulls, an R/C glider pilot's association
which flies out of the Torrey Pines Glider Port. The group has produced a strong framework of rules and
regulations (Attachment B) which governs R/C piloting of all aircraft at the Torrey Pines Glider Port.
The City of Carlsbad has also recently made an addendum to Carlsbad Municipal Code Section 11.32.030
(Subsection 31) which prohibits the use of R/C gliders within all city parks and beach areas, and State of
California Code of Regulations, Title XIV, Section 4309- unsafe recreational activities may be used to prohibit
the use of R/C gliders and planes if data suggests it is harmful to others, the resources, or wildlife.
AUTHORITY TO ACT
California State Parks owns and manages property within the area where R/C pilots are currently flying.
Although property boundaries are not precise, no entity can deny that gliders and planes which land or crash
upon coastal bluff areas are being used within State Park boundaries.
The California Code of Regulations also provides State Park to lawfully protect airspace above any State Park
owned and managed lands up to an elevation of 500'. Gliders flown from the bluffs north of Solarmar Drive
consistently are flown within airspace managed and policed by State Park Peace Officers.
As a sworn law enforcement department of the State of California, State Parks has the jurisdictional authority
and obligation to enforce all CCR, as well as, CMC codes within the area described. State Park law
enforcement entities also have the responsibility to protect all user groups and curtail or deny any dangerous or
unhealthy recreation that causes unsafe conditions for the resources, cultural or historical artifacts, or visitors
and pedestrians within any lands owned or managed by State Parks.
DISCUSSION:
The initial discussion concerning the flight of R/C gliders and airplanes from "Dave's Beach" and within the air
space of California State Parks was to decide if the recreational activity was conducive with the current
recreational opportunities utilizing the area and the ever increasing pedestrian traffic in the area.
This discussion point has diminished with two new facts which have been discovered during the investigation of
this issue.
First, it is apparent R/C pilots of both gliders and planes have been utilizing the area in question for the past 50
years. The recreational activity and the location have historical and cultural significance of the craft of R/C
piloting. As the area is part of a California State Park it is important to acknowledge the importance of this
location and the activity to the evolution of the sport of R/C piloting.
Second, the City of Carlsbad has created and is currently enforcing the Carlsbad Municipal Code (CMC)
11.32.030(31), which prohibits the piloting of R/C gliders and planes in any city owned park or beach area, with
written and verbal instructions from City officials to pilots to utilize "Dave's Beach" as the single and only area
for the specific recreational activity of R/C flying.
It is apparent the area, prior to the addendum to the CMC, was impacted by the onslaught of today's less
expensive R/C aircraft and the increase of participants of pilots within the sport. The new and enforced
municipal code will further impact the area and create an area unsafe for not only the recreational activity of
R/C piloting, but also impact and create unsafe conditions for other user groups in the area.
ALTERNATIVES CONSIDERED:
• Prohibit the activity of R/C piloting within the area known as "Dave's Beach" utilizing CCR, Title XIV,
Section 4329. This seems the least suitable alternative researched with enforcement of such a ban being
near impossible with the current workload of law enforcement officers, coupled with the known
historical and cultural relevance of the activity and the area located within the boundaries of California
State Parks which is directed to protect such values.
• Meet with various user groups including, but not limited to R/C pilot groups, surfers, walkers, runners,
and cyclist to develop a comprehensive general plan for the area to provide safety to all users and
develop specific rules and regulations for all activities currently utilizing the area. This may include
providing signage defining rules and regulations pertaining to R/C piloting, fencing or boundaries for
the flight, take-off and landings of R/C gliders and planes, creating an observable route for runners,
walkers and joggers, and develop a long term plan to provide safe and lawful access from the bluff area
to the beach below.
• Create a partnership with the City of Carlsbad and the AMA to identify and develop other locations for
the recreational activity of R/C piloting, due in part, because the current municipal code causes undo
stress and danger to those pilots and other user groups currently utilizing the area known as "Dave's
Beach."
RECOMMENDATION;
The recommendation of the North Sector Management Team is to find a solution to the issue by seeking
resolution within "Alternatives 2 and 3." While the cultural and historical significance of the recreational
activity of R/C piloting is important to the area, it is apparent that the current recreational trends direct staff to
seek alternatives or develop future policies through input through the public and the City of Carlsbad for all
involved.
ACTION REQUIRED;
The issue paper requests review of this document by the City of Carlsbad and Park Policy Group to find clarity
and resolution to the issues described.
Submitted by: Gary Rasse
State Park Peace Officer/Ranger
San Diego Coast District - North Sector
Brian Ketterer
Sector Superintendent
San Diego Coast District - North Sector
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City of Carlsbad
ZONE 5 PARK
EXHIBIT 4
PROPOSED RULES FOR THE USE OF PARK FLYERS AND SAILPLANES
(GLIDERS) AT ZONE 5 ATHLETIC FIELD AND THE AREA COMMONLY KNOWN AS
"DAVE'S BEACH"
• Zone 5 Athletic Field
Park Flyers and Sailplanes (Gliders) may be used at Zone 5 Park during the following
days/hours:
o Monday-Friday from 8:00 a.m.-11:30 a.m., and 1:00 p.m. to 3:00 p.m.
o At other times when the athletic field is not in use for organized or individual
sporting activities (football, soccer, baseball, softball, etc.)
o Athletic sports activities take field use priority at all times
• "Dave's Beach"
Park Flyers and Sailplanes (Gliders) may be used at the area commonly known as
"Dave's Beach" (beach bluff plateau west of Carlsbad Boulevard, between Palomar
Airport Road and Solamar Drive) during the following days/hours:
o Monday-Sunday from sunrise to sunset
• Park Flyer Models Defined
o Weigh two (2) pounds or less
o Are incapable of reaching speeds greater than 60 miles per hour
o Are electric or rubber powered, or of similar quiet means of propulsion
o Are remotely controlled or flown with a control line
o Remain within the pilot's line of sight at all times
• Sailplane (Glider) Models Defined
o Class A hand-launch Sailplane (Glider) with a projected span limited to one and
one-half (1 Vz) meters or less
o Class B Sailplane (Glider) with a projected span limited to two (2) meters, but
greater than one and one-half (1 1/z) meters
• Park Flyer and Sailplane Safety Code and Operating Guidelines
o Inspect your Park Flyer or Sailplane (Glider) before every flight to make certain it
is airworthy
o Be aware of any other radio frequency user who may present an interference
problem
o Always be courteous and respectful of other users of your selected flight area
o Make sure the area is clear of obstacles and large enough to safely
accommodate your flying activity
o Make certain the area is clear of friends and spectators prior to launching your
Park Flyer or Sailplane (Glider)
o Be aware of other activities in the vicinity of your flight path that could cause
potential conflict
o Carefully plan your flight path prior to launch
o Abide by any and all established Academy of Model Aeronautics (AMA) National
Model Aircraft Safety Code items where applicable and appropriate
ALL PARK FLYER OR SAILPLANE (GLIDER) OPERATORS MUST BE A CURRENT
MEMBER OF THE ACADEMY OF MODEL AERONAUTICS (AMA).
For membership information call: (800) 435-9262, or visit:
http://www.modelaircraft.org/membership/membership.aspx.
o A valid Academy of Model Aeronautics (AMA) membership card must be clearly
displayed on your person while operating a Park Flyer or Sailplane at the
prescribed locations.
o As a benefit of AMA membership, all pilots must maintain valid general liability
insurance coverage (with express limitations) for the operation of a Park Flyer or
Sailplane.
EXHIBIT 5
Carlsbad Electric Flyers
878 Hollyhock Court
Carlsbad, CA 92011
Mick Calarco & Kyle Lancaster
Carlsbad Parks and Recreation Department
799 Pine Avenue, Suite 200
CC: Carlsbad City Council & City Attorney
Dear Mick and Kyle,
Effectively July 01, 2009, the City of Carlsbad made an addendum to Carlsbad Municipal
Code Section 11.32.030 (31) which "prohibits the use of radio or remote controlled
aircraft, cars, or similar devices, excepting the beach area west of Carlsbad Boulevard,
between Palomar Airport Road and Solamar Drive."
On July 20th, our recreational group of r/c enthusiasts was invited to a meeting at "Dave's
Beach" with Brian Ketterer (Sector Superintendent of the CA State Parks, San Diego
Coast District). We were informed that CA State Parks was unaware that the Carlsbad
City Council had authorized a recreational activity on land upon which they do not have
the authority to act. The CMC was passed without the consent or authorization of the CA
State Parks. Mr. Ketterer informed us that since the CA State Parks had not formally
taken a position on flying r/c airplanes at "Dave's Beach," his office was going to write
an "Issue Paper" to address the situation. Review of the Issue Paper discloses two
important points which are relevant to why the CMC must be mandated to change:
"It is apparent the area, prior to the addendum to the CMC, was impacted by the
onslaught of today's less expensive R/C aircraft and the increase of participants of
pilots within the sport. The new and enforced municipal code will further impact
the area and create an area unsafe for not only the recreational activity of R/C
piloting, but also impact and create unsafe conditions for other user groups in the
area.
AUTHORITY TO ACT
California State Parks owns and manages property within the area where R/C pilots
are currently flying. Although property boundaries are not precise, no entity can
deny that gliders and planes which land or crash upon coastal bluff areas are being
used within State Park boundaries.
The California Code of Regulations also provides State Park to lawfully protect
airspace above any State Park owned and managed lands up to an elevation of 500'.
Gliders flown from the bluffs north of Solamar Drive consistently are flown within
airspace managed and policed by State Park Peace Officers.
As a sworn law enforcement department of the State of California, State Parks has
the jurisdictional authority and obligation to enforce all CCR, as well as CMC codes
within the area described. State Park law enforcement entities also have the
responsibility to protect all user groups and curtail or deny any dangerous or
unhealthy recreation that causes unsafe conditions for the resources, cultural or
historical artifacts, or visitors and pedestrians within any lands owned or managed
by State Parks."
On August 10th, 2009 our recreational group, which is now organized as an Academy of
Model Aeronautics (AMA) chartered club named the "Carlsbad Electric Flyers", met
with Mick Calarco and Kyle Lancaster from the Carlsbad Parks and Recreation
Department. During that meeting we were told that it was not their intent to completely
ban our recreational group from the City of Carlsbad, but simply move the activity to the
bluff area along the coast known as "Dave's Beach". Unfortunately, this line of reasoning
proved invalid for the following two reasons:
First, the City of Carlsbad has no jurisdiction over "Dave's Beach" as stated above in
Brian Ketterer's Issue Paper. Additionally, the CA State Parks has the authority to
"Prohibit the activity of R/C piloting within the area known as 'Dave's Beach'
utilizing CCR, Title XIV, Section 4329." While this solution is not the preferred course
of action by CA State Parks, it is certainly then- option; especially if the CMC is not
amended by the Carlsbad City Council.
Second, Mr. Calarco admitted honestly that the Carlsbad Parks and Recreation
Department had a lack of understanding about our recreation group (r/c flying) and all the
new technology surrounding its expansive growth and educational value. Additionally,
the Parks and Recreation Department did not realize that narrow strip of land known as
"Dave's Beach" is an unsuitable location for the flying of electric powered r/c airplanes,
especially by novice and even intermediate pilots. The uneven surface of the ground,
numerous pedestrians, strong wind currents, and proximity of Pacific Coast Highway are
all factors for deterring novice and intermediate pilots from flying at Dave's Beach.
Numerous conversations with park employees resulted hi the determination that the most
practical locations for flying r/c airplanes in the city parks is within the baseball fields.
The ball fields are frequently unoccupied by other park users and the high fences are an
added safety margin. Both our club members and park employees are in agreement that
due to the higher usage of the artificial turf soccer fields they should be prohibited from
use by r/c enthusiasts. Our goal is to try and eliminate any complaints made to park
employees and co-exist peacefully with other park users.
'3
We sincerely appreciate the effort being made by the Carlsbad Parks and Recreation
Department to learn more about aeromodeling and its educational value to members of
our community. Because of Mr. Calarco's research, the City of Carlsbad is now aware
that the Academy of Model Aeronautics (AMA), offers $2,500,000 primary site owner's
insurance for each flying site location. The AMA also offers $2,500,000 comprehensive
general liability protection with its standard membership and $500,000 for members of
the Park Pilot Program. The AMA (a non-profit organization), which represents the
interests of more than 150,000 members nationwide and over 2,400 chartered clubs
(many of which are located on city parks) works to indemnify and protect both the flying-
site owner and its members.
Additionally, Mr. Calarco has learned that the AMA has established a new category of
remote control model aircraft which are electric powered, very quiet, weigh less than 2
pounds, and fly at airspeeds less than 60 mph. These "Park Flyer Models" have become
widely available due to their low acquisition cost and are now being flown at parks,
playgrounds, and backyards across the nation. The emergence and widespread
availability of park flyer models is expanding the role of aeromodeling as an educational,
safe, and enjoyable form of recreation across the nation.
A testament of the educational role of aeromodeling is exemplified by the membership of
the Carlsbad Electric Flyers whose roster includes an electrical engineer, corporate pilot,
airline pilot, mechanical engineer, environemtal scientist, real estate investor, military
personnel, etc. Many of our club members began aeromodeling as a youth and continued
their passion throughout their professional careers. Others are now retired citizens
wishing to enjoy their hard-earned free-time enjoying our hobby hi our city parks. One
common thread among all of us is the fact that we are all tax-paying citizens of the city of
Carlsbad. As upstanding members of the community, we believe that use of our city
parks for a safe and educational recreational activity is a fundamental civil liberty granted
to us by the the County of San Diego, State of California, and the federal government of
the United States of America.
Review of the Carlsbad Parks and Recreation Department's mission statement by the
Carlsbad Electric Flyers clearly demonstrates that the recreational activity of
aeromodeling is both a consistent and mandatory component of its original stated
intentions:
"The Carlsbad Parks and Recreation Department is committed to building strong
community through a broad range of high quality recreation and park services
including lifelong learning, safe places to gather, and access to trails, parks, and open
space for all who live, work and recreate in Carlsbad."
It is important to note that there have been no known injuries in any Carlsbad city parks
due to the operation of r/c vehicles. Innumerable injuries from more "traditional" forms
of recreation have, however, been reported and are well documented.
Furthermore, according to the Facility Use Regulations of the Parks and Recreation
Department (dated and revised 5/19/09), use of the athletic fields within the city of
Carlsbad is based upon the following CLASSIFICATION OF APPLICANTS:
"Each application will be reviewed by Parks and Recreation Staff and classified into a
group depending on the type of organization and the intended use. The Parks and
Recreation Department activities have first priority for the use of the facilities. The
categories are listed in order or priority with category A first, category B second, etc. The
City attempts to accommodate all groups; however, there is a limited number of facilities.
Unfortunately, the demand exceeds the supply. For that reason, a priority classification
system for use was established.
A Carlsbad Parks and Recreation activities; Co-sponsored activities; other City
departments Examples: Friends of the Library, Carlsbad Book Fair, Recreation and Lap
Swim, Swim Lessons, MastersSwim Program
B Carlsbad resident not-for-profit, civic, social organizations (non-paid management - no
voting board member can be paid); any organization sponsoring a public forum or
candidates night; public education Examples: Carlsbad Rotary, La Costa Youth
Organization, Carlsbad Softball Association, Carlsbad Youth Baseball, Boy Scouts,
Carlsbad Homeowner's Associations, Carlsbad Unified School District"
As supporting and attached documents will demonstrate, Carlsbad Electric Flyers, which
is a "Class B Group" has the potential to become a strong educational force in the
community, schools, and parks for subject matter relating to aviation, engineering,
electronics, aerodynamics, science and mathematics. For the reasons stated above, the
Carlsbad Electric Flyers hereby requests a revision of the CMC 11.32.030 (31) to be
rewritten in the following manner:
"No person shall operate any r/c vehicle on any artificial turf field within any park.
Recreational use of electric r/c model airplanes will be permitted on park baseball
fields only if a scheduled league game or practice is not occurring; provided,
however, they meet the Academy of Model Aeronautics (AMA) definition of a "Park
Flyer Model." No person shall operate any r/c model airplanes within the park
unless they are a member of the AMA Park Flyers Program and obey the AMA
National Safety Code.
Carlsbad Electric Flyers; AMA Chartered Club
President: Gus Calderon
Vice President: Charles DuShey
Secretary: David Sindelar
Treasurer: David Saenz
Safety Coordinator: Irvin Stafford
Public Relations: Maha Calderon
/5
EXHIBITS
ORDINANCE NO. CS-074
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
2 OF CARLSBAD, CALIFORNIA, AMMENDING SECTION 11.32.030
OF CHAPTER 11.32 TO THE CARLSBAD MUNICIPAL CODE TO
3 REGULATE THE HOURS AND LOCATION OF RADIO OR REMOTE
CONTROLLED AIRCRAFT FLYING.
4
5
6
7
8
g recommended amendments and additions to Chapter 11.32 "Parks and Beaches"
10
will result in consistency in regulations governing the use of radio or remote
11
controlled model aircraft, cars, or similar devices in the City's public parks or12
beaches.13
14
15
WHEREAS, the Carlsbad City Council concurs that it is necessary to amend
Municipal Code section 11.32.030; and
WHEREAS, the Carlsbad City Council recognizes that the
The City Council of the City of Carlsbad, California, does ordain as
follows:
16
is amended to read as follows:
Section 11.32.030 of Chapter 11.32 of the Carlsbad Municipal Code
17
18
19 _
Title 11 PUBLIC PROPERTY20
21 Chapter 11.32 PARKS AND BEACHES
22
23
24
25 It is unlawful for any person to do any of the following mentioned acts in or upon
26
any park or beach within the city:
27
28
11.32.030 Unlawful acts.
1
2
3
4
c designated by the city manager for such fires, including stoves, barbecue pits, fire
6 rings and the like;
7
(3) To commit any act of vandalism, including the damaging or destroying of
8
trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs,y
10
11
12
17
18
19
25
26
27
28
EXHIBITS
(1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of
waste materials, except in approved containers specifically placed and designated
to receive such waste materials;
(2) To start or maintain any fire, except in such areas as are specifically
buildings or rooms, or to tear down or to deface the same, or to pick any crops,
fruit or flowers in any portion of such public park or beach;
(4) To bring into or use any firearms or air or gas or spring-propelled guns,
13 sling shots, bows and arrows, except that bows and arrows may be permitted in
14
such portions of public parks or beaches which are specifically designated by the
15
city manager for archery or other projectile-throwing devices;16
(5) To discharge or set off firecrackers, torpedoes, rockets or other
fireworks except where a special event permit has been granted pursuant to
Chapter 8.17;
(6) To stable, pasture or keep animals or insects;
21
20
(7) No person shall bring into a public park or beach any cattle, horse, mule,
22
goat, sheep, swine, cat, other animal, fowl or reptile of any kind except as
23
hereafter specifically provided or as otherwise permitted by the city manager or
his/her designee or with a valid special event permit or park and facility use permit;
(8) To enter any portion of a public park or beach in the city, or buildings or
portions thereof in such public parks and beaches which are posted with signs
1
2
3
4
legible sign posted at each entrance to such public park or beach. The city
6 manager is given authority to post such signs;
7
(10) To park any vehicles or trailer in any public park or beach in the city,
8
except in areas specifically designated as parking areas by the city manager ory
10
11
12
17
18
19
24
25
26
27
EXHIBITS
stating "no entry," "keep out," "no trespassing," "closed area" or other prohibition of
entry;
(9) To enter any portion of or be in a public park or beach in the city at a
time of the day, or on a day of the week, when such entry is prohibited by a clearly
his/her designee;
(11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any
animal or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on
13 Carlsbad's beaches.
14
Notwithstanding any other provisions of this chapter, this section does not
15
apply to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.16
This prohibition does not apply to a dog accompanying an unsighted
person, or other person who by reason of medical necessity must be accompanied
by a dog, dogs while assisting peace officers in law enforcement duties, dog parks
or other areas specifically designated for dog use by the city council, or to dogs
21
20
participating in shows or obedience classes authorized by the Carlsbad community
22
services department on specified areas of parks or beaches.
23
This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid
park and facility use permit issued by the city manager or his/her designee
authorizing one or more horses, ponies, or horse drawn carriages;
(12) To construct or erect on any portion of a public park or beach in the city
28 any building, fence or structure of whatever kind, whether permanent or temporary
1
2
3
4
(13) To park or stand any vehicle or trailer in any public park in the city
6 between the hours of 11:00 PM and 5:00 AM daily, except as permitted by the city
7
manager or his/her designee;
8
(14) To cut and remove any wood or to remove turf, grass, soil, rock, sand,y
10
11
designated and posted as camping sites by the city manager or his/her designee;
13
17
18
19
25
26
27
28
EXHIBITS
in character, or run, or string or install any public service utility into, upon or across
such lands, except on special written permit of the city manager or his/her
designee as to temporary items and of the city council as to permanent items.
Each day such condition exists shall constitute a new and separate offense;
gravel or fertilizer;
(15) To camp or lodge in any park or beach except in those areas
12
14*^01^1
(16) To play or engage in any sport or sporting event in any picnic area;
14
(17) To disturb in any manner any picnic, meeting, service, concert,
15
exercise or exhibition;16
(18) For any groups consisting of twenty five or more persons to hold,
conduct or participate in any celebration, parade, service, picnic, exercise, or other
special event without having first obtained an approved park and facility use
permit. This subsection shall not apply to any beach in the city;
21
20 (JCIIIIIl.
(19) To distribute any handbills or circulars, or to post, place or erect any
22
bills, notice, paper, or advertising device or matter of any kind;
23
(20) To sell or offer for sale or to rent or lease any merchandise, article or
thing, whatsoever, unless granted a valid special event or park and facility use
permit issued by the city council or his/her designee;
EXHIBITS
(21) To practice, carry on, conduct or solicit for any trade, occupation,
business or profession of whatsoever kind or character without permission of the2
3
4
c city manager, or his/her designee, in a park, designated streets or parking areas or
6 as part of a supervised recreational activity or as authorized by the owners of the
7
outer lagoon. This subsection does not apply to officers, agents or employees of8
the United States, the state of California, the city, or public utility companies ory
10
11
12
life or property, nor to utility companies using motor-powered vehicle for the
emergencies when it is necessary to use them for the preservation or protection of
13
17
18
19
25
26
27
city council or city manager;
(22) To use or operate any vehicles at any time, except as permitted by the
other local government agencies, when they are using motor-powered vehicle in
the performance of their official duty, nor to the use of motor-powered vehicle in
14
installation, maintenance, repair or servicing of utility lines, generation, intake and
15
outfall facilities, cooling water resources and other related facilities;16
(23) No person shall allow any dog owned by him or any dog subject to his
control, custody, or possession, to enter upon any park within the city; provided,
however, that this subsection shall not apply to dogs participating in shows or
obedience classes authorized by the Carlsbad community services department in
21
20
specified areas of parks, dog parks or other areas specifically designated for dog
22
use by the city council. No person shall allow or permit any dog to destroy any real
23
or personal property or to commit a nuisance on any park property. It is the duty of24
persons having control of a dog to curb such a dog while in a park area;
(24) No person who is over six years of age shall enter or use any water
closet, restroom, dressing room or other facility designated for exclusive use by
28 persons of the opposite sex in a public park or beach;
EXHIBITS
(25) For any person to assemble, collect or gather together in any walk,
2 passageway or pathway set apart for the travel of persons through any park or
3
4
5 (26) Nothing herein contained shall prevent the operation of motor vehicles
6 and free right of public access over, or across any validly dedicated public street or
7
road in the city;
8
(27) No person shall play or practice golf or swing any golf club within anyy
10
11
12
17
18
19
24
25
26
27
28
beach or to occupy same so that the free passage or use thereof by persons
passing along the same shall be obstructed in any manner;
park within the city, except in such areas and to the extent as may be authorized
by posted signs authorized by the city manager or his/her designee;
(28) To sell or offer to sell food, or barter for or solicit a donation for food,
13 without a valid park and facility use permit or special event permit, all applicable
14
health permit(s) issued by County of San Diego Department of Health, and if
15
required, a City of Carlsbad Business License. This subsection shall not apply to16
any state, county or local government entity or other political subdivision;
(29) To use any inflatable commonly known as "jump house," "bounce
house," "jump bouncers," "bouncy houses," "fun houses," or similar device without
a valid Park and facility use permit or special event permit. For purposes of this
21
20
subsection, jump house, bounce house, jump bouncers, bouncy houses, fun
22
houses, or similar is a structure that when inflated by a blower or similar inflating
23
takes on a particular form where a person can bounce, jump, climb and slide on
the inflatable device. The inflatable devices normally have safety features built into
the design and are rugged with reinforced construction.
EXHIBITS
(30) The temporary construction or use of a water slide, slip and slide, dunk
tank, merry-go-round and climbing wall is prohibited except by permission of the2
3
4
beach area west of Carlsbad Boulevard, between Palomar Airport Road and
6 Solamar Drive.
7
(32) To use radio or remote controlled model aircraft or similar devices
8
excepting the beach area west of Carlsbad Boulevard, between Palomar Airport
and Solamar Drive, and excepting on any park's natural turf baseball fields from
8:00 a.m. to 2:00 p.m., only if a scheduled league game or practice is not
10
11
12
26
27
city manager or his/her designee.
(31) To use radio or remote controlled cars or similar devices, excepting the
occurring, or as otherwise permitted by the city manager or his/her designee
13 provided appropriate signs are installed giving adequate notice of such excepted
14
areas.
15 '
16
(Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord.
NS-51 § 1, 1989; Ord. 3222 § 2 (part), 1987) (Ord. No. CS-022, 2-10-2009)
17
18
19
20 EFFECTIVE DATE: This ordinance shall be effective thirty days after
21 its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
22
to be published at least once in a newspaper of general circulation in the City of
23
Carlsbad within fifteen days after its adoption.
25 »
II
II
28 „
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 12th day of January , 2010, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2010, by the following vote to wit:
5
6 AYES:
7 NOES:
8 ABSENT:
9 ABSTAIN:
10
11 APPROVED AS TO FORM AND LEGALITY
12
13
RONALD R. BALL, City Attorney
15
16 CLAUDE A LEWIS, Mayor
17
18 ATTEST:
19
20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
22 "
23
24
25
26
27
28
EXHIBIT 7
Title 11 PUBLIC PROPERTY
Chapter 11.32 PARKS AND BEACHES
11.32.030 Unlawful acts.
It is unlawful for any person to do any of the following mentioned acts in or upon any
park or beach within the city:
(1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of waste
materials, except in approved containers specifically placed and designated to receive
such waste materials;
(2) To start or maintain any fire, except in such areas as are specifically
designated by the city manager for such fires, including stoves, barbecue pits, fire rings
and the like;
(3) To commit any act of vandalism, including the damaging or destroying of
trees or their leaves, limbs or branches, bushes, shrubbery, equipment, signs, buildings
or rooms, or to tear down or to deface the same, or to pick any crops, fruit or flowers in
any portion of such public park or beach;
(4) To bring into or use any firearms or air or gas or spring-propelled guns, sling
shots, bows and arrows, except that bows and arrows may be permitted in such
portions of public parks or beaches which are specifically designated by the city
manager for archery or other projectile-throwing devices;
(5) To discharge or set off firecrackers, torpedoes, rockets or other fireworks
except where a special event permit has been granted pursuant to Chapter 8.17;
(6) To stable, pasture or keep animals or insects;
EXHIBIT 7
(7) No person shall bring into a public park or beach any cattle, horse, mule,
goat, sheep, swine, cat, other animal, fowl or reptile of any kind except as hereafter
specifically provided or as otherwise permitted by the city manager or his/her designee
or with a valid special event permit or park and facility use permit;
(8) To enter any portion of a public park or beach in the city, or buildings or
portions thereof in such public parks and beaches which are posted with signs stating
"no entry," "keep out," "no trespassing," "closed area" or other prohibition of entry;
(9) To enter any portion of or be in a public park or beach in the city at a time of
the day, or on a day of the week, when such entry is prohibited by a clearly legible sign
posted at each entrance to such public park or beach. The city manager is given
authority to post such signs;
(10) To park any vehicles or trailer in any public park or beach in the city, except
in areas specifically designated as parking areas by the city manager or his/her
designee;
(11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal
or fowl of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches.
Notwithstanding any other provisions of this chapter, this section does not apply
to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.
This prohibition does not apply to a dog accompanying an unsighted person, or
other person who by reason of medical necessity must be accompanied by a dog, dogs
while assisting peace officers in law enforcement duties, dog parks or other areas
specifically designated for dog use by the city council, or to dogs participating in shows
EXHIBIT 7
or obedience classes authorized by the Carlsbad community services department on
specified areas of parks or beaches.
This prohibition does not apply to Leo Carrillo Ranch Historic Park with a valid park and
facility use permit issued by the city manager or his/her designee authorizing one or
more horses, ponies, or horse drawn carriages;
(12) To construct or erect on any portion of a public park or beach in the city any
building, fence or structure of whatever kind, whether permanent or temporary in
character, or run, or string or install any public service utility into, upon or across such
lands, except on special written permit of the city manager or his/her designee as to
temporary items and of the city council as to permanent items. Each day such condition
exists shall constitute a new and separate offense;
(13) To park or stand any vehicle or trailer in any public park in the city between
the hours of 11:00 PM and 5:00 AM daily, except as permitted by the city manager or
his/her designee;
(14) To cut and remove any wood or to remove turf, grass, soil, rock, sand,
gravel or fertilizer;
(15) To camp or lodge in any park or beach except in those areas designated
and posted as camping sites by the city manager or his/her designee;
(16) To play or engage in any sport or sporting event in any picnic area;
(17) To disturb in any manner any picnic, meeting, service, concert, exercise or
exhibition;
(18) For any groups consisting of twenty five or more persons to hold, conduct or
participate in any celebration, parade, service, picnic, exercise, or other special event
EXHIBIT 7
without having first obtained an approved park and facility use permit. This subsection
shall not apply to any beach in the city;
(19) To distribute any handbills or circulars, or to post, place or erect any bills,
notice, paper, or advertising device or matter of any kind;
(20) To sell or offer for sale or to rent or lease any merchandise, article or thing,
whatsoever, unless granted a valid special event or park and facility use permit issued
by the city council or his/her designee;
(21) To practice, carry on, conduct or solicit for any trade, occupation, business
or profession of whatsoever kind or character without permission of the city council or
city manager;
(22) To use or operate any vehicles at any time, except as permitted by the city
manager, or his/her designee, in a park, designated streets or parking areas or as part
of a supervised recreational activity or as authorized by the owners of the outer lagoon.
This subsection does not apply to officers, agents or employees of the United States,
the state of California, the city, or public utility companies or other local government
agencies, when they are using motor-powered vehicle in the performance of their official
duty, nor to the use of motor-powered vehicle in emergencies when it is necessary to
use them for the preservation or protection of life or property, nor to utility companies
using motor-powered vehicle for the installation, maintenance, repair or servicing of
utility lines, generation, intake and outfall facilities, cooling water resources and other
related facilities;
(23) No person shall allow any dog owned by him or any dog subject to his
control, custody, or possession, to enter upon any park within the city; provided,
Z'7
EXHIBIT 7
however, that this subsection shall not apply to dogs participating in shows or
obedience classes authorized by the Carlsbad community services department in
specified areas of parks, dog parks or other areas specifically designated for dog use by
the city council. No person shall allow or permit any dog to destroy any real or personal
property or to commit a nuisance on any park property. It is the duty of persons having
control of a dog to curb such a dog while in a park area;
(24) No person who is over six years of age shall enter or use any water closet,
restroom, dressing room or other facility designated for exclusive use by persons of the
opposite sex in a public park or beach;
(25) For any person to assemble, collect or gather together in any walk,
passageway or pathway set apart for the travel of persons through any park or beach or
to occupy same so that the free passage or use thereof by persons passing along the
same shall be obstructed in any manner;
(26) Nothing herein contained shall prevent the operation of motor vehicles and
free right of public access over, or across any validly dedicated public street or road in
the city;
(27) No person shall play or practice golf or swing any golf club within any park
within the city, except in such areas and to the extent as may be authorized by posted
signs authorized by the city manager or his/her designee;
(28) To sell or offer to sell food, or barter for or solicit a donation for food, without
a valid park and facility use permit or special event permit, all applicable health permit(s)
issued by County of San Diego Department of Health, and if required, a City of Carlsbad
EXHIBIT 7
Business License. This subsection shall not apply to any state, county or local
government entity or other political subdivision;
(29) To use any inflatable commonly known as "jump house," "bounce house,"
"jump bouncers," "bouncy houses," "fun houses," or similar device without a valid Park
and facility use permit or special event permit. For purposes of this subsection, jump
house, bounce house, jump bouncers, bouncy houses, fun houses, or similar is a
structure that when inflated by a blower or similar inflating takes on a particular form
where a person can bounce, jump, climb and slide on the inflatable device. The
inflatable devices normally have safety features built into the design and are rugged
with reinforced construction.
(30) The temporary construction or use of a water slide, slip and slide, dunk tank,
merry-go-round and climbing wall is prohibited except by permission of the city manager
or his/her designee.
(31) To use radio or remote controlled modol aircraft, carsx or similar devices,
excepting the beach area west of Carlsbad Boulevard, between Palomar Airport Road
and Solamar Drive.
(32) To use radio or remote controlled model aircraft or similar devices excepting
the beach area west of Carlsbad Boulevard, between Palomar Airport Road and
Solamar Drive, and excepting on any park's natural turf baseball fields from 8:00 a.m. to
2:00 p.m. only if a scheduled league game or practice is not occurring, or as otherwise
permitted bv the city manager or his/her desianee. provided appropriate signs are
installed giving adequate notice of such excepted areas.
EXHIBIT 7
(Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord. NS-
51 § 1, 1989; Ord. 3222 § 2 (part), 1987);
All Receive-Agenda Item #J®
KiraLinberg
From:
Sent:
To:
Subject:
Rod Mindlin [rod.art@earthlink.net]
Tuesday, January 12, 2010 12:55 PM
Council Internet Email
Allow radio control airplanes on baseball fields
CITY COUNCIL
Asst. CM__CA^rcC_t^
"'^ ijLJ^TCity Manager t^ —
Council Members,
I visit Carlsbad parks and I'm asking you to vote for Option 4, allowing continued us of r/c
aircraft on baseball fields when no other events are scheduled.
Radio control hobbies are a benefit to young and old alike and are enjoyed by the young
children and adults who watch us fly.
We are cognizant of the rules for safety and are insured by the AMA, and we enjoy sharing the
parks with others.
Thank you for your consideration.
Rod Mindlin
Lisa Hildabrand
Ail Receive-Agenda Item #
For the Information of thi
From:
Sent:
To:
Cc:
Subject:
Mick Calarco
Tuesday, January 12, 2010 7:44 AM
Lisa Hildabrand
John Coates
Follow Up on R/C Aircraft Questions from Council Briefings
<~u r cuuNCIL
n^te Jjll-Ciry Managerjc^
Lisa:
In regard to Councilmember Hall's questions pertaining to airtime and flight range of r/c aircraft, I received the following
reply from the Carlsbad Flyers:
"The average park flyer will have a flight time which varies between 7 and 10 minutes. The transmitter range can exceed
several thousand feet but most of the time the model aircraft is only a few hundred feet away. Beyond a few hundred
feet the aircraft becomes quite small and difficult to see."
Please share as appropriate.
Thanks,
Mick
CITY OF CARLSBADCITY CLERK'S OFFICE.
JAN 1 22010
City of Carlsbad
City Council Meeting
January 12, 2010
Background
Subsection (31) was added to section 11.32.030 of the
Carlsbad Municipal Code prohibiting the “use [of]
radio or remote controlled aircraft, cars, or similar
devices [in parks], excepting the beach area west of
Carlsbad Boulevard, between Palomar Airport Road
and Solamar Drive.”
The amendment was in response to concerns
regarding ambient noise, and personal and property
safety issues.
California State Parks issued a position paper
regarding the use of the beach area.
Staff worked with radio controlled aircraft enthusiasts,
and consulted the Academy of Model Aeronautics
(AMA) for best practices.
Four Options
Option #1: Repeal amendment and deregulate use.
Option #2: Make no changes. Section shall remain as
amended.
Option #3: Allow the strictly regulated use of radio or
remote controlled aircraft at Zone 5 athletic field only.
Option #4: Allow the use of radio or remote controlled
devices at natural turf baseball fields during specified
times and when athletic activities are not occurring.
Fiscal Impact and
Recommended Action
If Option #3 or #4 are selected, there would be a minor
fiscal impact related to the cost of fabricating and
installing rules and regulations signs.
Parks and Recreation Commission voted unanimously to
recommend Option #4 for Council approval.
If Option #4 is selected, introduce the proposed Ordinance
amending section 11.32.030 of Chapter 11.32 of the Carlsbad
Municipal Code.