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HomeMy WebLinkAboutAGENDA REPORT 2018 1003 CCSA REG ITEM 08BCITY OF MOORPARK, CALIFORNIA City Council Meeting of 10/3/2018 ACTION Introduced Ord No. 465, Adopted Reso No. 2018-3751, as amended, and Reso No. 2018-3752, as amended BY M.Benson B. Consider Introduction of an Ordinance Adopting Zoning Ordinance Amendment No. 2018-04, Amendments to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses) of the Moorpark Municipal Code Addressing Temporary Filming; Consider a Resolution Adopting Rules and Regulations for Temporary Filming; Consider Adopting a Resolution Updating the City’s Permit Application and Review and Processing Fees and Deposits and Rescinding Resolution No. 2017-3608; and Determining That These Actions Are Exempt from the California Environmental Quality Act. Item: 8.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager Joseph Fiss, Planning Manager DATE: 10/3/2018 Regular Meeting SUBJECT: Consider Introduction of an Ordinance Adopting Zoning Ordinance Amendment No. 2018-04, Amendments to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses) of the Moorpark Municipal Code Addressing Temporary Filming; Consider a Resolution Adopting Rules and Regulations for Temporary Filming; Consider Adopting a Resolution Updating the City’s Permit Application and Review and Processing Fees and Deposits and Rescinding Resolution No. 2017-3608; and Determining That These Actions Are Exempt from the California Environmental Quality Act SUMMARY On August 1, 2018, the City Council adopted Resolution No. 2018-3730, initiating proceedings to consider amendments to the Zoning Ordinance to establish new filming regulations within the City. On August 28, 2018, the Planning Commission conducted a public hearing and recommended that the City Council approve Zoning Ordinance Amendment No. 2018-04 and new Rules and Regulations for Temporary Filming. In addition to updating the City’s filming ordinance, staff is also recommending that the City Council formally establish a fee for parking lot rentals associated with Film Permits and update the City’s Film Permit fees to more precisely reflect the City’s costs to issue a Film Permit and the new filming ordinance. BACKGROUND The City’s current filming regulations (Section 17.28.120 of the Moorpark Municipal Code) date back to the City’s original Zoning Ordinance in 1994, and are in need of modernization. While the City’s current Film Permit process has been implemented through various department level policies, codification of the process can improve consistency and predictability for potential Film Permit applicants, while also making it easier for applicants to understand and complete the City’s permitting process. Item: 8.B. 14 Honorable City Council 10/3/2018 Regular Meeting Page 2 The City Council’s adopted Priorities, Goals and Objectives for FY 2017/2018 and FY 2018/19 document contains the following Objective: • Adopt City Film Ordinance by December 31, 2017. (CD, CE/PW & CM) Although workload issues delayed the start of work on this Objective, on August 1, 2018, the City Council adopted Resolution No. 2018-3730, initiating proceedings to consider amendments to the Zoning Ordinance to establish new filming regulations within the City, including direction to the Planning Commission to hold a public hearing and provide a recommendation to the City Council on amendments to the Moorpark Municipal Code to establish new filming regulations within the City. On August 28, 2018, the Planning Commission held a public hearing and recommended, by a 4-0 vote (Commissioner Haverstock absent), approval of Zoning Ordinance Amendment No. 2018-04, addressing temporary filming and adopting Rules and Regulations for Temporary Filming. In addition, as part of the City Council’s review of temporary filming, staff is also recommending that the City Council formally establish a fee for parking lot rentals associated with Film Permits and update the City’s Film Permit fees to more precisely reflect the City’s costs to issue a Film Permit. DISCUSSION The California Film Commission (CFC), the state agency tasked with promoting film production within the state, maintains a model filming ordinance, which was most recently updated in October 2017. The model ordinance is generally intended to unify the structure and format of filming ordinances across the many jurisdictions throughout the state. Like a building code, local amendments to address local issues are both planned for and expected. The proposed new filming regulations are based on the CFC’s model ordinance, with some local amendments incorporated. The Planning Commission also recommends approval of a set of Rules and Regulations for Temporary Filming to accompany the ordinance, as provided for in both the CFC’s model ordinance and the proposed City ordinance. These Rules and Regulations are proposed to be adopted separately by resolution of the City Council, thereby allowing the ability for amendments in the future without going through a Zoning Ordinance Amendment process and its associated time and costs. The attached draft ordinance (Attachment 1) would approve Zoning Ordinance Amendment No. 2018-04 and is described in further detail below. 15 Honorable City Council 10/3/2018 Regular Meeting Page 3 Amendments to Use Matrices (Sections 17.20.050 and 17.20.060) Temporary filming is currently listed as an allowed use by Temporary Use Permit (issued as a “Film Permit”) in all residential, commercial, and industrial zones except for the Residential Planned Development (RPD) 20U-N-D designation, which was created as part of the implementation of the current General Plan Housing Element to establish a zone for 20 residential units per acre by right (non-discretionary). Three properties in Moorpark have been given this zoning for the State to certify the City’s Housing Element. The non-allowance of temporary filming in this zone was an oversight by staff when the RPD 20U-N-D zone was created, and not intentional. As part of the filming ordinance update, staff recommends allowing temporary filming in the zone, since it is now the only location in the City where temporary filming has not been allowed in the use matrix. Staff Recommendation: Allow Temporary Filming in the RPD20U-N-D zone by TUP. The Zoning Ordinance’s land use matrices currently list temporary filming as: Motion picture and television production and related activities and structures (activities of a maximum of forty-two [42] days in any one hundred eighty [180] day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code.” This definition of temporary filming narrowly defines what constitutes “temporary filming.” A more flexible approach consistent with the CFC’s model film ordinance is recommended. For example, an applicant may want to film in an indoor location on private property for 45 days, and then may never host another film shoot. Staff would consider this to be temporary filming, and that the primary land use would remain. On the other hand, if a single-family residence hosted five separate week-long film shoots back-to-back, the primary land use of the house is no longer residential and the use would not be allowed in a residential zone. Removing the strict definition of temporary filming from the use matrix gives the Community Development Director more flexibility to exercise judgment to determine when filming at a location is no longer a temporary use. In addition to changing the definition of temporary filming, administrative changes are suggested to clarify that temporary still photography is included under this entry in the land use matrix and to more specifically identify the Zoning Ordinance section that applies to temporary filming. Staff Recommendation: Update and make administrative changes to Section 17.20.050 and Section 17.20.060 definitions of temporary filming, as shown in Exhibit A of Attachment 1. 16 Honorable City Council 10/3/2018 Regular Meeting Page 4 Filming Ordinance (Section 17.28.120) The City’s current filming ordinance contains a single paragraph stating that filming shall not result in high or unreasonable nuisance, that a permit is required, and that property shall be restored to its original condition when filming is completed. As contained in the CFC’s model ordinance, a modern section of definitions is provided, along with exemptions for filming by news media, filming of personal/family video, and filming at studios (that have a permanent approval for filming). For the proposed City ordinance, staff is also recommending exemptions for still photography for business advertisements at the businesses being advertised and for City-sponsored filming. As further contained in the CFC’s model ordinance, the proposed ordinance grants the authority for the Community Development Director to issue Film Permits, specifies information to be included on Film Permit applications, codifies insurance/liability requirements, grants the City Council the authority to adopt a fee schedule for Film Permits, and grants the City Council the authority to develop Rules and Regulations for Temporary Filming (described below). Staff is also proposing several other provisions beyond the model ordinance. First, the City’s options when a violation of the City’s filming ordinance or an issued Film Permit occurs have been expanded so that the City has greater recourse to address violations than simply revoking a permit. Violators may be personally charged with an infraction for violating the City’s filming ordinance or failing to comply with Film Permit conditions. Additionally, the proposed ordinance incorporates a Best Practice suggested by the CFC, waiving permit fees for charitable filming and for student films. In eliminating fees for charitable filming, the City is effectively making it easier for charities making films to spend more of their resources on their missions and less on production costs. In eliminating fees for student films, the City helps educational institutions developing future generations of filmmakers and promoting Moorpark as a film-friendly city. It should be noted that these fee waivers would only apply to the City’s basic Film Permit fees. Fees for services provided in support of filming (such as reimbursement for the cost to the City to provide traffic control services) and outside review fees (such as those for the Ventura County Fire Department or Ventura County Sheriff’s Office) would still be assessed. Staff Recommendation: Adopt a new filming ordinance, as shown in Exhibit A of Attachment 1. Rules and Regulations for Temporary Filming Both the CFC’s model ordinance and the proposed ordinance include provisions for the City to promulgate a set of Rules and Regulations for Temporary Filming based on 17 Honorable City Council 10/3/2018 Regular Meeting Page 5 public health and safety, safety of property in the City, traffic congestion, and mitigation of disruption to people affected by temporary filming. The proposed Rules and Regulations for Temporary Filming (Exhibit A of Attachment 2) are designed to balance the requests of Film Permit applicants and the effects on residents/businesses that may be impacted by the filming. To accomplish this, the Rules and Regulations establish public notification requirements, restrictions limitations on traffic impacts on major thoroughfares, the authority of the City to place conditions on Film Permits to mitigate impacts on nearby residents and businesses, and criteria by which a Film Permit may be denied or cancelled. The Rules and Regulations would allow the Community Development Director to require a notification to affected residents/businesses before a Film Permit is issued. The notification must include the scope of filming, contact information for the Film Permit applicant, and where cast/crew parking will be located. This notification process is a win-win for all parties involved. Concerned residents and businesses have a chance to directly voice concerns with Film Permit applicants and make appropriate arrangements. Residents and businesses also will have certainty about when filming is scheduled, rather than worry about when film-related lighting or noise may conclude. Film Permit applicants can also then proactively address concerns before filming takes place, rather than while filming takes place. Additionally, by providing the affected public with direct contact information to the Film Permit applicants, minor issues during filming may be dealt with immediately and directly, without the City’s involvement. For example, a resident’s driveway might be blocked by a film crew member’s parked vehicle. It is more efficient for the resident to contact the Location Manager to have the car moved than for the resident to contact the Police Department, who will then deploy an officer to the filming location to cite the vehicle and then work to identify who the car belongs to or tow the vehicle. The Rules and Regulations also, by default, prohibit filming that has traffic impacts on main thoroughfares during weekday rush hours. However, the Community Development Director may grant an exception to this prohibition on a case-by-case basis. This would typically occur because of the unique nature of the date of filming (such as the morning rush hour on a weekday holiday, or a day that an affected school may be out of session) or because an acceptable traffic control plan has been submitted to and approved by the City. As written, the burden of proof to demonstrate acceptability is on the Film Permit applicant. The Community Development Director is also given broad authority to place conditions on a Film Permit to mitigate any filming impacts. For example, cast/crew parking can be required to be off-site. Film-related parking may be prohibited in front of a community mailbox. Permission of property owners for may be required for filming that creates an unmitigable nuisance, such as overnight construction noise for a home improvement show. While the City would normally deny a request for overnight construction noise 18 Honorable City Council 10/3/2018 Regular Meeting Page 6 because it would create an unreasonable nuisance to nearby residents, the City could grant an exemption if all affected residents signed documentation that they were supportive of the filming. This approach will give the City flexibility to be both film- friendly and cognizant of the impacts of filming on residents and businesses within the City. Staff Recommendation: Approve new Rules and Regulations for Temporary Filming, as shown in Exhibit A of Attachment 2. Review by the California Film Commission Under California Government Code Section 14999.21(b), a city or county must submit a proposed filming ordinance or amendment to the California Film Commission for review prior to adoption. Although the Commission does not have the authority to approve or reject an ordinance, any comments from the Commission must be presented to subsequent decision makers, such as the Planning Commission and City Council, prior to adoption. On August 7, 2018, the California Film Commission completed its review and stated they are “pleased to say that we have no notes for you. You followed the state’s model film ordinance closely, and your Rules and Regulations for Temporary Filming are all quite reasonable. We greatly appreciate the city’s efforts to be film-friendly.” The California Film Commission’s full comments are provided as Attachment 4. Film Permit Fees The City’s current Film Permit fees are contained are in the Community Development Department’s “City of Moorpark Permit Application Review and Processing Fees and Deposits” (fee schedule), which were last updated by the City Council on July 5, 2017. California Government Code Section 66014 states that cities cannot charge fees for permits (such as Film Permits) that exceed the costs of providing the service. The City’s current Film Permit fee structure complies with this requirement and consists of a base fee to process a Film Permit, plus a smaller daily rate to recover the cost of inspecting a permitted film shoot. However, the base fee is the same regardless of how many locations are included in a film shoot, with an average number of locations on a permit assumed when the fee was created. Because having multiple locations significantly increases the amount of staff time required to review a Film Permit, though, applicants seeking to permit filming at a single location are currently overcharged, and applicants seeking to permit filming at multiple locations are currently undercharged. Staff recommends that the City’s Film Permit fees be restructured to reflect both the new filming ordinance’s requirements and to reflect a Film Permit base fee dependent on the number of locations being requested. The latter item will have the result of a 19 Honorable City Council 10/3/2018 Regular Meeting Page 7 lower fee for applicants seeking one location and a higher fee for applicants seeking many locations, thus more accurately charging applicants for services being provided. Having a lower fee for a one-location permit will also hopefully give the City a competitive advantage over other jurisdictions in attracting filming and cast the City in a more film-friendly light. Many of the fees contained in the Community Development Department’s fee schedule are subject to a 60-day waiting period before becoming effective pursuant to California Government Code Section 66017. However, because Film Permit fees are not “development fees” as defined, the Film Permit fee updates are not subject to the 60- day waiting period. The attached draft fee resolution (Attachment 3) provides that these fee updates take effect immediately upon adoption. The proposed amendments to the Community Development Fee Schedule are shown below. Film Permits Fee Notes Film Permit – Private Property Only $550 +$110/day $300 +$140 per location + $105 per day $300 flat fee for Police Department review may also be required. An additional deposit may also be required for anticipated additional staff and police monitoring costs. If a permit is issued for both private property and City property/right-of-way locations, then: the $405 base rate for City property/right-of-way shall be used; private property locations shall use the $140 ‘per location’ fee, and City property/right-of-way locations shall use the $180 ‘per location’ fee; and a ‘per day’ fee of $300 shall apply to any day in which filming takes place on City property/right-of-way, and a ‘per day’ fee of $105 shall apply to any day in which filming takes place entirely on private property. Film Permit – Involving City Property or Public Right-of-Way $880 +$170/day $405 +$180 per location + $300 per day $300 flat fee for Police Department review may also be required. An additional deposit may also be required for anticipated additional staff and police monitoring costs. If a permit is issued for both private property and City property/right-of-way locations, then: the $405 base rate for City property/right-of-way shall be used; private property locations shall use the $140 ‘per location’ fee, and City property/right-of-way locations shall use the $180 ‘per location’ fee; and a ‘per day’ fee of $300 shall apply to any day in which filming takes place on City property/right-of-way, and a ‘per day’ fee of $105 shall apply to any day in which filming takes place entirely on private property. No changes to the fee ($110) for a Film Permit for Still Photography are proposed. 20 Honorable City Council 10/3/2018 Regular Meeting Page 8 The fees are based on the estimated amount of staff time it will take to review and process a Film Permit, as well as conduct inspections and address any concerns raised by either applicants or adjacent residents and businesses during the actual filming. Applying the proposed fees to the 3 Film Permits issued by the City so far through 2018, the City would have collected $2,370 in Film Permit fees, compared to $1,975 using the current fees. Fee for Parking Lot Rental with Film Permit To mitigate disruption at and around filming locations, production companies often seek off-site parking lots for cast and crew parking and then shuttle people between the parking lots and the filming location. Parking lots owned by churches, schools, parks, and shopping centers are frequently used for this purpose. Occasionally, film permit applicants negotiate individual leases with City staff to utilize City-owned parking lots. Formally adopting a fee for a Film Permit applicant to rent a City-owned parking lot will provide certainty for applicants about the cost of doing so and enable staff to immediately provide the cost to a potential applicant, rather than negotiate costs on a case-by-case basis. Because a fee for a parking lot rental is not a service charge, the fee is not dependent entirely on the cost of providing a service (in this case, reviewing and executing a parking lot rental lease). Staff recommends establishing a rental rate of $250 per day, which matches the rate charged by the City of Simi Valley and which is slightly below the market rate for parking rentals at other locations. Staff believes that this rate balances the City’s ability to earn revenue for parking lot rentals and the City’s desire to be film-friendly. The proposed insertion into the Community Development Department’s fee schedule is shown below and in the draft fee resolution Attachment 3. Film Permits Fee Notes Parking Lot Rental with Film Permit $250 per lot, per day A refundable clean-up deposit of $1,000 or more may also be required at the City’s discretion. A refundable clean-up deposit of $1,000 is also recommended, to ensure that renters clean up trash and repair any damage to parking lots. In cases where there is an elevated risk of damage, a larger refundable deposit may be required by the City. For example, if multiple big rig trucks are to be parked in a small or narrow parking lot, there is an elevated risk to curbs and wheel stops. Insofar as parking lot rental fees are not “development fees” under California Government Code Section 66017, this fee is also not subject to a 60-day waiting period. The draft fee resolution (Attachment 3) provides that this fee take effect immediately upon adoption. 21 Honorable City Council 10/3/2018 Regular Meeting Page 9 ENVIRONMENTAL DETERMINATION The Community Development Director has reviewed the contents of the draft ordinance, the draft Rules and Regulations for Temporary Filming, and the updates to the Community Development Department’s fee schedule. The Director has determined that these items are exempt from the provisions of the California Environmental Quality Act (CEQA) because CEQA only applies to projects that may have a significant effect on the environment. The Director has concluded that adopting a new filming ordinance, adopting Rules and Regulations for Temporary Filming, and updating the Community Development Department’s fee schedule do not propose any construction or any alteration to the physical environment. As such, the proposal is exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). NOTICING A public hearing is required for the establishment/increase of fees and for consideration of an ordinance amending the Zoning Ordinance. The Notice of Public Hearing was published in the Ventura County Star in a 1/8 page ad on September 19, 2018, and September 26, 2018. Notice of the hearing was also sent to Southern California Edison per its request. FISCAL IMPACT A small increase in General Fund direct revenues is anticipated, as small increases in the number of Film Permits and related parking lot rentals are expected to result from the City modernizing its filming ordinance and adopting a more film-friendly posture. As more filming comes to the City, there will also be a small multiplier effect on other revenue streams, as cast and crew purchase other goods and services while filming in Moorpark. However, the overall fiscal impact is not expected to be significant. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Introduce Ordinance No. ___ for first reading, waive full reading, and place the Ordinance on the Agenda for the October 17, 2018 regular meeting for purposes of providing second reading and adoption of the Ordinance. 3. Adopt Resolution No. 2018-___ adopting Rules and Regulations for Temporary Filming. 22 Honorable City Council 10/3/2018 Regular Meeting Page 10 4. Adopt Resolution No. 2018-___ updating the City’s Permit Application and Review and Processing Fees and Deposits. ATTACHMENTS: 1. Draft Ordinance No. ___ 2. Draft Resolution No. 2018-___ 3. Draft Resolution No. 2018-___ 4. Correspondence from California Film Commission 23 ATTACHMENT 1 ORDINANCE NO. 2018-___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2018-04, AN AMENDMENT TO CHAPTERS 17.20 (USES BY ZONE) AND 17.28 (STANDARDS FOR SPECIFIC USES), OF THE MOORPARK MUNICIPAL CODE ADDRESSING TEMPORARY FILMING, AND DETERMINING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on August 1, 2018, the City Council adopted Resolution No. 2018- 3730, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on a Zoning Ordinance Amendment to address temporary filming and new rules and regulations for temporary filming: and WHEREAS, at a duly noticed public hearing on August 28, 2018, the Planning Commission considered Zoning Ordinance Amendment No. 2018-04; and WHEREAS, at its meeting of August 28, 2018, the Planning Commission considered the agenda report, opened the public hearing, and, after discussion, adopted Resolution No. PC-2018-631, recommending approval of Zoning Ordinance Amendment No. 2018-04; and WHEREAS, at a duly noticed public hearing on October 3, 2018, the City Council considered Zoning Ordnance Amendment No. 2018-04, opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the Community Development Director has reviewed the contents of the draft ordinance. The Director has determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) because CEQA only applies to projects that may have a significant effect on the environment. The Director has concluded that the adoption of this ordinance does not propose any construction or any alteration to the physical environment. As such, the proposal is exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION. The City Council concurs with the determination of the Community Development Director that this proposal is exempt from the provisions of the California Environmental Quality Act because CEQA only applies to projects that may have a significant effect on the environment, and the adoption of this ordinance does not propose any construction or any alteration to the physical environment. As such, the proposal is exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. 24 Ordinance No. 2018-___ Page 2 SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds Zoning Ordinance Amendment No. 2018-04 to be consistent with the Moorpark General Plan and all adopted Specific Plans, in that the proposed Zoning Ordinance Amendment is consistent with Economic Development and Employment Goal 13 (“Achieve a well-balanced and diversified economy within the City which provides a variety of economic and employment opportunities”) and Growth and Population Policy 8.1 (“New development and redevelopment shall be orderly with respect to location, timing, and density/intensity…”). By clearly outlining the City’s policies and regulations for temporary filming, the ordinance will expand opportunities for the film industry to come to Moorpark and better protect Moorpark residents and businesses from any nuisances that may be associated with temporary filming. SECTION 3. The City Council hereby approves Exhibit A, Zoning Ordinance Amendment No. 2018-04, which amends Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses) of the Moorpark Municipal Code, addressing temporary filming. SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this ______ day of October, 2018. ______________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Maureen Benson, City Clerk Exhibit A – Zoning Ordinance Amendment No. 2018-04 25 Ordinance No. 2018-___ Page 3 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2018-04 CHAPTERS 17.20 (USES BY ZONE) AND 17.28 (STANDARDS FOR SPECIFIC USES), OF THE MOORPARK MUNICIPAL CODE ADDRESSING TEMPORARY FILMING 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD D. Accessory and Miscellaneous Uses 8.Temporary Mmotion picture, and television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 (activities of a maximum of forty-two [42] days in any one hundred eighty [180] day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code) TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP 17.20.060 Permitted uses in commercial and industrial zones C-O C-1 CPD C-2 C- OT M-1 M-2 I F. Accessory and Miscellaneous Uses 8. Temporary Mmotion picture, and television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 (activities of a maximum of forty-two [42] days in any one hundred eighty [180] day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code) TUP TUP TUP TUP TUP TUP TUP 26 Ordinance No. 2018-___ Page 4 17.28.120 Motion Picture and TV ProductionTemporary Filming Such outdoor filming shall not result in high or unreasonable levels of light, glare or noise being directed toward neighboring properties and shall not cause disturbances in normal traffic flows, nor cause damage to flora or fauna. The applicant shall obtain the appropriate permits and approvals from the city and other city departments, and shall restore the property to its original condition when such filming is completed. The time limits stated in Chapter 17.20 of this title for temporary filming apply to individual lots. A. Definitions. For the purposes of this title, the following definitions shall apply: 1. “Motion Picture, Television, or Still Photography” shall mean and include all activity attendant to staging or shooting commercial motion pictures, television shows, or programs, commercials, digital media, still photography, and Student Films in any medium, including film, tape, or digital format. 2. “Charitable Films” shall mean commercials, motion pictures, television, digital media, or still photography produced by a nonprofit organization, which qualifies under Section 501(C)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos. 3. “News Media” shall mean the photographing, filming, or videotaping for the purpose of spontaneous, unplanned television news broadcasts (“breaking news”), or reporting for print media by reporters, photographers, or camerapersons. 4. “Student” shall mean a person producing Motion Picture, Television, or Still Photography to satisfy a secondary or post-secondary school course requirement at an educational institution. 5. “Studio” shall mean a fixed place of business certified as such by the community development director where filming activities (motion or still photography) are regularly conducted upon the premises. B. Permits and exemptions. 1. Permit required. No person shall use any public or private property, facility, or residence for the purpose of Motion Picture, Television, or Still Photography production without first applying for and receiving a permit from the community development director. 2. Exemptions. The provisions of this Section shall not apply to or affect the following: 27 Ordinance No. 2018-___ Page 5 a. News Media. Reporters, photographers, or camerapersons in the employ of a newspaper, news service, or similar entity engaged in News Media, including on-the-spot print media, publishing, or broadcasting of news events concerning those persons, scenes, or occurrences that are in the news and of general public interest. b. Personal/Family Video: The recording of visual images (motion or still photography) solely for private personal use, and not for commercial use. c. Studio Filming: Filming activities (motion or still photography) conducted at a studio designated for such use. d. Still Photography for Business Advertisements: Still photography for advertisements produced at the business that is the subject of the advertisements, provided all filming activities take place on private property and result in no impairment of the use of the public right- of-way or other public facilities. e. City-sponsored Filming: Filming by the City, provided the filming results in no impairment of the use of the public right-of-way or other public facilities. 3. Rules and Regulations: The community development director is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing the form, time, and location of Motion Picture, Television, or Still Photography within the City. The director is also authorized to issue permits that authorize Motion Picture, Television, or Still Photography. The rules and regulations will be based upon the following criteria: a. The health and safety of all persons; b. Mitigation of disruption to all persons within the affected area; c. The safety of property within the City; and d. Traffic congestion at particular locations within the City. 4. Applicants and Issuance: a. Issuing Authority: The community development director is responsible for issuing the permits required by this section for Motion Picture, Television, or Still Photography. 28 Ordinance No. 2018-___ Page 6 b. Applications: The following information shall be included in the application for a permit to engage in Motion Picture, Television, or Still Photography: i. The applicant and his/her electronic mail (E-mail) address and cellular phone number, as well as the address, E-mail address, and telephone number of the contact person at the place at which the activity is to be conducted; ii. The specific location at such address or place; iii. The inclusive hours and dates such activity will occur; iv. A general statement describing the character or nature of the proposed filming activities; v. The name, address, E-mail address, and cell phone number of the person or persons in charge of such filming activity; vi. The number of personnel to be involved; vii. Activity that may cause an impact to the public health, safety, or welfare, such as the use of any animals, gunfire or pyrotechnics, low flying helicopters and/or unmanned aircraft systems (drones); viii. The exact amount/type of vehicles/equipment to be employed along with a parking plan; and ix. All applicable documentation (remote pilot certificate, UAS registration certificate, waivers, description of flight operations, etc.) if a UAS (drone) is being used. c. Fee Schedule: The City Council is authorized to adopt a fee schedule for Film Permits by resolution to recover the City’s cost of operating the permitting program described in this section, provided that the fee shall not be charged for Charitable Films or for Motion Picture, Television, or Still Photography done by a Student. However, fees for direct services provided by the City for such filming, including but not limited to traffic control and police services, shall be charged for Charitable Films and Student Films. d. Reimbursement for Personnel: The applicant shall reimburse the City for any City services provided to the applicant (e.g., police, traffic) for the purpose of assisting or facilitating the production, whether such services are requested by the applicant or imposed as a condition of the permit. 29 Ordinance No. 2018-___ Page 7 e. Change of Date: Upon request of the applicant and good cause showing, the director may change the date(s) for which the permit has been issued. 5. Liability a. Liability Insurance: Before a permit is issued, the applicant shall provide the director a certificate of insurance naming the City as additional insured for protection against claims of third persons for personal injuries, wrongful deaths, and property damage. The policy shall be $1,000,000 combined single-limit per occurrence. Higher liability limits or separate aerial coverage shall be required for the use of helicopters and/or drones, or as otherwise determined by the director based upon the proposed activity. City officers, and employees, and agents shall also be named as additional insured. The applicant must provide evidence of insurance coverage that will not expire until the completion of all planned production activities, including the strike and restoration of all locations. A copy of the certificate will remain on file. b. Worker’s Compensation Insurance: The applicant shall conform to all applicable Federal and State requirements for Worker’s Compensation Insurance for all persons operating under a permit. c. Hold Harmless Agreement: The applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this ordinance. d. Security Deposit: To ensure cleanup and restoration of location sites, the applicant may be required to submit a refundable deposit in an amount to be determined by the director based upon the type of activity. Upon completion of filming and inspection of the site by the City, if no verifiable damage has occurred, the security deposit shall be returned to the applicant. 6. Violations. If an applicant violates any provisions of this section or a permit issued pursuant thereto, the City may provide the applicant with verbal or written notice of such violation. If the applicant fails to correct the violation, the City may revoke the permit, and all filming activity must cease. Any applicant who willfully refuses or fails to comply with the provisions of this section or any terms and conditions of any permit issued thereto shall be guilty of an infraction, and every violation shall be construed as a separate offense for each day or part of a day during which such violation continues. 30 ATTACHMENT 2 RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR TEMPORARY FILMING, AND DETERMINING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on August 1, 2018, the City Council adopted Resolution No. 2018- 3730, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on a Zoning Ordinance Amendment to address temporary filming and new rules and regulations for temporary filming: and WHEREAS, at a duly noticed public hearing on August 28, 2018, the Planning Commission considered Zoning Ordinance Amendment No. 2018-04 and Rules and Regulations for Temporary Filming; and WHEREAS, at its meeting of August 28, 2018, the Planning Commission considered the agenda report, opened the public hearing, and, after discussion, adopted Resolution No. PC-2018-631, recommending approval of Zoning Ordinance Amendment No. 2018-04 and adoption of Rules and Regulations for Temporary Filming; and WHEREAS, at a duly noticed public hearing on October 3, 2018, the City Council considered the Rules and Regulations for Temporary Filming, opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the Community Development Director has reviewed the Rules and Regulations for Temporary Filming. The Director has determined that their adoption is exempt from the provisions of the California Environmental Quality Act (CEQA) because CEQA only applies to projects that may have a significant effect on the environment. The Director has concluded that the approval of Rules and Regulations for Temporary Filming does not propose any construction or any alteration to the physical environment. As such, the proposal is exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION. The City Council concurs with the determination of the Community Development Director that this proposal is exempt from the provisions of the California Environmental Quality Act because CEQA only applies to projects that may have a significant effect on the environment, and the approval of Rules and Regulations for Temporary Filming does not propose any construction or any alteration to the physical environment. As such, the proposal is 31 Resolution No. 2018-____ Page 2 exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. SECTION 2. The Rules and Regulations for Temporary Filming, attached hereto as Exhibit A, are hereby approved. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 3rd day of October, 2018. _________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Maureen Benson, City Clerk Exhibit A: Rules and Regulations for Temporary Filming 32 Resolution No. 2018-____ Page 3 EXHIBIT A RULES AND REGULATIONS FOR TEMPORARY FILMING I. Purpose As provided for in Section 17.28.120.B.3 of the Moorpark Municipal Code, the Community Development Director is authorized and directed to promulgate rules and regulations governing the form, time, and location of any filming activity within the City. The rules and regulations must be based upon the following: 1. The health and safety of all persons; 2. Mitigation of disruption to all persons within the affected area; 3. The safety of property within the City; and 4. Traffic congestion at particular locations within the City. II. Notification to Public Public notification of proposed filming is intended to advise nearby residents and business that filming will occur. Public notifications must be completed at least 24 hours prior to the start of any filming or staging activities. The Community Development Director shall determine whether or not to require public notification and, if so, the recipients based upon a review of a completed Film Permit application. The Community Development Director may require notification where the proposed filming activities do one or more of the following: 1. Result in a street closure or altered parking restrictions adjacent to a residence or business; 2. Result in a significant changes to traffic, noise, or parking availability adjacent to a residence or business; 3. Involve late night working hours; 4. Involve activities that would not normally take place in an area such as, but not limited to, pyrotechnic or other similar special effects, vehicle races, vehicle crashes, intensive lighting, smoke, crowds, or any activity that does not comply with any applicable laws; and/or 5. Result in a nuisance to nearby residents and/or businesses, as determined by the Community Development Director. If required, a public notification must include clear descriptions of the following: 1. Date(s) and time(s) of filming; 2. Location of filming; 3. Parking location for filming-related vehicles; 4. Contact name and telephone number for the filmmakers; and 33 Resolution No. 2018-____ Page 4 5. Identification of any activities that would not normally take place in an area, as described above. Notifications may be sent via U.S. Mail, parcel service, or via hand-delivery. Leaving a notification at a residence or business where nobody answers the door is acceptable, provided that the person delivering the notice attests that a notification was left. Proof of all required notifications being delivered must be submitted to the City before a Film Permit will be issued. III. Restrictions of Hours on Main Thoroughfares It is a general policy of the City of Moorpark that no filming that has traffic impacts, such as lane closures, shall take place between 7:00 and 9:00 a.m., or between 4:00 p.m. and 7:00 p.m., Monday through Friday, on any of the streets below: • Arroyo Drive • Campus Park Drive • Championship Drive • Collins Drive • Countrywood Drive • Elk Run Loop • Gabbert Road • Grimes Canyon Road • High Street • Miller Parkway • Moorpark Avenue • Mountain Meadow Drive • Mountain Trail Street • Park Lane • Patriot Drive • Peach Hill Road • Poindexter Avenue • Princeton Avenue • Ridgecrest Drive • Spring Road • Tierra Rejada Road • Walnut Creek Road Exceptions to this general policy may be considered on a case-by-case basis, depending on the mitigation measures proposed by the applicant that facilitate rush hour traffic flow. It should be noted that Los Angeles Avenue, Walnut Canyon Road, and a portion of Moorpark Avenue are State Highways, and filming within the public right-of-way on those streets may require a permit from the California Film Commission and/or the California Department of Transportation instead of the City. IV. Permit Conditions Reasonable requirements may be imposed concerning the time, place, and manner of the filming as necessary to protect the public health, safety, and welfare, protect real and personal property, and control traffic. Conditions may be imposed prior to approval of a permit including, but not limited to, the following: 1. Imposition of parking restrictions for the applicant’s vehicles 2. Presence and/or patrol of Moorpark Police Officers, Ventura County Fire Department personnel, and/or Public Works staff. Such personnel may be 34 Resolution No. 2018-____ Page 5 required for traffic control, pedestrian control, crowed control, security, or similar functions. Applicant shall reimburse the City for any such expenses. 3. Alteration of the date(s), time(s), route(s), or location(s) of the filming proposed in the application 4. Conditions concerning the area of assembly and/or other events occurring in the filming area 5. Requirements for provision of first aid or sanitary facilities 6. Requirements on the number and type of vehicles, equipment, animals, or structures at a filming location 7. An inspection or approval of vehicles, structures, or other equipment for safety purposes 8. Requirement for the placement and use of garbage containers 9. Requirements for clean-up and/or restoration of affected properties 10. Restrictions on noise, including the use of amplified sound, or noise from vehicles or equipment 11. Access restrictions to certain areas 12. Traffic cones and/or barriers to be placed by the applicant in designated areas 13. Signage requirements 14. Conditions to comply with the City’s indemnification and insurance requirements described in Section 17.20.120.B.5 V. Denials and Cancellations of Permits The Director of Community Development may deny an application for a Film Permit, or suspend or revoke an issued permit, for any of the following reasons: 1. Information contained in the application, or supplemental information requested from the applicant, is found to be false in a material respect. 2. The applicant fails to submit a completed application form at least three business days prior to the start of filming. 3. Another request has been received prior in time at the same time and place requested by the applicant. 4. The Moorpark Police Department, Ventura County Fire Department, or Public Works Department cannot meet the needs for police, fire, or City services required by the proposed filming, or there is insufficient time to muster such personnel required by the proposed filming. 5. The time, route, size, or scope of the proposed filming will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route, or disrupt the use of a street at a time when it is usually subject to high traffic volumes. 6. The concentration of persons, equipment, and vehicles at the site of filming, or the assembly and disbanding areas around the filming, will prevent proper police, fire, or ambulance services to areas contiguous to the filming. 7. The filming occurs at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the filming could substantially disrupt the educational activities of the school or class thereof. 35 Resolution No. 2018-____ Page 6 8. The site of filming will substantially interfere with any construction or maintenance work scheduled to take place upon or along City streets. 9. The Community Development Director determines that the scope of filming results in unreasonable disruption to persons within the affected area that cannot be mitigated. 36 ATTACHMENT 3 RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, UPDATING THE CITY’S PERMIT APPLICATION AND REVIEW AND PROCESSING FEES AND DEPOSITS, AND RESCINDING RESOLUTION NO. 2017-3608, AND DETERMINING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Moorpark provides Film Permit application review, processing, and inspection services; and WHEREAS, the City Council has determined that the cost of these services shall be fully offset by fees that accompany permit requests; and WHEREAS, these fees are reviewed periodically to determine if any adjustments are necessary to reflect actual processing costs; and WHEREAS, on July 5, 2017, the City Council adopted Resolution No. 2017- 3608, adopting the Permit Review and Processing Fees and Deposits, which included Film Permit fees; and WHEREAS, information on the costs required to provide the permit application review and processing services was made available to the public as required by Section 66016 of the Government Code; and WHEREAS, on October 3, 2018, the City Council conducted a public hearing as required by Sections 66016 and 66018 of the Government Code to consider updates to Film Permit fees, took and considered oral and written presentations both for and against the proposed fees, and reached a decision on this matter; and WHEREAS, the City Council desires to restructure Film Permit fees to more precisely reflect the City’s costs to issue a Film Permit; and WHEREAS, the proposed Film Permit fees do not exceed the estimated reasonable cost of providing the service for which the fees are charged, as required by Section 66014 of the Government Code; and WHEREAS, the City Council desires to establish a fee for rental of City-owned parking lots when rented in conjunction with a Film Permit; and WHEREAS, the Community Development Director has determined that the updates to Film Permit fees and establishment of parking lot rental fees are exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve construction or affect the physical environment. 37 Resolution No. 2018-____ Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs with the Community Development Director’s determination that the updates to Film Permit fees and establishment of parking lot rental fees are exempt from the provisions of the California Environmental Quality Act (CEQA), in that the actions of the City Council do not involve construction or affect the physical environment. SECTION 2. COST RECOVERY: City of Moorpark staff shall bill actual time spent on land use applications and other items eligible for cost recovery where a deposit is required at a real time cost accounting rate as established by City Council Resolution No. 2018-3596 as may be amended from time to time. Additional deposits will be required when staff time charges are projected to exceed the deposit balance. Any remaining deposit amount left from entitlement processing shall be applied to condition compliance. Upon certificate of occupancy or final building permit, when all permit review and processing has been completed, any remaining condition compliance deposit shall be returned after all costs are deducted for final processing. SECTION 3. COSTS FOR CONTRACT SERVICES: Contract services shall be billed at cost, plus fifteen percent (15%), including, but not limited to, City Attorney, geotechnical/geological services, traffic engineer services, landscape architect review and inspection services, lighting engineer review and inspection services, and planning consultant services. SECTION 4. REDUCTION OF DEPOSITS FOR PROJECTS WITH MULTIPLE PERMITS: The Community Development Director has the authority to reduce deposit amounts up to fifty percent (50%) per entitlement application, where the project involves multiple applications for the same project on the same property, to be processed concurrently. The applicant retains the responsibility to pay for all costs associated with the processing of the applications at the adopted billing rates. SECTION 5. ADOPTION OF FEE SCHEDULE: The Permit Application Review and Processing Fees and Deposits is adopted as shown in Exhibit A of this Resolution, thereby updating Film Permit fees and establishing parking lot rental fees. SECTION 6. EFFECTIVE DATE: This Resolution shall become effective immediately upon adoption. SECTION 7. Resolution No. 2017-3608 is hereby rescinded upon the effective date of this Resolution. 38 Resolution No. 2018-____ Page 3 SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 3rd day of October, 2018. __________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Maureen Benson, City Clerk Exhibit A: Schedule of Permit Application Review and Processing Deposits and Fees 39 EXHIBIT A: CITY OF MOORPARK PERMIT APPLICATION REVIEW AND PROCESSING FEES AND DEPOSITS APPLICATIONS REQUIRING DEPOSITS DEPOSIT NOTE OR ADDITIONAL AMOUNT Pre- Applications and General Plan Amendment Pre-Screening Pre Application (Non GPA) $1,400 General Plan Amendment Pre- Screening Application $8,400 Entitlement Applications Specific Plan $43,000 General Plan Amendments $5,700 Zone Change $5,700 Zone Ordinance Amendment $5,700 Development Agreements $34,000 Tentative Tract Map (Less than thirty (30) lots) $10,000 Tentative Tract Map (Thirty (30) lots or more) $21,500 Vesting Tentative Tract Map $28,500 Tentative Parcel Map $7,900 Commercial/Industrial Planned Development - New Const (Less than 50,000 sf) ♦ ♦ $21,500 $300 flat fee for Police Department review also required. Commercial/Industrial Planned Development - New Const (50,000 sf or more) $28,500 $300 flat fee for Police Department review also required. Commercial Planned Development - Conversion of Residence to Retail of Office in Downtown Specific Plan Area where permitted by Specific Plan $5,500 $300 flat fee for Police Department review also required. Residential Planned Development (Less than thirty (30) units) $21,500 $300 flat fee for Police Department review also required. Residential Planned Development (Thirty (30) units or more) $28,500 $300 flat fee for Police Department review also required. Conditional Use Permit $5,500 $300 flat fee for Police Department review also required. Conditional Use Permit for a Restaurant Use with or without Beer and Wine, or for a Use Relocating from a Place within the City where an existing Conditional Use Permit has been granted for the use and there is no change in use, only location $3,900 $300 flat fee for Police Department review also required. Variance $5,500 Public Hearing Notice $1,300 Appeal of Planning Commission Decision $2,900 Environmental Documentation Initial Study & Negative Declaration $5,700 Environmental Analysis see note 100% of cost plus 15% administrative fee. Staff to provide estimated cost. Environmental Impact Report Supplement or Addendum $7,200 Special Studies and Reports Other Studies, Reports or Analysis as determined necessary by Director see note 100% of cost plus 15% administrative fee. Staff to provide estimated cost. 40 Resolution No. 2018-____ Page 5 Modifications/Extensions Modification-Commercial/Industrial/Residential with existing Planned Development Permit ♦ ♦ see note 80% of initial deposit amounts. $10,000 deposit for Modifications if no substantial change to site plan or architectural design, not to exceed 80% of initial deposit. Development Agreement - Annual Review $2,900 Time Extension of Approval – Planning Commission or City Council Decision $2,200 Time Extension of Approval – Staff Decision $700 Miscellaneous Parcel Map Waiver, or Conditional Certificate of Compliance $7,200 Condition Compliance Planning Condition Compliance Review see note 100% of original Map/PD deposit to be paid within 30 days of project approval Landscape Review & Inspection see note 100% of cost plus 15% administrative fee applied with City consultant services. Staff to provide estimated cost. Lighting Plan Review/Inspection see note Violation (Penalty) Conditions of Approval see note 100% of staff time for investigation and enforcement. City of Moorpark staff shall bill actual time spent on land use applications and other items eligible for cost recovery where a deposit is required at a real time cost accounting rate as established by City Council Resolution No. 2015-3383 as may be amended from time to time. Additional deposits will be required when staff time charges are projected to exceed the deposit balance. Any remaining deposit amount left from entitlement processing shall be applied to condition compliance. Upon certificate of occupancy or final building permit, when all permit review and processing has been completed, any remaining condition compliance deposit shall be returned after all costs are deducted for final processing. APPLICATIONS REQUIRING FEES FEE NOTE OR ADDITIONAL AMOUNT Planning and Zoning Permits Zoning Clearance $110 Zoning Letter/Re-Build Letter $330 Home Occupation Permit $110 Also requires Business Registration Home Occupation Permit for Persons Under the Age of 18 with Annual Gross Income of less than $10,000 $0 Administrative Exception $720 Administrative Permit - Residential $860 Administrative Permit - Commercial/Industrial $1,400 $300 flat fee for Police Department review also required. Administrative Permit – Relocation of a Business with an Existing Administrative Permit (not involving expansion of more than 50% of floor area, change in the nature of the business, or sale of alcoholic beverages) $430 $300 flat fee for Police Department review also required. Administrative Permit – Relocation of a Permitted Business that did not Require an Administrative Permit when Established (not involving expansion of more than 50% of floor $720 $300 flat fee for Police Department review also required. 41 Resolution No. 2018-____ Page 6 area, change in the nature of the business, or sale of alcoholic beverages) Lot Line Adjustment, Certificate of Compliance, or Reversion to Acreage $2,800 +$110/lot Deposit required for Conditional Certificate of Compliance (see above) Permit Adjustment - Residential $430 Permit Adjustment - Commercial/Industrial $860 Mobile Home Rent Increase Review $430 Applies to cost-of-living increases only. Sign Permit $220 Sign Permit for Change of Copy on Existing Permitted Sign $110 Sign Program $860 Temporary Sign and Use Permits Temporary Sign/Banner Permit $50 Temporary Use Permit - Minor $170 i.e. Outdoor sales, RV as dwelling during residential construction. Temporary Use Permit - Major $430 i.e. Parades, concerts, carnivals, shows. $300 flat fee for Police Department initial review also required. An additional deposit may also be required for anticipated additional staff and police monitoring costs. Appeals Appeal of Community Development Director Decision Requiring Public Notice $1,000 Appeal of Community Development Director Decision without Public Notice $860 Film Permits Film Permit – Private Property Only $550 +$110/day $300 +$140 per location + $105 per day $300 flat fee for Police Department review may also be required. An additional deposit may also be required for anticipated additional staff and police monitoring costs. If a permit is issued for both private property and City property/right-of-way locations, then: the $405 base rate for City property/right-of-way shall be used; private property locations shall use the $140 ‘per location’ fee, and City property/right-of-way locations shall use the $180 ‘per location’ fee; and a ‘per day’ fee of $300 shall apply to any day in which filming takes place on City property/right-of-way, and a ‘per day’ fee of $105 shall apply to any day in which filming takes place entirely on private property. Film Permit – Involving City Property or Public Right-of-Way $880 +$170/day $405 +$180 per location + $300 per day $300 flat fee for Police Department review may also be required. An additional deposit may also be required for anticipated additional staff and police monitoring costs. If a permit is issued for both private property and City property/right-of-way locations, then: the $405 base rate for City property/right-of-way shall be used; private property locations shall use the $140 ‘per location’ fee, and City property/right-of-way locations shall use the $180 ‘per location’ fee; and a ‘per day’ fee of $300 shall apply to any day in which filming takes place on City 42 Resolution No. 2018-____ Page 7 property/right-of-way, and a ‘per day’ fee of $105 shall apply to any day in which filming takes place entirely on private property. Film Permit – Still Photography Only $110 A deposit may also be required for anticipated additional staff costs. Parking Lot Rental with Film Permit $250 per lot, per day A refundable clean-up deposit of $1,000 or more may also be required at the City’s discretion. Special Business Permit Review Annual Abandoned Shopping Cart Prevention Plan Review $55 Annual Bingo Game Permit $50 Annual Street Vendor Permit $110 Annual Adult Business Permit $550 Annual Adult Business Performer Permit $110 Secondhand Dealer, Thrift Shop, and Pawnbroker Permit $440 $4,400 deposit for police review expenses must be maintained and replenished on a monthly basis. Thrift shops owned and operated by 501(c)(3) non-profit organizations are exempt from providing daily police reports and the corresponding police review deposit. Open House Directional Sign Permits Annual Encroachment Permit for Individual Owner/Seller or Real Estate Agent $110 5 sign stickers provided, 50% of annual encroachment permit fee if after July 1 Annual Encroachment Permit for Real Estate Office $330 60 sign stickers provided, 50% of annual encroachment permit fee if after July 1 Additional Sign Stickers $5 Retrieved Sign Storage Fee $5 per day Stored signs that are not retrieved within 30 calendar days will be destroyed in accordance with the law. Business Registration Permits Initial Business Registration Permit $100 $1 Annual State Mandated Surcharge for Certified Access Specialist required in addition to Business Registration fee pursuant to Government Code Section 4467 Annual Renewal of Business Registration Permit $40 Annual Business Registration Permit Limited to Individual Vendor at City-Permitted Swap Meet or Farmers’ Market $50 Business Registration Permit to Persons Under the Age of 18 with Annual Gross Income of less than $10,000 $0 Additional Vehicle Stickers (1 provided with Business Registration for Mobile Business) $2 43 Resolution No. 2018-____ Page 8 MISCELLANEOUS FEES (NOT A DEPOSIT) NOTE OR ADDITIONAL AMOUNT Records Imaging Building and Safety Drawing Sheets $2.00 Per Sheet Engineering Improvement Plan Drawing Sheets $ 2.00 Per Sheet Planning Drawing Sheets $ 2.00 Per Sheet Final Map Sheets $ 2.00 Per Sheet Building and Safety Permit Files $ 0.30 Per Sheet Planning Entitlement Files $ 0.30 Per Sheet Advance Planning Advance Planning Fee (Includes G P Updates and Traffic Model Maintenance) see note 5% of Building Permit Fee for Valuation of $10,000 or greater Construction and Demolition Material Management Plan Review Fee for Projects where No Deposit Fund Exists (otherwise review will be charged to the project deposit fund based on actual time at existing billing rates). $160 44 1 Brian Chong From:Honthaner, Eve@CFC <ehonthaner@film.ca.gov> Sent:Monday, August 06, 2018 11:31 AM To:Brian Chong Cc:Klosterman, Eric@CFC; Lemisch, Amy@CFC Subject:RE: Submittal of Amended Filming Ordinance for California Film Commission Review Hi Brian,    After reviewing Moorpark’s amended film ordinance, I’m pleased to say that we have no notes for you.  You followed  the state’s model film ordinance closely, and your Rules and Regulations for Temporary Filming are all quite reasonable.    We greatly appreciate the city’s efforts to be film‐friendly.    Best regards,  Eve      Eve Honthaner  Deputy Director    CALIFORNIA FILM COMMISSION  7080 Hollywood Blvd, Suite 900    Hollywood, CA  90028  direct office#:  323‐817‐4136    cell#:  818‐378‐7848  ehonthaner@film.ca.gov    http://film.ca.gov      From: Brian Chong <BChong@MoorparkCA.gov>   Sent: Monday, July 30, 2018 4:58 PM  To: Lemisch, Amy@CFC <alemisch@film.ca.gov>  Cc: Honthaner, Eve@CFC <ehonthaner@film.ca.gov>; Klosterman, Eric@CFC <EKlosterman@Film.ca.gov>  Subject: Submittal of Amended Filming Ordinance for California Film Commission Review    Dear Ms. Lemisch:    Attached hereto is a cover letter and draft filming ordinance for the CFC’s review and comment.  Please let me know if  you have any questions or need any additional information to facilitate your review.    Sincerely,    Brian Chong Assistant to the City Manager City Manager’s Office/Administrative Services Department City of Moorpark | 799 Moorpark Ave. | Moorpark, CA 93021 (805) 517-6247 |fax: (805) 532-2520 | bchong@moorparkca.gov www.moorparkca.gov  ATTACHMENT 4 45