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HomeMy WebLinkAboutRES CC 2018 3751 2018 1003 RESOLUTION NO. 2018-3751 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 Resolution No. 2018-3751 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. /^yin e r V CJan'ce S. Parvin, Mayor ATTEST: 04 A0.4, prir Maureen Benson, City Clerk Aran Exhibit A: Rules and Regulations for Temporary Filming Resolution No. 2018-3751 Page 3 EXHIBIT A RULES AND REGULATIONS FOR TEMPORARY FILMING I. Purpose As provided for in Section 17.28.120.6.3 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. Resolution No. 2018-3751 Page 4 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 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 • Mountain Meadow Drive • Campus Park Drive • Mountain Trail Street • Championship Drive • Park Lane • Collins Drive • Patriot Drive • Countrywood Drive • Peach Hill Road • Elk Run Loop • Poindexter Avenue • Gabbert Road • Princeton Avenue • Grimes Canyon Road • Ridgecrest Drive • High Street • Spring Road • Miller Parkway • Tierra Rejada Road • Moorpark Avenue • 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. 1 Note: Los Angeles Avenue, Walnut Canyon Road, and a portion of Moorpark Avenue are State Highways. 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. Resolution No. 2018-3751 Page 5 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 required for traffic control, pedestrian control, crowd 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 17.20.120.6.5 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. Resolution No. 2018-3751 Page 6 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. 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. Resolution No. 2018-3751 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2018-3751 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 3rd day of October, 2018, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 5th day of October, 2018. Maureen Benson, City Clerk (seal) ti 4111111 'd ti ilrect