HomeMy WebLinkAboutAGENDA REPORT 2018 1017 REG CCSA ITEM 11BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 10.17.2018
ACTION Adopted Ord No. 465
BY M. Benson
ORDINANCE NO. 465
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
Item: 11.B.
Item: 11.B.
ORDINANCE NO. 465
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 Commissi on
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,
401
Ordinance No. 465
Page 2
Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). No
further environmental documentation is required.
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 17th day of October, 2018.
______________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
402
Ordinance No. 465
Page 3
Exhibit A – Zoning Ordinance Amendment No. 2018-04
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
403
Ordinance No. 465
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:
404
Ordinance No. 465
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.
405
Ordinance No. 465
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,
406
Ordinance No. 465
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whether such services are requested by the applicant or imposed
as a condition of the permit.
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, employees, 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
407
Ordinance No. 465
Page 8
construed as a separate offense for each day or part of a day during which
such violation continues.
408