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HomeMy WebLinkAboutORD 465 2018 1017 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 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. Ordinance No. 465 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 17th day of October, 2018. , + Janice S. Parvin, Mayor ATTEST: cat 04, Maureen Benson, City Clerk F0 ro Exhibit A—Zoning Ordinance Amendment No. 2018-04 ��� h� Ordinance No. 465 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 RPD 20U- O-S A-E R-A R-E R-O R-1 R-2 RPD N-D TPD D. Accessory and Miscellaneous Uses 8.Temporary Mmotion TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP picture, and television, or still photography production Land related activities and structures) in accordance with Section 17.28.120 (activities {012] days in any one hundred eighty [180] day period arc considered temporary and requirements of Chapter 17.28 and Title 5 of the 17.20.060 Permitted uses in commercial and industrial zones CPD C- C-O C-1 C-2 OT M-1 M-2 I F. Accessory and Miscellaneous Uses 8. Temporary Mmotion picture and-television or TUP TUP TUP TUP TUP TUP TUP still photography production Land related activities and structures) in accordance with Section 17.28.120{activities of a maximum of forty two[421 are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of Ordinance No. 465 Page 4 I 17.28.120 Temporary Filming 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 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: 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. 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, whether such services are requested by the applicant or imposed as a condition of the permit. Ordinance No. 465 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, 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 construed as a separate offense for each day or part of a day during which such violation continues. Ordinance No. 465 Page 8 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 Ordinance No. 465 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th 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 18th day of October, 2018. Maureen Benson, City Clerk (seal) t 44 1111&IOW .4M1106. V 14110W'M 6 4 Tef „ 0;4 4 rep 41'