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HomeMy WebLinkAboutRES PC 2018 631 2018 0828 RESOLUTION NO. PC-2018-631 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF 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 RECOMMENDING APPROVAL OF NEW 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, amendments to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses) of the Moorpark Municipal Code 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 new Rules and Regulations for Temporary Filming; and WHEREAS, at its meeting of August 28, 2018, the Planning Commission considered the agenda report and any supplements thereto and written public comments; 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 and Rules and Regulations for Temporary Filming. 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 and approval of Rules and Regulations for Temporary Filming 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). Resolution No. PC-2018-631 Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION. The Planning Commission concurs with the determination of the Community Development Director that this project 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 and approval of Rules and Regulations for Temporary Filming 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). No further environmental documentation is required. SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission 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 and Rules and Regulations for Temporary Filming are 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 recommended actions 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. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2018-04 as shown in Exhibit A, attached, and the Rules and Regulations for Temporary Filming as shown in Exhibit B, attached. Resolution No. PC-2018-631 Page 3 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Landis, Vice Chair Aquino, and Chair Hamous NOTES: None ABSTAIN: None ABSENT: Commissioner Haverstock PASSED AND ADOPTED this 28th day of August, 20, =7/ effi Bruce Hamous, • air gp0; . David A. Bobardt, Community Development Director Exhibit A: Zoning Ordinance Amendment No. 2018-04 Exhibit B: Rules and Regulations for Temporary Filming Resolution No. PC-2018-631 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2018-04 AMENDMENT TO CHAPTERS 17.20 (USES BY ZONE) AND 17.28 (STANDARDS FOR SPECIFIC USES) OF THE MOORPARK MUNICIPAL CODE 17.20.050 Permitted uses in open space, agricultural, residential and special purpose zones RPD 20U- 0-S A-E R-A R-E R-O R-1 R-2 RPD N-D TPD D. Accessory and Miscellaneous Uses 8. Temporary motion picture, TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP arid television, or still photography production (and related activities and structures) in accordance with Section 17.28.120 (activities of a maximum of hundred eighty [180] day period are considered with the requirements of Chapter 17.28 and Title 5 of Cede) 17.20.060 Permitted uses in commercial and industrial zones CPD C- C-O C-1 C-2 OT M-1 M-2 F. Accessory and Miscellaneous Uses 8. Temporary motion picture, and television, or TUP TUP TUP TUP TUP TUP TUP 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 17.28.120 Temporary Filming Such outdoor filming shall not result in high or unreasonable levels of light, glare or Resolution No. PC-2018-631 Page 5 normal traffic flows, nor cause damage to flora or fauna. The applicant shall obtain the •- - -- - - - - - . ' - - - - -. -- - •- - - - - - - - - - - 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: Resolution No. PC-2018-631 Page 6 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. Resolution No. PC-2018-631 Page 7 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 E-mail address and cell 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. Resolution No. PC-2018-631 Page 8 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. 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 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. Resolution No. PC-2018-631 Page 9 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. Resolution No. PC-2018-631 Page 10 EXHIBIT B 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 Resolution No. PC-2018-631 Page 11 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. 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 Resolution No. PC-2018-631 Page 12 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 17.20.120.6.5 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. 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. Resolution No. PC-2018-631 Page 13 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.