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Home My WebLink AboutAGENDA REPORT 2018 0801 CCSA REG ITEM 10ICITY OF MOORPARK, CALIFORNIA City Council Meeting of 8/1/2018 ACTION Adopted Reso. No. 2018-3729 BY M. Benson I. Consider Resolution Directing the Planning Commission to Hold a Public Hearing, Provide a Recommendation to the City Council on Amendments to Section 17.28.120 (Motion Picture and TV Production) of the Moorpark Municipal Code to Establish New Filming Regulations within the City. Staff Recommendation: Adopt Resolution No. 2018 -____ directing the Planning Commission to hold a public hearing and provide a recommendation to the City Council on amendments to Section 17.28.120 of the Moorpark Municipal Code regarding Motion Picture and TV Production, and determining that this action is not a project approval subject to the California Environmental Quality Act. Item: 10.I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager Joseph Fiss, Planning Manager DATE: 8/1/2018 Regular Meeting SUBJECT: Consider Resolution Directing the Planning Commission to Hold a Public Hearing, Provide a Recommendation to the City Council on Amendments to Section 17.28.120 (Motion Picture and TV Production) of the Moorpark Municipal Code to Establish New Filming Regulations within the City BACKGROUND/DISCUSSION The amendment of a Zoning Ordinance is a legislative act. Pursuant to Moorpark Municipal Code Section 17.44.050.B, City-initiated proposals to amend the Zoning Ordinance must be initiated by the adoption of a resolution of intent by the City Council. The City’s Current Filming Ordinance (Section 17.28.120 of the Moorpark Municipal Code, Attachment 1) was adopted in 2003 and is in need of modernization. While the City’s current Film Permit process has been implemented through department level policies, their lack of codification has not always provided for consistency and predictability for potential Film Permit applicants. 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 have delayed the start of the process to update the City’s Filming Ordinance, staff is now ready to initiate an update of the ordinance. Staff therefore recommends that the City Council adopt a resolution of intent (Attachment 2) to begin a City-initiated Zoning Ordinance Amendment to establish new filming regulations within the City. Item: 10.I. 351 Honorable City Council 8/1/ 2018 Regular Meeting Page 2 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. Within Moorpark, for example, special considerations for unique areas such as High Street may be made. Staff intends to develop a new filming ordinance for the City, using the CFC’s model ordinance as a basis. 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. Staff will obtain CFC review and feedback of a draft ordinance prior to consideration by the Planning Commission or City Council. ENVIRONMENTAL DETERMINATION The action of the City Council at this time is not a “project approval” subject to the California Environmental Quality Act, as it is only seeking the initiation of the update of the City’s filming ordinance and the recommendation of the Planning Commission. The level of environmental review on such an ordinance will be determined prior to Planning Commission recommendation. FISCAL IMPACT A negligible amount of funding will be required to advertise the public hearings associated with a Zoning Ordinance Amendment, but these costs will be absorbed into the City’s existing FY 2018-19 Budget. STAFF RECOMMENDATION Adopt Resolution No. 2018-____ directing the Planning Commission to hold a public hearing and provide a recommendation to the City Council on amendments to Section 17.28.120 of the Moorpark Municipal Code regarding Motion Picture and TV Production, and determining that this action is not a project approval subject to the California Environmental Quality Act. Attachment 1 – Moorpark Municipal Code Section 17.28.120 Attachment 2 – Draft Resolution 352 Honorable City Council August 1, 2018 Regular Meeting Page 3 ATTACHMENT 1 Moorpark Municipal Code Section 17.28.120 Motion Picture and TV Production-Temporary 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. 353 ATTACHMENT 2 RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL ON AMENDMENTS TO SECTION 17.28.120 OF THE MOORPARK MUNICIPAL CODE REGARDING MOTION PICTURE AND TV PRODUCTION, AND DETERMINING THAT THIS ACTION IS NOT A PROJECT APPROVAL SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Section 17.44.050 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Ordinance by the adoption of a resolution of intent; and WHEREAS, the City Council wishes to initiate proceedings to consider a Zoning Ordinance Amendment that would amend Section 17.28.120 (Motion Picture and TV Production) of the Moorpark Municipal Code to establish new filming regulations within the City; and WHEREAS, the Community Development Director has determined that the initiation of proceedings for a Zoning Ordinance Amendment is not a project approval subject to the California Environmental Quality Act. 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 the initiation of proceedings for a Zoning Ordinance Amendment is not a project approval subject to the California Environmental Quality Act. SECTION 2. INITIATION OF PROCEEDINGS: The City Council hereby authorizes the initiation of proceedings to consider a Zoning Ordinance Amendment that would amend Section 17.28.120 (Motion Picture and TV Production) of the Moorpark Municipal Code to establish new filming regulations within the City. SECTION 3. DIRECTION TO PLANNING COMMISSION: The Planning Commission is hereby directed to study, hold a public hearing, and provide a recommendation to the City Council on this matter. 354 Resolution No. 2018-____ Page 2 SECTION 4. CITY CLERK CERTIFICATION AND FILING: 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 1st day of August, 2018. _________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Maureen Benson, City Clerk 355