02-15-2000 - Code Amendment #293 - Motion Picture Filming - Categorical Exemption0
City of West Covina
Qlei�.orandum
AGENDA
TO:. City Council and City.Manager
ITEM No. A-2
FROW Jeffrey W. Collier, Difelctor
DATE February 15, 2000
Public Services Department
SUBJECT: CODE AMENDMENT NO. 293 — MOTION PICTURE FILMING
CATEGORICAL EXEMPTION
SUMMARY: This code amendment consists of chan es to the zoning 'regulations to
1 .9
update and revise the City's regulations for motion picture filming.
BACKGROUND:.
Currently, the City's regulations for 'motion picture filming are contained in Chapter 15
of the Municipal Code (Miscellaneou�'s Provisions Related -to Public Health and Safety)
and the authority for issuing filming p� ermits is granted to the Police Chief Within recent
years, however, the primary responsibility for processing and overseeing filming permits
has been taken on by the Planning Division. The reasons for this include the' fact that
filming. productions entail some of the sam . e land use issues and regulations that Planning
already handles, and that the Planning Division is. more geared toward coordinating
permit processing than the Police Depa'rtment.
In addition to this, recent filming productions have" brought to light some needs to update
the City's'filming regulations. This 'in'cludes making the permit process more conducive
to addressing the needs and interests', of both production companies and residents and
..business operators that are affected, by filming. For these reasons," a, draft code
amendment...has been developed to update the City's filming regulations'and I move these
regulations into the Zoning Code (Cha I pter 26 of the Municipal Code).
DISCUSSION:
In .,developing the pr ti the Cit
oposed update y's filming regulations, one of the most
significant factors'that was considered !was that filming productions can vary gre atly from
one to the next. This includes not o I nly the circumstances related to the needs of the
filming production, but also the concd'rns, and potential impacts that I productions present
to surrounding residents, businesse and roperty owners. With this in mind, an attempt
I p I
was made to build a fair degree of s�exibility into the regulations that would allow all of
the circumstances to. be considered land addressed in an. appropriate and reasonable
manner.
Provided below is a brief overv. iew of the main provisions of Code Amendment No. 293
regarding filming permits:
Change. in responsibility for i Issuing permits'.
As mention ' ed above, the responsibility for coordinating'and issuing filming perm its is
proposed to be shifted from the Police Department to the Planning Division. This is
essentially recognizing the shift in responsibility that has -informally occurred for the past
several years.
2. Creation of two types of film ing permits.
The types of filming productions for which the CitY issues permits can vary substantially.
In general, however, filming productions tend to fall into the categories o . f Q)
minor productions that require only a limited degree of regulation and control; -and (2)
filming productions that because of their magnitude or other special. factors 'require
considerable coordination and control.'; It is therefore proposed to establish two types,of
filming permits'.to better suit the requirements of these two types 'of productions.
Code Amendment No. 290
Motion Picture Filming
F6ruary 15, 2000—' Page�2
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The more minor.permit is referred to as a Film Permit, to which the following applies:
a. Issued for filming of up to three days in residential zones and up to five
days in other zones.
b. Filming limited to the hours of 7:00 a.m. to 9:00 p.m. except by specific
approval of the City Planner.
�c. At the discretion of the' iPity Planner,, conditions may be im I posed
regarding noticing, use of City public safety�_personn'el, and other measures
to -minimize impacts of filming on residents and business operators.
d. Permits may be approved administratively by the City Planner.
The. more substantial permit is referred to as a Major Production Permit, to which the
following applies:
a. -Issued forall types�of productions t hat exceed the limits for a Film Permit,
including any productions that propose to use gunfire, explosions, aircraft,
sirens, or other noise -creating devices,- or that proposed late night/early
morning filming not approved by the City Planner.
�b. Requir'es at least- 4 seven-day -notice to surrounding residents and business
operators as determined by -the City 'Planner. Interested parties may
request a hearing. If no hearing I requested, decision can, be made
administratively. City Planner reserves the option to defer the hearing to
the Planning Commission.
c. Findings must be made to ensure production will not be detrimental to
surrounding properties and that conditions have been imposed to minimize
any impacts.
d.' Conditions shall be imposed as necessary to mitigate potential, impacts.
3. Filming GuidelinesT.
The code.* amendment gives specific authority to the,Planning Commission to adopt more
specific and detailed guidelines regarding the regulation of filming andthe issuance of
filming permits. This was done in order to make it possible for other regulations to be
adopted as practical circumstances should warrant it and without the need to go through a
full code amendment..
OPTIONS:
Should the Council elect'not to adopt the proposed code amendment, the existing
regulations regarding motion picture filming would. continue in effect. This would cause
filming permits . to continue to remain under the purview - of the Police Chief and forego
the adoption of more specific, regulations regarding permit processing, requirements for
noticing, and other conditions for filming.
The City Council may also elect to modify provisions of the proposed code amendment;
however, by State law any modification that was not previously considered by the
Planning Commission, must first be referred back to the Commission for'.its report and
recommendation prior to,adoption.
FISCAL IMPACT -
It is not anticipated that the proposed code amendment would result in.any- significant
fiscal impacts to the City. Motion picture filming has the potential to generate revenue
for the City and local businesses; however,' this.,is difficult to quantify. While the
proposed permit process is somewhat more detailed than that currently in place, it is not
Z:\!City Counci I\SFRPTSDM\Fi Im. Perm its.doc
Code Amendment No.
Motion Picture Filming
February 15, 2000 — Page 3
anticipated that the updated regulations will, have any substantial effect on filming
productions coming to. West Covina. The proposed updated regulations have been
reviewed against regulations of other cities in Southern California and they are general
consistent with what other cities have adopted.
Currently, fees for filming permits include a $100 filing fe�e, a $250 permit fee, and'any
other charges for police, fire, or other City services. Pursuant to the code amendment
these fees are established by separate resolution of the City Council. With the proposal, to
establish two types of permits, a Film Permit and a Major Production Permit, later
consideration may wish iobe given to adjusting the fee structure to reflect the differences
in the magnitude and cost of processing these two types of permits.
COMMISSION DISCUSSION AND RECOMMENDATION:
On January 25, 2000, the Planning Commission' held a public hearing regarding this'
matter. The Commission concurred that the 'proposed code amendment provided
desirable flexibility and provided a good tool to address the concerns of residents, and
business operator§,'as well as those of production companies.. The Commission
commented that staff should handle the processing of major production permits as
expeditiously as possible. The Commission gave direction to staff that they would like to
see permits for late night and early morning filming togo through a hearing process. The
Commission also gave direction to staff to address where production vehicles are parked.
in the review process.
RECOMMENDATION
The Planning Commission and staff recommend that the.City Council introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, . AMENDING CERTAIN
SECTIONS OF CHAPTER 15 (PUBLIC HEALTH AND SAFETY)
AND CHAPTER 26 (ZONING) OF THE WEST COVINA
MUNICIPAL CODE REGULATING MOTION. PICTURE .
FILMING (CODE AMENDMENT NO. 293).
Prepared by:
Reviewed and approved by:
Services Director
Attachments: Draft Ordinance
Planning Commission Reports and Resolution
ZACity Council\SFRPTSDM\Fi.1m.Pe,rmits.doc
0 RD I N A N C E N 0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINAI CALIFORNIA, -'AMENDING. CERTAIN' SECTIONS OF
CHAPTER 15 (PUBLIC HEALTH AND SAFETY) AND CHAPTER.26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE REGULATING
MOTION PICTURE FILMING (CODE AMENDMENT NO. 293).
WHEREAS, Code Amendment No. .293 is a City -initiated project to modify certain
standards'of the West Covina Municipal Code regulating motion picture filming within the City;
and
WHEREAS, the' Planning Commissio'n did on the 26' day of October, 1999 conduct a .
study session wherein direction was given to staff to pursue rectification of these issues; and
WHEREAS, the Planning Commission, upon giving the required notice, didon the.25' day
of January, 2000, conduct a public hearing as prescribed by law, at which time- the Planning
Commission adopted Resolution No. 01-00-4587, recommending to the City Council approval of
Code Amendment No. 293; and
WHEREAS, the City Council considered evidence presented by the Planning Commission,
Planning Division, and other interested parties at a duly advertised public hearing on the 15 th day of
February, 2000; and
WHEREAS, studies And investigations made by this, Council and in its behalf reveal the following
facts:
I The City recognizes that motion picture filming can be' a desirable source of jobs and
income for City property owners and residents, and can be an effective way to market the
city.
2. The City also recognizes that motion picture filming requires special regulation and
monitoring by Ahe City to ensure against adverse impacts to residents and business
operators.
3. The practice within the City has been for the Planning Division to coordinate the issuance
of film permits, rather than the Police Department, and City desires to codify this change in
procedure and policy by placing the *film regulations within Chapter .26 of the Municipal
Code.
4. The City desires to revise its present regulations to better reflect modem industry practice
and good administrative procedure.
5. The proposed action'is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3). of the CEQA.
Guidelines, in that.the proposed action consists of a code amendment which does not have
the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina, California, does hereby
ordain as follows:'
SECTION NO-. 1: Based on the evidence and the findings set forth, Code Amendment No. 293 is
hereby found to be consistent with the West Covina General Plan and the implementation thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the
California Environmental Quality Act (CEQA),� pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in,that the proposed -action consists of a code amendment which does not have the
potential for causing a significant effect on the environment.
ZACity CouncihORDINSDWilm.P�its.doc
0
Ordinance No.
Code Amendment No. 293
Motion Picture Filming
February 15, 2600 - Page 2
SECTION NO. 3: The City Coun . cil of the City of West Covina'hereby amends Chapter 15 of the
West Covina Municipal Code as follows:
Article XIII of Chapter 15 of the West Covina Municipal Code (Motion Picture -and Television
Production) (Sections 15-160 to 15-170) are hereby' deleted, in their entirety, and Articles IX
through XII of Chapter .15.are, hereby recodified as Articles XHI through X1, respectively.
SECTION NO. 4: The City Council of the City of West Covina hereby amends Chapter 26 of the
West Covina Municipal. Code as follows:
A new Division 6 ofArticle. VI of Chapter 26 of the West Covina Municipal Code is hereby added
as, set forth below,, and Divisions 6 through 9 of Article XI are*,hereby recodified as I Divisions 7.
through 10, respectively.
DIVISION 6.* MOTION PICTURE FILMING
Sec. 26-280. General Provisions.
(a) Purpose andApplicability. This division establishes special regulations for filming within
the city. Property in any 'zone, unless otherwise specified in filming guidelines pursuant to
paragraph (d) below, may be used as a location for filming, including without limitation filming of
motion pictures, videotaping, o ' r use of.similar technology subject to approval of a film permit or
major production pen -nit pursuant to. this article.
(b) Permit Exemptions. The provisions -of this section shall not apply to:
(1) The filming or video taping of motion pictures solely for private use.
(2) The filming or. taping of motion pictures or still photography for use in a criminal
investigation or civil, judicial, or administrative proceedings.
Filming, televising, or taping by reporters or cameramen in the,employ of a newspaper,
news service, or similar entity engaged in j ournalism.
(4) A motion picture, tel evision or commercial photography studio operating at an established
or fixed place. of business in the City with an approved conditional use permit.
(c) Charitable films. Noperimit ' fee shall be required for proj ects which qualify under section
501(c)(3) of the Internal Revenue Code, generally including student-filmis. However, permits shall
be required as in this division, and any necessary police, fire, or other City personnel shall be at the
applicant's own. expense.
(d) Filming Guidelines. The planning commission may adopt, by resolution, guidelines to be
applied in granting permits and setting conditions under this section.
(e) General Filming Conditions.
(1) No gunfire, explosions, aircraft, sirens, public address. systems, bull horns, or other noise -
creating devices shall be used.
(2) No film, permits shall be issued. for pr6perty..upon which there are any outstanding
uncorrected violations'of chapters 7 (buildings),, 10 (fire) or 26 (zoning) of the West
Covina Municipal Code, or of the uniform building or fire codes as adopted by the city.
(f) Application Requirements.
(1). Payment of appropriate fees and deposits, as set by resolution of the city council.
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Ordinance No.
Code Amendment No. 293
Motion Picture Filming
February 15. 2000 - Pa2e 3
(2) Completed application forms as prescribed by the planning director.
(3) Documentation of minimum liability insurance, and certificate of insurance identifying the
city as additional insured for the purposes of filming, in the amount set by resolution of the
city council.
(4) Prior written permission of the property owner on the appropriate city form, or equivalent
written permission as.acceptable to the planning director.
(5) A site plan showing crew and equipment areas, all parking locations, set location's and
orientations (including lighting and camera locations), all drawn in sufficient detail for the
City to evaluate the intensity of use and potential impacts.
(6) A complete written description of all scenes to be shot under the permit.
Sec. 26-281. Film Permit.
(a) Applicability. A film permit may be approved by the planning director without notice or
hearing for the follo * filmin
wing 9:
(1) In single- and multi -family residential zones, filming �fbr up to three 'days, including any
- setup and dismantling, in any three months on any one property.
(2) In. all other zoning districts, filming of up to five days, including any, setup and
dismantling, in any three months on any one property or shopping center.
(3) All filming, including any -setup and dis�rnantling, shall be done between the hour's of 7:00
a.m. and 9:00 p.m. Film permit activities may be extended beyond these' hours if the
planning director finds that there will be no adverse impacts to nearby residents or business
owners.
(4) Filming which.involves no,exceptions to the general filming conditions in section 26-
280(e) above.
(b) Conditions. The planning director may impose conditions on short-term film permits for
the protection of the public, including without limitation the following:
(1) Written notification of affected and/or nearby property owners and tenants.
(2) Attendance ' during setup, filming, and/or clean-up by uniformed police officers or
firefighters, at the applicant's sole cost and expense.
(3) Measures to mitigate the impact of proposed activities on affected residents and/or business
owners.
(c) Revocation. A film permit may be revoked in writing by the planning director effective
immediately for violation of the terms of the permit. Only the applicant may appeal the planning
director's decision, which appeal shall otherwise be per the provisions of section 26-250.
See. 26-282. Major Production Permit.
(a) Applicability. A major production permit shall be required.for all nonexempt filming that is
:not eligible for a film'permit, including without limitation filming which would in any way exceed
the "general cbriditions" listed in section 26-280(e) above, or when night or early -morning activities
or any other aspect of the filming may, in. the opinion of the planning director, negatively affect
nearby residents or business owners.
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Ordinance No.
Code Amendment No. 293
Motion Picture Filming.
February 15_2000 - Page 4
(b) Procedures. Upon receipt of a complete application, the planning director shall -set a date
and time for a public hearing. The applicant shall provide mailing labels . for all properties
designated by the planning director. The hearing notice shall indicate that any interested person
may request, in writing, that a hearing be held on the date set in'advance by the planning director;
and that if no hearing is requested, the decision may, at the discretion of the- planning director, be
made without a hearing. Public notices shall bq'-placed in the United States Mail at least the seventh
day prior to the public hearing. The planning director may also elect at any time to defer the matter
p
to the planning commission.*
(c) Findings. The following findings must be made for approval of a major production permit:
(1) The proposed filming will be located and conducted in a man . ner consistent with the general
plan, municipal code, and the provisions of this article; and
(2) Approval of the application will not be materially detrimental to property or improvements
in the surrounding area or to the public health, safety or general welfare.
(3) Actions have been and will be taken 'by. the applicant to minimize the impact of the
proposed activities on any others in the vicinity.
(d) Effective Date Duration. A major production permit shall be effective for the dates
specified by the permit, not to.exceed 90 days. However, if filming ceases for a period of more
than seven days or is delayed in beginning for more than seven days, a permit may be extended by
the planning director,up to three times without notice and hearings, for a time'equal to any such
cessation in filming, subject to making the findings required for approval of the permit. Otherwise
the permit shall lapse if not used within the approved time.
(e) Change in Conditions. The planning director may require changes,in the terms or
conditions of a major production permit at any time while it is in effect, if needed to ensure that the
filraing may continue to operate consistent with the required findings.
(f) Revocation and Appeal., A major production permit may be revoked by the planning
director effective immediately for violation of any conditions of the permit. Appeals shall be - as per
section 26-250.
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Ordinance No.
Code Amendment No. 293
Motion Picture Filming
February 15, 2000 - Page 5
SECTION NO.� 5: The City Clerk shall certify to the passage of - this Ordinance and shall cause the
same to be published as required by law.
PASSED AND APPROVED on this 15th day of February, 2000.
Mayor
ATTEST:
City Clerk
STATE, OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
I, Janet Berry, City Clerk- of the City of West Covina, do. hereby certify that the foregoing
Ordinance No. was regularly introduced and placed upon - its first reading at a regular
meeting of the City Council on the 15th day of February, 2000 * That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting 'of the City, Council on the day of
2000.
AYES:
NOES:
ABSENT:.
City Clerk
APPROVED AS TO FORM:
City Attorney
I .
TO: Planning Commission
FROM: Public Services Department
Planning Division
DATE: January 25, 2000
AGENDA
Item No. B-1
Date: 1-25-2000
SUBJECT: CODE AMENDMENT NO. 293
REGULATIONS GOVERNING MOTION pICTURE FILMING
CATEGORICAL EXEMPTION
SUMMARY: The City's regulations governing motion picture filming and the issuance of
filming Permits were adopted in 1983. Issues that have arisen � from recent
filmairig shoots have demonstrated the need to update andrevise the City,s filing
regulatiQns.
UND
The City's regulations for. motion picture and television productions have not been amended
since their adoption 'in 1983. These regulations are codified in Chapter 15 of the Municipal Code
(Miscellaneous Provisions Related to Public Health and Safety). The current regulations grant
the authority to issue filming permits to the Police Chief In 1997, however, the Police
Department asked'the Planning Division to begin overseeing the issuance of film permits since
their work schedule made it difficult to handle the necessary interdepartmental coordination.
Since then, the Planning Division has permitted a moderate number of productions of various
types. In the course of these approvals, the City has noted various weaknesses of tjae current
Code regulations for motion picture fillning, including issues such as the laci of explicit
authorization for requiring neighborhood noticing and the lack of explicit authorization for the
Planning Division to coordinate film permit issuance. On October 26, 1999, the Planning
Commission conducted a study session to evaluate current regulations and options for changes.
DISCUSSION
In developing this Code Amendment, staff has sought to provide the City with the tools to
minimize fihning activities from negatively impacting res'dential neighborhoods and businesses.
At the same time, consideration has been given to the needs and circumstances of the film
industry. In staff discussions with the City of Pasadena and the Entertainment Industry
Development. Council (which handles permits for LA City and County, and -the Cities of
Diamond Bar, Seal Beach, South Gate, and parts. of Malibu), it has betome clear that e We
th st
Covina experience has not been unique. Film locations may change quickly, and production
companies place. a premium on flexibility both within their own organizations and in the
municipalities they work with. In response to this, it has been attempted to develop regulations
with as much flexibility as possible, given the necessity of protecting the safety and welfare of
the City'� residents and businesses.
Provided below is a brief discussion of the main issues that are addressed in updating the
filming regulations. City's.,
Coordination
The current code identifies the Police Chief as the issuer of permits, and the Police Department
as the lead agency. As discussed at the study session of October 26, 1999, staff proposes to
amend the- Municipal Code to make the Planning Division responsible for coordinating the
issuance of film permits. First, the kind of inter -departmental review and coordination needed to
process film permits is a regular activity in the Planning Division. Second, the police
departments personnel schedule makes it difficult for them to coordinate temporary . activities
with short advance notices, such as filming.
Film Permits versus Ma or Production Permits
At the study session, both staff and the Com mission note . d that many filming activities are
inherently low -impact in nature, and require relatively low levels of regulation. In contrast,
Code Amendment No. 293
Film Permits
JanuM 25-2000. - Pagel
produddons such as Good Burger orfilming involving special effects may require high levels of
oversight to minimize the impacts to residents and business owners.
In response, staff has proposed a two -tiered permit system. FiLm Permits may be issued for
short-term daytime filming where there are no aircraft, explosions, heavy traffic, or other noise -
producing elements. Night filming may also be considered under the Film Permit process when
the City Planner determines that potential impacts are minor and mitigable. Major Production
Permits are required for special effects filming, long-term filming, or other filming which "may,
in the opinion of the Planning Director [City Planner], negatively affect nearby residents or
business owners.".
Film Permits may be . issued administratively by the City Planner'when the . applicant has
supplied all ..necessary information and met any pre -conditions imposed. Major Production
Permits require a public notice and the scheduling of a public hearing, either before the City
Planner or the Planning Commission. Staff proposes that if no hearing is requested, none need
be held. However, the City Planner will be granted the authority to hold a hearing even if nonei is
requested, or at'any time to defer the matter to the Planning Conuni sion.
Notification
The current code does not explicitly require any noticing of adjacent property owners or
occupants, although the Planning Division has been requiring this as a matter of policy. Staff
believes the Code should explicitly endorse noticing, and specify when it may be required.
For Film Permits, staff proposes language allowing the City Planner to require noticing for
affected occupants of commercial and residential property. However, per direction by the
Planning Commission, the proposed language does not specify a notice radii or required
percentages of positive responses. Because the text reads "permission7 rather than "noticing,"
the City maintains the ability to . deny a proposed Film Permit based on the lack of permission
obtained. The City also maintains the ability to impose conditions and limitations on a Film
Permit as necessary to address stated concerns Cmay impose without limitation the following . .
For Major Production Permits, Proposed language requires public notice in a mariner similar (but
not identical) to that used for Administrative Use Permits. Residents and business owners
designated by the City Planner will be mailed a notice a minimum of seven days prior to a
designated hearing date. If no one requests a hearing, it need not be held, but the hearing date is
set prior to the mailing of the notices. The City Planner retaim the authority to hold a public
hearing even in the absence of any requests, or to defer the matter to the -planning Commission at
any time.
Compensation
Per Planning Commission direction at the study session 'of October 26, 1999, staff has not
proposed any language specifically requiring compensation to property or business owners. The
Commissionheld that issues of compensation should be left up to individual negotiation without
mandatesin the City code.
Hours of Eftigg
The curTent City code does not contain any explicit regulations as to hours of operation. In the
proposed code amendment filming between the hours of 7:00 am. and 9:00 p.m. is explicitly
preferred, as filming; outside of those hours may trigger a requirement for a Major Production
Permit rather than the sunPler (and much quicker) Film Permit
Conditions of Approval I
The Commission requested staff to present options for standard conditions of approval. Staff has'
included a number of explicit and implied conditions of approval in the code amendment, and
has granted the City Planner the authority to impose other. conditions as may . be necessary to
mitigate impacts to residents and business owners.
Code Amendment No. 293
Film Permits
January 25, 2000 - Paze 3
Should further experience show that certain other standards would be usefW to the City, staff has
also included Section 26-280(d), which explicitly authorizes the passage of more specific
CT1,11ing guidelines" in the form of a Planning Commission resolution, similar to the procedure
used for Parking and Lighting Standards used at present
RECONEVIENDATIO
Staff recommends that the Planning Commission approve a resolution recommending to the City
Council approval of Code Amendment No. 293.
Ja)g'es Severance .
Planning Assistant
REVIEWED AND APPROVED BY:
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01-00-4587
'A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE CODE AMENDMENT NO. 293, AMENDING CERTAIN
SECTIONS OF CHAPTER 15 (PUBLIC HEALTH AND SAFETY) AND
CHAPTER 26 (ZONING) OF. THE WEST COVINA MUNICIPAL CODE
REGULATING MOTION PICTURE FILMING WITHIN THE CITY OF WEST
COVINA.
CODE AMENDMENT, NO. 293 Motion Picture Filming
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: City-wide
WHEREAS, the City recognizes that motion -picture filming can be a desirable source of
jobs and income for City property -owners and residents, and can be an effective way to market the
City; and
WHEREAS, the City also recognizes that motion -picture filming requires special regulation
and monitoring by the City to ensure against adverse impacts to residents; and
WHEREAS, Code Amendment No. 293 is a City-initi ated project to modify certain
standards of the West Covina Municipal Code regulating motion picture filming within the City;
and
WHEREAS, the practice within the City has been for the Planning Division to coordinate
the issuance of film. permits, rather than the Police Department, and City desires to, codify this
changein procedure and policy by placing the: film regulations within Chapter 26 of the Municipal
Code rather than in Chapter 15; and
WHEREAS, the City desires to revise its present regulations to better reflect modem
industry practice and good administrative procedure; and
WHEREAS, the Planningto mmission did on the 26' day of October, 1999 conduct a
study session wherein direction was given to staff to pursue rectification of these issues; and
WHEREAS, the Planning Commission, upon giving the requi I red notice, did on the 25" day
of January, 2000, conduct a public hearing as prescribed by law;
NOW THEREFORE, the Planning Commission of the City of West Covina does resolve as
ibllows:
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amen dment No. 293 is
hereby found to be consistent with the West Covina General Plan and the implementation thereof
SECTION NO. 2: Because this project principally involves reformulations of existing regulations,
and explicit codifications of existing City policies and interpretations, the project can not have a
significant impact on the environment and it is exempt from the provisions of CEQA as set forth in
Sec tion 15061(b)(3) of the California Environmental Quality Act of 1970 (CEQA).
ZAMEM0LTR\james\CA 293 Film stuff\PC meetingsTA 293 PC reso,doc
Planning Commission Resolution No. 0 1-00-4587
Code Amendment No. 293
Motion Picture Filming
January 25, 20 - Pasze 2
SECTION NO. 3: The West Covina Planning Commission hereby recommends that the West
Covina Municipal Code be. modified as follows:
Sections 15-160 to 15-170 are hereby deleted in their entirety (the former film regulations)
New Article IV, Division 6.5, including new Sections 26-280, 26-28 1, and 26-282 are hereby added
to the Municipal Code to read as follows:
ARTICLE IV, DIVISION 6.5 MOTION PICTURE FILMING
Section 26-280 General Provisions
A. Purpose and Applicability. This division establishes special regulations for filming within the
city. Property in any zone, unless otherwise specified in filming guidelines per (d) below, may be
used as a filming location for filming, including without limitation filming of I motion pi . atires,
videotaping, or use of similar technology subject to approval of a film or major production permit
pursuant to this section.
B. Permit Exemptions. The provisions of this section shall not apply to:
I . The filming or video taping of motion pictures. solely for private use.
2. The filming or taping of motion pictures or still photography for use in a criminal
investigation or civil, judicial, or administrative proceedings.
3. Filming, televising, or taping by reporters or cameramen in the employ of a newspaper, news
service, or. similar entity engaged in journalism.
4. A motion picture, television or commercial photography studio operating at an established or
fixed place of business in the City with an approved conditional use permit.
C. Charitablefilms. No permit fee shall be required for projects which qualify under section
501(c)(3) of the Internal Revenue Code, generally including student films. However, permits shall
be required as in this division, and any necessary police, fire, or other City personnel shall be at the
applicant's own expense.
D. Filming Guidelines. The planning commission may adopt, by resolution, guidelines to be
applied in granting permits and setting conditions under this section.
E. General Filming Conditions.
1. No gunfire, explosions, aircraft, sirens, public address systems, bull horns, or other noise -
creating devices shall be used.
2. No fihn permits shall be issued for property upon which there are outstanding uncorrected
violations of chapters 7 (buildings), 10 (fire) or 26 (zoning) of this code, or of the uniform
building or fire codes as adopted by the City.
F. Application Requirements.
I . Payment of appropriate fees and deposits, as set. by resolution of the city council.
2. Completed application forms as prescribed by the planning director..
3. Documentation of minimum liability insurance, and certificate of insurance identifying the
city as additional insured for the purposes of filming, in the amount set by resolution of the
city council.
4. Written permission of the property owner on the appropriate city form, or equivalent written
pennission as acceptable to the planning director.
5. A site plan showing crew and equipment areas, al I parking locations, set locations and
orientations (including lighting and camera, locations), all drawn in sufficient detail for tfie
.City to evaluate the intensity of use and'potential impacts.
6. A complete written description of all scenes to be shot under the permit.
Z:WEM0LTRJames\CA 2 9 3 Filin stufl\PC ineetings\CA 293 PC reso.doe
Planning Commission Resolution No. 0 1 -00-4587
Code Amendment No. 293
Motion Picture Filming
January 25, 2000 - Page 3
Section 26-281 Film Permit
A. Applicability. A film permit may be approved by the planning director without notice or hea. . ring
for the following fillming:
1. In single- and multi -family residential zones, filming for up to three days, including any
setup and dismantling, in any three months on any one property-
2. In all other zoning districts, filming of up to five days, including any setup and dismantling,
in any three months on any one property. or shopping center.
3. All filming, including any setup and dismantling, shall be done between 7:00 am and 9:00
phi. Film Permit activities may be extend outside these hours if the planning director finds
that there will be no adverse impacts.to nearby residents or business owners.
4. Filming which involves no exceptions to the general filming conditions in section 26-280(e)
above.
B. Conditions. The planning director may impose conditions on short-term film permits for
protection of the public, including without limitation the following:
1. Written notification of affected and/or nearby property owners and tenants.
2. Attendance during setup, filming, and/or clean-up by unliformed police officers or
firefighters, at the applicant's sole cost and expense.
3. Measures to mitigate the impact of proposed activities on affected residents and/or business
owners.
C. Revocation. A film permit may be revoked in writing by the planning director effective
immediately for violation of the terms of the permit. Only the applicant may appeal the planning,
director's decision, which appeal shall otherwise be per the provisions of section 26-250.
Section 26-282 Major Production Permit
A. Applicability. A major production permit shall be required for all nonexempt filming that is not
eligible for a film pen -hit, including without lin�dtation filming which would in any way exceed the
64 general conditions" listed in section 26-280(e) above, or when night -or early -morning activities or
any other aspect of the filming may, in the opinion of the planning director, negatively affect -
nearby residents or business owners.
B. Procedures. Upon receipt of a complete application, the lanning director shall set a date and
p
time for a public hearing. The applicant shall provide mailing labels for all properties designated by
the planning director. The hearing notice shall indicate that any interested person may request, in
writing, that a hearing be held on the date set in advance by the planning director; and that if no
hearing is requested, the decision may, at the discretion of the planning director, be made without a
hearing. Public notices shall be placed in the United States Mail at least the seventh day prior to the
public . hearing. The planning director may also elect at any time to defer the matter to the planning
commission.
C. Findings. The following findings must be made fo- r approval of a major produc . tion permit:
I - The proposed filming will be located and conducted. in a manner consistent with the general
plan, municipal code, and the provisions of this article; and
2. Approval of the application will not be materially detrimental to property or improvements
in the surrounding area or to the public health, safety or general welfare'
.3. Actions have been and will be taken by the applicant to minimize the impact of the proposed
activities on any others in the vicinity.
D. Effective Date and Duration. A major production pen -nit shall be effective for the dates specified
by the permit, not to exceed 90 days. However, if filming ceases for a period of more than seven
days or is delayed in beginning for more than seven days, a pen -nit may be extended by. the
planning director up to three times without notice and hearings, for a time equal to any' such
cessation in filming, subject to making the findings required for approval of the permit. Otherwise
the permit shall lapse if not used within the approved time.
ZAMEM0LTR\james\CA 293 Film stuft'PC meetings\CA 293 PC reso.doc
Planning Commission Resolution No. 01-004587
Code Amendment No. 293
Motion Picture Filming
January 25, 2000 - Page 4
E. Change in Conditions. The planning director may require changes in the terms or conditions of a
major production permit at any time while it is in effect if needed to ensure that the filming may
continue to operate consistent with the required findings.
F. Revocation and Appeal. A major production permit may be revoked by the planning director
effective immediately for violation of any conditions of the permit. Appeals shall be as per WCMC
section 26-250.
SECTION NO. 3: The Secretary is instructed to forward a copy of this Resolution to the City
Council for its attention in the manner prescribed by law.
1, HEREBY CERTIFY, that the foregoing Resolution. was adopted . by the Planning
Commission of the City of West Covina, at a regular meeting held on the 25" day of January, 2000,
by the following vote:
AYES: Vice -Chairman Tarozzi, Commissioners Solinger, Tafoya, and York.
NOES: None.
ABSENT: Commissioner Warshaw.
DATE: January 25, 2000.
William Tarozzi,
Planning Corruni
Douglas
'�( McIsaac, Secretary
Plann4@ Commission
ZAMEM0LTR\james\CA 293 Film stuffTC meetings\CA 293 PC reso.doc
1 0 0
TO: . . Planning Commission
FROM: Public Services Department
Planning Division
DATE: October 26, 1999
SUBJECT: STUDY SESSION
AGENDA
Item No. C-2
Date: 10-26-99
REGULATIONS GOVERNING MOTION PICTURE FILMING
SUMMARY: The City's regulations goveming motion picture filming and the issuance of
filming permits were adopted in 1983. Issues that have. arisen from recent
filming shoots have demonstrated the need to update and revise the City's filing
regulations.
BACKGROUND
The City's regulations for motion picture and television productions have not been amended
since their adoption in 1983. These regulations are codified in Chapter 15 of the Municipal Code
(Miscellaneous Provisions Related to Public Health and Safety). The current regulations grant
the authority to issue filming permits to the Police Chief. In 1997, however, the Police
Department asked the Planning Division to begin overseeing the issuance of film permits since
their work schedule made it difficult to handle the necessary interdepartmental coordination.
Since then, the City has pernfitted two major productions (Good Burger, Weapon's of Mass
Distraction), one music video, and ten other minor shoots. In particular, the major productions
raised a number of issues that were not sufficiently addressed in the City's regulations. While
there has been a substantial slowdown in filming activity in 1999, there continues to remain a
need to update and revise the City's filming regulations.
Provided below is a brief discussion of the main issues. that need to be addressed in updating the
City's filming regulations. For many of these issues, decisions must be made as to how strict to
make the City's regulations. Obviously, major filming productions involve certain disruptions to
the public convenience, such 'as blocked off streets, noise, and lighting.. The City's filming
regulations should work to minimize and mitigate such disruptions while realizing that they are
an inevitable and unavoidable part of some filming productions.
Adopting stricter regulations would help to address some of the concems that have been raised
during recent filming productions. If they are so strict as to make a filming infeasible and/or too
complicated, production companies will go elsewhere. The City does. not have any adopted
policy regarding filming; however, recent experience with filming projects has shown a desire to
be generally accommodating to production companies. This, however, must be balanced with
the need to be sensitive to the concerns of residents'and business operators.
Coordination
The current code identifies the Police Chief as the issuer of permits, and the Police Department
as the lead agency. However, fihn permits can require extensive coordination among City
departments. For example, in order for the bus crash scene in "Weapons" to be completed
successfully, approvals from the City's Police, Fire, Building, and Engineering Departments
were needed. In addition, the shooting script and corresponding locations, dates, and hours may
change daily which makes coordination with the location manager an absolute necessity.
Due to competing priorities and the "3/12" work schedule, it is difficult for the Police
Department to manage this level of coordination. Police personnel assigned to coordinate review
of film pernlits, are generally available only threes days per week and are not always available to
address changes in filming schedules or to'provide an expeditious turnaround.- However, the
Planning Division regularly coordinates departmental reviews under the temporary use permit
administrative use pem-iit and general development review processes. Consequently, the Police
Department asked the Planning Division to take the lead on processing film permits, and has
done so for the last two years.
Film Permits Stations Studo.ssion
October 26, 1999 - Page 2
In response to this.change in operating policy, it is proposed to amend the Municipal Code to
make the Planning Division responsible for coordinating the issuance of film permits.
Notification
The current code does not explicitly require any noticing of adjacent property owners or
occupants, although the Planning Division has been requiring this as a matter of policy. For
instance, the City required the music video production company to individually canvass
approximately 96 residents and businesses. Other cities ' in the Los Angeles area and elsewhere
do set out specific noticing requirements in their ordinances. Staff believes the Code should
specify when and in what manner the owners and tenants.near a prospective shoot should be
notified.
Another consideration is what effect community response should have on the City's decision to
allow a film shoot to proceed. When the City permitted the shooting of Good Burger at the
Capri Center, the production company obtained the signatures of 10 of the 12 business tenants.
The other two businesses strenuously objected, but the filming permit was issued nevertheless.
A few cities set out specific percentages of unfavorable responses that may cause the city to deny
a permit. Such regulations, however, should be carefully considered. By the time that noticing
for a film permit has been undertaken, considerable time and effort has already been spent in
selecting a location, making the necessary preparations, and setting schedules for filming. If
confronted with regulations that posed the possibility of denying a film permit strictly on the
basis of public opposition,production companies may have severe reservations about attempting
to film in the City.
Should there be overwhelming opposition to a particular filming production, the City maintains
the ability in general to not approve a proposed filming permit. Where potential opposition is
more limited, the City also maintains the ability to impose specific conditions and limitations on
a filming pen -nit to address stated concerns. As an example, in 1998 the recording artist Jewel
filmed a music video at the then construction site of the Promenade Apartments. The production
had a nighttime setting and was proposed to occur during overnight hours. One adjacent resident
was adamantly opposed to the filming. The permit was approv�d; however, the production
company was required to erect barriers to reduce the light and noise impacts on adjacent
residences and to limit fih-ning in areas closer to the residences to the earlier evening hours.
Options
I Require set noticing to nearby residents and businesses for all filming productions.
2. Require noticing to nearby residents and businesses for filming productions, with some
flexibility for the City planner to determine the exact extent and- timing of noticing, and
to waive noticing under certain circumstances (e.g. strictly indoor filming).
3. Require denial of a film permit in cir curnstances where opposition is register I ed by a
certain proportion of nearby residents and business operators.
4. Expressly indicate that additional conditions and limitations on filrning may be imposed
in order to minimize impacts upon surrounding properties.
Compensation
While the current code does not require any compensation to private property owners for the use
of their property, it is standard practice within the film industry to offer some form of monetary
compensation to those affected property owners and/or merchants who believe that their property
is damaged or profits reduced as a result of filming. Typically, the production company will
allocate a certain amount of money specifically for this purpose.' The current ordinance does not
address this issue of compensation.
Compensation became a point of contention for the "Good Burger" fih-ning. The "Good Burger"
film permit required that the production company compensate any property owner or merchant
who was inconvenienced by the filming, although staff did.not get involved in negotiating� the
specific terms of compensation. The production company agreed to this condition in writing and
the majority of affected merchants and property owners were compensated by the production
Film Permits Stations Study Tasion
October 26, 1999 - Page 3
0
company. However, several businesses were not compensated until the City stepped in on their
behalf Again, the current ordinance lacks any regulations pertaining to this issue.
Options
Add provisions to the code to require compensation under certain circumstances. Doing
this would require additional research to (a) hold production compames properly
accountable for legitimate losses; (b) prevent the automatic award of overly frivolous
compensation claims; and (c) ensure that the City does not become overly or
inappropriately burdened with mediating disputes regarding compensation claims.
2. Continue to keep compensation to be subject to the production company's own policies.
Hours of Filmin
The current city code does not contain.any explicit regulations as to hours of operation. Staff has
generally referred to the City's Noise Ordinance which limits construction hour activity from
7:00 a.m. to 8:00 p.m. However, In order to accommodate filming (in particular for the music
video and "Weapons"), staff has required that location managers obtain signatures from
surrounding riesidents indicating that they agreed to the late -night filming hours. While late night
filming may be acceptable it also has the potential to adversely affect residents if not properly
controlled. As such, the current ordinance should be revised to address this issue. Several other
cities do include specific reference to hours of filming and setup, etc. in their code.
Options
L Prohibit late night/early morning fihning.
2. Permit late night/early morning fih ning without special regulations.
3. Permit late night/early morning filming with special noticing requirements and special
conditions and restrictions.,
Conditions of Approval
In addition to the issues discussed above, the City may wish to develop a list of standard
conditions of approval for filming permits, while granting authority to the City Planner to allow
exceptions. These conditions could include issues such as insurance, noise, hours, and
responsibility for paying emergency response personnel for any service calls. While the
conditions on a particular filming permit may be the same regardless of whether they are listed mi
the ordinance, their inclusion'in the ordinance can provide advance awareness to production
companies and reduce disputes over the necessity for certain conditions.
Options
1 Develop list of standard conditions.
2. Continue to impose conditions as a part of individual filming permits.
RECOMMENDATION
Staff recommends that the Planning Commission provide direction to staff regarding updating
the City's filming regulations.
REVIEWED AND APPROVED BY: .
e
PHOTOGRAPHY/MOTION PICTURE PERMIT
Permit # . Coordinating Agency
Date ___Attachments —
Company
Address
Phone Fax
UPM
Location Mgr.
Location
Tide
City/State/Zip
Production Type
Assistant Director
Dist. Other
Activity
Date(s) Between the hours of F/C/S
Total Days Total Personnel
Vehicles/Equipment
Pyrotechnics FX#
Technician License # Phone
Insurance Company Exp. Date
Additional Items Required:
I. Property owner's authorization for site. Notification of additional property' owners may be required
2. Site plan showing all crew and equipment areas, parking, filming locations, and any lighting or effects
3. Certificate of insu rance, naming City additional insured for min. $ 1,000,000 of general liability coverage
4. Application fee of $ 100, plus $250 for each day of filming
5. Security and cleaning deposit of $ 1,000
6. Normally a police officer will be required on site at $50 per hour
N pomvq�g
I - '.1'L-'LT,'�%'-1 i-I �,Z,00 "YOW27-:201M I
This perinit must be cancelled by or permittee will be charged approx. - for City costs
Planning APPrOval. Date
Police Approval Date
Q
Last modified 09A)4/98 10:27 AM
TO: File
FROM: J. Berry
SUBJECT: Proof of Publication
DATE: February 15, 2000
Hearing Item No. A-2 (Code Amendment No. 293)
FRIDAY, FEBRuARY 4, 2000
NOTICE 00 'PUBLIC HEARING
�PURSUANT TO THE, LAW AND INi
CONFORMANCE WITH THE MUNICIPAL
CODE YOU ARE HEREBY NOTIFIED OF A
PUBLIC HEARING OF THE WEST COVINA
CITY COUNCIL.
CODE AMENDMENT NO. 293.
GENERAL EXEMPTION
APPLICANT:, 'City of West Covina�
LOCATION: Citywide
REQUEST: The proposed code amendment
consists of certain
amendments to Chapter 26
(Zoning) of the West Covina
Municipal Code related to
standards and procedures for
motion Picture filming within
the City;
The,proposed code amendment is exempt
from the ' - Provisions of . the California
Environmental Quality Act (CEQA) pursuant
to Section 15061(b)(3) of the CEQA Guidelines
in that it consists of a code amendment, which
does not have the potential 'for causing a
significant effect on the environment.
If you Wish to challenge the action(s) taken
On the request(s), you may be limited to
raising only those issues which You (or
som eone else)- raised orally at this public
hearing or in written 'correspondence received,
by the City at or before the hearing.
THE PUBLICr HEARING WILL BE'HELD:
PLACE: West Covina City Hall .
14" West Garvey Ave South
City Council Chambers
Level One
DATE: Tuesday, February 1'5, 2000
TIME: 7:30 p.m.
If you have any questions, we urge You,to
contact Doug Mclsaac at :(626) 814-8422or
Room 208, at City Hall.
Only tKrough citizen, participation can
your government build a better City
BY ORDER OF THE
CITY COUNCIL OF THE
'CITY OF WEST COVINA
Publish- February 4, 2000'
Son Gabriel Valley Tribune Ad No. 10064
SAN GABRIEL VALLEY NE
WSPAPERs, ES
1444 West Garvey Avenue So. - P.O.Box 1440 - West Covina - CA 91793 - Phone (626) 814-8400