04-21-2020 - AGENDA ITEM 11 PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO. 20-01 FOR FILM PERMIT STANDARDSAGENDA ITEM NO. 11
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 21, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO.20-01 FOR FILM PERMIT
STANDARDS
RECOMMENDATION:
That Planning Commission recommends that the City Council consider a Zoning Code Amendment as follows:
ORDINANCE NO.2471 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO.20-01, RELATED TO FILM PERMIT
STANDARDS
BACKGROUND:
On January 21, 2020, the City Council adopted Resolution No. 2020-05 to initiate a Code Amendment to Section
26-281 of the West Covina Municipal Code (WCMC) pertaining to film permit standards.
On February 11, 2020, the Planning Commission held a study session to discuss the film permit code standards and
directed staff to modify the number of days filming is allowed in residential and non-residential zones, and to
modify the filming activity timeframe for non-residential zones. The ordinance was prepared based on the
comments received from the Planning Commission during the study session.
On March 10, 2020, the Planning Commission held a public hearing to consider Code Amendment No. 20-01.
During the hearing Mr. Lucas Purcell pointed out that the draft Code Amendment does not limit the amount of
filming days allowed in non-residential zones. The Planning Commission voted 5-0 to approve Resolution No.
20-6030 recommending the City Council adopt Code Amendment No. 20-01 as presented.
DISCUSSION:
The proposed changes to the zoning code need to balance all the City's economic development priorities. Allowing
for additional filming on commercial properties in some cases could be a disincentive to reuse of the property. For
example, if the revenue from film permits is substantial, a property owner has little incentive to reuse the property
for a better/higher use. This is particularly important in the Auto Plaza BID area, where the City is encouraging
new vehicle sales as the primary land use. The City does not generate significant revenue from film permits. Film
permit costs need to be competitive with other cities in the region if the City wishes to attract more filming.
Additionally, having reasonable fees supports filming is an ancillary use of the property. A potential problem occurs
when filming is the primary use of the property because the City looses sales tax revenues and receives only
minimal revenue from the film permit.
The proposed ordinance provides the following changes to Section 26-281 of Division 6 of Article VI of Chapter
26 of the WCMC:
• The number of filming days for residential zones will be increased from 3 days to 5 days.
• The number of filming days for non-residential zones will be increased from 5 days to 20 times per
production with a minimum of 7 days in between each time period.
• The hours for filming in non-residential zones will be revised from 7:00 am to 9:00 pm to 6:00 am to 11:00
pm.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve the Planning Commission's recommendation; or
2. Provide alternative direction
ENVIRONMENTAL REVIEW:
The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the
CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project, respectively.
The amendment to the West Covina Municipal Code would not result in a physical change in the environment
because it would simply revise existing film permit standards.
Prepared by: Jo -Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:
The proposed code amendment will have no fiscal impact. Applicants will be required to pay fees to cover any
staff costs as well as hard costs required to process applications.
Attachments
Attachment No. 1 - Ordinance No. 2471
Attachment No. 2 - Planning Commission Resolution No. 20-6030
Attachment No. 3 - Mar. 10, 2020 Planning Commission Minutes
Attachment No. 4 - March 10, 2020, Planning Commission Staff Report
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City linage and Effectiveness
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ORDINANCE NO.2471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 20-01,
RELATED TO FILM PERMIT STANDARDS
WHEREAS, the City's provisions for film permits were last updated on March 7, 2000;
and
WHEREAS, on January 21, 2020, the City Council initiated a code amendment related to
film permit standards; and
WHEREAS, on February 11, 2020, the Planning Commission conducted a study session to
discuss potential revisions to the film permit standards; and
WHEREAS, on March 10, 2020, the Planning Commission conducted a duly noticed
public hearing as prescribed by law regarding proposed Code Amendment No. 20-01. At the
conclusion of the public hearing, the Planning Conran fission approved Planning Comndssion
Resolution No. 20-6030, recommending that the City Council approve Code Amendment No. 20-
01; and
WHEREAS, on April 21, 2020, the City Council conducted a duly noticed public hearing
as prescribed by law regarding this ordinance approving Code Amendment No. 20-01; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the ordinance is statutorily exempt from the California Environmental Quality
Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA
only applies to projects that have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all
testimony received being made a part of the public record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Subsection (a) of Section 26-281 of Chapter 26, Article VI, Division 6 of
the West Covina Municipal Code is hereby amended to read as follows:
(a) Applicability. A film permit may be approved by the planning director without notice
or hearing for the following filming:
(1) In single- and multi -family residential zones, filming for up to #lee (3) five (5)
days, including any setup and dismantling, in any three (3) months on any one
(1) property.
(2) In all other zoning districts, filnlrtrg of up to fie F, 20 times per
productionhilm and/or application in a calendar year with a minimum of seven
(7) days in between each time period. ..,,.kWi any sepap aFA ,1...�Bgia,
(3) AD filming, inchuling any setup and dismantling, shall be done between the
hours of 7-00 am and 9:00 p.m in residential zones, and between the hours of
6:00 a.m. and 11:00 p.m. in all other zoning districts. Film permit activities
may extend outside these hours if the planning director finds that there will be
no adverse impacts to nearby residents or business owners.
(4) Fihning which involves no exceptions to the general filrning conditions
in Section 26-280(e) above
SECTION 2: The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
SECTION 3: This ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage.
PASSED, APPROVED AND ADOPTED this day of , 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
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STATE OF CALIFORNIA
COUNTY OF IDS ANGELES
CITY OF WEST COVINA
I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, do hereby certify the
foregoing Ordinance, being Ordinance No. 2471, was introduced at the April 21, 2020 regular
Council meeting and adopted at a regular meeting of the City Council on , 2020, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.2
PLANNING COMMISSION
RESOLUTION NO.20-6030
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF CODE AMENDMENT NO. 20-01, CODE
AMENDMENT RELATED TO FILM PERMIT STANDARDS
CODE AMENDMENT NO.20-01
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on the 21 sc day of January 2020, the City Council initiated a code amendment
related to film permit standards; and
WHEREAS, the Planning Commission, did on February 11, 2020, conduct a study session
to consider the initiated code amendment; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 10th day
of March 2020, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, studies and investigations made by this Commission and on its behalf reveal the
following facts:
The City's provisions for film permits were last updated in March 7, 2000.
2. It is necessary to amend the municipal code because the current filming standards are too
restrictive.
3. The proposed action is 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, BE IT RESOLVED, by the Planning Commission ofthe City of West
Covina as follows:
Planning Commission Resolution No. 20-6030
Code Amendment No. 20-01
March 10, 2020 - Page 2
SECTION NO.1: The above recitals are true and correct and are incorporated herein as if set forth
herein in full.
SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment
No. 20-01 is hereby found to be consistent with the West Covina General Plan and the implementation
thereof, and that the public necessity, convenience, general welfare, and good zoning practices require
Code Amendment No. 20-01.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning
Commission of the City of West Covina hereby recommends to the City Council of the City of
West Covina that it approves Code Amendment No. 20-01 to amend Chapter 26 (Zoning) of the
West Covina Municipal Code as shown on Exhibit "A."
SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City
Council for their attention in the manner as prescribed by law and this Resolution shall go into force
and effect upon its adoption.
I 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 10'h day of March, 2020,
by the following vote.
AYES: Holtz, Heng, Redholtz, Kennedy, Jacquez
NOES: None
ABSTAIN: None
ABSENT: None
DATE: March 10, 2020
Herb Redholtz, Chairm
Planning Commission
Jeff ff rson, Secretary
Pl ng Commission
Planning Commission Resolution No. 20-6030
Code Amendment No. 20-01
March 10, 2020 - Page 3
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT
NO. 20-01, RELATED TO FILM PERMIT STANDARDS
WHEREAS, the City's provisions for film permits were last updated in March 7, 2000;
and
WHEREAS, on the 2 1 " day of January 2020, the City Council initiated a code amendment
related to film permit standards; and
WHEREAS, the Planning Commission, did on February 11, 2020, conduct a study session
to consider the initiated code amendment; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 10°1 day
of March 2020, conduct a duly advertised public hearing as prescribed by law to make
recommendations to the City Council to approve Code Amendment No. 20-01; and
WHEREAS, the City Council, upon giving the required notice, did on the _ day of
, conduct a duly advertised public hearing as prescribed by law on the proposed
ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the proposed ordinance is statutorily exempt from the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that
CEQA only applies to projects that have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all testimony
received being made a part of the public record.
WHEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
WEST COVINA HEREBY ORDAINS AS FOLLOWS:
Planning Commission Resolution No. 20-6030
Code Amendment No. 20-01
March 10, 2020 - Page 4
SECTION NO. 1: Subsection (a) of Section 26-281 of Chapter 26, Article VI, Division
6 of the West Covina Municipal Code is hereby amended to read as follows:
(a) Applicability. A film permit may be approved by the planning director without notice
or hearing for the following filming:
(1) In single- and multi -family residential zones, filming for up to three (3) five 5
days, including any setup and dismantling, in any three (3) months on any one
(1) property.
(2) In all other zoning districts, filming of up to five 'n five 20 times per
production/film and/or application in a calendar year with a minimum of seven
(7) days in between each time period. ineittElingand '"sfflan 1in
an), thf ee (3) moirths en an), one (1) property or shopping eente .
(3) All filming, including any setup and dismantling, shall be done between the
hours of 7:00 a.m. and 9:00 p.m. in residential zones, and between the hours of
6:00 a.m. and 11:00 p.m. in all other zoning districts. Film permit activities may
extend outside these horns 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
SECTION NO. 2: That the City Cleric shall certify to the passage of this
ordinance and shall cause the same to be published as required by law.
SECTION NO. 3: This ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
PASSED, APPROVED AND ADOPTED this
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
Planning Commission Resolution No. 20-6030
Code Amendment No. 20-01
March 10, 2020 - Page 5
I, LISA SHERRICK, Assistant City Clerk, of the City of West Covina, custodian of the original
records, which are public records which I maintain custody and control for the City of West Covina do
hereby certify the foregoing Ordinance, being Ordinance No. as passed by the City Council of
the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk,
at a regular meeting of the City Council held on the and that the same was
passed by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO. 3
These minutes are preliminary and are considered unofficial
until adopted at the next Planning Commission meeting.
3. CODE AMENDMENT NO. 20-03
CATEGORICAL EXEMPTION
LOCATION: Citywide
REQUEST: The proposed code amendment consists of certain amendments to the
Zoning section of the West Covina Municipal Code to modify motion picture/film
permit standards.
Planning Manager Jo -Anne Bums presented the staff report. During her
presentation she told the Commission that the City Council had initiated the code
amendment and a study session had been held by the Planning Commission to discuss
amendments to the film code. She explained the various proposed amendments to the
current code and added that this matter is a general exemption from CEQA guidelines. She
also told the Commission that the public hearing notice was published in the San Gabriel
Valley Tribune.
Chairman Redholtz opened the public hearing.
Lucas Purcell asked what the duration of filming would be allowed with each permit.
There was a short discussion by the Commission regarding the number of days that are
allowed and the types of filming that takes place.
Chairman Redholtz closed the public hearing.
There was a short discussion by the Conunisssion regarding the proposed code
amendment.
Motion by Holtz, seconded by Jaquez, to waive fiuther reading and adopt Resolution
No. 20-6030 recommending to the City Council approval of Code Amendment No.
20-03. Motion carried 5-0.
Chairman Redhokz said final action on this matter will be taken by the City Council at a
public hearing on a day to be determined.
NON -HEARING ITEMS
4. Study Session — Design Review Subcommittee Guidelines
Comnimity Development Director Jeff Anderson presented the staff report. There
was a discussion by the Commission regarding cultural customs that can sometimes
affect placement of doors and windows. In addition, the Commission discussed
other cultural customs that prompt a change of address for the property. It was the
consensus of the Commission that guidelines are not just for ethnic considerations.
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They should provide guidance to property owners, so their neighborhoods are
attractive while taking into consideration that sorne lots are unique in the way they
are developed. There was also a discussion by the Conn fission regarding requiring
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ATTACHMENT NO.4
AGENDA
ITEM NO.3_
DATE: March 10, 2020
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CODE AMENDMENT NO.20-01
CATEGORICAL EXEMPTION
LOCATION: City-wide
REQUEST: The proposed code amendments consist of certain amendments to the Zoning section of
the West Covina Municipal Code to modify motion picture filming/film permit standards.
BACKGROUND
On January 21, 2020, the City Council adopted Resolution No. 2020-05 (Attachment No. 1) to initiate a
Code Amendment to Section 26-281 of the West Covina Municipal Code (WCMC) pertaining to film
permit standards.
On February 11, 2020, the Planning Commission held a study session to discuss the film permit code
standard and directed staff to modify the number of days filming is allowed in residential and
non-residential zones, and to modify the filming activity timeframe for non-residential zones.
DISCUSSION
Based on the Planning Commission study session a draft ordinance has been prepared. The draft
ordinance provides the following changes to the West Covina Municipal Code (WCMC):
• The number of filming days for residential zones were increased from 3 days to 5 days.
• The number of filming days for non-residential zones were increased from 5 days to 20 times per
production with a minimum of 7 days in between each time period.
• The timeframe for filming in non-residential zones has been modified.
ENVIRONMENTAL DETERMINATION
The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 15061(b)(3)
of the CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or
reasonably foreseeable indirect physical change in the environment and for activity considered to be a
project, respectively. The amendment to the West Covina Municipal Code would not result in a physical
change in the environment because it would simply revise existing film permit standards.
STAFF RECOMMENDATIONS
Staff recommends that the Planning Commission adopt a resolution recommending approval of Code
Amendment No. 20-01 to the City Council.
Submitted by: Jo -Anne Burns
Attachments
Attachment No. 1 - Code Amendment Approval Resolution
Attachment No. 2 Staff Report 2.11.20