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08-04-2020 - AGENDA ITEM 04 CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2471 - CODE AMENDMENT NO. 20-01, RELATED TO FILM PERMIT STANDARDS12/1/2020 Print Staff Report AGENDA ITEM NO. 4 DATE: August 4, 2020 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2471 - CODE AMENDMENT NO.20-01, RELATED TO FILM PERMIT STANDARDS RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: 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: The City Council initiated a code amendment on January 21, 2020 to consider revising the film permit standards. The Planning Commission held a study session on February 11, 2020. On March 10, 2020, the Planning Commission held a public hearing to consider the ordinance and recommended that the City Council approve the code amendment. The City Council initially considered the Code Amendment on April 21, 2020 and voted to forward the item back to the Planning Commission for further revisions. On May 26, 2020, the Planning Commission reconsidered the Code Amendment and made revisions based on the City Council's direction. The Planning Commission voted 4-0 (Commissioner Holtz was absent) to approve Resolution No. 20-6037 recommending the City Council adopt Code Amendment No. 20-01. Based upon the actions and recommendations of the Planning Commission, the City Council held a public hearing and introduced Ordinance No. 2471 at the July 21, 2020 City Council meeting. During the public hearing, the City Council voted 4-1 (Council member Johnson was the dissenting vote) to make the following revisions to the draft Ordinance: • Decrease the "cool -off period" for filming in residential zones from 90 days to 60 days. • Increase the "cool -off period" for filming in non-residential zones from 30 days to 60 days. • Decrease the number of consecutive filming days allowed in non-residential zones from 15 days to 5 days. • Require neighbor notification for all filming activities. https://destinyhosted.com/print_ag_memo.Gfm?seq=897&rev_num=0&mode=6demal&reloaded=true&id=93782 1/2 f 2/1 /2020 Print Staff Report DISCUSSION: The purpose of the Ordinance is to amend the Municipal Code to allow for more filming in both residential and commercial zones without negatively impacting the residents and the City's tax base. The Ordinance has been revised to reflect the City Council's direction at the July 21, 2020 public hearing. It is requested that the City Council conduct the second reading and adopt Ordinance No. 2472. The Ordinance will take effect on the 31 st day following adoption, which is on or about September 4, 2020. LEGAL REVIEW: The City Attorney's Office has reviewed the ordinance and approved it as to form. Prepared by: Jo -Anne Burns, Planning Manager Fiscal Impact FISCAL IMPACT: The proposed code amendment will generate additional economic development activity within the City. The exact benefits are difficult to quantify but will increase over time, as the City becomes known as a "film friendly" city. Applicants are required to pay fees associated with permit processing. Attachments Attachment No. 1 - Ordinance No. 2471 CITY Enhance the City Image and Effectiveness COUNCIL Engage in Proactive Economic Development GOALS & OBJECTIVES: https://destinyhosted.com/print_ag_memo.Gfm?seq=897&rev_num=0&mode=6demal&reloaded=true&id=93782 2/2 /:UWII:�yrlur�l�Yli�[I][I 1111% h/:�[81- D K 113&Z,MI 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 Commission approved Planning Commission 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 and forwarded Code Amendment No. 20-01 back to the Planning Commission for further revisions; and WHEREAS, on May 26, 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 Commission approved Planning Commission Resolution No. 20- 6037, recommending that the City Council approve Code Amendment No. 20-01; and WHEREAS, on July 21, 2020, the City Council conducted a duly noticed public hearing as prescribed bylaw 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 a hearing upon receipt of an application with proof of notirication of all adiacent neighbors and all occupants of properties within the same street block as the filming location for the following filming activity: (1) In single- and multi -family residential zones, filming for up to #wee—(3) five (5) days, not including any setup and dismantling, in y three "` mon" with a minimum of 60 days in between each time period, on any one (1) property. (2) In all other zoning districts, fihning of up to five (5) days, not including any setup and dismantling, ;. afi), d"o "` .,,oi4h., with a minimum of 60 days in between each time period, on any one (1) property or shopping center. (3) AD 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 am and 11:00 p.m in all other zoning districts. Fihn permit activities may extend outside these howl 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 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 4th day of August, 2020. Tony Wu Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk STATE OF CALIFORNIA COUNTY OFLOS 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 July 21, 2020 regular Council meeting and adopted at a regular meeting of the City Council on August 4, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk