Ordinance - 2049ORDINANCE N0.2049
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).
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 Commission did on the 26°i 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, did on the 25°i
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`1 day of February, 2000; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. 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 the 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 modern 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.
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Ordinance No. 2049
Code Amendment No. 293
Motion Picture Filming
March 7. 2000 - Page 2
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 impact on the environment.
SECTION NO. 3: The City Council 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 XIII through XI 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 of Article 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
Divisions 7 through 10, respectively.
DIVISION 6. MOTION PICTURE FILMING
See. 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 pursuant
to paragraph (d) below, may be used as a location for filming, including without limitation
filming of motion pictures, videotaping, or use of similar technology subject to approval of a
film permit or major production permit 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.
(3) Filming, televising, or taping by reporters or cameramen in the employ of 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) Charitable films. 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.
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Ordinance No. 2049
Code Amendment No. 293
Motion Picture Filming
March 7, 2000 - Page 3
(2) No film permits shall be issued for property 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.
(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 locations 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.
Section 26-281. Film Permit.
(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 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 the hours of
7:00 am and 9:00 p.m. 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.
(a) 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.
0(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.
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Ordinance No. 2049
Code Amendment No. 293
Motion Picture Filming
March 7, 2000 - Page 4
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 permit, including without limitation filming which would in any
way exceed the "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 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 be placed in the United States Mail at
least the seventh day prior to the public hearing. The plamring director may also elect at any time
to defer the matter to the planning commission.
(a) 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 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 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 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 section 26-250.
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Ordinance No.2049
Code Amendment No. 293
Motion Picture Filming
March 7, 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 7" day of March, 2000.
Mayor
is
ATTEST:
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. 2049 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 15"i day of February, 2000. That, thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7"i day
of March, 2000.
AYES:
NOES:
ABSENT:
Herfert, Melendez, Touhey, Wong, Howard
None
None
APPROVED AS TO FORM:
Interim City Attorney
City Cl
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