San Juan Capistrano Municipal Code Ch. 9 Commercial Filming Activities

The intent of this article is to regulate filming activity in private and public locations within the City by any commercial or private film enterprise. The regulations are based upon the following criteria: (1) Secure and protect property within the City; (2) Control traffic congestion within the City; and (3) Promote the general health, welfare, and safety of the citizens of San Juan Capistrano.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

Certain words and phrases used in this chapter are defined as follows:

"Charitable or student films"

means any commercial film produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization or is associated with an accredited educational institution, and for which no person, directly or indirectly, shall receive a profit from marketing and production of the film or from showing the films, tapes or photos.

"Commercial films"

means and includes all activities associated with staging or shooting commercial motion pictures, television shows or programs, commercials, digital media and training films, and commercial still photography.

"Filming"

means activities associated with staging and shooting motion pictures, commercial films or videos, television programs, video media, commercial still photography, digital media or other visual or auditory reproduction technology. The period of filming includes set-up, filming and strike time.

"News media"

means filming for purposes of spontaneous, unplanned television news reporting by journalists, reporters, photographers, or camera operators.

"Private property"

means any property within the City of San Juan Capistrano not owned, or controlled by the City.

"Typical"

means the processing of a film permit application that does not require additional permits, additional staff’s review or other special conditions imposed to grant approval of the film application.

Frequently Filmed Area.

If one or more film locations have been used for a total of six days in a residential area or 15 days in a commercial area, within a 90 day period preceding the proposed filming, is deemed a frequently filmed area.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

(a) Filming on Public Property. No person shall use or in any way impact any public park, street, alley, sidewalk, way or other public property owned or controlled by the City for the purpose of making commercial films without first applying for and receiving a film permit from the City and any other permits or approvals as governed by this chapter.

(b) Filming on Private Property. No person shall use any private property for the purpose of making commercial films without first applying for and receiving a film permit from the City. The applicant is required to obtain the owner’s consent for use of private property. The provisions of this chapter shall not apply to or be construed to affect filming by news media or filming solely for private-family or personal use.

(c) Commercial Still Photography (Annual Permit). Individual commercial photographers may apply for an annual permit pursuant to the City’s adopted rules and regulations.

(d) Encroachment Permit. In addition to the requirements of this chapter and all other applicable laws, rules and regulations, each permittee filming under this chapter using the public streets or rights-of-way or causing an impact to public facilities, vehicular or pedestrian traffic, is required to apply for and obtain an encroachment permit from the Public Works Department. This permit shall condition the applicant on such terms and regulations regarding the time, place and manner of utilizing the City streets or other public properties as established and set forth in Title 7, Chapters 3, 4, and 6. The applicant shall pay all related fees for the encroachment permit.

(e) Where public or private streets are used for parking or staging of equipment or crew, or when filming activity impacts residential or commercial districts, notification and approval is mandatory before a film permit may be issued. Notices and approvals shall be secured by the applicant.

(1) Notification. Notification of the activity shall be made directly to each residence or place of business, within a 300 foot radius, or as directed by City staff. Notice shall include dates, times, and type of activity, and shall include a valid contact name and telephone number of the applicant.

(2) Approval. If conditioned by the City, in addition to the notice the applicant shall obtain, in writing, approval from the affected resident(s) or business owner(s) for the specified filming activity.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

The provisions of this chapter shall not apply to, or be construed to, affect the following film, video and still photography activities:

(a) Filming solely for personal, non-commercial use as specified in City approved guidelines.

(b) Filming to commemorate special events by a professional, semiprofessional or amateur photographer that will not be used for promotional or commercial purposes.

(c) Filming conducted at, and entirely within, a studio.

(d) The regular activities of the news media concerning those persons, locations or occurrences which are in the news and of general public interest. An encroachment permit may, upon review by the City, be required, if any of the above stated filming activities noticeably impacts the public streets or public rights-of-way.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

Forms. Film permit applications shall be filed on printed forms provided by the City. The form shall be signed by the applicant and shall set forth the following information:

(a) The name, address and telephone number of the company or person(s) requesting permission to film and the name of the contact person representing the filming activity.

(b) The specific location and address where the filming activity is to take place.

(c) The name, address, and telephone number of the owner of the location where the filming activity is to take place.

(d) The inclusive hours and dates such activity will occur.

(e) A comprehensive statement of the character or nature of the filming content.

(f) The number of personnel and crew.

(g) A list, including the size of major equipment and vehicles to being used, including but not limited to trucks, buses, trailers, limousines, cranes, lighting structures, and scaffolding.

(h) Use of any pyrotechnics, animals, stunts, props, etc.

(i) A staging plan illustrating the placement of all sets and props and all equipment, including generators, honey wagons, catering services and cameras (including booms and cranes).

(j) Such additional information as deemed necessary to fully evaluate the scope of work.

Filing. An application for a permit to film on public or private property as described in this section, together with the fees and insurance required for the permit, shall be filed with the City.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

Permit Fees. Each applicant shall pay a permit and location fee, as required, for the use of any public property to make commercial films pursuant to the provisions of this chapter. The amount of this fee is set by resolution of the City Council of the City of San Juan Capistrano.

(a) All related fees for additional City permits pursuant to Section 4-9.03 shall be paid by the applicant.

(b) All fees for security personnel, pursuant to Section 4-9.06 shall be paid by the applicant.

(c) Charitable and student films are subject to all applicable fees pursuant to the provisions of this chapter.

(d) Staff and Equipment Recovery Costs. Each permittee, inclusive of commercial, charitable, and student organizations, filming under this chapter shall reimburse the City for all costs incurred by the City for City staff time or equipment provided to the permittee.

(e) Insurance. As a condition of the application, proof of insurance shall be submitted to the City in advance of permit issuance. The applicant shall maintain in full force and effect during the term of the permit, a policy of insurance for no less than one million dollars ($1,000,000.00), in comprehensive general liability, from an insurance company licensed to do business in California. The City shall be named a certificate holder and provide the City an additional insured endorsement to the applicant’s liability insurance policy on a separate endorsement form, which names the City, its officers, employees, and agents as additionally insured.

(f) Deposit. To ensure cleanup and restoration of the work area, the applicant, inclusive of commercial, charitable or student films, may be required to post a refundable deposit in an amount to be determined at the time application is being reviewed.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

(a) The Department Director or designee may refer the application to such appropriate City departments as are directly impacted by the application and as he or she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application.

(b) The Department Director or designee shall issue a permit under this chapter if it is determined that the following criteria have been met:

(1) The proposed use will not unreasonably interfere with or endanger the public peace or rights of nearby residents to the quiet, peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare.

(2) The proposed use will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the permit area, or adversely affect the City’s ability to perform municipal functions or furnish City services in the vicinity of the permitted area.

(3) The proposed use will not constitute a fire or safety hazard and all proper safety precautions will be taken as is reasonably necessary to protect the public peace, health, safety or general welfare.

(c) All proposed film permits in frequently filmed areas will receive particular scrutiny and more stringent conditions. The guidelines are based on a three step process:

(1) Determine the geographical boundaries of the neighborhood/location most impacted by the proposed filming.

(2) Determine if the neighborhood/location has been filmed in the preceding 90 day period.

(3) Devote scrutiny to proposed film permit, and may impose additional conditions if it is approved.

(d) The permittee shall be liable for any damage suffered by the City resulting from the granting or use of this permit and, at the election of the City, shall repair the damage or reimburse the City for all expenses related to such damage.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

(a) The Department Director or designee is authorized and directed to promulgate specific rules and regulations, governing the form, time and location of any commercial film activity set forth within the City. A set of rules and regulations shall be specific to commercial filming and commercial still photography. The rules and regulations shall be based upon the following criteria:

(1) The health and safety of all persons;

(2) Avoidance of undue disruption of all persons within the affected area;

(3) The safety of property within the City;

(4) Traffic congestion at particular locations within the City.

(b) In addition to the requirements of this chapter and all other applicable laws, rules and regulations, the Department Director or designee may require the issuance of an encroachment permit regarding the time, place and manner of utilizing the City streets or other public property which are necessary and appropriate under the circumstances.

(c) Upon reasonable notice by the applicant, the Department Director or designee is authorized, upon a showing of good cause, to change the conditions under which a permit has been issued, provided that the requirements of this chapter are met and the City can undertake all necessary administrative review within the time requested.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

(a) The Department Director or designee shall deny the permit if the conditions of this chapter and all applicable laws and regulations have not been met or if the application contains incomplete or false information.

(b) The Department Director or designee may immediately revoke or suspend a permit which has been granted, if the conditions of this chapter and all applicable laws and regulations are no longer being met, if the information supplied by the applicant becomes, or is determined to be, false or incomplete, or if any substantial change in circumstances results in the proposed use becoming detrimental to the public peace, health, safety or general welfare.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)

(a) The Department Director or designee shall act upon the application in a timely fashion and shall approve or disapprove the application or request additional information within a period of not greater than 10 business days following the date of filing of the application. The applicant shall be notified within five days of the action of approval, denial or revocation of the permit application or permit issued under this chapter.

(1) The notice of denial or revocation shall state the reasons for such action and the appropriate remedy or cure, if applicable.

(2) The notification shall be deemed satisfied when the notice is sent by electronic message or sent by certified United States mail addressed to the applicant at the address shown on the permit application.

(b) An applicant or permittee aggrieved by a decision or action of the Department Director or designee under this chapter shall have the right to appeal any such decision to the City Council.

(1) Any appeal shall be filed with the City Clerk within five business days after notice of denial, approval or revocation has been received by the applicant or permittee. The City Council shall act upon the appeal within 45 calendar days of the filing of the appeal.

(2) Upon receipt of an appeal, the City Clerk shall set a date for a hearing of the matter and give notice of the date, time and place of the hearing to the applicant/appellant. Prior to such hearing, the Department Director shall transmit to the City Clerk a report of his or her findings and at the City Council hearing shall present all documents on file.

(3) The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part, the action that was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this chapter and may waive any requirement of this chapter where it is found to be in the public interest. The City Council shall transmit a copy of its decision to the applicant/appellant.

(Ord. No. 860, § 1; Ord. No. 1022, § 1, 2015)