Division 8 — FILM PERMIT PURPOSE

This division establishes special regulations for filming within the City. Property in any zone, unless otherwise specified in filming guidelines pursuant to section 26-254(d), or provisions listed in section 2661(c)(1)c., 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.

Sec. 26-253. - General provisions.

(a)

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.

(b)

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.

(c)

Filming guidelines. The Planning Commission may adopt, by resolution, guidelines to be applied in granting permits and setting conditions under this section.

(d)

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 property upon which there are any outstanding uncorrected violations of chapters 7 (buildings and building regulations), 10 (fire prevention and protection) or 26 (zoning) of this Code, or of the California building or fire codes as adopted by the City.

(e)

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 Community Development Director or their designee.

(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 Community Development Director or their designee.

(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.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-254. - Ministerial film permit.

(a)

Applicability. A ministerial film permit may be approved by the Community Development Director or their designee without a hearing upon receipt of an application with proof of notification of all adjacent 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 five (5) days, not including any setup and dismantling, with a minimum of sixty (60) days in between each time period, on any one (1) property.

(2)

In all other zoning districts, filming of up to five (5) days, not including any setup and dismantling, with a minimum of sixty (60) days in between each time period, on any one (1) property or shopping center.

(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 hours if the Community Development Director or their designee 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 26-254 (e) above.

(b)

Conditions. The Community Development Director or their designee 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 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 Community Development Director or their designee effective immediately for violation of the terms of the permit. Only the applicant may appeal the Community Development Director or their designee's decision, which appeal shall otherwise be per the provisions of section 26-226.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-255. - Discretionary film permit.

(a)

Applicability. A discretionary film permit shall be required for all non-exempt filming that is not eligible for a ministerial film permit, including without limitation filming which would in any way exceed the "general conditions" listed in section 26-254 above, or when night or early-morning activities or any other aspect of the filming may, in the opinion of the Community Development Director or their designee, negatively affect nearby residents or business owners.

(b)

Procedures. Upon receipt of a complete application, the Community Development Director or their designee shall set a date and time for a public hearing. The applicant shall provide mailing labels for all properties designated by the Community Development Director or their designee. 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 Community Development Director or their designee; and that if no hearing is requested, the decision may, at the discretion of the Community Development Director or their designee, be made without a hearing. Public notices shall be placed in the United States mail at least ten (10) days prior to the public hearing. The Community Development Director or their designee may also elect at any time to defer the matter 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 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 ninety (90) days. However, if filming ceases for a period of more than seven (7) days or is delayed in beginning for more than seven (7) days, a permit may be extended by the Community Development Director or their designee up to three (3) 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 Community Development Director or their designee 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 Community Development Director or their designee effective immediately for violation of any conditions of the permit. Appeals shall be as per section 26-256.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 9. - SECOND UNIT REVIEW (ACCESSORY DWELLING UNIT AND URBAN DWELLING UNIT)

Sec. 26-256. - Process.

(a)

A second unit review is the procedure used by the City to verify that a proposed accessory dwelling unit, junior accessory dwelling unit, and urban dwelling unit pursuant to article IV division 2 of this chapter and complies with the applicable development standards.

(b)

The Community Development Director or their designee shall issue a second unit review approval letter after determining that the request complies with all zoning code provisions applicable to the project. The approval letter shall be considered the same as a zoning clearance.

(c)

The Community Development Director or their designee shall provide the applicant an incomplete/correction letter if the application is incomplete or if corrections are needed in order for the application and plans to comply with zoning code standards.

(d)

Building permits shall not be issued without a second unit review approval letter.

(e)

The planning division must approve or deem the application to create an accessory dwelling unit, junior accessory dwelling unit, or urban dwelling unit incomplete within sixty (60) days from the date that the planning division received a completed application. If the planning division has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either:

(1)

The applicant requests a delay, in which the 60-day time period is tolled for the period of the requested delay, or

(2)

When an application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or junior accessory dwelling unit until the City acts on the permit application to create a new single-family or multi-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit will be considered ministerially without discretionary review or a hearing.

(f)

Denial of application. If the application to create an accessory dwelling unit, junior accessory dwelling unit, or urban dwelling unit is denied or deemed incomplete, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. A notice of the denial or incomplete application and corresponding comments must be provided to the applicant within the 60-day time period established by this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)