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)