Ordinance Number 1022 ORDINANCE NO. 1022
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 4, CHAPTER 9, PERTAINING TO THE
CONDUCT OF COMMERCIAL FILMING IN THE CITY OF SAN JUAN
CAPISTRANO TITLED "COMMERCIAL FILMING ACTIVITIES"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The following Municipal Code is hereby amended: Title 4,
"Public Safety" Chapter 9, "Commercial Filming Activities", is amended to read as
follows:
CHAPTER 9. COMMERCIAL FILMING ACTIVITIES
Sec. 4-9.01. Purpose and Intent
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.
Sec. 4-9.02. Definitions
Certain words and phrases used in this chapter are defined as follows:
(a) "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.
(b) "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.
(c) "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.
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(d) "News media" means filming for purposes of spontaneous, unplanned television
news reporting by journalists, reporters, photographers, or camera operators.
(e) "Private property" means any property within the City of San Juan Capistrano not
owned, or controlled by the City.
(f) "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.
(g) Frequently Filmed Area — If one or more film locations have been used for a total of
6 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.
Sec. 4-9.03. Permits Required
(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 permitee 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
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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' 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.
Sec. 4-9,04, Exemptions
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.
Sec. 4-9.05. Permits; Applications, Forms and Filing
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.
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(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).
0) 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.
(a) Permit Processing Time: The following time schedule shall be used as a guideline
for processing permit applications:
(1) Five (5) working days for approval and issuance of "typical" film permits,
provided all required information is received in a timely manner.
(2) Ten (10) working days for approval and issuance of permits involving use of
the public rights-of-way, filming in commercial districts, stunts or special physical
effects, provided all information is received and requisites completed in a timely
manner.
(3) Additional time, as deemed necessary to adequately evaluate and address
all City and community concerns, will be required for any filming activity requiring
extensive traffic control, road closures, coordination with the business community
or commercial districts or when approvals from homeowners associations or
businesses are required, police security, scheduling parameters, or other issues.
Sec. 4-9.05. Permits: Fees, Insurance and Deposits
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 4-9.00 shall be paid by the
Applicant
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(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 permitee, 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 permitee.
(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
and no/100ths ($1,000,000) Dollars, 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.
Sec. 4-9.07. Permits: Conditions of Approval
(a) The Department Director or his/her designee may refer the application to such
appropriate City departments as are directly impacted by the application and as he/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 his/her 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.
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(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 Permitee 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.
Rules and Regulations
(a) The Department Director or his/her 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 his/her 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 his/her
designee is authorized, upon a showing of good cause, to change the conditions under
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- 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.
Sec. 4-9.08. Granting. Revocation or Denial
(a) The Department Director or his/her 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 his/her 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. ,
Sec. 4-9.09. Notification and Appeals
(a) The Department Director or his/her 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 ten (10) business days following the date
of filing of the application. The applicant shall be notified within 5 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 permitee aggrieved by a decision or action of the Department
Director or his/her 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 (5) business days after
notice of denial, approval or revocation has been received by the applicant or
permitee. The City Council shall act upon the appeal within forty-five (45)
al en ar daYs of the filing of the appea .
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(2) Upon receipt of an appeal, the City Clerk shall set a date for a bearing 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/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,
SECTION 2. Effective Date.
The Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be
posted at the duly designated posting places within the City and published once within
fifteen (15) days after passage and adoption as required by law; or, in the alternative,
the City Clerk may cause to be published a summary of this Ordinance and a certified
copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after
adoption, the City Clerk shall cause to be published, the aforementioned summary and
shall post a certified copy of this Ordinance, together with the vote for and against the
same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 21st day of April 2015.
Jo" (2,0-tu'c
DEREK REEVE, [MAYOR
ATTEST:
IIIRIA:MORRIS, I LERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1022 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 7th day of April 2015, and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 21't day of April
2015, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBERS: None
ABSENT: Q NCIL MEMBERS: None
M `RTA MORRIS, __rVY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section 36933(1) of
the State of California, on the 16th day of April 2015, at least 5 days prior to the adoption
of the ordinance, I caused to be posted a certified copy of the proposed ordinance
entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 4, CHAPTER 9, PERTAINING TO THE
CONDUCT OF COMMERCIAL FILMING IN THE CITY OF SAN JUAN
CAPISTRANO TITLED "COMMERCIAL FILMING ACTIVITIES"
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This document was posted in the Office of the City Clerk
M RIAAMORRIS, CITY,CLERK
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano, that in compliance with State laws, Government Code section 36933(1) of
the State of California.
On the 22nd day of April 2015, i caused to be posted a certified copy of Ordinance No.
1022, adopted by the City Council on April 21, 2015, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 4, CHAPTER 9, PERTAINING TO THE
CONDUCT OF COMMERCIAL FILMING IN THE CITY OF SAN JUAN
CAPISTRANO TITLED "COMMERCIAL FILMING ACTIVITIES"
This document was posted in the Office of the City Clerk
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
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