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HomeMy WebLinkAboutCity Council Agenda Item No. 17CITY OF i�^c LAKE 1 ' LSIIYOR.,E DREAM EX TREME n REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: SEPTEMBER 25, 2012 SUBJECT: AN ORDINANCE AMENDING TITLE 5 OF THE LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER 5.110 REGULATING MOTION PICTURES, TELEVISION AND PHOTOGRAPHIC PRODUCTION WITHIN THE CITY OF LAKE ELSINORE Recommendation It is recommended that the City Council introduce by title only and waive further reading of Ordinance No. 2012 -1305 amending Title 5 of the Lake Elsinore Municipal Code by adding Chapter 5.110 Regulating Motion Pictures, Television and Photographic Production within the City of Lake Elsinore, by roll -call vote. Background On August 14, 2012, Staff presented the City Council an Ordinance amending Title 5 of the Lake Elsinore Municipal Code by adding Chapter 5.110 Regulating Motion Pictures, Television and Photographic Production within the City of Lake Elsinore. The Council, discussed the Ordinance, then directed Staff to make modifications, provide any written comments from the California Film Commission (CFC) and bring back to the Council for reconsideration. Discussion On September 4, 2012, James J. Fitzpatrick, Deputy Director, provided comments (attached) to the City regarding the DRAFT ordinance. In reference to Mr. Fitzpatrick's comments, staff has provided a summary of the modifications: AGENDA ITEM NO. 17 Page 1 of 30 Ordinance Amending Title 5 September 25, 2012 Page 2 1. Time Period to develop City Restrictions for Extraordinary Activity (No Change): a. Most Film Permit Applications will be processed by the City in five (5) business days or less, with the exception of "extraordinary activity'. A film activity that interferes with traffic, involves stunts, special effects or is deemed extraordinary will require submittal at least ten (10) working days in advance of the date the filming activity is to begin. The City cannot list all restrictions involving stunts without knowing what is being proposed, therefore, in such cases where we have restrictions, conditions will be set accordingly in a timely manner. 2. Definition for Extraordinary Activity (Added in Rules and Regulations): a. Extraordinary Activity shall mean an activity in which the applicant may request a waiver of the Lake Elsinore Municipal Code, exclusive use of public facilities, or requires additional supervision due to the nature of a scene. 3. Lead Time for Road Closures (Changed): a. The lead time for road closures will be reduced to sixteen (16) working days, following the CFC's current policy and Caltrans requirements for closing freeways or portions of state highways for film activity. 4. Actors in "Official" Emergency Response Type Uniforms (Changed) a. The requirements for "cover up" of police, fire and other official uniforms applies when actors are not on "set." 5. Film Credits (Changed) a. The Credits Agreement is removed from the permit application packet; however, if a production company is offering credits, Staff will accept it on a case by case basis, as appropriate. 6. Excessive Noise Standard (No Change): a. Staff recommends deferring to Lake Elsinore Municipal Code Chapter 17.176 for noise standard definition. Other changes resulting from the City Council's discussion are: 7. No Application Fee (Change): a. Film Permit Applications range from simple still photography by an individual to multifaceted large productions. A "No Fee' application will promote filming in the City with minimal cost for Staff to process. For larger productions, City Staff intends to follow the Special Event model to seek cost recovery, as necessary, through other fees (site venue, facility use, traffic plan, exclusive use, and waiver LEMC) based on the filming activity and added staff costs. 8. Use of Local Businesses (Change): a. It is the City's objective to encourage use of local businesses. The objective statement is included and highlighted on the Film Permit Application. Page 2 of 30 Ordinance Amending Title 5 September 25, 2012 Page 3 9. Appeals Process (Added): a. A permit applicant or permittee may follow the appeal process by filing an appeal with the City Manager's office no later than five (5) business days after the date of written notice. The appeal shall be heard by the City Manager or designated officer who shall hold a hearing no later than five (5) business days after the filing of the appeal, and shall render his /her decision not later than two (2) business days after appeal hearing. Fiscal Impact No cost to General Fund. Potential increase in local revenue. Prepared by: Claudia Davis Lake, Parks and Recreation Manager Approved by: Pat Kilroy —� Director of Lake, Parks and Recreation Approved by: Tom Evans Interim City Manager Attachments: Draft Ordinance No. 2012 -1305 California Film Commission Comments Film Permit Application Film Permit Application – Addendum 1 Draft Administrative Rules and Regulations Page 3 of 30 ORDINANCE NO. 2012 -1305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5 OF THE LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER 5.110 REGULATING MOTION PICTURES, TELEVISION AND PHOTOGRAPHIC PRODUCTION IN THE CITY WHEREAS, the City of Lake Elsinore is an ideal backdrop for television, commercial and film production due to its "Dream Extreme" lifestyle and climate for motion picture and television filming; WHEREAS, the "Uniform Film Permit Act" commencing with Section 14999.20 et seq. of the California Government Code encourages municipalities to adopt uniform permit procedures throughout the State; WHEREAS, the City wishes to adopt regulations for the issuance of motion picture and television film permits and to establish a more uniform process for the permitting of commercial film activities in the City; WHEREAS, as required by the Uniform Film Permit Act, the California Film Commission reviewed the City's proposed ordinance and provided comment which have been incorporated in this ordinance; WHEREAS, the City Council held a public meeting regarding the proposed amendment to the Lake Elsinore Municipal Code, reviewed the City staff's agenda report and received public testimony and documentary evidence provided prior to and at the public meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Municipal Code Amendment. Title 5 of the Lake Elsinore Municipal Code is hereby amended by adding Chapter 5.110 to read as follows: "Chapter 5.110" MOTION PICTURES, TELEVISION AND PHOTOGRAPHIC PRODUCTION 5.110.010 Purpose and Intent. This chapter is to establish administrative rules and regulations for the review and issuance of film permits for motion pictures, television and photographic production in the City. The intent of this chapter is to facilitate and regulate the Page 5 of 30 time, place and manner of such filming activity while protecting the residents and property owners from the potential adverse impacts of filming activities. 5.110.020 Definitions. For purposes of this chapter, the following definitions shall apply: "Charitable films" shall mean commercials, motion pictures, television, videotapes, or still photography produced by a nonprofit organization which qualifies under Internal Revenue Code Section 501(c)(3) as a charitable organization, for which no person, directly or indirectly, receives a profit from the marketing, production or display of the work. "Film permit officer" means the Director of the Lake, Parks and Recreation Department or his /her designee. "Motion pictures, television, and still photography" shall mean all activity attendant to the staging or shooting of commercial motion pictures, television programs and commercials in any medium including film, tape or digital format. "News coverage" shall mean filming or videotaping by individuals in the employ of newspapers, news services, and similar entities of on- the -spot, current coverage of news events concerning persons, scenes and occurrences which are in the news and of general public interest. "Student films" shall mean motion pictures, television, and still photography produced as part of the instructional program of an accredited school or college. "Extraordinary Activity" shall mean an activity in which the applicant may request a waiver of the Lake Elsinore Municipal Code, exclusive use of public facilities, or requires additional supervision due to the nature of a scene. 5.110.030 Permit required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures, television, or still photography without first applying for and receiving a permit from the film permit officer. 5.110.040 Permit exemptions. A film permit shall not be required for any of the following activities, provided that the activity will not require the closure of a public street, or substantially impede vehicular traffic thereon: Page 6 of 30 A. Films for private use. The filming or videotaping of motion pictures solely for private family use. B. News media. Reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in on- the -spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest; and /or those who are filming videotaping for use in criminal investigations, civil proceedings, and emergencies such as fires, floods, police actions, etc. This exemption does not apply to magazines or documentary programs. 5.110.050 Authorization. The film permit officer is hereby authorized to impose reasonable conditions governing the form, time and location of any filming activity set forth within the City. He /She shall also provide for the issuance of permits. The conditions shall be based upon the following criteria: 1. The health and safety of all persons. 2. Mitigation or disruption to all persons within the affected area. 3. The safety of property within the City. 4. Traffic congestion at particular locations within the City. 5.110.060 Applications. Applications for a film permit must be filed with the film permit officer a minimum of five (5) working days in advance of the date the filming activity is to begin. If such activity interferes with traffic or involves stunts, special effects, or is deemed extraordinary, an application must be submitted at least ten (10) working days in advance and. No late applications will be processed by the City unless the film permit officer determines that special circumstances beyond the control of the applicant precluded its timely submittal and that sufficient time remains for processing. The applicant must keep a copy of the permit posted on -site in a conspicuous place at all times. 5.110.070 Permit approval or denial. The film permit officer shall approve, conditionally approve or deny the application within five (5) business days of receipt of the application unless the proposed filming activity requires extensive review by other City departments due to significant public health and welfare considerations or traffic safety. The film permit shall be approved by the film permit officer unless the film permit officer determines from consideration of the application or other pertinent information that any of the following conditions exist and cannot be corrected through the imposition of conditions on the permit: Page 7 of 30 A. The filming activity will substantially disrupt the use of a street at a time when it is usually subject to high traffic volumes, or will interfere with the operation of emergency vehicles in the proposed permit area, or where the activity is substantially incompatible with nearby residential uses; B. The location of the filming activity will substantially interfere with street maintenance work or activities carried out pursuant to a previously authorized excavation permit; C. The proposed permit location will substantially interfere with other previously authorized activities, contractual obligations or safety of the public or persons participating in the filming activity while within the City; D. The proposed permit location is on City property and the filming activity will substantially interfere with municipal functions or the scheduled maintenance of City buildings or grounds; E. The filming activity creates a substantial risk of injury to persons or damage to property; F. The applicant has failed to complete the application after a determination by the film permit officer that the application is incomplete, or the information contained in the application is found to be false in any material detail; G. The filming activity would violate federal, state or local law including licensing or permit requirements; H. The permit applicant has a demonstrated record of noncompliance with permit conditions. 5.110.080 Fees. There is no charge for the Permit Application. Cost Recovery Fees will be charged to cover expenses to the City for personnel, equipment, venue fees and vehicle expenses incurred by the City to assist a film activity. The fees will reflect actual costs to the City. 5.110.090 Permit conditions. The film permit officer may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities. These conditions shall be listed on the film permit. Such conditions may include, but need not be limited to, the following: Page 8 of 30 A. Requirements for the presence of City employees at the applicant's expense, when required for the particular filming activity; B. Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense; C. Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected property owners and businesses; D. Requirements concerning the cleanup and restoration of public streets and City property employed in the filming activity; E. Restrictions concerning the use of City employees, services, vehicles and equipment in the filming activity; F. Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal law; G. Restriction on the use of firearms, explosions and other noise - creating or hazardous devices which disturb the peace; H. Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials; I. Requirements concerning cover up of police, fire and other official uniforms worn by actors, when the actors are not on set; J. Restrictions concerning the use of City logos, insignias, badges or decals for filming purposes; K. Restrictions on the daily hours the filming activity may be conducted within the City; L. Liability insurance and agreements indemnifying and holding harmless the City, its officers and employees. 5.110.100 Notification. It shall be the responsibility of the applicant to provide the following notification to affected persons: A. Written notification to include the date, time, location and nature of filming activity. Page 9 of 30 B. Written authorization from all property owners on whose property filming will occur as part of the film permit application. C. If filming in residential areas is to occur between the hours of 10:00 p.m. and 6:00 a.m. notification to all residents within 300 feet shall be required on a designated City form or notice approved by the film permit officer. D. Filming activities that exceed two days, including preparation, shooting and strike, shall require notification to all residents and businesses within 300 feet on a designated City form or notice approved by the film permit officer. 5.110.140 Suspension and Revocation. The film permit officer may suspend or revoke a film permit issued pursuant to this chapter under any of the following circumstances: A. Where it is determined that the permittee violated or failed to comply with any of the applicable ordinances, resolutions or regulations of the City; B. Where it is determined that the permittee violated or has failed to comply with any of the terms or conditions of the film permit; C. Where it is determined that the film permit was granted pursuant to false or fraudulent information contained in the film permit application; D. Where it is subsequently determined that the filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or E. Where it is determined that the preservation of the public health, safety and general welfare demand revocation for the permit. 5.110.150 Appeals. A. A permit applicant or permittee may appeal the denial, revocation or suspension of a permit, permit condition, insurance requirement, fee requirement, or the film permit office's decision not to waive a deadline set forth in this chapter. Such appeal shall be filed with the City Manager's office no later than five (5) business days after the date of the written notice of the decision. Failure to file a timely appeal shall result in a waiver to the right to appeal. The appeal shall be heard by the City Manager or City's designated officer. B. The City Manager or City's designated officer shall hold a hearing no later than five (5) business days after the filing of the appeal, and shall render his /her decision not later than two (2) business days after the appeal hearing. Page 10 of 30 The decision of the City Manager may be appealed to the City Council at its next meeting. The decision of the City Council shall be final. Section 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Section 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _ day of September, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _ day of 2012. BRIAN TISDALE, MAYOR CITY OF LAKE ELSINORE ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Page 1 I of 30 Comments from James J. Fitzpatrick, Deputy Director California Film Commission (CFC), September 3, 2012 City of Lake Elsinore: Ordinance No. 2012 -1305 5.110.060 Applications. No problem with requiring five working days for obtaining a permit; however, ten working days seems excessive for film activity that involves stunts, special effects or "is deemed extraordinary" especially if the film activity is on private property such as a ranch or a commercial property. After reading the companion City of Lake Elsinore "Administrative Rules and Regulations for Motion Pictures, Television and Photographic Production" (hereafter "Rules "), somehow I could not find the definition /explanation of "extraordinary activity." Thirty working days is exceedingly excessive lead time for road closures. The CFC's current policy for closing freeways or portions of state highways for film activity requires only sixteen business days (sometimes fewer days) to vet the project, determine traffic counts, obtain a certified traffic plan, hold a meeting involving all local stakeholders including municipalities affected by the proposed detours and assign CHP off -duty officers to the activity for the protection of public and film crew safety. 5.110.090 Permit Conditions. Several issues here so I will address them per the alphabetical letter. G. Again referring to the "Rules" #7 addresses "Excessive Noise" as any level of sound above what is accepted as standard filming activities.... There is no "standard" that I am aware of. If you are going to limit noise (which I do not recommend unless confronted with explosions, full load automatic weapons /shotgun firing, etc.) please set a scientific standard such as 65db or something measurable. It should be noted that waste haulers, street repairs and other municipal activities often exceed 85db on a daily basis for their "ordinary activity!" H. What exactly are the restrictions involving the kinds of activity listed here? One would think that these restrictions need to be limited on a case -by -case basis. Page 13 of 30 I. When actors or background actors are costumed in `official" uniforms, the uniforms are never exactly made to real specifications —the uniforms and logos are made to look similar. The actors change into their costumes when arriving on set (location or studio) and change back into their street clothes when finished for the day. Wearing "cover -ups" while on the set waiting to appear on camera is unreasonable and unwarranted. L. The City is being reimbursed for providing a permit and services for the filming activity. The Credits Agreement (page 17) should be omitted from the permit application packet. It is only on very rare occasions that a feature film or TV drama is compelled to acknowledge location assistance in the end credits — usually because the production company has received some tax credit or incentive from the entity. Commercials do not even have end credits. Furthermore, requiring a DVD or CD or print copy is not part of film business process. M. Does the City have "requirements concerning affirmative action and nondiscriminatory practices for employment" that exceed the federal and state laws? If so, I did not see those requirements set forth in the "Rules." End comments. Page 14 of 30 CITY OF LADE QCpLSIH0P,E DREA CITY OF LAKE ELSINORE PHOTOGRAPY AND MOTION PICTURE PERMIT APPLICATION Date Submitted: D.ESCRIPTIOAI e Project Title: Production Type: ❑ Still Photography ❑ Feature Film ❑ Commercial ❑ Music Video ❑ TV -Movie ❑ Documentary /Educational ❑ TV- Episodic ❑ Other (specify) Total Personnel: Total Number of Vehicles /Equip: Equipment Detail: Please supply total number of each of the following items to be used at the filming location(s). Generators Large Trucks Motorhomes Vans Trailers Camera Cars Picture Vehicles Cast/Crew Cars Description of Filming Activity: Please provide specifics about your shoot, describing the scenes to be shot at each location and any use of animals, stunts, pyrotechnics, hazardous materials, etc. Please include and indicate prep and strike days. Attach additional sheets if necessary. Date Time Location and Activit Page 15 of 30 CONTACTS;' Name of Applicant: Name of Company: Address: City State Zip Code Phone Cell Fax E -Mail Location Manager: Address: City State Zip Code Phone Cell Fax E -Mail Production Manager: Address: City Phone E -Mail State Zip Code Cell Fax Page 16 of 30 SITE PLAN If your shoot is planned on City street(s) and/or property, please submit a site plan showing proposed location(s) of cast, crew, vehicles and the route to be traveled on the street(s). ❑ Site plan attached ❑ Site plan will be submitted by time and date TRAFFIC „P_LAN ,` Street Closures: ❑ Yes ❑ No Is your filming activity going to impact the regular flow of traffic on a city street or sidewalk? If yes, applicant/organizer must notify residences and businesses affected by the event. What street(s) and intersection(s) will be closed for your shoot? ❑ Yes ❑ No Will your event involve the use of traffic safety equipment, (i.e.) barricades, traffic cones, etc.? Applicant/organizer will be required to obtain traffic safety equipment for the safe closure of the venue and to ensure proper detour and parking information is posted. Depending on the event, you may need barricades, traffic cones, directional signage, etc. You may also be required to obtain a professional traffic plan. Parking: It is important that you plan for the safe arrival and departure of cast and crew. As the applicant/organizer, you should develop a parking and /or shuttle plan that is suitable for the environment in which your shoot will take place. ❑ Yes ❑ No Have you included accessible parking and /or access plans? Proposed Parking/Staging Arrangements: Proposed Security Services: Proposed First -Aid Services: Proposed Trash Collection and Disposal: Proposed Restroom Facilities: * *THE CITY OF LAKE ELSINORE ENCOURAGES USE OF LOCAL BUSINESSES. ** Page 17 of 30 STUNTS & SPECIAL_EFFECTS, - Stunts /Special Effects: Please provide detailed information about any stunts or special effects planned: ❑ Yes ❑ No Will fireworks, explosives or any other pyrotechnic device be used? Name of Pyrotechnics Company: Business License Number: Address: Aerial Stunts /Aircraft: Please provide detailed information about any aerial stunts or aircraft use planned: iNSURArucE Insurance: Before a permit as issued, a certificate of insurance naming the City of Lake Elsinore as additionally insured must be submitted. Insurance certificate must be issued by insurance underwriters "admitted" by the California Insurance Commission and rated "A" or "B +" by Best's Key Rating Guide. Requirements include: Minimum of $1,000,000 general liability, proof of Workman's Compensation and $10,000,000 Aircraft liability when applicable. Other activities may require additional insurance coverage. ❑ Insurance certificate attached ❑ Insurance certificate will be submitted by time and date Insurance Company: Expiration Date: OFFICE USA, FOR ONLII' Pbhn #Granted a es Eff citve Appri ov d Bg ; T kle SpecraJ Approvals /Perntts Requ Fed �+ ❑ No'Spectal ApprovaislRert67ts�egwred a "p,perty-Owner PennSss�on r ❑ Standpyxira Requrred �- - ❑aHomeowner/M'�erohahYAsso cation Perm�ssi9A ZA ❑ Po4ce Req`wred -. <zx❑EOther ❑ FM Approval a,.... Fees�$}tdAha�gesCQliectetl ,FgescollegterFinadvaaceare t ,qaa, usted1J# ?y W.gquiredaYCOmpleuonoftfle Z FireDe artment, .. ,` ShegfFna w Publf, wor`�cs M Total Fees Collected m Advance Date Patd How Pard Receipt lumber Fer sowed atComplettorrof Protects ve`rpayrventta efurrdod z Page 18 of 30 GENERAL TERMS, CONDITIONS AND RESTRICTIONS Permittee waives all claims against City, its officers, agents and employees, for loss or damage caused by, arising out of or in any way connected with the exercise of this permit and permittee agrees to hold harmless, indemnify, and defend City, its officers, agents and employees caused by, arising out of or in any way connected with exercise by permittee of the rights hereby permitted, except those arising out of the sole negligence of City. City shall have the privilege of inspecting the premises covered by the permit at any and all times. This permit shall not be assigned. City may terminate permit at any time if permittee fails to perform any covenant herein contained at the time and in the manner herein provided. City agrees it will not unreasonably exercise this right of termination. The parties hereto agree that the permittee, its officers, agents, and employees in the performance of this permit shall act in an independent capacity and not as officers, employees, or agents of the City. No alteration or variation of the terms of this permit shall be valid unless made in writing and signed by the parties hereto. Permittee agrees to comply with the terms and conditions contained in the attached Exhibit(s), which terms and conditions are by this reference made a part thereof. The permittee hereby agrees to comply with all the rules and regulations of the facility or institution subject to this permit. Permit must be kept on site at all times. City makes no representation or warranty as to condition of any property or facilities used by permittee, and it is the responsibility of permittee to fully inspect all property and facilities to determine their condition prior to their use, and in going forward, assumes all risks associated with the condition of property or facilities. Permittee agrees to all the terms and conditions of this permit including provisions listed on this form and any attachments. Applicant's Name: Date: Representative of: (Company) Page 19 of 30 CITY )F �a "_ LADE 0LS1H01ZE �= DREAM EXTREME CITY OF LAKE ELSINORE PHOTOGRAPY AND MOTION PICTURE PERMIT APPLICATION ADDENDUM ,1 .;,. If you are shooting on private property, either "A" or "B" below must be completed and signed. A. PROPERTY OWNER 1, , hereby certify under penalty of perjury that I am the legal owner of the property located at and that I consent to the photographic recordings occurring on said property on Signature Date Mailing Address Phone Number B. LEGAL REPRESENTATIVE of legal agent for the property located at and that the photographic recordings occurring on said property on consents to Signature Date Mailing Address Phone Number 130. S. Main Street • Lake Elsinore, CA 92530 hereby certify that _ is the owner's Page 21 of 30 C1 TV OF LADE C?LS1N0P E Z_ DREAM EXTREME CITY OF LAKE ELSINORE ADMINISTRATIVE RULES AND REGULATIONS FOR MOTION PICTURES, TELEVISION AND PHOTOGRAPHIC PRODUCTION POLICY STATEMENT The City of Lake Elsinore welcomes the opportunity to host motion picture, television, and photographic production within its boundaries and appreciates the benefits of these activities to the local economy and the promotion and enhancement of the city's image. The City is committed to assisting the movie, television and entertainment industry by providing an atmosphere for film, photographic and video production that is supportive and hospitable. 1. City of Lake Elsinore Municipal Code All conditions and requirements of Chapter 5.110 ( "Motion Pictures, Television and Photographic Production) of the Lake Elsinore Municipal Code must be adhered to. 2. Definitions. Film Permit: A permit issued by the City of Lake Elsinore to allow the activities associated with filming activity including the production, filming or video taping of motion picture and television shows, programs, commercials and still photography. Film Permit Officer: The Director of Lake, Parks and Recreation or his /her designee. Family Video: The filming or videotaping of motion pictures or taking of still photographs solely for private use. Filming Activity: All activity attendant to staging or shooting commercial motion pictures, television shows or programs, web based media, commercials and the taking of single or multiple photographs for sale or commercial use involving a cast and crew of 10 or more individuals where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes. Filming activity also includes filming of commercial radio station promotional events. Extraordinary Activity: An activity in which the applicant may request a waiver of the Lake Elsinore Municipal Code, exclusive use of public facilities, or requires additional supervision due to the nature of a scene. Page 23 of 30 CIT of � LADE "LSINORE DREAM E)tE REME Filming Location: Actual property or properties that any filming activity for commercial motion picture or still photographic production is performed. News Media: The photographing, filming or videotaping for the purpose of spontaneous, unplanned reporting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest by reporters, photographers or cameramen in the employ of a newspaper, television station, news service, or similar entity. Preparation (Prep): Work day or days preceding filming activities. These activities may include set construction, dressing, painting, landscaping or rigging for stunts and special effects. Strike: Work at a filming location that includes the removal of equipment at the end of filming activities. These activities may include, but are not limited to, set removal, re- painting, re- landscaping, and un- rigging from stunts and special effects. Student Films: Motion picture, television, or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student film maker must supply proof that he /she is currently enrolled in an educational institution. Studio Filming: A legally established commercial motion picture /television /still photography place of business where filming activity, whether motion or still, are regularly conducted inside a studio /stage upon the premises. 3. General Requirements for Film Permits. Lake Elsinore Municipal Code Chapter 5.110 set forth the requirements for obtaining a film permit. A film permit is required for the use of any public right -of -way or any public or private property, facility or residence for the purpose of engaging a filming activity. All City Film Permits must be obtained through the Film Permit Officer at Lake Elsinore City Hall. All coordination with schools, residents and other property owners is the responsibility of the permittee. An approved film permit must be posted in public view on the property where the filming activity is taking place. 4. Film Permits. A. All productions must provide a complete application for a film permit on a form provided by the City. The form must be signed and accompanied by all required fees, deposits, indemnification agreement, the insurance certificate(s) required by Chapter 5.110 before the permit will be processed. A complete application Page 24 of 30 CITY OF LADE LSINOIZE UREAM EXTREME shall be submitted at least five (5) working days prior to the date in which such person desires to conduct the activity for which a permit is required. If such activity interferes with traffic or involve potential public safety hazards, such as stunts, pyrotechnics or special effects, an application shall be submitted at least ten (10) working days prior to the date of the filming activity and sixteen (16) working days in advance for road closures. City staff will make its best efforts to expedite all complete permit applications. 5. Permit Fees. Charges and Deposits. The schedule of fees and deposits to be charged in connection with the issuance of a film permit can be obtained from the film permit officer. The permittee is responsible for payment of all permits and associated fees. 6. Insurance. If filming activity will be conducted on public property, a certificate of insurance shall be submitted to the film permit officer evidencing the following: 1) general liability with limits no less than $1,000,000; 2) auto liability with limits no less than $1,000,000; 3) workers' compensation coverage as required by law; and 4) an additional insurance certificate and letter of endorsement is required in the event of the use of airplanes or helicopters in the amount of $10,000,000. The general liability and auto liability policies shall name the city, its officers, employees, agents and volunteers as additional insured's to protect the city against any liability, or claims of liability related to or resulting from film production in the City. Such policy(ies) shall be provided by an insured permitted to do business in the State of California with an AM best rating of at least V:12. The certificate shall not be subject to cancellation or modification until after thirty (30) days written notice to the City. Such insurance shall be evidenced by the standard General Liability Special Endorsement Form mandated by the California Film Commission which will remain on file with the City's Risk Manager. 7. Special Effects. Stunts excessive Noise Lighting of Premises Helicopter Requirements and Approvals. In preparing for filming activity, consideration must be given to all neighbors or business owners who will be impacted. Production companies must ensure their activity does not negatively impact the community. Film shoots utilizing special effects, including but not limited to, excessive noise, lighting of premises, off -site lighting and helicopters must be approved by the film permit officer. "Excessive Noise" shall include any levels of sound above what is Page 25 of 30 CITY OF ,ham_ LADE �LSINOIZE DREAM EXTREME accepted as standard filming activities, sound amplifying equipment, live music, loud playback or set construction. Notwithstanding the above definition, the volume of sound shall be controlled so as not to be unreasonably loud, raucous, jarring, disturbing or a nuisance to an individual of reasonable sensitivity. Monitors may be assigned to ensure compliance. Special effects such as pyrotechnics, open flame, small explosives, or like materials, require a separate Special Effects Permit from the RC Fire Department. A licensed special effects pyrotechnics operator must be at the filming location where the special effects shall take place, and said operator shall be responsible for all use, storage and handling of special effects and pyrotechnics devices and materials. If helicopters are used in residential neighborhoods, the flight path shall be over vacant property where feasible. The FAA approved flight plan shall be on file with the film permit officer prior to the issuance of the film permit. 8. Notification of Filming Activity. Following issuance of a film permit, the permittee must notify residents within a 300 foot radius of the location of the proposed filming activity by distributing a fully completed designated City form or notice approved by the City Manager or City's designated officer; including the production company's contact telephone numbers, at least twenty -four (24) hours prior to the first day of filming activity. Residential notification is not required for still photographic productions with cast and crew of less than ten (10) people. 9. Traffic Control. Production companies must use off -duty Lake Elsinore Police /Sheriff Department personnel for film shoots requiring traffic control. The permittee is responsible for the costs of Police /Sheriff Department personnel required as a condition of the film permit. The following conditions apply: A. The permittee will furnish and install all advance warning signs and any other required traffic control devices in conformance with the California Manual on Uniform Traffic Control Devices for Streets and Highways. All appropriate safety precautions must be taken. B. Traffic cannot be detoured across a double centerline without prior approval from the City. C. Camera cars must drive with the flow of traffic and must not interfere with other vehicles on the road. Page 26 of 30 CITY OF , LADE C9?LSIN RE DREAM EXTREME D. Stationary cameras should be mounted off the roadway. If a stationary camera is to be located in the traffic lane, all necessary lane closures must be provided for and approved by the City. E. If a permittee wets the roadway for filming purposes, the filming company may not strike the set until the roadway is dry to the City's satisfaction. A professional lane closure company shall be hired to install the lane closure area for the wet - down and shall maintain said closure until the roadway is dry. "Wet Pavement' signs are required at either end of the wet -down. F. An Encroachment Permit will be required for all work within the city right -of -way including road closures. Lane and road closures must be conducted pursuant to the California Manual on Uniform Traffic Control Devices for Streets and Highways. G. Traffic may be restricted to one 12 -foot lane of traffic and /or stopped intermittently. The period of time that traffic may be restricted will be determined by the City, based on location and time of day. 10. Road and Parking Restrictions A. All fire lanes shall remain open at all times. No red curb markings or "No Parking" restriction may be violated. B. Access must be maintained to all private and public buildings. C. No parking within 25 feet of any driveway without written permission of the property owner. D. All support vehicles must be parked at least 300 feet from any curve. This includes all staff and crew parking. Sight distance shall be maintained. All vehicles to be parked completely off the roadway. E. All traffic control devices shall be clearly visible and located such that traffic will not back -up into blind curves. Intersection sight distance must be maintained. All warning signs must be placed at least 150 feet in advance of control points and parking areas. F. Posting of temporary "No Parking" signs shall be placed by and at the expense of the permittee. Signs must indicate the time and date that the sign is posted. Notice of parking restriction must be posted at least forty eight (48) hours in advance. Notices posted less than the required minimum of forty eight (48) hours in advance are not enforceable. The sign design and location must be approved by the City Engineer. G. All parking of crew cars, trucks, etc. must be in legal parking spaces. If sufficient parking is not available, the permittee shall provide shuttle service. H. No stairs for dressing rooms or portable restroom trailers are allowed within six (6) feet of the traveled roadway and all stairs to be parallel to the roadway. I. In order to assure the safety of citizens in the community and surrounding areas, access roads which serve as emergency service roads must never be blocked. Page 27 of 30 CITY OF LADE LLSIN IZE '�` DREAM EXTREME 11. City of Lake Elsinore Police /Sheriff Department. A. Lake Elsinore Police /Sheriff Department personnel are assigned to protect and preserve the health and safety of the community of Lake Elsinore and have the authority to enforce all film permits issued within the Lake Elsinore city limits. The Lake Elsinore Police /Sheriff Department is authorized to suspend a permit when filming activity is not authorized by the necessary permit or when permit conditions are violated or where the City's filming rules and regulations, laws or ordinances are violated. B. The minimum number of officers to be used to assist film production shall be determined by the Lake Elsinore Police /Sheriff Department and shall be based on such factors as location, type of activity, length of activity, etc. Officers will be selected from an off -duty employment roster and shall be paid in accordance with the schedule of fees and deposits to be charged in connection with the issuance of a film permit. The Lake Elsinore Police /Sheriff Department must be notified a minimum of twenty four (24) hours in advance of any cancellations. If such notice is not provided, the assigned officer(s) shall be paid a minimum of four (4) hours. 12. Riverside County Fire Department. A. Riverside County Fire Department personnel are assigned to protect and preserve the health and safety of the community of Lake Elsinore and have the authority to enforce all film permits issued within the Lake Elsinore city limits. The Riverside County Fire Department is authorized to suspend a permit when filming activity Is not authorized by the necessary permit or when permit conditions are violated or where the City's filming rules and regulations, laws or ordinances are violated. B. Coordination of services required and notices will be made to the Riverside County Fire Department by the Lake Elsinore film permit officer. Emergency and "after- hour" contacts will be provided to the Production Manager. C. The Riverside County Fire Department charges certain fees which may be obtained by the film permit officer or the Riverside County Fire Department. 13. Revocation of a Film Permit. A film permit may be revoked by the film permit officer for the following reasons: (1) Misrepresentation on the film permit application including but not limited to the type or manner of film production, the location of filming activity or the parameters or the need for stunts or special effects. Page 28 of 30 CITY OF LAKE�LJ LSI�IZE �` DREAM EXTREME (2) Any violations of the Lake Elsinore Municipal Code, State or Federal law, and /or the City's Administrative Rules and Regulations for Motion Pictures, Television and Photographic Production. (3) Any violation of the conditions imposed on the film permit. 14. Miscellaneous Requirements A. Any emergency roadwork or construction by City crews and /or private contractors under permit or contract to the City have priority over filming activities. B. The permittee must allow site inspection of the filming location by City staff at any time. C. No existing ordinances, regulations, policies and public safety operating procedures can be violated. D. There will be no interference with normal activities of any neighborhood, such as refuse collection, street sweeping, deliveries or ingress or egress to public or private property. E. The filming location and all surrounding areas, including the public right -of -way, must be cleaned each film day by the permittee. No litter shall remain upon completion of the filming. The permittee is responsible for the removal and proper disposal of all trash and recyclable material. The permittee may use only haulers holding a current City of Lake Elsinore hauler permit. The permittee will be liable for any costs incurred as a result of any additional cleaning of the filming location or surrounding property as a result of the film shoot. F. The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the clean -up of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site. G. A permittee is required to obtain the property owner's permission, consent, and /or release for use of property not owned or controlled by the City. H. When filming in a flood control channel, a permittee must vacate a channel when water releases. Please note that when filming in or on flood control properties, the appropriate agency, i.e. Army Corp. of Engineers, Riverside County Flood Control, must be named as an additional insured on the insurance certificate submitted to the film permit officer. I. The permittee must also obtain City's permission to string cable across sidewalks, or from generator to service points. J. In addition to any special conditions imposed by the film permit, the following restrictions shall apply to all filming activity: 1) Filming activities may occur in non - residential areas between the hours of 12:00 a.m. and 11:59 p.m., Monday Page 29 of 30 CETY OF „c,, LADE j'DqLSII`IOIZE DREAM EXTREME through Sunday; and 2) Filming activities may occur in residential areas from 6:00 a.m. to midnight, Monday through Sunday. K. No relocation, alteration, or moving of any structures will be permitted without prior approval from the film permit officer and the issuance of the applicable permits. L. Strike days are limited to a maximum crew of 15 people and are not counted as filming days providing no motion picture, television or photographic production activity occurs that day. If a strike crew exceeds 15 people, the day is considered a filming day. M. In residentially zoned areas, a property that is used for a filming location, film production parking or base camp (cast and crew staging and feeding area) shall be identified as a filming location on the film permit and subject to all administrative rules and regulations contained herein. N. Preparation (prep) days are limited to a maximum crew of 15 people and are not counted as filming days if they fall into this definition. If a prep crew exceeds 15 people, the day is considered a filming day. Page 30 of 30 Corrected Agenda Item No. 17 September 25, 2012 Council Mtg ORDINANCE NO. 2012 -1305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5 OF THE LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER 5.110 REGULATING MOTION PICTURES, TELEVISION AND PHOTOGRAPHIC PRODUCTION IN THE CITY WHEREAS, the City of Lake Elsinore is an ideal backdrop for television, commercial and film production due to its "Dream Extreme" lifestyle and climate for motion picture and television filming; WHEREAS, the "Uniform Film Permit Act' commencing with Section 14999.20 et seq. of the California Government Code encourages municipalities to adopt uniform permit procedures throughout the State; WHEREAS, the City wishes to adopt regulations for the issuance of motion picture and television film permits and to establish a more uniform process for the permitting of commercial film activities in the City; WHEREAS, as required by the Uniform Film Permit Act, the California Film Commission reviewed the City's proposed ordinance and provided comment which have been incorporated in this ordinance; WHEREAS, the City Council held a public meeting regarding the proposed amendment to the Lake Elsinore Municipal Code, reviewed the City staffs agenda report and received public testimony and documentary evidence provided prior to and at the public meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Municipal Code Amendment. Title 5 of the Lake Elsinore Municipal Code is hereby amended by adding Chapter 5.110 to read as follows: "Chapter 5.110" MOTION PICTURES, TELEVISION AND PHOTOGRAPHIC PRODUCTION 5.110.010 Purpose and Intent. This chapter is to establish administrative rules and regulations for the review and issuance of film permits for motion pictures, television and photographic production in the City. The intent of this chapter is to facilitate and regulate the time, place and manner of such filming activity while protecting the residents and property owners from the potential adverse impacts of filming activities. 5.110.020 Definitions. For purposes of this chapter, the following definitions shall apply: "Charitable films" shall mean commercials, motion pictures, television, videotapes, or still photography produced by a nonprofit organization which qualifies under Internal Revenue Code Section 501(c)(3) as a charitable organization, for which no person, directly or indirectly, receives a profit from the marketing, production or display of the work. "Film permit officer' means the Director of the Lake, Parks and Recreation Department or his /her designee. "Motion pictures, television, and still photography" shall mean all activity attendant to the staging or shooting of commercial motion pictures, television programs and commercials in any medium including film, tape or digital format. "News coverage" shall mean filming or videotaping by individuals in the employ of newspapers, news services, and similar entities of on- the -spot, current coverage of news events concerning persons, scenes and occurrences which are in the news and of general public interest. "Student films" shall mean motion pictures, television, and still photography produced as part of the instructional program of an accredited school or college. "Extraordinary Activity" shall mean an activity in which the applicant may request a waiver of the Lake Elsinore Municipal Code, exclusive use of public facilities, or requires additional supervision due to the nature of a scene. 5.110.030 Permit required. No person shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures, television, or still photography without first applying for and receiving a permit from the film permit officer. 5.110.040 Permit exemptions. A film permit shall not be required for any of the following activities, provided that the activity will not require the closure of a public street, or substantially impede vehicular traffic thereon: A. Films for private use. The filming or videotaping of motion pictures solely for private family use. B. News media. Reporters, photographers or cameramen in the employ of a newspaper, news service or similar entity engaged in on- the -spot broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest; and /or those who are filming videotaping for use in criminal investigations, civil proceedings, and emergencies such as fires, floods, police actions, etc. This exemption does not apply to magazines or documentary programs. 5.110.050 Authorization. The film permit officer is hereby authorized to impose reasonable conditions governing the form, time and location of any filming activity set forth within the City. He /She shall also provide for the issuance of permits. The conditions shall be based upon the following criteria: 1. The health and safety of all persons. 2. Mitigation or disruption to all persons within the affected area. 3. The safety of property within the City. 4. Traffic congestion at particular locations within the City. 5.110.060 Applications. Applications for a film permit must be filed with the film permit officer a minimum of five (5) working days in advance of the date the filming activity is to begin. If such activity interferes with traffic or involves stunts, special effects, or is deemed extraordinary, an application must be submitted at least ten (10) working days in advance and sixteen (16) working days in advance for road closures. No late applications will be processed by the City unless the film permit officer determines that special circumstances beyond the control of the applicant precluded its timely submittal and that sufficient time remains for processing. The applicant must keep a copy of the permit posted on -site in a conspicuous place at all times. 5.110.070 Permit approval or denial. The film permit officer shall approve, conditionally approve or deny the application within five (5) business days of receipt of the application unless the proposed filming activity requires extensive review by other City departments due to significant public health and welfare considerations or traffic safety. The film permit shall be approved by the film permit officer unless the film permit officer determines from consideration of the application or other pertinent information that any of the following conditions exist and cannot be corrected through the imposition of conditions on the permit: A. The filming activity will substantially disrupt the use of a street at a time when it is usually subject to high traffic volumes, or will interfere with the operation of emergency vehicles in the proposed permit area, or where the activity is substantially incompatible with nearby residential uses; B. The location of the filming activity will substantially interfere with street maintenance work or activities carried out pursuant to a previously authorized excavation permit; C. The proposed permit location will substantially interfere with other previously authorized activities, contractual obligations or safety of the public or persons participating in the filming activity while within the City; D. The proposed permit location is on City property and the filming activity will substantially interfere with municipal functions or the scheduled maintenance of City buildings or grounds; E. The filming activity creates a substantial risk of injury to persons or damage to property; F. The applicant has failed to complete the application after a determination by the film permit officer that the application is incomplete, or the information contained in the application is found to be false in any material detail; G. The filming activity would violate federal, state or local law including licensing or permit requirements; H. The permit applicant has a demonstrated record of noncompliance with permit conditions. 5.110.080 Fees. There is no charge for the Permit Application. Cost Recovery Fees will be charged to cover expenses to the City for personnel, equipment, venue fees and vehicle expenses incurred by the City to assist a film activity. The fees will reflect actual costs to the City. 5.110.090 Permit conditions. The film permit officer may condition the issuance of a film permit by imposing reasonable requirements concerning the time, place, manner and duration of filming activities. These conditions shall be listed on the film permit. Such conditions may include, but need not be limited to, the following: A. Requirements for the presence of City employees at the applicant's expense, when required for the particular filming activity; B. Requirements concerning posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors at the applicant's expense; C. Requirements concerning posting of the outer boundaries of the filming activity, and providing advance notice to affected property owners and businesses; D. Requirements concerning the cleanup and restoration of public streets and City property employed in the filming activity; E. Restrictions concerning the use of City employees, services, vehicles and equipment in the filming activity; F. Requirements that the applicant pay all fees, and obtain all permits and licenses required for the filming activity under local, state and federal law; G. Restriction on the use of firearms, explosions and other noise - creating or hazardous devices which disturb the peace; H. Restrictions on the use of stunts involving pyrotechnics, open flame, vehicle crashes or other hazardous materials; I. Requirements concerning cover up of police, fire and other official uniforms worn by actors, when the actors are not on set; J. Restrictions concerning the use of City logos, insignias, badges or decals for filming purposes; K. Restrictions on the daily hours the filming activity may be conducted within the City; L. Liability insurance and agreements indemnifying and holding harmless the City, its officers and employees. 5.110.100 Notification. It shall be the responsibility of the applicant to provide the following notification to affected persons: A. Written notification to include the date, time, location and nature of filming activity. B. Written authorization from all property owners on whose property filming will occur as part of the film permit application. C. If filming in residential areas is to occur between the hours of 10:00 p.m. and 6:00 a.m. notification to all residents within 300 feet shall be required on a designated City form or notice approved by the film permit officer. D. Filming activities that exceed two days, including preparation, shooting and strike, shall require notification to all residents and businesses within 300 feet on a designated City form or notice approved by the film permit officer. 5.110.140 Suspension and Revocation. The film permit officer may suspend or revoke a film permit issued pursuant to this chapter under any of the following circumstances: A. Where it is determined that the permittee violated or failed to comply with any of the applicable ordinances, resolutions or regulations of the City; B. Where it is determined that the permittee violated or has failed to comply with any of the terms or conditions of the film permit; C. Where it is determined that the film permit was granted pursuant to false or fraudulent information contained in the film permit application; D. Where it is subsequently determined that the filming activity will fail to meet the criteria enumerated in this chapter for granting a film permit; or E. Where it is determined that the preservation of the public health, safety and general welfare demand revocation for the permit. 5.110.150 Appeals. A. A permit applicant or permittee may appeal the denial, revocation or suspension of a permit, permit condition, insurance requirement, fee requirement, or the film permit office's decision not to waive a deadline set forth in this chapter. Such appeal shall be filed with the City Manager's office no later than five (5) business days after the date of the written notice of the decision. Failure to file a timely appeal shall result in a waiver to the right to appeal. The appeal shall be heard by the City Manager or City's designated officer. B. The City Manager or City's designated officer shall hold a hearing no later than five (5) business days after the filing of the appeal, and shall render his /her decision not later than two (2) business days after the appeal hearing. The decision of the City Manager may be appealed to the City Council at its next meeting. The decision of the City Council shall be final. Section 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. Section 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _ day of September, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _ day of 2012. BRIAN TISDALE, MAYOR CITY OF LAKE ELSINORE ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY