Note: Prior ordinance history: Ord. 245.
The city council of the city of La Cañada Flintridge
finds and declares that commercial filming, telecasting, and still
photography activity in the city provides unique and significant contributions
to the community. The purpose of this chapter is to create an environment
conducive to commercial filming, telecasting, and still photography
activity while also ensuring the health, safety, peace and welfare
of the community through the appropriate regulation.
(Ord. 430 § 1, 2015)
The following words, as used in this chapter, shall have the
respective meanings assigned to them in the following definitions:
means real property abutting any side of the site location
and real property directly across the street from the site location
within the property lines of the site location.
means all properties within a radius of 300 feet from the
site location. In no case shall this result in fewer than the three
most immediate properties on each side of the site location and the
properties to the front and rear of the site location property lines,
plus immediately abutting properties, being designated an affected
area.
means any person who completes and submits an application
for permit and/or the person on whose behalf an application is submitted.
means any and all actors, persons employed as on-site production
staff or technicians, and persons providing physical products, services,
and food to the production.
means the city of La Cañada Flintridge.
means the city council of the city.
means the city manager of the city, or designee.
means and includes all activity attendant to staging or shooting
motion pictures, television shows or programs for a commercial purpose
that is not a student academic project, charitable work, or public
service announcement for general consumption.
means and includes to make or produce with the intent to
promote, advertise, or solicit consumer consumption in order to derive
a profit or monetary advantages. Charitable purposes, academic uses,
or general public service announcements are not included.
means and includes all activity attendant to staging or shooting
still photographs to be used for a commercial purpose. Commercial
still photography does not include the staging or shooting of still
photographs for the sole benefit of private use.
means and includes all activity attendant to staging or shooting live radio broadcasts or television telecasts for a commercial purpose that are not exempt pursuant to Section 6.04.030(B).
means the city's director of administrative services, or
designee.
means the county of Los Angeles fire department.
means a production that:
means a production that:
means any production that takes place at a site location
where there has been 12 or more cumulative days of Level 1 productions,
Level 2 productions, and Level 3 productions in the then-current calendar
year.
means a written authorization by the director to conduct
a production.
means any individual, firm, partnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, business
trust, receiver, assignee for the benefit of creditors, trustee, trustee
in bankruptcy, syndicate, the United States, the state of California,
any county, city and county, municipality, district or other political
subdivision, or any other group combination acting as a unit.
means any commercial filming, commercial telecasting, and/or
commercial still photography and any activity related thereto, including,
but not limited to, parking and/or storage for said activity.
means a person who is the record owner, as shown on the Los
Angeles County assessor's latest secured real property assessment
roll or then current grant deed of record as shown in the Los Angeles
County recorder's office.
means the county of Los Angeles sheriff's department.
means the specific site or address where any production occurs,
and includes the entire lot or parcel on which such activity takes
place, unless otherwise determined by the director.
means any artificial visual and/or sound effects beyond the
range of standard photography, filming or recording, including, but
not limited to, audible gunfire, pyrotechnic explosions (e.g., mortars,
primacord, black powder, gasoline explosions), and the use of gas-powered
ritter fans to generate wind on the set, any of which can be heard
at the nearest adjacent property line. Non-audible activities, such
as the use of non-noisemaking prop guns or other devices, flame bars,
and rain bars are not included in this definition.
(Ord. 430 § 1, 2015)
A.
No person
shall engage in any production, or any other filming, live telecasting,
or still photography activity which would, in the reasonable judgment
of the city manager, constitute a hazard to the health, safety, peace
or welfare of the community.
B.
No person shall use any public or private property, facility or residence within the city for the purposes of production without first obtaining a permit from the director as set forth in Sections 6.04.040 through 6.04.060, as applicable, except as follows:
1.
Current
News. The provisions of this chapter shall not apply to or affect
reporters, photographers or camera operators in the employ of a newspaper,
internet uses, news service, radio or television broadcasting station,
or similar entity engaged in on-the-spot broadcasting of news events
concerning those persons, scenes or occurrences which are in the current
news and of general public interest.
2.
Academic
Purpose. No application fees or permit fees shall be required for
any motion picture, radio, television production and/or still photography
activity which is found by the director to be conducted or carried
on wholly for an academic purpose. However, submittal of an application
for permit and a permit shall be required.
3.
Charitable
Purpose. The provisions of this chapter shall not apply to any production
intended for the advancement of athletic, educational, literary, public
comfort, health, and safety, poverty reduction, religion, scientific
knowledge, and other such objectives without seeking private benefit
or profit. Submittal of an application for permit and a permit shall
be required.
4.
Public
Agency Production. The provisions of this chapter shall not apply
to any public agency production including, but not limited to, public
service announcements.
C.
No person
shall engage in any production between the hours of twelve a.m. and
six a.m. on any day.
(Ord. 430 § 1, 2015)
A.
Application.
1.
An
applicant shall submit a completed application to the director. The
application shall be on a form approved by the director and may require
the following information:
a.
The names, addresses, telephone numbers, and signatures of the applicant(s)
or, if the applicant is an organization, of its responsible officer(s);
b.
The site location;
c.
The number of cast and crew to be involved in the site location;
d.
The inclusive hours and dates that the proposed production will take
place;
e.
The name and telephone number of the responsible person for the site
location;
f.
Proof that the responsible person for the site location has approved
the proposed production on his or her property if he or she is not
the applicant;
g.
The telephone numbers of the site location and main office of the
applicant;
h.
A statement of the character or nature of the proposed activity specific
enough so that the director can determine the potential effect and/or
impact on the properties within the affected area;
i.
The name, address and telephone number of the person who will be
in charge of the activity and be responsible for the activity;
j.
A statement as to whether special effects and/or artificial lighting
will be used;
k.
A statement as to whether the public right-of-way will be used, in
what manner, frequency, and over what period of time;
l.
The food servicing arrangements;
m.
The amount and type of equipment, including type(s) of vehicles,
to be involved;
n.
An activity impact mitigation plan (AIMP) which shall identify efforts
which will be undertaken to mitigate potentially negative impacts
to the affected area as a result of the proposed activity; and
o.
A certificate of insurance from a carrier approved by the director
and in the types and amounts set forth in Section 6.04.070(A)(3).
2.
Where
a production will involve the use of more than one property, the applicant
shall process separate applications to obtain a permit for each property.
3.
The city manager may require additional information in the standard application in accordance with a promulgated rule or regulation as provided in Section 6.04.080.
4.
The
city's mere receipt of an application shall not deem the application
as complete.
(Ord. 430 § 1, 2015)
A.
Time
Period for Submittal of Application.
1.
An
applicant shall submit a completed application for a Level 1 production
to the director not later than twelve p.m. on the fifth business day
prior to the date upon which the production is set to begin.
B.
Neighborhood
Notification of Application Submittal.
1.
Not
later than the fourth business day prior to the date upon which the
production is set to begin, the city, or its designee, shall mail
written notice of the application submittal to properties in the affected
area. The cost of generating the mailing list and actual mailing by
the city, or its designee, shall be paid by the applicant and shall
be included in the application fee, as set forth in Section 6.04.040(A)(4).
2.
Mailing
shall be by first-class mail.
3.
The
written notice of application submittal shall include the following
information:
C.
Approval
or Denial of Application for Permit.
1.
The
director shall approve the application and cause a permit to be issued
at any time after twelve p.m. on the day prior to the date upon which
the production is set to begin if the following criteria are satisfied:
a.
The director can make each of the following findings:
i.
The applicant has complied with the provisions of this chapter and any applicable rules and regulations provided in Section 6.04.080; and
ii.
The proposed activity or use of property will not unreasonably interfere
with traffic circulation in the area; and
iii.
The proposed activity and use will not be detrimental to the health,
safety, peace or welfare of the community; and
iv.
The proposed activity or use will not entail extraordinary or burdensome
expense to the emergency services of the city.
b.
The director has received insufficient protests as follows:
i.
The director has received written and/or verbal protests from less
than 51% of properties in the affected area by twelve p.m. on the
day prior to the date upon which the production is set to begin.
ii.
For purposes of this subsection (C)(1)(b), no more than one signature
per property shall be accepted. The signature of an adult occupant
shall be acceptable.
iii.
In lieu of submitting a protest, an adult occupant may indicate consent
or objection to all productions within 300 feet of his or her property
anticipated within a calendar year by executing and submitting a protest
form which shall be prepared and maintained by the director and shall
be available in the office of the director and on the city's website.
An executed protest form shall constitute a protest for each production
in that calendar year for purposes of subsection (C)(1)(b)(i).
c.
The applicant has submitted any and all documentation necessary for
issuance of a permit.
2.
The permit shall be subject to the requirements of Section 6.04.070(A).
3.
The director may impose reasonable conditions of approval on the issuance of a permit, as set forth in Section 6.04.070(B).
4.
The
director shall deny the application if the criteria in subsection
(C)(1) is not satisfied.
D.
Obtaining
the Permit and Notice of Permit Issuance.
1.
Upon
notification that the director can issue the permit in accordance
with subsection (C)(1), the applicant shall:
a.
Pay the application fee and a permit fee to off-set city costs with
respect to ensuring compliance with the permit's conditions of approval.
Said fees shall be established by resolution of the city council and
may be amended from time to time; and
b.
Obtain the permit prior to conducting the production.
E.
Any
applicant who is issued a permit for a Level 1 production, but is
found to have engaged in a Level 2 production or a Level 3 production,
shall be in violation of this code as set forth in Section 6.04.130(A)(7).
(Ord. 430 § 1, 2015)
A.
Neighborhood
Notification of Application Submittal.
1.
The
following requirements shall apply to both Level 2 productions and
Level 3 productions.
2.
Following
submittal of the application, the director shall mail written notice
of the application submittal to properties in the affected area based
on the following requirements. The notice shall be mailed by first-class
mail and shall contain the information set forth in Section 6.04.050(B)(3).
B.
Signatures
Requirements.
1.
The
applicant shall obtain signatures to consent to the production as
follows:
2.
For
purposes of subsection (B)(1):
3.
In
lieu of providing signatures as required in subsection (B)(1), an
adult occupant may indicate consent or objection to all productions
within 300 feet of his or her property anticipated within a calendar
year by executing and submitting an approval/disapproval form which
shall be prepared and maintained by the director and shall be available
in the office of the director and on the city's website. An executed
approval/disapproval form shall constitute a signature of approval
or disapproval for the production for purposes of subsection (B)(1).
C.
Approval
or Denial of Application for Permit.
1.
The
director shall approve the application and cause a permit to be issued
if the following criteria are satisfied:
a.
The director can make the findings set forth in Section 6.04.050(C)(1)(a);
and
b.
There has been no production activity at the site location for a
minimum of 15 days prior to the first day of production activity for
which the permit will be issued; however, this criterion shall not
be required if the site location is solely used for parking in conjunction
with an approved production; and
c.
The applicant has submitted any and all documentation necessary for
issuance of a permit; and
d.
The applicant has submitted the necessary signatures as set forth
in subsection (B)(1), which have been verified by the director.
2.
A
permit for a Level 2 production or Level 3 production shall be limited
to six days. Production under a permit must be completed within 14
days, excluding Sundays, after production begins.
3.
The permit shall be subject to the requirements of Section 6.04.070(A).
4.
The director may impose reasonable conditions of approval on the issuance of a permit, as set forth in Section 6.04.070(B).
5.
The
director shall deny the application if the criteria in subsection
(C)(1) is not satisfied.
D.
Obtaining
the Permit and Notice of Permit Issuance.
1.
Upon
notification that the director can issue the permit in accordance
with subsection (C)(1), the applicant shall:
a.
Pay the application fee, a permit fee to off-set city costs with
respect to ensuring compliance with the permit's conditions of approval,
and a public right-of-way fee, if applicable. Said fee shall be adopted
by resolution of the city council and may be amended from time to
time; and
b.
Obtain the permit prior to conducting the production.
(Ord. 430 § 1, 2015)
A.
Each
permit issued by the director shall be subject to the following limitations
and/or requirements:
1.
Production
shall not be permitted on Sundays or major holidays.
2.
Level
1 productions shall only be permitted during the hours of seven a.m.
to nine p.m. Level 2 productions and Level 3 productions may also
take place during the hours of six a.m. to seven a.m. and/or nine
p.m. to twelve a.m.
3.
An
applicant shall be required to maintain insurance during the permitted
production as follows:
a.
Applicant is to maintain in full force and effect general liability
and automobile liability insurance each in the amounts not less than
one million dollars ($1,000,000.00) per occurrence for bodily injury
and property damage, with a combined aggregate of two million dollars
($2,000,000.00). During any activity which includes chase scenes,
special effects, stunts or activities involving aircraft, not less
than two million dollars ($2,000,000.00) per occurrence for bodily
injury and property damage insurance shall be required.
b.
Applicant shall maintain workers' compensation insurance as required
by the California Labor Code.
c.
All insurance policies will name, by endorsement, the city as an
additional insured to the extent of the liability assumed by applicant,
and protect the city against any legal costs in defending claims.
d.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided or canceled except
after 30 days' written notice by certified mail has been given to
the city.
e.
Original endorsements and certificates of insurance in a form acceptable
to the city, effecting coverage required by this chapter, shall be
kept on file with the city during the entire term of the permit.
4.
As
an alternative, or in addition, to the requirement of subsection (A)(3),
the director may require, as a condition of issuing such a permit,
that the applicant furnish a bond, security deposit, irrevocable letter
of credit, or other performance guarantee acceptable to the city to
protect the city against claims of third persons for personal injury,
wrongful death and property damage.
5.
If
generator use is required, only shielded type generators shall be
used at all times and shall not emit more than 65 db as measured from
the nearest property line.
6.
Noise
generated as a result of the permitted production, excluding special
effects, shall not exceed 65 db as measured at the nearest property
line from the site of the activity. Under no circumstances shall the
use of bullhorns be permitted.
7.
Street
closures shall be permitted up to three minutes per closure with a
maximum of ten closures per hour, unless otherwise permitted by the
director as an allowance under the permit.
8.
Upon
the request of the applicant, the director shall have the authority,
upon showing of good cause, to change the date for which a permit
has been issued. In such case, the director may impose additional
conditions of approval, including, but not limited to, requiring the
city, or its designee, to provide new neighborhood notification at
the cost of the applicant.
B.
In accordance
with Sections 6.04.050(C)(3) and 6.04.060(C)(4), as applicable, the
director may impose conditions of approval upon any permit as he or
she deems reasonable in order to mitigate disruption to the health,
safety, peace or welfare of the community and, specifically, occupants
of surrounding properties. Said conditions may include, but are not
limited to, the following:
1.
Requirement
to obtain a permit from the fire department or sheriff's department.
2.
Hours
and date restrictions of the approved production.
3.
The
applicant shall defend, indemnify, release and hold harmless the city,
its city council, boards, commissions, officers, and employees from
and against any and all claims, demands, obligations, damages, actions,
causes of action, suits, losses, judgments, fines, penalties, liabilities,
and costs and expenses (including without limitation, attorneys' fees,
disbursements and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly)
to the permitted activities. This indemnification shall include, but
not be limited to, damages awarded against the city, if any, costs
of suit, attorneys' fees, and other expenses incurred in connection
with such claim, action or proceeding whether incurred by the applicant,
city and/or the parties initiating or bringing such proceeding.
4.
In
order to mitigate any traffic, circulation, and/or parking impacts
caused by the production, the director may establish parking restrictions
in the affected public right-of-way including, but not limited to,
limiting parking in public right-of-way up to 600 lineal feet from
the site location, if practicable, requiring parking on one side of
the street, and requiring that all individuals involved in the production
park off-site.
5.
Applicant
shall pay a fee for use of the public right-of-way or use of city
property if either will be used for the production. Said fees shall
be adopted by resolution of the city council as may be amended from
time to time.
6.
When
any traffic or crowd control services are required as a result of
activities conducted pursuant to a permit, such services shall be
performed by the sheriff's department and paid for by the applicant.
Such services shall include, but not be limited to, a flagger who
directs street traffic during production activity.
(Ord. 430 § 1, 2015)
The city manager is authorized and directed to promulgate rules
and regulations governing activity subject to this chapter. The rules
and regulations shall be consistent with this chapter and shall be
based upon the following criteria:
A.
The
health, safety, peace and welfare of the community;
B.
Avoidance
of disruption of normal activities of all persons within the affected
area;
C.
Mitigation
of traffic, parking and environmental impacts; and
D.
Implementation
of proper and appropriate notification.
(Ord. 430 § 1, 2015)
A.
The
following restrictions shall not apply where the director determines
that the subject property, or the combination of contiguous parcels
owned by the same property owner, exceeds, in total, 100 acres in
size, and the site location of the activity, excluding parking, is
at least 300 feet removed from the closest adjoining residence:
1.
The
restrictions on production during Sundays and holidays, as set forth
in Section 6.04.070(A)(1);
2.
The
hours restrictions for a production set forth in Section 6.04.070(A)(2);
3.
The signature requirements for Level 2 productions and Level 3 productions, as set forth in Section 6.04.060(B);
4.
The hours prohibition of Section 6.04.030(C).
(Ord. 430 § 1, 2015)
A.
Any
fees referenced in this chapter, including, but not limited to, the
application fee, permit fee, use of the public right-of-way fee, and
appeal fee, shall be adopted by resolution of the city council, as
may be amended from time to time.
B.
Refund
of Fees. An applicant shall be entitled to a refund of 66% of the
public right-of-way fee provided the applicant notifies the city of
a canceled production by three p.m. of the last working day prior
to the day of the production. One hundred percent of permit fees are
eligible for refund provided the applicant notifies the city of a
canceled production by three p.m. of the last working day prior to
the day of the production.
(Ord. 430 § 1, 2015)
Applicants for a permit shall be exempted from obtaining a business
license.
(Ord. 430 § 1, 2015)
A.
Decision
of Director. Any person aggrieved by the decision of the director,
be it in the imposition of conditions, rules or regulations, the issuance
or denial of a permit, or the suspension or revocation of the same,
may appeal that decision to the city manager by submitting a written
request with the city manager within three working days of the decision
along with any appeal fees. Following a review and consideration de
novo, and without any public hearing, the city manager may affirm,
reverse or modify the decision by the director. The city manager shall
render a decision within three working days following receipt of the
appeal.
B.
Decision
of City Manager. The decision of the city manager shall be final.
C.
The
city manager shall have the authority to waive any or all provisions
of this chapter and any rules or regulations promulgated by the director
where it is found that the interests of the health, safety, peace
and welfare of the community would be so benefited.
(Ord. 430 § 1, 2015)
A.
The
following actions are prohibited and are violations of this code:
1.
Conducting
any production without a permit.
2.
Failing
to comply with any conditions of a permit.
3.
Failing
to comply with any rules and regulations promulgated by the director.
4.
Falsification
of any information in an application for permit.
5.
Conducting
any production during prohibited hours and/or on prohibited days.
6.
Engaging
in any production, or any other filming, live telecasting, or still
photography activity which would, in the judgment of the city, constitute
a hazard to the health, safety, peace and welfare of the community.
7.
Conducting
a Level 2 production or Level 3 production when a permit for a Level
1 production was issued for that production.
8.
Conducting
a Level 3 production when a permit for a Level 2 production was issued
for that production.
C.
In addition to the penalties imposed in subsection B, any person who conducts any production without a permit shall be levied a penalty fee of 300% of all fees which would have otherwise been required.
D.
In addition to the penalties imposed in subsections B and C, the director may also suspend or revoke the permit. Said suspension or revocation shall be subject to notice and hearing before the city manager. Notice of the hearing shall be provided not later than seven business days before the hearing date, unless otherwise agreed to in writing by the city manager and the holder of the permit. The decision of the city manager shall be final.
(Ord. 430 § 1, 2015)
