HomeMy WebLinkAbout04 - Film Ordinance AmendmentsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
September 8, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Dennis C. Danner, Administrative Services Director
(949) 644 -3123 or DDanneroNewportBeachCA.gov
Glen Everroad, Revenue Manager
(949) 644 -3144 or GEverroad0NewportBeachCA.gov
SUBJECT: Film Ordinance Amendments to Codify Film Liaison Position,
Require Permits for Commercial Filming at Private Residential
Property, and Amending Appeal Provisions
ISSUE:
Should the Film Ordinance be updated to reflect current practice?
RECOMMENDATION:
Staff recommends the City Council introduce the attached proposed ordinance
updating Chapter 5.46, regulating commercial film production, and pass to
second reading.
DISCUSSION:
Background:
The City has regulated commercial film production since 1968 and amended the
ordinance once in 1986. The Film Ordinance (Chapter 5.46) requires a permit for
commercial film production on public property and requires applications for permits
to be submitted fourteen days prior to the desired production date. Amateur
photographers and news related production efforts are exempted from the permit
requirement. Chapter 5.46 does not require a permit for commercial filming on
private property and Zoning Code (Section 20.05.050) provides that up to 25 days
of production may occur on private property annually before the conduct is
considered commercial. The current ordinance requires a fee to defray the City s
cost in processing the application and that the applicant pay for any additional City
services provided to the production.
Film Ordinance Amendments
September 8, 2009
Page 2
In 1986, the City created Orange County s first Film Liaison (Joe Cleary) to
facilitate the processing of applications and monitor compliance with permit
conditions at commercial film productions. The Film Liaison responds to
production requests, confers with City staff in the conditioning of film permits and
coordinates productions with affected areas of the community. Commercial film
permit applicants may apply directly to the Film Liaison, or may file an application
with the Revenue Division. While the application fee is the same, there are distinct
advantages in applying to the Film Liaison. With over forty years of film production
experience, Joe Cleary understands the production industry's needs and
operations, and is able to process permit requests substantially quicker than the
fourteen day lead time required by the ordinance. As a lifetime resident of the City,
Joe understands the nuances of the community and is extremely protective of the
quality of life in Newport Beach. This combination of film liaison qualifications has
proven very effective in making Newport Beach the backdrop for more commercial
film productions than any other Orange County city, handling over 100 permit
requests and permitting nearly 150 film days each year. The proposed changes to
Chapter 5.46 would define and codify the film liaison position.
Many Newport Beach property owners offer their homes for film productions,
typically television commercials and infomercials. These productions often have
parking, noise and traffic impacts on the neighborhoods in which they occur. Most
city ordinances and the California Film Commission's model film ordinance require
permits for commercial film production on private property, while Chapter 5.46
does not. Production companies routinely request pen-nits for private property
filming and the film liaison accommodates those requests in order to mitigate
potential problems. The proposed changes to Chapter 5.46 would clarify that film
permits are required for commercial film production at private residential
properties. Zoning Code (Section 20.15.020) requires a Use Permit for
commercial filming in commercial districts and no application of Chapter 5.46
requirements is proposed.
Chapter 5.46 currently exempts amateur photographers, as well as a variety of
efforts related to news collection and broadcasting for commercial entities. The
proposed amendments, while retaining the exemption for amateur photographers,
clarifies the news reporting exemption for constitutionally protected filming
activities.
The appeal provisions of Chapter 5.46 establish the right to appeal to the City
Council the City Manager's decision to approve or deny an application. The
proposed revisions would establish appeal rights of the Film Liaison decision to the
City Manager and provide for a City Council Member's right to appeal the decision
of the City Manager.
D Reduce exposure of the City to personal iniury and /or property damage claims
and litigation;
E. Protect the public's right to collect gather and distribute information;
F. Streamline the film permit process and facilitate issuance of a permit for
commercial film production; and
G. Ensure the public health, safety and welfare.
5.46.005 Definitions.
For the purposes of this chapter certain words are defined as follows.
A. "Film Liaison" means an individual employed by or retained by the City of
Newport Beach whose primary responsibility is to oversee coordinate and /or
manage the permit process required by this chapter and the activities allowed by
permits granted under this chapter.
B. "Joumalistic Activity" means the staging, shooting making, capturing, taking or
recording of images for non - commercial First Amendment protected purposes
such as activities conducted by a newspaper reporter in the scope of their
employment.
C "Student Film" means the staging, shooting making capturing taking or
recording of images for purposes resulting from enrollment in or in connection
with high school junior college college university, specialty education institution
such as trade schools film schools or art schools or any other educational
program.
5.46.010 Permit Required.
No person shall use any residentially zoned property, public property or facility for
the purpose of staging, shooting making capturing taking or recording of images for any
commercial or business purpose without first
applying for and receiving a permit therefo from the City Manager, Film Liaison or City
Manager's or his or -heF. _ ,
5.46.020 Exceptions.
The provisions of this chapter shall not apply to amateur photographers or any
person involved cameramen in Journalistic Activities. the
station, television st tien
OF SiMila on the spot breadGasting, repeFting or photographing
-f news GGnGerning those pemens, scenes or- 9GGurrenc-:es whinh are in the news or
of a general publiG interest (Ord. 1262 § 1 (part), 1968)
2
5.46.030 Application for Permit
A. Application Filing Deadline: Any person desiring to use any residentially
zoned property, public property or facility for the purpose of staging, shooting,
making, capturing, taking or recording of images for any commercial or business
purpose shall, not less than fourteen (14)
days before the date on which such person desires to conduct such activity, file
an application for a permit with the City Manager or the Film Liaison, on a form
furnished by the City._ The City Manager or the Film Liaison may in his /her
discretion waive the requirement that applications be filed fourteen (14) days
prior to the date on which the activity is to be conducted.
B. Application Contents: —The application shall be verified and shall set forth the
following information;
1.— A. The name, address and telephone number of the person wishing to
conduct such activity.
2.— B. The name, address and telephone number of the person who will
be in charge of the activity and be responsible for its conduct.
3. -- G. The date or dates and hours when such activity is to be conducted.
4.— D. The approximate time when such activity will begin and end.
5.1 E. The location or locations within the City where such activity will take
place.
6.R The approximate number of persons who will engage in such
activity.
7.— G . A list of major equipment to be used, including but not limited to
trucks, buses, limousines and cameras.
B. --H A general statement of the character or nature of the proposed
activity.
C. Application and Permit Fees. EachSald application except applications for a
student film, shall be accompanied by an application fee as established by
resolution of the City Council. _Applicants who maintain a e-of
GOntiR,._.. ?n *win said pace of business, b t 4':e;—shall be required to file an
application for each separate filming activity If said permit is approved, it shall not
be necessary for the permittee to obtain a City business license ifl-erdeFto cant'
on the activities authorized by said permit, unless such permittee maintains a
permanent place of business within the City._ The permittee except those
Producing student films, shall pay to the City a p9rmafe s. _.,:_bfi ` ed b
permanent place Gf business within the City shall pay a fee as established by
resolution of the City Council for each day or portion of a day during which such
Film Ordinance Amendments
September 8, 2009
Page 3
Environmental Review:
This project has be analyzed under the requirements of the California
Environmental Quality Act and determined to not be a project under CEQA.
Public Notice:'
The agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item).
Prepared by:
<V"—J
GI . goad,
Revenue Manager
Attachments: Proposed Ordinance
Submitted by:
Dennis C. Danner
Administrative Services Director
ORDINANCE NO 2008-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING AND REPLACING IN
ITS ENTIRETY CHAPTER 5.46 OF TITLE 5 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
REGULATION OF COMMERCIAL FILM PRODUCTION
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Chapter 5.46 of Title 5 of the Newport Beach Municipal Code is
hereby replaced in its entirety and is amended to read as follows:
Chapter 5.46 REGULATION OF COMMERCIAL FILM PRODUCTION
5.46.001 Purpose and Intent
5.46.005 Definitions
5.46.010 Permit Required
5.46.020 Exceptions
5.46.030 Application for Permit
5.46.040 Issuance of Permit
5.46.045 Conditions of Approval
5.46.050 Notice of Approval or Disapproval
5.46.060 Appeal
5.46.070 Cost of Additional City Services
5.46.080 Bond and Insurance
5.46.001 Purpose and Intent.
The City Council of the City of Newport Beach finds and declares that commercial film
production in the City and surrounding region provides unique and significant
contributions to the economy in the areas of hotels, restaurants, catered food, leases of
equipment and property, transportation and wages and salaries. The purpose and
intent of this chapter is to create an environment conducive to the production of
commercial film and ensure the public health, safety and welfare through the regulation
of commercial film production so as to:
A. Provide for pedestrian and driving safety and convenience;
B. Prevent unreasonable interference with the flow of pedestrian or vehicle traffic,
including ingress to or egress from, any residence or place of business, or from
the street to the sidewalk, by persons exiting or entering parked or standing
vehicles;
C. Maintain and protect the value of surrounding properties;
1
D. Reduce exposure of the City to personal injury and/or property damage, claims
and litigation;
E. Protect the public's right to collect, gather and distribute information;
F. Streamline the film permit process and facilitate issuance of a permit for
commercial film production; and
G. Ensure the public health, safety and welfare.
5.46.005 Definitions.
For the purposes of this chapter certain words are defined as follows.
A. "Film Liaison" means an individual employed by or retained by the City of
Newport Beach whose primary responsibility is to oversee, coordinate and /or
manage the permit process required by this chapter and the activities allowed by
permits granted under this chapter.
B. "Journalistic Activity" means the staging, shooting, making, capturing, taking or
recording of images for non - commercial First Amendment protected purposes
such as activities conducted by a newspaper reporter in the scope of their
employment.
C. "Student Film" means the staging, shooting, making, capturing, taking or
recording of images for purposes resulting from enrollment in or in connection
with high school, junior college, college, university, specialty education institution
such as trade schools, film schools or art schools or any other educational
program.
5.46.010 Permit Required.
No person shall use any property zoned or utilized for a residential use, public property or
public facility for the purpose of staging, shooting, making, capturing, taking or recording of
images for any commercial or business purpose without first applying for and receiving a
permit from the City Manager or Film Liaison.
5.46.020 Exceptions.
The provisions of this chapter shall not apply to amateur photographers or any person
involved in Journalistic Activities.
5.46.030 Application for Permit
A. Application Filing Deadline. Any person desiring to use any residentially zoned
property, public property or facility for the purpose of staging, shooting, making,
2
capturing, taking or recording of images for any commercial or business purpose
shall, not less than fourteen (14) days before the date on which such person
desires to conduct such activity, file an application for a permit with the City
Manager or the Film Liaison, on a form furnished by the City. The City Manager
or the Film Liaison may in his/her discretion waive the requirement that
applications be filed fourteen (14) days prior to the date on which the activity is to
be conducted.
B. Application Contents. The application shall be verified and shall contain any
information or documents requested by the City Manager or Film Liaison as well
as the following information:
1. The name, address and telephone number of the person wishing to
conduct such activity.
2. The name, address and telephone number of the person who will be in
charge of the activity and be responsible for its conduct.
3. The date or dates and hours when such activity is to be conducted.
4. The approximate time when such activity will begin and end.
5. The location or locations within the City where such activity will take place.
6. The approximate number of persons who will engage in such activity.
7. A list of major equipment to be used, including but not limited to trucks,
buses, limousines and cameras.
8. A general statement of the character or nature of the proposed activity.
C. Application and Permit Fees. Each application, except applications for a student
film, shall be accompanied by an application fee as established by resolution of the
City Council. Applicants shall be required to file an application for each separate
filming activity. If said permit is approved, it shall not be necessary for the permittee
to obtain a City business license to cany on the activities authorized by said permit,
unless such permittee maintains a permanent place of business within the City.
The permittee, except those producing student films, shall pay to the City a permit
fee as established by resolution of the City Council for each day or portion of a day
during which such activities are conducted.
Section 5.46.040 Issuance of Permit.
The City Manager or the Film Liaison shall issue a permit, with appropriate conditions,
as provided for herein when, from a consideration of the application and from such other
information as may otherwise be obtained, he /she finds based on all of the relevant
information that:
A. The conduct of such activity will not unduly interfere with traffic or pedestrian
movement, or tend to interfere with or endanger the public peace or rights of
nearby residents to the quiet, peaceable and unmolested enjoyment of their
property, or otherwise be detrimental to the public peace, health, safety or
general welfare.
3
B. The conduct of such activity will not unduly interfere with normal governmental or
City operations, threaten to result in damage or detriment to public property, or
result in the City incurring costs or expenditures in either money or personnel not
reimbursed in advance by the applicant.
C. The conduct of such activity will not constitute a fire hazard, and all proper safety
precautions will be taken.
D. The conduct of such activity will not require the diversion of so great number of
police officers of the City to properly police the area of such activity as to interfere
with normal police protection for other areas of the City.
Section 5.46.045 Conditions of Approval.
The City Manager or the Film Liaison shall have the authority to impose. any special
permit conditions determined to be necessary to protect the public health, safety and
welfare. If approved, the permit shall contain the following standard conditions:
A. The permittee 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, costs and expenses
(including without limitation, attorney's 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 permittee, City, and /or the parties
initiating or bringing such proceeding.
B. The permittee shall at its own cost and expense, comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
C. The permit shall not be transferred to any other person or entity.
D. The permittee shall place on deposit with the City the estimated costs to be
incurred by the City related to the activities conducted under the permit and the
permittee shall reimburse the City for any additional costs incurred by the City
within ten (10) days of receiving notice from the City of any additional costs.
Section 5.46.050 Notice of Approval or Disapproval.
The City Manager or the Film Liaison shall act upon the application within ten (10) days
after the filing thereof and shall at such time mail to the applicant a notice of his action.
N
If the application is disapproved, said notice shall state the reasons for such
disapproval.
Section 5.46.060 Appeal.
A. Decision of Film Liaison. Any Council Member or other person aggrieved by the
decision of the Film Liaison shall have the right to appeal the approval or
disapproval of the application to the City Manager within five (5) calendar days
after notice of the decision of the Film Liaison is mailed. The City Manager shall
review the application de novo and shall render a decision within fourteen (14)
days.
B. Decision of City Manager. Any Council Member or other person aggrieved by the
City Manager's decision shall have the right to appeal the approval or disapproval
of the application to the City Council within five (5) calendar days after notice of
the decision is mailed. The City Council shall review the application de novo and
act upon the appeal within sixty (60) days after the filing thereof. Any Council
Member shall have the right to appeal the decision of the City Manager.
C. Council Member Appeal. Any appeal filed by a City Council Member in
accordance with this section shall be considered a call for review and the Council
Member shall not be considered an aggrieved person.
Section 5.46.070 Cost of Additional City Services.
A. The fully loaded hourly cost of City staff and /or Film Liaison time used to review
and /or process an application for a permit, shall be charged to the pennittee.
B. If deemed necessary by the City Manager or the Film Liaison, additional police,
fire and other City services shall be provided for the purpose of protecting,
assisting and regulating the proposed activity. The cost of providing such
additional services shall be paid to the City by the applicant.
Section 5.46.080 Bond and Insurance.
The City Manager or the Film Liaison may require, as a condition of issuing such a
permit, that the applicant furnish a bond, insurance or both to protect the City against
claims of third persons for personal injury, wrongful death and property damage and to
indemnify the City for damage to City property arising out of the pennittee's activities.
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
5
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held. on the day of , 2009, and
adopted on the day of 2009, by the following vote, to wit:
MA
ATTEST:
By
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEM
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By �1/� C,
DAVID R. HUNT, CITY ATTORNEY
9
ORDINANCE NO 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
ACH AMENDING AND REPLACING IN ITS ENTIRETY CHAPTER 5.46 OF TIT
TO chapter 5.46
REGULATION OF COMMERCIAL FILM PRODUCTION
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Sections:
Chapter 5.46 of Title 5 of the Newport Beach Municipal Code is hereby replaced in its
entirety and is amended to read as follows:
Chapter 5.46 REGULATION OF COMMERCIAL FILM PRODUCTION
5.46.001
Purpose and Intent
5.46.005
Definitions
5.46.010
Permit Required:
5.46.020
—Exceptions. -
5.46.030
— Application for Permit:
5.46.040
— Issuance of Permit-.
5.46.045
Conditions of Approval
5.46.050
Notice of Approval or Disapproval. -
5.46.060
Appeal-.
5.46.070
—Cost of Additional City Services. -
5.46.080
—Bond and Insurance.
5.46.001 Purpose and Intent.
The City Council of the City of Newport Beach finds and declares that commercial film
production in the City and surrounding region provides unique and significant
contributions to the economy in the areas of hotels restaurants catered food leases of
equipment and property, transportation and wages and salaries The purpose and
intent of this chapter is to create an environment conducive to the production of
commercial film and ensure the public health safety and welfare through the regulation
of commercial film production so as to:
A. Provide for pedestrian and driving safety and convenience:
B. Prevent unreasonable interference with the flow of pedestrian or vehicle traffic
including ingress to or egress from any residence or place of business or from
the street to the sidewalk by persons exiting or entering parked or standing
vehicles:
C. To maintain and protect the value of surrounding properties
activities are conducted. �n�,a- �.�-- ��9';�:z, �07�_ n.,a• 1678 § •f 1976: n.d• e277
•
Section 5.46.040 Issuance of Permit.
The City Manager or the Film Liaison shall issue a permit as provided for herein
when, from a consideration of the applicant and from such other information as may
otherwise be obtained, he /she finds based on all of the relevant information finds that:
A. The conduct of such activity will not unduly interfere with traffic or
pedestrian movement, or tend to interfere with or endanger the public peace or
rights of nearby residents to the quiet, peaceable and unmolested enjoyment of
their property, or otherwise be detrimental to the public peace, health, safety or
general welfare.
B. The conduct of such activity will not unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment to
public property, or result in the City incurring costs or expenditures in either
money or personnel not reimbursed in advance by the applicant.
C. The conduct of such activity will not constitute a fire hazard, and all proper
safety precautions will be taken.
D. The conduct of such activity will not require the diversion of so great
number of police officers of the City to properly police the area of such activity as
to interfere with normal police protection for other areas of the City.
Section 5.46.045 Conditions of Approval.
welfare. If approved, the —Sash permit shall contain the following standard conditions:
A. The ermittee shall defend ndemnify,
release and hold the— oily— 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, liability
er--judgments, fines, penalties, liabilities, costs and expenses (including without
limitation, attorney's 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 ter damage arising out of the ^ ^ ittee'° activities.
in connection with such claim, action, or proceeding whether incurred by the
pennittee. City, and /or the parties initiating or bringing such proceeding.(9rd
1767 § 1 (pa t), 1968)
0
B. The permittee shall its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
C. The permit shall not be transferred to any other person or entity.
D. The permittee shall place on deposit with the City the estimated costs to be
incurred by the City related to the activities conducted under the permit and the
permittee shall reimburse the City for any additional costs incurred by the City
within ten (10) days of receiving notice from the City of any additional costs.
Section 5.46.050 Notice of Approval or Disapproval.
The City Manager or the Film Liaison shall act upon the application within ten
10 days after the filing thereof and shall at such time mail to the applicant a notice of
his action. If the application is disapproved, said notice shall state the reasons for such
disapproval.
Section 5.46.060 Appeal.
A. Decision of Film Lipson. —Any Council Member or other person aggrieved by
the City ^mss decision of the Film Liaison shall have the right to appeal the
approval or disapproval of the application to the City ManagerGeunci(–.-The
appeal shal',�tin within five (5) calendar days after notice of the decision of
the Film Liaison is mailed. The City Manager shall review the application de
novo and shall render a decision within fourteen (14) days.
B. Decision of City Manager. Any Council Member or other person aggrieved by the
City Manager's decision shall have the right to appeal the approval or disapproval
of the application to the City Council within five (5) calendar days after notice of
the decision is mailed. The City Council shall review the application de novo and
act upon the appeal within sixty 60 days after the filing thereof.
Any Council Member shall have the right to appeal the decision of the City
Manager.
C. Council Member Appeal. Any appeal filed by a City Council Member in
accordance with this section shall be considered a call for review and the Council
Member shall not be considered an aggrieved person.
Section 5.46.070 Cost of Additional City Services.
A. The fully loaded hourly cost of City staff and /or Film Liaison time used to review
and /or process an application for a permit, shall be charged to the permittee.
»9
B. If deemed necessary by the City Manager or the Film Liaison„ additional police,
fire and other City services shall be provided for the purpose of protecting,
assisting and regulating the proposed activity. The cost of providing such
additional (Ord. ional services shall be paid to the City by the applicant. (. § 1
(part), 7, 4
Section 5.46.080 Bond and Insurance.
The City Manager or the Film Liaison may require, as a condition of issuing such
a permit, that the applicant furnish a bond, insurance or both to protect the City against
claims of third persons for personal injury, wrongful death and property damage and to
indemnify the City for damage to City property arising out of the permittee'speffnitiee s
activities._ (Ord. 1262 § � " ,�artj, 1968
SECTION 2: If anv section, subsection. sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the day of , 2009, and
adopted on the day of , 2009, by the following vote, to wit:
AYES. COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
I
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By
DAVID R. HUNT, CITY ATTORNEY
7
I..
Aulhor¢cd to Publish AdvcrusclOents of all kinds including public null: L I,,
S cnce of the Superior Court Pf (kJunt lta f a(walaYrpaIJ5
SPptnnM:r $9, 1'161. and A 248 ?l tuna lyLsy,.j`- l'LL..•.I` U
PROOF OF PL%RC; rIf1l 01
=�K
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid: I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa. County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
September 26, 2009
declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on October 1, 2009 at
Costa M a, California.
1
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S i g nakifre
AN ONDIW OF CRY (NO OF THE CRY OF NfMRT (EACH AMOOIIFI;A
11111111 ITS TMTUTY OWTEI SA OF TRIP S OF THE tHWPOAT RACH
AIU11MAE CODE KATAM TO ONTO OF C011A1M FIN IAOWTgH
The Cosy Caunca at the Gtr of Newport Bea,, does nereby ordain n fa4l.,
SKTIOM 1: Charter 546 of Truk 5 of tie Newport Beach Murwabll Code is
hereby replaced n Rs eoteay and a amended to read as folkws
Create 546 REGULATION OF COWARCLAL FAM PRODUCTION
546.001 Purpose and Intent
5 46.005 Wrodruns
5.46.010 Period Reoured
5 46020 E.cWbans
5 46030 Application for Perm t
546.040 hsunce of Per m4
5 46045 C"bons of Approval
546050 Notre of Amoval u Drayproval
5.46.050 Appeal
5 46.070 Cost of Adddwnal GOY Savtes
5 46.090 Bond and Insurance
S.KA01 NPraat awn Apra.
The Qty Coconut of the GOY of Newport Beach lads and declares that lOmmRC,a
Nam producten m the CRY and surroar,dng repron pandas urque and symhcaot
cntributmns to the economy in Uses areas of hotels, restacrnts, catered food,
leases of Murpnent and mop". Uansptttabn and wages and salaries. The
pcorpose and mtenl at tho fhaptb d to ante an eneenrrWlt Gondar %we t0
the producUn of caaocue free and ensure the public heats, safely and
welfare mrougl, the regub0o, of mmnWcal friar, poductw so as to
A Provbe for pedestrw and drrng safety and Wrorensnce.
8. Prevent unreasonable aRerfaence wM the Bow of penman or vnrcle
traffic. ncWn¢ Ogress to a egress from, any rrvdatte or pen of thusaaess.
or tram the street to for vdewak, by persona exdmg or entering RAM ar
stndmg ,ehrtles.
C. Manlarh and protect Ile value of suroundii0 properles,
D Reduce e.posure of That CRY to persona eery radian praperry damage.
dame and Mgahn:
E Protect Pe publics night to rolled. gather end distribute mtormabo,.
F. Streamer the film baron process and hcitate issuance of a prrmd tar
commercpl Non produalan, and
G Ensue the pphip4lc health. safety and welfare.
5.46AOS OeOdllecaa
F r the purposes of Mrs cfaple cedw words are defined as folows.
A Tarn Luna*" means an mdrvldual employed by a related by 0e COY of
Newport Beam worse pramary reslianpbify a to aversee, coordinate andior
manage the wrod process reacted by pas chapter and the acbvdm allowed
by patrons grnlea now t as cepte.
B 'kunnalsbc AcMRY means IM staging, srmotmp "lap, caDW 're Ia
a ecordiry of maim far ran'commaGal Frst Ameradnent protected rpo
such as a,Unbes conducted by a newspaper rebate in the 50M of the
C. 'Student Fen' means the staffing slnoant, mal,rag captor"" b" o
recadng of "Iles fa purposes resaAt.rg from enrolbnent n or m Wrrnectmn
wRh high sdmot, enno, Collette. Whose. conwarsdy, SPaceRy n catmn msbluttn
wM as trade sclwM. ham schools r art schoob or any other educational
VIno
SSAGA10 hrat0 RapieL
No person shall use any property inerd or alAaed fa a revdental use. publt
Property a PUN,( facility fa the purpose of stain sf, oW . raing. caplunry.
taking or wormry of arugers for any wmmeaal a busaness purpose wnhost
fast awWa to and rrema a pemt hen the City Malaga a Fnm Lawn
IThe provran of they ~a shall not apply to amateur photographers or
any oason o vPlved m lounaldtt Aclwites
A AppikaoW F" Iteedrse Any Paso, oestng to use WY resamenbalY Zoned
properU. pick Pool, or laofity IPr It* purpose of staM sfmoang, manag
eKMiry, fain( or reWrdnp of tnalm for any comnwcW or busness purpose
shall. not lap than kurleerh (14) days beta, the dale an whch such Person
defeat to eomW such acbvRy. hk in appltatmn to a Perrot wM the City
Ma me, by 1W Fin Lawson. on a lam turnrhed by the CRY The city Neareger
of they Fin tuner, may at hsRW d"Iticoo ware the rtourerront VW
Mpke9prM be Men louteen (tor days poor to the date en wlell tM acbMY
u to be ,wnAwliet
8. Applcabon CpMalta The appltatmn stall be venhed and shall nnam my
ntoamatnn a doeWnnh reouested by the Qtr Manager or fin Larson as
well as the folu eng edemabon.
1 The name, &it&= and teleprne numor of to perm weVng to conduct
such acbvdy
7 The name. address and leaephone naobet of the wsn who ware be n
narle of the acbvM and be responsible for its conduct.
3. The date a dates and hours worn such acdvity e m be W CW
4 The apprortnate lane wtaen such K6My wi boon and ,nil.
5. The location a locaons wRhn Ole City w41aa sigh acovrty " take pace.
5 The approxmate nvnber of prsom w4m M ,page n such actwRy
7 A ht of male epupmnt to be used, naudng out not hmded to trucks.
Uses. Lmousnn nd rimes,
8 A general stater ent of the c aracta or nature of the proposed acbntY.
C Appficatmn end Prmd Fees. Each acpbcation, except aPPkcabons for a
student Fan. shall be eccorrparM by an applubor fee as establishM by
resolution of the Cry Counca Applacan is shelf be reau,ect to Ne an airohcabco
la each s,Rtm. Mro,ng acM.ly It sio pearl is araproved, it shall not by
necessary far me baron,, to attar, a CRy busn ms It. to carry On the
Wtwies authrned by sW Maori. unless such permitiK mantams a iterrrre,i
puce d busnr within the City The pwmrtf". earpl those pro tacvq student
films Snag P4Y to the CRY a perrmt In as established by resofcten of the
GOY Council for each dry or portion of a day duty whrh w,: xbntin we
conducted
Sodkn 5.46AW 11eWb M Ponell.
The City Manager a the Fin Lorna+ sMe issue a peed. with appropmale
conditions. as provided for harbn wmen, From a Comudefration of the applicator
W from such o0er Information as may otnerwse he obtained. hershe Fort
baud on all of the relevant old" Nron Met'
A The conduct of such actmty will not unduly interfere with traffic or pedestrur
nomaywml or tend to Interfere with or erdiager the piAkc peace a lght•
of nearby revdao s; to the quiet, peaceable and anmuksted amoyment of their
property, a otheswse be debneital to lie public peace. hea1M, safety or
goers welfare.
R. The conduct of such activity will not mndady interfere with norms
govarnmenlal or City operations. Ifreatem to result in damage or debxnem to
Public- property. of result n the City incurring costs or extenddure, n other
money a mosomal not reimbursed in adymm by Me apobanl.
C. The conduct of uch aclody war rot constitute a fire hazard, and as Proper
safely precautions oral be taken.
0 The conduct of such adonly will not require the dwerson of so great
number of police officers of the Pry to Properly police the area of such actmty,
as to interfere with normal police protection for other seas of Me City.
Saab 5.46.045 CadNSn of AAprervd
The City Manager or Use Film Liaison sbaA ham the autonty to impose any
special peed conditmons dMenked 10 be necessary to Protect IM Public
health, suety and welfare, N approved, Me parnat shall contain the following
standard c soddioe'
A. The pemMlw shall defend, ndemrvty, release and hold harmless the Cdy.
Is City Council Dos QS, comnnisvms offices and employees Fran and against
any and all claims. demands, obligations, damages. aoliors, causes of action,
suds. losses. Ndgments. bas. Walvis. liabilities, costs and exposes (ndadrg
without mutation. aftwey's fees, debasements and coat coals) of very
Wit and nature whatsoaw which toay lase From or in any mane future
(dire(tly in indowtty) to the permitted actiylties. This indemnification shelf
include, but not be Mated to. damages awarded against Me City, d any, costs
of Put, attorneys fees. and other expenses incurred in conedion with si
Clain. action, ce proceeding whether incurred by fix penitter. City. and/or
Me pedws ndaUng o to-reN such promedag.
B. The permitter shall at its own cast and expanse, corryly with all statutes,
adnames. regulaWns and reourernents of N gownionotal eobbes.. including
lmeral, stale, county or municipal, whether now in fora or hereinafter enacted.
C The permit shall not be transferred to any other person a eorty.
D. The permitter shall dace m deposit with the CM the estimated costs to
be paired by the City related to the actrytia, conducted under the permit
she the permitlee shelf re tburse the City for any additions costs soared
by the City within ten (10) days of receiving notice from Pre City of any
idddronal costs.
koalas 5.44.OSO Nooks of Appafrd a pagpwd.
the City Manager or die Film Limon, shal act upon the applaatiom within tin
;10) days after the filing thereof and shall at such time malt to the applicant
9 notice of his action. If the applaalnn is disapproved. Sad notice shall slate
II* reasons 1. such drsaaaoval.
Decsw of Fem Larson. Any Councd Member or other person aggrewd
decision of the Film Liaison " lave the right to appeal the apoo
dsapfeoval of the appikauoo,to Bar City Manager when five (5) sun
s after not" of fie decision of the Film Luison s mailed. The City Mara
dl renew the application M new and shag render a decision within tarh
d days.
Decision of City Manage Any Cowes Member or ocher person aggnm
the City Managers decmon shad haw the riot to app" Me approval
approval of the application to the pry Coaag within fire (5) calendar d
v notice of the decsie is mailed The City Counpl shall resew the appkcet
nova and act upon the appeal whin Pity (W) days after the fling therf
I Councit Member stall haw the fight to appeal the decision of the C
Council Member Appeal. Any appeal into by a City Council Member
ordance with this secbon shall be corsrdered a all for renew and
mcd Member "not be comadered ar agiu,eved Person.
fete 5.46.010 Cfrat of AdfiMond Cey Savlroa.
The hiss' loaded hourly cost of City start and/o Film Lraspn time used
row and'a process an applaabon for a point, " be charged to
mitteir
H deemed necessary by the City Manage or the Fam Lawn. adds o
ce, fire and other City winces shag be wovded for the purpose
tecting assisting and regWatng the proposed activity. The cost of oowd
h addborcal serapes shall be paid to tte City by the applicant.
tMe S.46.0410 gerrd song Yweseo.
City Meager or the Film Luaon may renme. as a condition of issu
h a permit. that the awkinit furnish a bond. insurance or Froth to Prot
Coy against Caroms of third paws for personal injury. wrongful de.
I Property damage and to mdemndy, the City for damage to City prow
ding at of the parmttee's aidndes.
:11011 gr If any sector. subsection, sentence. cause or phrase of t
mare ms. for any reason. held to be kwald or undonadutanal, such wus
A not afford the validity or conshNtionN% of the ramming portions
ordnance. The City Council hereby declares that it would ham Passed t
mare. and each section. 4rA5lCti0n. clam or phrase Wait. rresped
the had Mat any one or more WPM. subsatMns. sentaaes, clauses i
aces be declared unconstitubonal
.TVON Sin The Mayo share sign and the City Clark shah attest to the pave
Ills ordrere The City Chak shN cause Me same to be published or
the offins newspaper of the City. and it shall be effee4m misty 001 d
a its adopbon.
71014 Ii This odnarce was mUoduced at a reguta meting of she C
aril of the City of Newport Beach. Fred on Ihe Rlh day of Septemt
)9, lard adopted on Me 22nd day of September by the following yr
nt'.
ES. COUNCIL MEMBERS Ikon. Rosesky. Curry, Webb. Gardner, Daigle. kra
MEMBERS None
IL MEMBERS Pone
CRY ATTORfE Y
C lIrY ATCORIq y