Chapter 15.46
NOISE STANDARDS AND FILM SHOOTS
Sections:
15.46.020 Film and photo shoots.
15.46.010 Noise standards.
Noise standards and noise control shall be governed by the provisions of AVMC Title 8. [Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
15.46.020 Film and photo shoots.
A. Purpose. The purpose of this section is to establish a permit procedure for the shooting of professional film, video and still photography on public property or in public rights-of-way within the city.
B. Definitions. For purposes of this section and this code, the following terms shall have the meanings set out in Chapter 15.94 AVMC, Definitions:
1. “Charitable films”;
2. “Film, video and still photography”;
3. “Regular activities of the news media”;
4. “Student films”;
5. “Studio.”
C. Where Permitted. Film, video and still photography may be permitted as a temporary use in all zoning districts, unless otherwise specifically prohibited, subject to the approval of a temporary use permit pursuant to AVMC 15.74.050. All filming activities are subject to the provisions of this section unless specifically exempted under subsection (D) of this section.
D. Exemptions. The following film, video and still photography activities are exempt from the provisions of this section:
1. Filming activities solely for personal noncommercial use;
2. The regular activities of the news media concerning those persons, locations or occurrences which are in the news and of general public interest;
3. Charitable films;
4. Student films; and
5. Filming activities conducted on private property.
E. Permit Application and Issuance. The following information shall be included in the application for a temporary use permit for film, video, and still photography:
1. The locations at which the activity will be conducted and the names and telephone numbers of the persons in charge of the activity;
2. The inclusive hours and dates of the proposed activity;
3. A statement of the character or nature of the proposed activity;
4. The number of personnel to be involved;
5. A description of any use of animals, pyrotechnics or special physical effects to be used; and
6. The number and type of vehicles and equipment to be used.
Applications for temporary use permits shall be processed in a timely manner in conformance with the requirements set out in AVMC 15.74.050.
F. Findings for Approval. In approving a temporary use permit for film, video or still photography, the planning director shall make the following findings:
1. The filming activity as proposed and conditioned conforms to the provisions of the zoning code and is consistent with the general plan.
2. The site is adequate in size, shape, and access to accommodate the demands generated by the proposed filming activity.
3. The filming activity as proposed and conditioned will not create significant noise, traffic, or other conditions that will be detrimental to or incompatible with other permitted uses in the vicinity.
G. Conditions of Approval.
1. Letter of Indemnification. Prior to the issuance of a temporary use permit, the applicant shall provide a letter of indemnification to the city, agreeing to hold the city harmless for any events or actions which may occur during or as a result of the activities authorized by this permit.
2. Liability Insurance. Prior to the issuance of a temporary use permit, the applicant shall provide proof of liability insurance to the satisfaction of the planning director. Said insurance shall list the city of Aliso Viejo as an additional insured for a minimum of $1,000,000 per occurrence.
3. Adherence to Permit. The applicant shall be responsible for the restrictions and conditions set out in this permit. A copy of this permit shall be on site at all times. Any deviations from the provisions set out in this permit without written authorization from the city shall render the permit null and void.
4. Site Cleanup. The applicant shall conduct all operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The site 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. The applicant may be required to post a refundable faithful performance bond or security deposit prior to permit issuance to ensure cleanup and restoration of the site.
5. Filming in Public Right-of-Way. The applicant shall obtain the appropriate encroachment permits for the use of public rights-of-way, including sidewalks, medians and parkways. This includes permission to string cable across rights-of-way from generator to service point. Temporary “No Parking” signs shall be posted by the appropriate jurisdiction if the applicant will be parking vehicles or equipment in zones which do not otherwise permit parking.
6. Filming in City Parks. The applicant shall reserve the use of city parks through the community services department. A security deposit for use of city parks shall be required prior to the issuance of a temporary use permit for filming activities.
7. Traffic Control. The applicant shall be required to use California Highway Patrol or Orange County sheriff personnel for all traffic control of any nature or duration. The applicant shall submit a traffic control plan for the permit to the satisfaction of the chief of police services.
8. Reimbursement for Services. The applicant shall be responsible for the reimbursement of any city or county personnel (i.e., police, fire, etc.) provided for the purpose of assisting the production. [Ord. 2012-139 § 3; Ord. 2011-131 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].
Cross-references: encroachment and work in the public right-of-way, Chapter 10.04 AVMC; parks, Chapter 11.10 AVMC.