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ORDINANCE 1436ORDINANCE NO. 1436 AN ORDINANCE AMENDING EL SEGUNDO CHAPTER 4 -11 REGULATING MOTION PICTURE, RADIO AND TELEVISION PRODUCTION WITHIN THE CITY OF EL SEGUNDO. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The definitions of "impact zone," "no impact filming," and "still photography" set forth in El Segundo Municipal Code ( "ESMC ") § 4 -11 -2 are amended to read as set forth below. The definitions of "still photography" is added to read as follows: "Proximity zone" means the area within a 275 foot radius surrounding a filming site which is presumed to be affected by filming and activities ancillary to filming. It is presumed that residential areas beyond the proximity zone are not impacted by filming. "No impact filming" means filming that occurs pursuant to the terms of a valid permit that is conducted in a manner where light, sound, smell, or vibrations resulting from the filming, or activities ancillary to filming, is imperceptible from properties other than the property on which the filming is being conducted. "Still Photography" means and includes all activity attendant to staging or shooting commercial still photographs. Still photography does not require a permit if it involves only hand - carried equipment (tripod, interchangeable lenses, flash), and does not involve product or service advertisement, or use of models, props or sets. Normally this type of photography involves less than ten people and is completed in less than four hours. SECTION 2: All references to "impact zone" within Chapter 4 -11 are changed to "proximity zone." SECTION 3: ESMC § 4 -11 -16 is amended to read as follows: "4- 11 -16: ADMINISTRATIVE POLICIES AND PROCEDURES: The city manager is authorized and directed to promulgate administrative policies and procedures governing the form, time, and location within the city to implement this chapter. The rules and regulations can be based upon the following criteria: A. Traffic congestion at particular locations within the city; B. The written consent of all property owners or occupants in possession of property within the impact zone, as determined by the administrator and in accordance with this chapter; C. The safety and convenience of all persons; D. The disruption of normal activities of all persons at particular locations within the city; E. The safety of property within the city; F. Whether particular types of equipment are required for certain film sites to reduce the impact on neighbors. Such equipment may include, without limitation, tow plant generators; and G. Whether a film monitor is required to oversee filming at certain filming sites. If a film monitor is required, permittees must also abide with a filming code of conduct identified by the administrator. The cost of a monitor must be borne by permittees." SECTION 4: ESMC § 4 -11 -17 is amended to read as follows: "4- 11 -17: MAXIMUM NUMBER OF FILMING DAYS ALLOWED: A. Except as otherwise provided, no permit can be issued if it will result in any address being located within a proximity zone for more than twenty - five (25) days during a calendar year. B. For filming proposed East of Sepulveda Boulevard and South of El Segundo Boulevard, no permit can be issued if it will result in any address being located within a proximity zone for more than eighty (80) days during a calendar year. C. The administrator may increase the twenty -five (25) day maximum if there are no neighbor protests from within the proximity zone of the filming site. D. There are no maximum filming days for no impact filming." SECTION 5: ESMC § 4 -11 -23 is amended to read as follows: "4- 11 -23: GENERAL PERMIT CONDITIONS — ADDITIONAL REQUIREMENTS: A. The permit, in its entirety, must be in the possession of the permittee at all times while filming. K B. A permittee must conduct operations in an orderly fashion. The area used must be cleaned of trash and debris upon completion and before leaving the filming site(s). A deposit to assure that a permittee removes all trash and debris from the filming site(s) may be required. This requirement and the amount may be determined by the administrator. C. Vehicle parking for all filming related activities must be in accordance with the administrator's directions. D. All camera cars must have a police escort. The administrator may determine how many police officers will be required to escort camera cars. E. All filming and ancillary activities must commence not earlier than 7:00 a.m. and cease not later than 10:00 p.m.. Filming and ancillary activities East of Sepulveda Boulevard and South of El Segundo Boulevard must commence and cease at the times indicated by a valid permit, except for filming and ancillary activities occurring within 275' of hotels which must commence not earlier than 7:00 a.m. and cease at 10:00 P.M. F. Permittees must protect any neighbors within a proximity zone from glare caused by lighting used for filming after sunset. G. Production companies cannot place equipment or vehicles on private property without the private property resident's written consent." SECTION 6: This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. SECTION 7: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full 3 force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 9: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED thi "Q' . _ _ _ 4 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1436 was duly introduced by said City Council at a regular meeting held on the 17th day of November, 2009, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 1St day of December, 2009, and the same was so passed and adopted by the following vote: AYES: McDowell, Brann, Fisher, Jacobson NOES: None ABSENT: None ABSTAIN: Busch Cindy Mortes n, City Clerk APPROVED AS "f Cy Mark D. Hens16i tto r 5 H.13erger, P}5s)btant City Attorney