HomeMy WebLinkAbout09-10 - Adopting Zoning Code Amendment CO-09-06 (Filming Activities)ORDINANCE NO. 09-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT CO -09-06 TO AMEND TITLE 9,
CHAPTER V, FILMING ACTIVITIES, OF THE COSTA
MESA MUNICIPAL CODE.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: CODE AMENDMENT. Title 9 of the Costa Mesa Municipal Code is hereby
amended as follows:
a. Amend Chapter V, Section 9-473(b), by including the following changes shown in
underlined and strikeout text:
"Sec. 9-473. Permit required.
(b) No person shall use any private property for the purpose of making
commercial films without first applying for and receiving a permit from the city
manager or his/her designee. Notwithstanding the foregoing, the provisions of
' this chapter shall not apply to or be construed to affect the following filming on
private property:
1. Filming which requires no parking variances and uses no public property or
rights-of-way on public property;
2. Filming which does not impair the quiet enjoyment of the surrounding
properties;
3. Filming which does not involve the use of any pyrotechnic device as defined
in California Health and Safety Code section 12526;
4. A licensed business which regularly employs a licensed pyrotechnic operator
as defined in California Code of Regulations section 981.5;
5. Filming by news media;
6. Filming solely for private family use; or
7. Any business, non-profit organization, and/or entity which has already
obtained appropriate zoning approval (e.g. minor conditional use permit) from the
city for regular outdoor filming activities."
SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 9b) (30 (general rule) of the CEQA Guidelines, in that it can be seen with
certainty that there is no possibility that the proposed amendment to the Zoning Code will
' have a significant effect on the environment.
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 5: PUBLICATION. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of fifteen (15)
days from its passage shall be published once in the NEWPORT BEACH/COSTA MESA
DAILY PILOT, a newspaper of general circulation, printed and published in the City of
Costa Mesa or, in the altemative, the City Clerk may cause to be published a summary of
this Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and
within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a certified copy of
this Ordinance together with the names and member of the City Council voting for and
against the same.
PASSED AND ADOPTED this 4" day of August, 2009.
h1111L—
Allan
R. Mansoor, Mayor
ATTEST: APPROVED AS TO FORM:
Juli olcik, Ciq Clerk Kimberly all Be CityAtto ey
STATE OF CALIFORNIA )
' COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 09-10 was duly introduced for first reading
at a regular meeting of the City Council held on the 21st day of July, 2009, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 0 day of August, 2009, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 5" day of August, 2009.
JULIEjiOEGIK, CI CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 09-10duly
passed and adopted by the Costa Mesa City Council at the regular meeting held August
4, 2009, and that Summaries of the Ordinance were published in the Newport Beach -
Costa Mesa Daily Pilot on July 15, 2009 and August 12, 2009.
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