FILMING PERMIT INFORMATION - Planning and Development Report

FILMING PERMIT INFORMATION

RECOMMENDATION

THAT the report dated November 5, 2020 from the Community Planner titled “Filming Permit Information” be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

This report provides information to Council regarding the creation of a Filming Permit as a faster, more applicable, and customer friendly alternative to a Temporary Commercial Use Permit as the only tool currently available to permit filming within the Town.

BACKGROUND

The Town has recently entertained inquiries regarding filming in commercial locations in View Royal. The Town currently requires a Temporary Commercial Use Permit (TCUP), given the unique requirements of such a production. A TCUP goes through the same process as a rezoning, and as such can be a difficult and time-consuming hurdle for production companies used to quicker approvals through filming-specific permit processes.

The City of Victoria has taken the local lead on the creation of Filming Permits, providing materials (attached to the report) addressing the process and its impacts on the community and the municipality. Victoria expects to update their process this winter.

PROJECT INFORMATION

Filming has several unique impacts on communities and municipalities which need to be addressed by the permitting process:

1. Traffic disruptions and road closures
2. Equipment/trailer parking and storage
3. Intense lighting requirements
4. Potential noise, action, stunts, explosions, scary monsters etc
5. Odd hours of filming
6. Potential damage to Town infrastructure
7. Town expenses related to filming and permitting processes

Despite these interruptions, filming is typically welcomed in a community due to the strong economic benefit filming brings to a community and to the region.

In discussion with Arts and Culture staff at the City of Victoria, there is a shared desire to keep the filming permit process similar across the CRD, as most film production companies are unaware of the vagaries of our many municipalities. It becomes easier for the Vancouver Island South Film & Media Commission (https://www.filmvictoria.com/) to promote the region and to provide information to the industry if there is consistency in permitting requirements.

After reviewing the available content from other CRD municipalities, staff suggest following the District of Oak Bay in copying the City’s forms and processes for filming permits, which address various elements:

Film Production Guidelines (written in note form from full requirements attached to this report)

1. Requirement for a Permit
2. Insurance Requirement ($5m liability)
3. Deposit requirement (barricade delivery, pickup, Special Duty Police, garbage cleanup, work done by Town crews)
4. Electrical Permit requirements
5. Access and Notification requirements (notifying residents and/or merchants who will be affected by filming, by flyer/information leaflet, record of notification, dates, times, duration, area, traffic or parking information, potential advertisement in media)
6. Road closure requirements
7. Cancellation rights of the Town
8. Proper use of site as per permit
9. Applicant responsibility for maintaining site/route in clean condition and responsibility for cleanup
10. Applicant’s requirement to ensure safety of all equipment and other chattels of the Town, responsibility to replace if damaged or removed
11. Applicant’s liability for any damage to site or route
12. Applicant shall not construct, erect, attach, permit construction etc. of any device or fixture without prior written consent of CAO or officer.
13. Applicant shall not permit anything to be nailed or hung to boulevard trees, planters, etc.
14. Indemnification of Town respecting all claims against the applicant.
15. Any other specific conditions relating to site.

Location Sheet (written in note form from full requirements attached to this report)

1. Organization applying
2. Film name or client
3. Location
4. Shooting dates and times, including set up and clean up
5. Number of cast and crew
6. Number and type of vehicles
7. Liaison person and contact information for advance and on-site shoot
8. Electrical Permit information
9. Specific requirement for Town services, site amendments, etc

Film Production Street Use Request (written in note form from full requirements attached to this report)

1. All dates, locations, times of street use.

Note that the City of Victoria attempts to actively work with residents and business owners to resolve any issues associated with filming, but it does not consider it a right to have a filming-free neighbourhood.

Also attached is an example of a permit issued to a production crew.

NEXT STEPS

The Town would create these attached documents for the Town of View Royal, and they would (as proposed) be issued by staff and approved by the CAO or appointed officer. At the CAO’s discretion Council may be required to approve any aspect of the filming request.

The Town would also have to amend the Fees and Charges Bylaw to include a Filming Permit fee and a filming performance deposit amount (estimate of costs, not a fixed fee). Staff will make a determination of the fee proposed in advance of the item coming to Council, noting that the fee will be designed to cover Town costs.

OPTIONS

If Council would prefer to not see filming occur within the Town of View Royal, direction to that effect is needed. This would result in no further staff time being directed to this topic, and future requests for filming within the Town will be declined.

If Council would like to pursue consistent filming permit processes as are used by other jurisdictions in the CRD, receiving this report will result in additional staff time being dedicated to this topic.

RECOMMENDATION

THAT the report dated November 5, 2020 from the Community Planner titled “Filming Permit Information” be received for information.

SUBMITTED BY: J. Davison MCIP RPP, Community Planner

REVIEWED BY: L. Chase MCIP RPP, Director of Development Services

ATTACHMENTS:

1. City of Victoria Film Permit Application Location Sheet
2. City of Victoria Film Production Guidelines
3. City of Victoria Film Production Street Use Request
4. City of Victoria Film Permit example