HomeMy WebLinkAboutCC 11-04-2025 Item No. 12 Municipal Code Amendments to Regulate Film Production_Desk ItemCC 11-04-2025
Item #12
Municipal Code
Amendments to
Regulate Film Production
Desk Item
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CITY MANAGER’S OFFICE
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212
CUPERTINO.GOV
CITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: November 4, 2025
Agenda Item #12
Subject
Introduce Ordinance No. 25-XXX: “An Ordinance of the City Council of the City of
Cupertino Amending City Code Title Five (Business Licenses and Regulations) to
Establish Chapter 5.51 to Regulate Film Production.”
Recommended Action
Conduct the first reading of Ordinance No. 25-XXX: “An Ordinance of the City Council of
the City of Cupertino Amending City Code Title Five (Business Licenses and
Regulations) to Establish Chapter 5.51 to Regulate Film Production.”
Staff’s responses to questions received from Councilmember are shown in italics.
Q1: Initially, I understood the filming permit to apply only to filming activities on City
property. However, the draft ordinance states: "All residents and merchants within a
three hundred (300) foot radius of the film location must receive notice of filming at least
forty-eight (48) hours prior to the first day of filming. "Does this mean any public street or
public right-of-way can be permitted for filming under this ordinance? Would private
homes that are visible from these public areas potentially be filmed with only 48 hours’
notice?
Staff response: Without an ordinance, a film production company can film along public city
streets. With this proposed ordinance, they must first inform the City of where they plan to film,
apply for and pay for a permit, abide by the City’s rules, and provide notice to residents. A City
can further limit filming in various ways, but there are certain First Amendment protections for
filming, so the City’s ordinance must be careful not to overly regulate. The ordinance, as proposed,
does not test those boundaries. If the City desires to impose much stricter regulations, research
into such First Amendment limits will be required. The ordinance presented is similar to
ordinances passed by other cities.
Q2: What is the appeal or objection process for residents who receive a 48-hour notice?
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Will the City be able to process and respond to such appeals in a timely manner?
Staff response: Without an ordinance, residents’ and the City’s ability to limit or stop the filming
process is limited, unless the film production company actually trespasses on private property.
With an effective ordinance in place, the film production company must follow the rules of the
ordinance. Once a permit has been issued by the City, there is no appeal process.
Q3: During active filming, who should residents contact in case of issues such as noise
complaints or disruptive lighting at night?
Staff response: Filming late at night will not be permitted. Residents would need to submit a
complaint via 311 in case of any unpermitted activity.
Q4: Would filming crews be allowed to film on any residential block from a public
sidewalk with a permit? If private homes appear in the frame, are permissions from the
homeowners required?
Staff response: A homeowner may not prevent the filming of their home as seen from the public
right-of-way if the home is visible from the street. No permission is needed from the homeowner.
Q5: What happens if a homeowner objects to any part of their home being filmed, even if
the filming is done from a public right-of-way?
Staff Response: Although the homeowner likely would not have the right to object, they may
contact the production company to explore solutions. For instance, occasionally the production
company will compensate private homeowners to ease the situation.
Q6: If a homeowner feels their privacy is violated—for example, if interior rooms are
visible through open windows—what liability, if any, does the City assume in such
cases?
Staff Response: The City would not be liable in this instance.
Q7: What about filming involving helicopters, drones, or any aerial vehicles or devices?
Staff response: This is addressed in the ordinance and would require the applicant to provide
higher insurance coverage and follow any applicable federal, state, and local laws, including
regulations of the Federal Aviation Administration.
Q8: Realtors currently already use drones to make films, with the permission of a
homeowner, I assume. Would that be exempt from getting a permit?
Staff response: Yes - such filming is entirely on private property.
Q9: The ordinance states "Filming Hours. The hours for filming are 7:00 a.m. to 10:00 p.m.
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Filming activities occurring outside the designated hours require signature approval by
eighty (80) percent of residents and businesses within a three hundred (300) foot radius."
What's the rationale to allow filming into 10pm at night? Especially when the inside of
lighted residential homes are more visible at night.
Staff Response: This is standard language. The City can reduce these hours if 10pm is deemed by
Council to be too late. Without an ordinance, there are minimal limits to such filming within the
City. The ordinance may need further tailoring but having one gives the City authority over such
filming.
Attachments Provided with Original Staff Report:
A – Draft Ordinance
Attachments Provided with Desk Item:
None