HomeMy WebLinkAboutCC Ordinance No. 26-2282 Amending City Code Title Five (Business Licenses and Regulations) to Establish Chapter 5.51 to Regulate Film ProductionORDINANCE NO. 26-2282
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
The City Council of the City of Cupertino finds that:
1. The purpose of this Chapter is to: (a) establish a standardized film permit process
to regulate commercial, television, motion picture, and nonprofit filming activities
conducted within the City; and (b) ensure coordination with appropriate City
departments to protect public health, safety, and welfare, and minimize
disruptions to residents, businesses, and public spaces.
2. This Chapter further authorizes the City to recover administrative and operational
costs associated with the processing, review, and issuance of film permits through
the collection of film permit fees pursuant to a reasonable fee schedule
implemented herewith.
3. The establishment of a film permit process, including the associated fee schedule
is consistent with the City’s goals of transparency, accountability, and fiscal
responsibility.
4. The City desires to encourage filming activity that is compatible with the City’s
character, preserves public safety and welfare, and supports local businesses while
ensuring that applicants contribute to the costs incurred by the City in facilitating
such activity.
The City Council of the City of Cupertino held a duly noticed public hearing on
November 4, 2025, and after considering all testimony and written materials provided in
connection with that hearing introduced this ordinance and waived the reading thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
Ordinance No. 26-2282
Page 2
01337.0051 2097658.2
The Cupertino Municipal Code is hereby amended as set forth in Attachment A,
attached hereto and incorporated herein by this reference.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment; therefore, the activity is not subject to CEQA. Future filming activities will
remain subject to applicable City regulations and may be further reviewed for CEQA
compliance on a case-by-case basis, if warranted. The foregoing determination is made
by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after final adoption as provided by
Government Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
Ordinance No. 26-2282
Page3 City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on April 21, 2026; and ENACTED at a regular meeting of the Cupertino City Council this 5th day of May, 2026, by the following vote: Members of the City Council A YES: Moore, Chao, Frnen, Mohan, Wang NOES: None ABSENT: None ABSTAIN: None SIGNED: Kitty Moore, Mayor City of Cupertino ATTEST: Lauren Sapudar, City Clerk APPROVED AS TO FORM: Floy Andrews, Interim City Attorney 01337.005 I 2097658.2 Date Date 05/13/2026 Date 5/15/20265/15/2026
Attachment A – An ordinance to regulate film production
A new Chapter 5.51 is hereby added to Title 5 of the Cupertino Municipal Code, to be adopted in
its entirety and shall read as follows:
Chapter 5.51: Regulation of Film Production Permits
5.51.010 Purpose and Intent
This Chapter establishes procedures for the review and issuance of permits for
commercial filming activities on location within the city. The intent of this Chapter is to
facilitate the production of such work while protecting the residents, property owners,
and businesses from the potential adverse impacts of filming activities.
5.51.020 Definitions
A. "Charitable or student film" means any filming by (i) a nonprofit organization,
which qualifies under Section 501(c)(3) or (4) of the Internal Revenue Code as a
charitable organization; or (ii) an accredited educational institution, and for
which no person, directly or indirectly, shall receive a profit from the marketing
and production of the film or from showing the films, tapes or photos.
B. "Film Production'' means all activities related to staging or shooting of
commercial motion pictures, television shows or programs, commercials or
advertisements, commercial still photography, video tapes, computer-based
programs or other visual reproduction technology now known or hereafter
created and the filming of commercial radio station promotional events,
excepting any such activity that is entirely conducted on Private Property, as
defined, or activities covered by an encroachment permit, including all vehicle
parking, production staging, and storage of equipment or props. The period of
filming includes the set-up, all on-site production time, and striking the set,
including but not limited to removing scenery, equipment or props at the
conclusion of filming.
C. "News Media" means filming for the purpose of spontaneous, unplanned
television news reporting by journalists, reporters, photographers or camera
operators.
D. "Private Property'' means any property in the City not owned by the City.
01337.0051 2097658.2 Attachment A – Page 1
An Ordinance on Regulating Film Production - Page 2
E. "Studio" means a fixed place of business where filming activities, including
motion or still photography, are regularly conducted upon the premises.
5.51.030 Permit Requirements and Exemptions
No person, including students, shall use any public property, facility or residence
within the City for the purpose of Film Production without first applying for and
receiving a permit from the City, with the following exemptions:
A. News Media. The provisions of this Chapter shall not apply to or affect reporters,
photographers or cameramen in the employ of a newspaper, news service or
similar entity engaged in on-the-spot print media, publishing or broadcasting of
news events concerning those persons, scenes or occurrences which are in the
news and of general public interest.
B. Private Non-Commercial Video. Filming, videotaping or still photography solely
for private non-commercial use.
C. Studio Filming. Filming activities, motion or still photography conducted at a
studio.
D. Charitable or Student Films. Projects as defined in CMC 5.51.020(A) are exempt
from permit-related fees but still require a permit.
1. Nonprofit organizations desiring a film permit must complete an
application form and must provide a copy of their proof of tax-exempt
status.
2. Student film projects require students to supply a written certificate from
the school of their attendance stating that the filming project is an
assignment for their class and is not intended for commercial distribution.
E. City-sponsored Events. Film Production conducted or commissioned by the City,
or produced with City funding, sponsorship, or direction.
5.51.040 Permit Application and Fees
An Ordinance on Regulating Film Production - Page 3
A. The issuing authority shall be the City Manager or their designee. The City shall
only issue a permit if it is determined that at least the following criteria have
been met:
1. The proposed use will not unreasonably interfere with traffic or
pedestrian movement, or unreasonably interfere with or endanger the
public peace or rights of nearby residents and merchants to the quiet,
peaceable enjoyment of their property, or otherwise be detrimental to the
public peace, health, safety or general welfare;
2. The proposed use will not unduly impede, obstruct or interfere with the
operation of emergency vehicles or equipment in or through the permit
area, or adversely affect the City's ability to perform municipal functions
or furnish City services in the vicinity of the permitted area;
3. The proposed use will not constitute a fire or safety hazard and all proper
safety precautions will be taken as are reasonably necessary to protect the
public peace, health, safety or general welfare; and
B. A complete application for a filming permit shall be filed with the City at least
fourteen (14) calendar days prior to the date of the requested Film Production
activity, or, if such Film Production activity interferes with traffic or involves
potential public safety hazards, an application shall be submitted at least thirty
(30) calendar days in advance of commencement. In either case, the applicable
filing timelines may be adjusted from time to time as established by the City
Manager or his or her designee, with any such changes to be duly noted in the
permit application and on the City’s Official webpage. The City, in its sole
discretion, may have availability to process an urgent request for a permit within
three (3) business days, subject to staff availability. Any such expedited
processing shall incur an additional fee.
C. An application for a film permit shall be submitted on the City’s form and shall
include all information, materials, and documentation required by this Chapter,
including but not limited to (i) a certificate of insurance demonstrating
compliance with all insurance requirements set forth in this Chapter, and (ii)
evidence of any and all permits, approvals, or personnel required under the
CMC or other applicable laws to proceed with the proposed use. An application
An Ordinance on Regulating Film Production - Page 4
shall not be deemed complete until all required items have been submitted and
all information provided is accurate and complete. The City may require
supplemental information as reasonably necessary to evaluate the application
and ensure compliance with applicable local regulations.
D. A schedule of fees for City services and use of City property shall be established
as part of the City’s master fee schedule.
E. The City’s Communications and Marketing Coordinator, or such other staff
member as may be designated by the City Manager, shall serve as the primary
point of contact for the applicant.
F. The applicant shall obtain any required business license and encroachment
permit pursuant to CMC 5.04 et. seq. and 14.08 et. seq., respectively, from the
City’s respective departments. The applicant shall also coordinate with the City’s
Office of Emergency Management to secure any necessary public safety
personnel, including police and fire personnel, to assist with the Film
Production.
G. A filming permit shall be valid for the production period set forth in the
approved application. Upon the request of the applicant, the issuing authority
shall have the power, upon a showing of good cause, to change the date for
which the permit has been issued, provided applicant is in compliance with
established limitations to time and location.
5.51.050 Film Production Insurance, Liability and Indemnification
A. For Film Production on public property, including on the public right of way, a
permittee is required to carry commercial general liability and automobile
liability insurance and provide a certificate of insurance in an amount of at least
one million dollars ($1,000,000) per occurrence or higher, if required by the
permit, naming the City, its City Council, commissions, officers, employees,
agents and volunteers as additional insureds for protection against claims for
personal injury, wrongful death and/or property damage. The certificate shall not
be subject to cancellation or modification until after thirty (30) days' written notice
to the City. A copy of the certificate will remain available upon request by City.
Student applicants must conform to the provisions listed in this subsection by
An Ordinance on Regulating Film Production - Page 5
providing a certificate of insurance from their educational institution.
B. If the Film Production will involve the use of helicopters, cranes, lifts, aircrafts, or
other aerial vehicles or equipment, the applicant shall obtain additional insurance
coverage satisfactory to the City, including but not limited to aircraft liability
coverage or unmanned aircraft liability coverage, in an amount not less than five
million dollars ($5,000,000) per occurrence. The applicant shall provide the City
with a copy of the certificate of insurance as proof of coverage prior to the
commencement of any aerial filming activities. All aerial filming activities shall
comply with applicable federal, state, and local laws, including but not limited to
all regulations of the Federal Aviation Administration and any other governing
authority having jurisdiction over the operation of an aircraft.
C. An applicant shall conform to all applicable Federal and State requirements for
worker's compensation insurance for all persons operating under a Film
Production permit under this Chapter.
D. An applicant shall execute an indemnification and hold harmless agreement in a
form provided by the City prior to the issuance of a permit under this Chapter.
Such indemnification and hold harmless agreement may be incorporated into the
terms and conditions of the film permit.
E. To ensure cleanup and restoration of the site, an applicant may be required to
submit a refundable security deposit, in the amount to be determined by the City
Manager or their designee. Upon completion of filming and the City’s inspection
of the site and determination that the site has been restored to its prior condition,
the security deposit will be returned to the applicant.
5.51.060 General Requirements for Film Production
A. Notice. 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. Notwithstanding the foregoing, the City reserves
the right to impose additional notice requirements if, in the City's discretion,
extraordinary circumstances of the filming warrant additional notice. The City
Manager may waive some or all of the notification requirements contained in this
section.
An Ordinance on Regulating Film Production - Page 6
B. Filming Hours. The hours for filming are 7:00 a.m. to 10:00 p.m. 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. The
City Manager may waive the signature approval requirements contained in this
section.
C. No Interference. Filming shall not interfere with normal activities of any
neighborhood, such as refuse collection, street sweeping, gardening, deliveries or
ingress or egress to public or Private Property without permission of the
appropriate authority of the potentially impacted services.
D. Roadwork and Construction. Any roadwork or construction by City crews
and/or private contractors under permit or contract to the City or any other
public agency has priority over filming activities.
E. Inspections. The permittee must allow site inspections by City staff at any time.
A copy of the approved City license and permit must remain at the filming
location.
F. Crew Behavior. Cast and crew are to refrain from unscripted, off-camera
language that is loud or lewd within earshot of the general public.
G. Condition of the Site. The permittee shall conduct operations in a neat and
orderly fashion, and upon completion of filming, the area shall be cleaned of
trash and debris and restored to its original condition.
H. Oversight Personnel. The permittee shall ensure that any required personnel
pursuant to CMC 5.51.040(D)(3) are on site during filming.
I. At the City's request, a briefing between City staff and the permittee may be
required.
J. For filming that would impact public movement within the right-of-way, an
applicant must submit a traffic control and handling plan to the City for review
and approval. The plan shall consider:
1. The furnishing and installation of warning signs and any other traffic
control devices necessary for conformance with the California Department
of Transportation’s California Manual on Uniform Traffic Control devices.
An Ordinance on Regulating Film Production - Page 7
2. Use of Santa Clara County Sheriff’s personnel for traffic handling
assistance may be required, at the discretion of the City.
3. Traffic may be restricted to non-peak hour periods, depending upon
location and potential impacts to traffic.
4. Additional restrictions may apply for filming in the vicinity of schools.
5. Unless authorized by the City, camera cars must be driven in the direction
of traffic and must observe all traffic laws.
5.51.070 Permit Denial, Enforcement, and Revocation
A. The City shall deny the permit if the conditions of CMC 5.51 and any other
applicable laws or regulations have not been met or if the application contains
incomplete or false information.
B. The City may immediately revoke or suspend a permit which has been granted,
if the conditions of CMC 5.51 and all applicable laws and regulations are no
longer being met, if the information supplied by the applicant becomes or is
determined to be false or incomplete, or if any substantial change in
circumstances results in the proposed use becoming detrimental to the public
peace, health, safety or general welfare.
C. Upon revocation of a permit, the permittee may be prohibited from applying for
another permit for a period of one (1) year if it is determined by the City
Manager or City Attorney that the application was filed under false pretenses or
that future filming may be detrimental to the public peace, health, safety or
general welfare.
D. The City further reserves the right to initiate criminal, civil and/or administrative
penalties pursuant to CMC 1.12.010, depending upon the nature of the violation.
E. The City Manager, or designee, may waive or modify any requirement of this
Chapter upon determining that the waiver is in the public interest and consistent
with the purpose of this Chapter.
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, LAUREN SAPUDAR , City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby
certify the attached to be a true and correct copy of Ordinance
No. 26-2282 which was enacted on May 5, 2026, and that it
has been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this 15th day of May 2026.
____________________________________________
LAUREN SAPUDAR, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California