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CC - ACTION ITEM: (1) Discussion and Direction Regarding a Request from Unibail-Romanco-Westfield (“Westfield”) to Amend the Design for Development to Broaden the Definition of Allowable Signage to Include Off-Premises Advertising, and Potential Amendments to the Sign Ordinance; and (2) If Desired, Creation of an Ad Hoc Signage Subcommittee and Appointment of Two Council Members thereto.
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Meeting Date: October 23, 2023
Contact Person/Dept: Elaine Gerety Warner/ Economic and Cultural Development Department
Phone Number: (310) 253-5708
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Attachments: []
Public Notification: (E-Mail) Meetings and Agendas - City Council (10/17/2023)
Department Approval: Jesse Mays, Assistant City Manager (10/04/2023)
RECOMMENDATION
Staff recommends City Council (1) discuss and provide direction regarding a request from Unibail-Romanco-Westfield (“Westfield”) to amend the Design for Development to broaden the definition of allowable signage to include off-premises advertising, and potential amendments to the Sign Ordinance; and (2) if desired, create an Ad Hoc Signage Subcommittee and appoint two Council Members thereto.
BACKGROUND
On September 11, 2023, representatives from Westfield requested to amend the Design for Development to broaden the definition of allowable signage to include off-premises advertising. Off-premises advertising (referred to as “off-site signs” in the City’s Sign Ordinance) are specifically prohibited under the City’s current Sign Ordinance. The City Council directed this request to the Economic Development Subcommittee (Mayor Vera and Council Member Eriksson) for discussion.
The City Council approved the Westfield Design for Development (“DFD”) in 2007 allowing on-premises commercial advertising associated with the Westfield Culver City site. The DFD establishes appropriate regulations for all signage and graphics located on the interior and exterior of the building relative to quantity, size, height, location, color construction materials, lighting, and other design details.
The objective of the DFD is to provide business visibility from the adjacent freeway while protecting surrounding residential area views. Currently, the DFD allows for static imagery for the businesses located within the Mall and/or services rendered/goods produced or sold on premises. A sign which advertises a brand name, trade name, product, or service only incidental to the businesses or services conducted or operating at the Mall is not permitted.
Staff met with the Economic Development Subcommittee on October 3, 2023, to receive a presentation from Westfield regarding its request to allow off-site advertising by broadening the eligible content for exterior signage beyond the goods/services provided on site and allowing more flexibility to feature other brands/retailers (Attachment 1). Westfield is not proposing to modify other provisions of the DFD relative to the size, location, or display of the existing signage or to modify the approved revenue sharing structure. Westfield is requesting the City’s approval to advertise off-site retailers/entertainment in order to meet Westfield’s deadline to advance its request to the State legislature in January 2024, as specific state legislation is also required to allow off-site advertising for signs that are visible from California highways (in this case, the 405 freeway). Public comment received during the Economic Development Subcommittee meeting noted a general dislike for the large format signs and for some previous content displayed at Westfield.
DISCUSSION
Culver City Municipal Code (CCMC) Chapter 17.330 - Signs (Sign Ordinance) generally prohibits off-site signs, defined as “any sign with a message that does not relate directly to an active use of the premises on which it is displayed.” Consistent with the Sign Ordinance, the DFD allows advertising of on-premises services and goods, but excludes the advertising of incidental goods and services, as described above.
The DFD is a complex document that was negotiated extensively to allow Westfield and the City to promote on-site businesses, while complying with the City’s Sign Ordinance. To consider a request to allow off-site advertising (by broadening the allowable content of the signs beyond on-premises good and services) would require an amendment to the Sign Ordinance. While Westfield has offered to contribute legal expertise to this endeavor, significant work by City staff and the City Attorney’s Office, including managing potential consultants, organizing a community input process, and legal review, would be required to thoroughly evaluate this request and assess its related impacts, and will require de-prioritization of other projects.
If City Council is interested in exploring amending the DFD and the Sign Ordinance in relation to Westfield’s request this could potentially be accomplished per the options below:
1. Explore the feasibility of expanding the scope of work with the consultant conducting the Comprehensive Sign Ordinance Update to include a discussion of off-site signage; or
2. Pursue an amendment to the Sign Ordinance to consider off-site signage on a separate track from the Comprehensive Sign Ordinance Update, which would require external consultation; and
For either of the above options, the City Council may also wish to consider creating an Ad Hoc Signage Subcommittee to address off-site signage relative to Westfield and other off-site signage programs (i.e., kiosks).
Conversely, the City Council may also decide to deny Westfield’s request to amend the DFD at this time.
In considering these options, the Economic Development Subcommittee recommends that the City Council direct staff to explore an amendment to the DFD and Sign Ordinance on a separate track from the Comprehensive Sign Ordinance Update. The Subcommittee noted that expanding the signage program could serve to support the Mall’s long term financial viability and protect a unique retail and community center.
If the City Council directs staff to move forward with amendments to the Sign Ordinance, staff will work with the City Attorney’s Office to ensure any potential legal issues associated with such amendments are considered and addressed.
FISCAL ANALYSIS
Fiscal impact is unknown and dependent upon the direction of City Council. The City will require assistance from consultants to study any amendments to the Sign Ordinance Update and negotiate new provisions of the DFD.
ATTACHMENTS
1. Attachment 1- Westfield DFD Amendment Request
MOTIONS
That the City Council:
Discuss and provide direction on whether or not to explore an amendment to the Westfield DFD and, if desired:
1. Provide direction on whether to explore an expanded scope of work with the consultant conducting the Comprehensive Sign Ordinance Update to include potential amendments to allow for off-site signage; or,
2. Provide direction to pursue an amendment to the Sign Ordinance to consider off-site signage on a separate track from the Comprehensive Sign Ordinance Update, which may require external consultation; and,
3. Create an Ad Hoc Signage Subcommittee to address off-site signage requests and appoint two Council Members thereto.