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CC - PUBLIC HEARING: Introduction of an Ordinance Approving City-Initiated Zoning Code Amendment P2024-0083-ZCA Amending Title 17 Zoning Sections: 17.330.015 - Definitions, 17.330.040 - Signs in the Public Right of Way, and 17.700.010 - Definitions of Specialized Terms and Phrases Related to Digital Wayfinding Kiosks on Public Property; and a Categorical Exemption Pursuant to CEQA Guidelines Sections 15303 (Class 3 Exemption) and 15304 (Class 4 Exemption).
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Meeting Date: June 10, 2024
Contact Person/Dept: Elaine Gerety Warner/ City Manager’s Office
Emily Stadnicki/ Planning and Development Department
Phone Number: (310) 253-5777
(310) 253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Attachments: Yes [X] No [ ]
Public Notification: (E-Mail) Meetings and Agendas - City Council (06/06/2024), (Posted) City website (05/24/2024); Gov Delivery (05/24/2024); (Published in) Culver City News (05/23/2024).
Department Approval: Mark Muenzer, Planning and Development Director (05/24/2024).
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RECOMMENDATION
Staff recommends the City Council introduce an ordinance approving City-initiated Zoning Code Amendment P2024-0083-ZCA amending Sections: 17.330.015 - Definitions, 17.330.040 - Signs in the Public Right-of-Way, and 17.700.010 - Definitions of Specialized Terms and Phrases, of the Culver City Municipal Code (CCMC) as it relates to digital wayfinding kiosks on public property (Case No: P2024-0083-ZCA).
PROCEDURES
1. The Mayor seeks a motion to receive and file the affidavit of publication and posting of the public hearing notice.
2. The Mayor calls on staff for a brief staff report and City Council poses questions to staff.
3. The Mayor seeks a motion to declare the public hearing open and the City Council receives public comment.
4. The Mayor seeks a motion to close the public hearing after all testimony has been presented.
5. The City Council discusses the matter and arrives at its decision.
BACKGROUND
On November 8, 2021, the City Council directed staff to release a Request for Information (RFI) relative to the inclusion of interactive kiosks in strategic locations throughout the City. The purpose of the RFI was to understand the value of providing real-time interactive information such as transportation services, City meetings, special events, facilities, classes, local businesses, weather, and emergency updates. The RFI was released in January 2022. Four firms responded, with two providing prototypes suitable for an outdoor environment: Ike Smart City and Soofa.
In April 2023, the Economic Development Subcommittee (Council Members Eriksson and Vera) (“Subcommittee”) reviewed the options and directed staff to invite both firms to present their prototypes via two community meetings. The purpose of the community meeting was not to identify a particular model or style but rather to invite a high-level discussion as to whether digital kiosks would be an asset to the City. Two community meetings were held in August 2023. Ike Smart City attended with a working prototype and provided information about their model. Soofa was unable to attend, but information about their unit was made available.
Staff presented an overview of the community feedback to the Subcommittee on October 3, 2023. Public comment during the meeting included requests that local businesses receive priority advertising via a tiered structure, that the kiosks display artwork by local artists, that maintenance considerations be included for the long term, and that kiosk locations be included near transit hubs. During that meeting comments also included concerns regarding the number of potential kiosks installed and the impact on pedestrian and public space.
On October 23, 2023, the City Council directed staff to pursue an amendment to the Sign Ordinance to allow for a digital kiosk program on a separate track from the comprehensive update to the Sign Ordinance (the City Council staff report and minutes are attached as Attachments 2 and 3, respectively). The City Attorney’s Office reviewed pertinent sections of the Zoning Code and prepared limited proposed amendments to the Sign Ordinance to allow the City to consider an interactive digital wayfinding kiosk program on public property.
DISCUSSION
City staff and the City Attorney’s Office have prepared proposed amendments to the Sign Ordinance that would allow the City to consider an interactive digital wayfinding kiosk program to be installed on public property. The kiosks would be permitted to provide public information and other messaging selected by the City and may include commercial advertising.
The following is a summary of the proposed amendments, which are further detailed in the proposed ordinance (Attachment 1):
• Create a new definition for “public property” to clarify that this includes facilities and structures owned or controlled by the City
• Create a definition for “wayfinding kiosk”
• Delete references to the Redevelopment Agency in section 17.330.040
• Establish wayfinding kiosks as a permissible use, so long as they are installed pursuant to an agreement with the City.
The Planning Commission considered the proposed amendments at the April 24, 2024 Planning Commission meeting. Individual Planning Commissioners had various comments about the proposed amendments, including the following:
• Support for showing media and art generated by CCUSD students on the kiosks
• Support for sharing local information
• Desire to continue prohibiting billboards in Culver City
• Desire to limit the number of kiosks
• Desire to limit the size of the screens on the kiosks
• Desire to conduct more public outreach regarding kiosks
• Opposition to kiosks due to limited space on public sidewalks and public areas
• Opposition to kiosks due to potential oversaturation in Culver City
• Opposition to kiosks due to concern about traffic distractions
• Opposition to kiosks due to the potential proliferation of advertising in Culver City
There was a failed motion (2-3) by the Planning Commission that sought to recommend the City Council approve the amendment with five modifications: (1) limiting the size of the screen on a kiosk to 15 square feet, (2) modifying the definition of kiosk to be similar to the City of Houston’s definition of “interactive wayfinding kiosk”, (3) prohibiting animated signs and moving video on the kiosks, (4) prohibiting audio in the commercial advertising, and (5) establishing limitations on the frequency with which advertisements can be cycled through.
Ultimately, the Planning Commission voted 3-2 to recommend the City Council deny the amendment. The Planning Commission Resolution recommending denial was based on the unknown impacts related to the kiosks, including the unknown number of kiosks and the unknown specific location of the kiosks. The minutes from the April 24, 2024 Planning Commission meeting are attached as Attachment 4 and the Planning Commission resolution is attached as Attachment 5.
If the proposed amendments are adopted by the City Council, the next step would be to issue a Request for Proposals for kiosk companies. The City Council would then, potentially, enter into an agreement with a kiosk company to install digital wayfinding kiosks on public property.
PUBLIC OUTREACH
CCMC Section 17.630.010 requires public notification via a publication in the Culver City News, a minimum of fourteen (14) days prior to the formal Public Hearing. Accordingly, a public notice was published on May 23, 2024, and posted on the City website and distributed electronically via GovDelivery on May 24, 2024. As of the writing of this report, staff has not received any public comments, in writing or any other form, regarding the proposed Zoning Code Amendment in response to the public notice.
ENVIRONMENTAL DETERMINATION
The proposed Zoning Code Amendment, P2022-0357-ZCA, is considered exempt from CEQA pursuant to CEQA Guidelines Section 15303 (Class 3 Exemption), because this amendment would allow the construction and location of limited numbers of new, small facilities or structures, and CEQA Guidelines Section 15304 (Class 4 Exemption), because this amendment would allow for minor alterations to public land.
FISCAL ANALYSIS
There is no fiscal impact from the introduction of the ordinance.
ATTACHMENTS
1. 2024-06-10_Att 1 - Proposed Ordinance
2. 2024-06-10_Att 2 - October 23, 2023 City Council Staff Report
3. 2024-06-10_Att 3 - October 23, 2023 City Council Meeting Minutes
4. 2024-06-10_Att 4 - April 24, 2024 Planning Commission Minutes
5. 2024-06-10_Att 5 - April 24, 2024 Planning Commission Resolution
MOTION
That the City Council:
Introduce an Ordinance adopting Zoning Code Amendment P2024-0083-ZCA modifying Sections: 17.330.015 - Definitions, 17.330.040 - Signs in the Public Right-of-Way, and 17.700.010 - Definitions of Specialized Terms and Phrases, of the Culver City Municipal Code (CCMC) as it relates to digital wayfinding kiosks on public property and a Categorical Exemption CEQA Guidelines Sections 15303 (Class 3 Exemption) and 15304 (Class 4 Exemption).