R11420City Council Meeting: May 24, 2022 Santa Monica, California
RESOLUTION NO. 11420 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO ESTABLISH A PEDESTRIAN MALL ON A PORTION
OF FIRST COURT BETWEEN SANTA MONICA BOULEVARD AND ARIZONA
AVENUE, IN THE CITY OF SANTA MONICA, CALIFORNIA
WHEREAS, the Pedestrian Mall Law of 1960, California Streets and Highways
Code Sections 11000 et seq. (the "Pedestrian Mall Law"), authorizes municipalities to
close streets to vehicular traffic and to establish pedestrian malls; and
WHEREAS, the City of Santa Monica ("City") established the Third Street Mall in
1963 to create a pedestrian zone that has added to the vitality and vibrancy of
Downtown Santa Monica and which has served the public interest and not unduly
inconvenienced vehicular traffic; and
WHEREAS, the City's Land Use and Circulation Element of its General Plan (the
"LUCE") designates the properties located in Santa. Monica's Downtown District on the
north side of Santa Monica Boulevard between Ocean Avenue and Second Street
commonly known as 101 Santa Monica Boulevard, 1337 Ocean Avenue, 1333 Ocean
Avenue, 1327 Ocean Avenue and 129 Santa Monica Boulevard (the "Project Site") as a
site to focus new investment given its accessibility to transit and ability to accommodate
mixed-use development, contribute to the pedestrian -oriented environment, and support
substantial community benefits (LUCE Policy D1,5); and
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WHEREAS, the LUCE states to "[p]rioritize pedestrian environment above all
other modes" in the Downtown District (LUCE, p. 4.0-18) and LUCE Policy B4.14 is to
"discourage north -south alley access to Santa Monica Boulevard and explore alternative
routing;" and
WHEREAS, LUCE Policy D9.6 is to "improve the aesthetic appearance of the
alleys, and where appropriate incorporate the alleys into the pedestrian system;" and
WHEREAS, the City's Downtown Community Plan ("DCP"), a specific plan
governing the Downtown District, designates the Project Site as one of three
Established Large Sites that have the potential to accommodate significant new
development and provide significant community benefits (DCP p. 30 and Illustration 4.1
Downtown Districts, p. 174); and
WHEREAS, BELLE VUE PLAZA, a California limited partnership, and OCEAN
AVENUE PARTNERS, LLC, a Delaware limited liability company, collectively the
owners of the Project Site ("Project Developer") has proposed to develop the Project
Site with a mixed-use housing, hotel, cultural uses, and retail/restaurant project, which
incorporates two City -designated landmark and includes publicly -accessible open space
(the "Project"); and
WHEREAS, the Project Site is located on both the west and east side of First
Court, an approximately 20' -wide, north -south public alley connecting Arizona Avenue
(on the north) to Santa Monica Boulevard (on the south) that currently allows for one-
way vehicular travel southbound from Arizona Avenue to Santa Monica Boulevard; and
WHEREAS, the Project proposes to re-route southbound vehicular travel on First
Court to Second Street (rather than Santa Monica Boulevard) via a new east -west
public alley to be located on the northern portion of the Project Site pursuant to the
terms of a Development Agreement for the Project and an easement agreement for the
Re -Routed First Court public alley; and
WHEREAS, in order to facilitate pedestrian access in the public right-of-way
adjacent to the Project Site, the City of Santa Monica declares its intention to establish a
new pedestrian mall on a portion of First Court adjacent to the Project Site, between
Santa Monica Boulevard and Arizona Avenue, as shown on Exhibit A (the `Pedestrian
Mall'); and
WHEREAS, consistent with LUCE and DCP policies, the proposed Pedestrian
Mall would (a) allow for uninterrupted pedestrian access on the north sidewalk along
Santa Monica Boulevard between Second Street and Ocean Avenue and (b) connect to
a publicly -accessible pedestrian paseo in the Project providing pedestrian access
through the Project between Ocean Avenue and Santa Monica Boulevard as well to the
elevators for the publicly -accessible observation deck pursuant to the terms of a
Development Agreement for the Project; and
WHEREAS, east -west through traffic on both Santa Monica Boulevard and
Arizona Avenue will be maintained; and
WHEREAS, the City of Santa Monica does not intend to form an assessment
district to pay for the proposed improvements and instead will require the Project
Developer to improve and maintain the proposed Pedestrian Mall pursuant to the terms
of a Development Agreement for the Project and an associated maintenance agreement
for the Pedestrian Mall; and
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WHEREAS, the City of Santa Monica will hold a duly noticed public hearing as
set forth below to hear protests and objections to the establishment of the proposed
Pedestrian Mall and to review any claims of damages from those holding any legal or
equitable interest in any real property which might suffer legal damage by reason of the
establishment of the proposed Pedestrian Mall.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA,,
DOES RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Pursuant to the Pedestrian Mall Law, the City Council declares its
intention to establish the Pedestrian Mall located on a portion of First Court between
Santa Monica Boulevard and Arizona Avenue, a general description of which is as
follows: First Court between the northwesterly line of Santa Monica Boulevard and a
parallel line approximately 160 feet northwesterly and 20 feet wide; and an area of
approximately 20 feet south of the northwesterly line of Santa Monica Boulevard 30 feet
wide as shown on Exhibit A, subject to the conditions stated herein.
SECTION 3. There are no "intersecting streets," as defined Streets and
Highways Code Section 11008.
SECTION 4. There is no "mall intersection," as defined in Streets and Highways
Code Section 11007.
SECTION 5. The City Council determines that the public interest and
convenience require the establishment of the proposed Pedestrian Mall and that
vehicular traffic will not be unduly inconvenienced thereby because alternative vehicular
.travel will be provided prior to implementation of the Pedestrian Mall.
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SECTION 6. The City Council intends to adopt an ordinance prohibiting vehicular
travel on the proposed Pedestrian Mall except for emergency, utility, and/or
maintenance/service vehicles.
SECTION 7. Damages, if any, allowed or awarded to any property owner by
reason of the establishment of the proposed Pedestrian Mall will be paid solely from
funds provided by the Project Developer.
SECTION 8. City has no obligation and does not intend to establish the
Pedestrian Mall without the Project Developer's legal commitment to pay such
damages, if any, allowed or awarded to any property owner by reason of the
establishment of the proposed Pedestrian Mall.
SECTION 9. The City Council will hold a public hearing on September 27, 2022,
at 6:30 p.m. at the Santa Monica City Hall, City Council Chambers, 1685 Main Street,
Santa Monica, California, or via a remote public meeting if required due to the on-going
COVID-19 public health emergency, where the City Council will hear protests and
objections to the establishment of the proposed Pedestrian Mall. Any and all persons
having any objection to the establishment of the proposed Pedestrian Mall may file a
written protest with the City Clerk of the City of Santa Monica at any time not later than
6:30 p.m. on September 27, 2022.
SECTION 10. Notice is hereby given that any person owning or having any legal
or equitable interest in any real property which might suffer legal damage by reason of
the establishment of the proposed Pedestrian Mall may file a written claim of damages
with the City Clerk of the City of Santa Monica at any time not later than 6:30 p.m. on
September 27, 2022. Such written claim must describe the real property as to which the
claim is made, must state the exact nature of the claimant's interest therein, must state
the nature of the claimed damage thereto, and must state the amount of damages
claimed. Failure to file such written claim within the time provided shall be deemed a
waiver of any claim for damages or compensation and shall operate as a bar to any
subsequent action seeking to prevent the establishment of the proposed Pedestrian
Mall or to recover damages on account of such establishment. Furthermore, the filing of
such a claim shall operate as a bar in any subsequent action to the recovery of any
damages or compensation in excess of the amount stated in such claim.
SECTION 11. The City Engineer of the City of Santa Monica hereby is directed to
cause this Resolution to be posted, mailed and recorded as required by Streets and
Highways Code Sections 11301,11302, and 11302.5, respectively.
SECTION 12. The City Clerk shall certify the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
SUSAN Y. CO A
Interim City Attorney
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Adopted and approved this 241h day of May 2022.
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I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11420 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 24th day of May 2022, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
ATTEST:
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Denise Anderson -Warren, City Clerk