O27251
City Council Meeting: October 25, 2022 Santa Monica, California
ORDINANCE NO. 2725 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING SECTION 3.36.150 OF CHAPTER 3 OF THE SANTA MONICA
MUNICIPAL CODE, TO ESTABLISH THE FIRST COURT PROMENADE ON A
PORTION OF FIRST COURT BETWEEN SANTA MONICA BOULEVARD AND
ARIZONA AVENUE, IN THE CITY OF SANTA MONICA, CALIFORNIA AS A
PEDESTRIAN MALL; AND PROHIBIT VEHICULAR TRAFFIC THEREON
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
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public alley to be located on the northern portion of the Project Site, (the “Re-Routed
First Court”) 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, on May 24, 2022, the City council declared 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 Exhibits A and B
(the “First Court Promenade”); and
WHEREAS, on July 26, 2022, the City Council approved the Development
Agreement for the Project; and
WHEREAS, consistent with LUCE and DCP policies, the First Court Promenade
will (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 the
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 First Court Promenade pursuant to the
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terms of a Development Agreement for the Project and an associated maintenance
agreement for the Pedestrian Mall; and
WHEREAS, on September 27, 2022, the City Council held a duly noticed public
hearing as set forth below to hear protests and objections to the establishment of the
proposed First Court Promenade 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 First Court Promenade; and
WHEREAS, after considering all protests and objections, if any, the City Council
adopted Resolution No. 11466 (CCS), establishing the First Court Promenade.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Section 3.36.150 of the Santa Monica Municipal Code is amended,
as follows:
3.36.150 Pedestrian mall.
A. The Council does hereby declare and determine that a pedestrian mall, known
as the Third Street Promenade, is finally established under the Pedestrian Mall Law of
1960, and that a general description of said pedestrian mall is as follows:
Third Street between the southeasterly line of Wilshire Boulevard and the
northwesterly line of Arizona Avenue, and between the southeasterly line of Arizona
Avenue and the northwesterly line of Santa Monica Boulevard and between the
southeasterly line of Santa Monica Boulevard and the northwesterly line of Broadway.
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B. The Council does hereby declare and determine that a pedestrian mall, known
as the First Court Promenade, is finally established under the Pedestrian Mall Law of
1960, and that a general description of said pedestrian mall 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 ft south of the northwesterly line of Santa Monica Boulevard 30 feet
wide.
C. No vehicles shall be permitted on the First Court Promenade, except for
emergency, utility, and/or maintenance/service vehicles.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
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official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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EXHIBIT A
LEGAL DESCRIPTION OF PROPOSED FIRST COURT PROMENADE
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EXHIBIT B
MAP OF PROPOSED FIRST COURT PROMENADE
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Approved and adopted this 25th day of October, 2022.
_____________________________
Kristin McCowan, Mayor Pro Tem
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2725 (CCS) had its introduction
on September 27, 2022 and was adopted at the Santa Monica City Council
meeting held on October 25, 2022, by the following vote:
AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra,
Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2725 (CCS) was duly published pursuant to
California Government Code Section 40806.
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11/8/2022