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SR 09-27-2022 12B City Council Report City Council Meeting: September 27, 2022 Agenda Item: 12.B 1 of 6 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services Subject: Adoption of a Resolution and a Public Hearing to Approve the Establishment of a Pedestrian Mall on a Portion of First Court between Santa Monica Boulevard and Arizona Avenue; and Introduction and First Reading of an Ordinance modifying section 3.36.150 formally declaring First Court Promenade as a pedestrian mall and prohibiting vehicular traffic thereon Recommended Action Staff recommends that the City Council: 1. Hold a public hearing, receive public comment, and approve establishment of a pedestrian mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue (“First Court Promenade”); and 2. Confirm the determination that the environmental impacts regarding the establishment of First Court Promenade were analyzed in the Final Environmental Impact Report certified by City Council on July 14, 2022; and 3. Adopt the attached resolution ordering the establishment of First Court Promenade. 4. Introduce an ordinance for first reading modifying section 3.36.150 of Chapter 3 of the Santa Monica Municipal Code to formally declare First Court Promenade as a pedestrian mall; and prohibit vehicular traffic thereon. Summary On May 24, 2022, the City Council adopted Resolution No. 11420 declaring its intention to establish a pedestrian mall in Santa Monica’s Downtown District along a southern portion of First Court between Santa Monica Boulevard and Arizona Avenue. A public hearing date of September 27, 2022 was set for this consideration. This proposed pedestrian mall is an integral part of the Ocean Avenue Project Development Agreement (“Project”) that was approved by the Council on July 14, 2022, and subsequently approved via Ordinance 2710 (CCS) on July 26, 2022. The proposed 12.B Packet Pg. 1078 2 of 6 pedestrian mall would remain as a public right-of-way that is designated for pedestrian use, improving the overall pedestrian experience, and would better integrate the Project into the larger Downtown multi-modal circulation network to further activate the western and northern edges of the Downtown area. As part of the Project, the northern portion of the First Court alley would also be reconfigured to maintain vehicular access, allowing exit onto 2nd Street. Background 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 establish pedestrian malls. The City of Santa Monica (“City”) used this law to establish the Third Street Mall in 1963 to create a pedestrian zone that has added to the vitality and vibrancy of Downtown Santa Monica. The Third Street Mall (the “Promenade”) has served the public interest during the past sixty years while allowing for better multi-modal circulation in the Downtown District. Discussion On May 24, 2022, the City Council adopted Resolution No. 11420 declaring its intention to establish a pedestrian mall in Santa Monica’s Downtown District along a southern portion of First Court between Santa Monica Boulevard and Arizona Avenue (the “First Court Promenade”). City Council considered and approved the Ocean Avenue Project Development Agreement on July 14, 2022. State law requires a public hearing to be held 90 days following the approved resolution of intention, thus the public hearing for final consideration would be held on September 27, 2022. This public hearing is required for Council to conduct a final determination to establish First Court Promenade as a pedestrian mall. A first reading of an ordinance (Attachment G) would establish a pedestrian mall, known as the First Court Promenade, and prohibit vehicles, except for emergency, utility, and/or maintenance/service vehicles. Key considerations for establishment of First Court Promenade as a pedestrian mall included confirming that the Project developer owns all property abutting the southern portion of First Court between Santa Monica Boulevard and Arizona Avenue. Once developed, that portion of First Court alley adjacent to the Project Site would be prioritized for pedestrian use by establishment of First Court Promenade as a 12.B Packet Pg. 1079 3 of 6 pedestrian mall. Once established, First Court Promenade would necessitate the rerouting of southbound vehicular travel on First Court to Second Street (rather than to Santa Monica Boulevard) via a new midblock, one-way, east-bound connection as depicted in Figure 1. This redirected portion of the public alley would be located on private property. With the establishment of the proposed pedestrian mall, First Court would remain a public right-of-way. The Developer is obligated to clean, repair and maintain the surface of the Pedestrian Mall and its improvements as provided in the Development Agreement for the Project. Figure 1 - Map showing the proposed pedestrian mall along First Court adjacent to Santa Monica Boulevard Process for Establishment of the Proposed Pedestrian Mall The pedestrian mall Act requires the City to notify the public, including potentially affected property owners and tenants, prior to the City Council’s ultimate decision whether to establish the pedestrian mall. 12.B Packet Pg. 1080 4 of 6 Council approved the Resolution of Intention to establish a pedestrian mall along First Court on May 24, 2022, which was the required first step in the process. The City recorded said document with the Los Angeles County Recorder Office (Attachment A). The public hearing date of September 27, 2022, was set for City Council to make a decision on the establishment of the proposed pedestrian mall, including hearing any protests or objections and claims relating to the establishment of the pedestrian mall. Public Outreach Following adoption of the Resolution of Intent to establish the pedestrian mall at the May 24, 2022 meeting, City staff provided notices of the proposed pedestrian mall and September 27, 2022 public hearing date, as further described, below. The City Engineer posted and mailed the approved Resolution of Intent, and recorded the Resolution of Intent with the County of Los Angeles Recorder, as required by Streets and Highways Code. Specific milestones include: 1. On June 6, 2022 - within the 30-day period following the May 24, 2022 City Council meeting - the Resolution of Intent was recorded with the Los Angeles County Recorder. 2. On June 23, 2022 - at least 90 days prior to the September 27, 2022 City Council public hearing - copies of the recorded notice were posted. 3. On July 28, 2022 - at least 45 days prior to the September 27, 2022 City Council public hearing - a public notice including a copy of the recorded Resolution of Intent was mailed to surrounding properties adjacent to the project site along Ocean Avenue, Arizona Avenue, 2nd Street and Santa Monica Boulevard. 4. In addition to the required noticing described above, a notice of public hearing was published in the Santa Monica Daily Press 10 days prior to the September 27, 2022 City Council public hearing. 5. A notice was emailed to utility companies on August 29, 2022. Other Considerations/Legal Requirements The City does not intend to form an assessment district to pay for the proposed 12.B Packet Pg. 1081 5 of 6 improvements, and instead would require the Project developer to improve and maintain the proposed pedestrian mall to the City’s satisfaction. Environmental Review The establishment of a proposed pedestrian mall is part of the Ocean Avenue Project Development Agreement that was analyzed under the California Environmental Quality Act (“CEQA”). At a public hearing on July 14, 2022, the City Council took the following actions: 1) Affirm that the Ocean Avenue Project is exempt from CEQA pursuant to Section 15182 of the California Environmental Quality Act (CEQA) Guidelines; 2) Certified the Final Environmental Impact Report (EIR) prepared for the Project in compliance with CEQA (Resolution 11442 (CCS)); and 3) Adopted a Statement of Overriding Considerations based upon the Final EIR and adopted a Mitigation Monitoring and Reporting Program; (Resolution 11443 (CCS)). Past Council Actions Meeting Date Description 06/12/2018 (Attachment B) Preliminary review and discussion of the updated design concept for a new mixed-use development project consisting of commercial, hotel, museum, and residential uses, including the retention and rehabilitation of two City- designated Landmark buildings at the property located at 101 Santa Monica Boulevard (Development Agreement Application 13DEV-004) 05/24/2022 (Attachment C) Adoption of a Resolution Declaring Intention to Establish a pedestrian mall on a Portion of First Court Between Santa Monica Boulevard and Arizona Avenue. 07/14/2022 and 7/26/2022 (Attachments D and E) Adoption of Resolutions and Introduction and First Reading of an Ordinance to approve the Ocean Avenue Project Development Agreement on July 14, 2022; Adoption of Ordinance 2710 (CCS) on Second Reading approving the Ocean Avenue Project Development Agreement on July 26, 2022. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended actions. Future surface improvements to the area proposed for 12.B Packet Pg. 1082 6 of 6 pedestrian mall designation and proposed pedestrian protection devices (such as bollards) would be installed and maintained by the developer. The developer would maintain the proposed pedestrian mall pursuant to the terms of the development agreement and maintenance agreement for the Project. Prepared By: Joshua Carvalho, Civil Engineer Approved Forwarded to Council Attachments: A. Recorded Resolution of Intention to Establish a Pedestrian Mall B. June 12, 2018 City Council Meeting C. May 24, 2022 City Council Meeting D. July 14, 2022 City Council Meeting E. July 26, 2022 City Council Meeting F. Resolution for the Establishment of a Pedestrian Mall G. Ordinance modifying section: 3.36.150 H. Written Comment 12.B Packet Pg. 1083 12.B.a Packet Pg. 1084 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1085 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1086 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1087 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1088 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1089 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1090 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1091 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1092 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1093 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 12.B.a Packet Pg. 1094 Attachment: Recorded Resolution of Intention to Establish a Pedestrian Mall (5295 : Adoption of a Resolution and Public Hearing to establish a 1 City Council Meeting: September 27, 2022 Santa Monica, California RESOLUTION NO. ____ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING 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 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 12.B.f Packet Pg. 1095 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 2 “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 landmarks 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, (the “Re-Routed 12.B.f Packet Pg. 1096 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 3 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 described and 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 terms of a Development Agreement for the Project and an associated maintenance agreement for the First Court Promenade; and 12.B.f Packet Pg. 1097 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 4 WHEREAS, the City has complied with the noticing procedures required by the Pedestrian Mall Law for the establishment of a pedestrian mall; and WHEREAS, on September 27, 2022, the City Council held a duly noticed public hearing 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, the City has not received any written objections from landowners representing a majority of the frontage of the proposed First Court Promenade; and WHEREAS, after considering all protests and objections, if any, the City Council desires to adopt this resolution, establishing the First Court Promenade. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. Pursuant to the Pedestrian Mall Law, the City Council establishes the First Court Promenade located on a portion of First Court between Santa Monica Boulevard and Arizona Avenue, a general description of which is as follows: Fist Court between the northwesterly line of Santa Monica Boulevard and a parallel line approximately 141 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 as shown on Exhibit B, subject to the conditions stated herein. 12.B.f Packet Pg. 1098 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 5 SECTION 3. Santa Monica Boulevard and the portion of First Court located between Santa Monica Boulevard and Arizona Avenue (the “Remaining First Court”) are the only “intersecting streets," as defined Streets and Highways Code Section 11008. SECTION 4. The intersection of First Court and Santa Monica Boulevard is the only “mall intersection,” as defined in Streets and Highways Code Section 11007. East- west vehicular access along Santa Monica Boulevard will remain open. SECTION 5. The City Council determines that the public interest and convenience require the establishment of the proposed First Court Promenade and that vehicular traffic will not be unduly inconvenienced thereby because alternative vehicular travel will be provided via the Re-Routed First Court prior to implementation of the First Court Promenade. SECTION 6. The City Council intends to adopt an ordinance prohibiting vehicular travel on the proposed First Court Promenade 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 First Court Promenade will be paid solely from funds provided by the Project Developer. SECTION 8. 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: ____________________ DOUGLAS SLOAN City Attorney 12.B.f Packet Pg. 1099 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 6 Adopted and approved this ___ day of _______ 2022. ___________________ Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. _____ (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the ___ day of ______ 2022, by the following vote: AYES: NOES: ABSENT: ATTEST: _____________________________ Denise Anderson-Warren, City Clerk 12.B.f Packet Pg. 1100 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 7 EXHIBIT A LEGAL DESCRIPTION OF PROPOSED FIRST COURT PROMENADE 12.B.f Packet Pg. 1101 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 8 12.B.f Packet Pg. 1102 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 9 EXHIBIT B MAP OF PROPOSED FIRST COURT PROMENADE 12.B.f Packet Pg. 1103 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 10 12.B.f Packet Pg. 1104 Attachment: Resolution for the Establishment of a Pedestrian Mall [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish 1 City Council Meeting: September 27, 2022 Santa Monica, California ORDINANCE NO. ____ (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 12.B.g Packet Pg. 1105 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 2 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 12.B.g Packet Pg. 1106 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 3 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 12.B.g Packet Pg. 1107 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 4 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. _____ (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. 12.B.g Packet Pg. 1108 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 5 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 12.B.g Packet Pg. 1109 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 6 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 12.B.g Packet Pg. 1110 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 7 Adopted and approved this ___ day of _______ 2022. ___________________ Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. _____ (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the ___ day of ______ 2022, by the following vote: AYES: NOES: ABSENT: ATTEST: _____________________________ Denise Anderson-Warren, City Clerk 12.B.g Packet Pg. 1111 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 8 EXHIBIT A LEGAL DESCRIPTION OF PROPOSED FIRST COURT PROMENADE 12.B.g Packet Pg. 1112 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 9 12.B.g Packet Pg. 1113 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 10 EXHIBIT B MAP OF PROPOSED FIRST COURT PROMENADE 12.B.g Packet Pg. 1114 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 11 12.B.g Packet Pg. 1115 Attachment: Ordinance modifying section: 3.36.150 [Revision 1] (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian 1 Vernice Hankins From:Janna Boelke <JannaB@worthe.com> Sent:Monday, September 26, 2022 11:59 AM To:Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; councilmtgitems Cc:Roxanne Tanemori; David Martin; Joshua Carvalho; Jeff Worthe Subject:Re: Agenda Item 12.B, Establishment of Pedestrian Mall in Connection with Ocean Avenue Hotel Project EXTERNAL This email is being sent on behalf of Jeff Worthe.  Mayor Himmelrich and Honorable Councilmembers –   As you know, on June 14, 2022, after many years of community input and with overwhelming public support, the Council  unanimously (6‐0) approved the Development Agreement for our Frank Gehry‐designed Ocean Avenue Project). An  important component of the Project is creation of ground‐level open spaces that enhance the pedestrian experience  into and throughout the Project. This includes re‐routing vehicular traffic through a new alley to be located on the  northern side of the Project Site to 2nd Street and the creation of a walkable First Court Promenade (a "pedestrian  mall") on the southern portion of First Court Alley leading to Santa Monica Blvd. You have already approved the Project  including this concept, and the next step is to approve the resolution and ordinance required to establish the pedestrian  mall.   As detailed in the Staff Report, the proposed pedestrian mall will significantly enhance the pedestrian experience by  eliminating conflicts between vehicles and pedestrians on this very active segment of Santa Monica Boulevard between  2nd Street and Ocean Avenue. Please also note that we have agreed to be financially responsible for all construction and  ongoing maintenance costs for the First Court Promenade and the new alley connecting to 2nd Street (as documented in  the development agreement).   We sincerely appreciate the City Council’s ongoing support for the Project and its recognition of the benefits it will bring  to the City of Santa Monica. Thanks for your consideration of this important next step to implement the Project.  Jeff Worthe  Janna M. Boelke | Vice President, Business & Legal Affairs Worthe Real Estate Group 100 Wilshire Blvd Suite 1600 Santa Monica, CA 90401 o (310) 393-9653 JannaB@worthe.com | worthe.com Item 12.B 09/27/22 1 of 1 Item 12.B 09/27/22 12.B.h Packet Pg. 1116 Attachment: Written Comment (5295 : Adoption of a Resolution and Public Hearing to establish a pedestrian mall on 1st Ct)