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SR 05-24-2022 3D City Council Report City Council Meeting: May 24, 2022 Agenda Item: 3.D 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 Declaring Intention to Establish a Pedestrian Mall on a Portion of First Court Between Santa Monica Boulevard and Arizona Avenue Recommended Action Staff recommends that the City Council: 1. Adopt a Resolution of Intent declaring the Council’s intent to establish a Pedestrian Mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue; 2. Adopt the determination that the action to approve the Resolution of Intent to establish the Pedestrian Mall is exempt pursuant to CEQA Guideline 15061 (b)(3); and 3. Set a public hearing for September 27, 2022 to consider the establishment of the proposed Pedestrian Mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue. Summary 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. Under the Pedestrian Mall Law, the City may consider establishing a pedestrian mall along a southern portion of First Court between Santa Monica Boulevard and Arizona Avenue (the “Pedestrian Mall”). If approved, the Pedestrian Mall would remain as a public right-of-way designated for pedestrian use. Adoption of a Resolution of Intent is the first step in the process for establishment of a pedestrian mall under the Pedestrian Mall Law. The Resolution of Intent sets a public hearing date of September 27, 2022 for the consideration of the 3.D Packet Pg. 56 2 of 6 establishment of the Pedestrian Mall. As required by law, the City must provide a 90- day notice of the public hearing. If adopted by Council, a public Notice of Intent to establish the Pedestrian Mall and to close the portion of First Court to vehicle traffic would be recorded and posted on the impacted alley segments and mailed to the public. 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, and it has served the public interest and not unduly inconvenienced vehicular traffic. The City’s Land Use and Circulation Element of its General Plan (the “LUCE”) adopted in 2010 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) as a project site (referenced hereinafter as “the Project Site”) to attract 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). The LUCE prioritizes the pedestrian environment above other modes of travel in the Downtown District and discourages north – south alley access to and from Santa Monica Boulevard in an effort to explore alternate routing (LUCE Policy B4.14 and p. 4.0-18). The LUCE also strives for the City to improve the aesthetic appearance of the alleys and incorporate the alleys into the pedestrian system when and where appropriate (LUCE Policy D9.6). Discussion Purpose for a Proposed Pedestrian Mall A development agreement application is pending for a mixed-use development on the Project Site. Key considerations for considering establishment of the Pedestrian Mall 3.D Packet Pg. 57 3 of 6 included that the owner owns all property abutting the portion of First Court, a public alley that currently allows for one-way vehicular travel southbound from Arizona Avenue to Santa Monica Boulevard and proposed for closure. If developed, that portion of First Court alley adjacent to the Project Site could be prioritized for pedestrian use by establishment of the Pedestrian Mall. If established, the Pedestrian Mall would necessitate the rerouting of southbound vehicular travel on First Court to Second Street (rather than to Santa Monica Boulevard) via a new mid- block, one-way, east-bound connection as depicted in Figure 1. This redirected portion of the public alley would be located on private property. Figure 1 – Map showing the proposed Pedestrian Mall along First Court adjacent to Santa Monica Boulevard As the result of these discussions, City Staff recommends the establishment of a Pedestrian Mall on the relevant portion of First Court alley pursuant to the Pedestrian 3.D Packet Pg. 58 4 of 6 Mall Law of 1960 (Streets & Highways Code Sections 11000, et seq.). By establishing the proposed Pedestrian Mall, First Court would remain a public right-of-way. If the Pedestrian Mall is established, the property owner has agreed to improve and maintain the Pedestrian Mall. Access and Circulation A proposed Resolution of Intent (Attachment A) states that the City Council, pursuant to the Pedestrian Mall Law, declares its intention to establish a Pedestrian Mall located on a portion of First Court between Santa Monica Boulevard and Arizona Avenue. The Pedestrian Mall would remain a public right-of-way and be closed to all motorized vehicular traffic, with the exception of occasional deliveries, emergency vehicles, public utility and infrastructure maintenance during limited timeframes. A clear emergency access pathway along the center of the Pedestrian Mall would be required to allow for Fire, Emergency Medical Services, and Police access. Furthermore, the owner would be required to construct and maintain, at the owner’s expense, a new eastbound leg of the public alley within a portion of the Project Site so that vehicles traveling southbound down First Court would be able to exit onto Second Street within the owner’s property. The City would retain its regulatory powers and rights pertaining to the use, maintenance and operations of the Pedestrian Mall. If and when the City were to terminate the Pedestrian Mall in the future, vehicular access would then return over the relevant portion of First Court alley and the eastbound leg of the public alley easement to be located across the Project Site would be terminated. Process for Establishing 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. 3.D Packet Pg. 59 5 of 6 Staff is bringing forward this Resolution of Intent for the Council’s consideration and adoption as it is a required first step in the process before the City Council can move forward with a public hearing to decide whether to close a portion of First Court between Santa Monica Boulevard and Arizona Avenue for the creation of a Pedestrian Mall. Among other things, the Resolution of Intent sets a future public hearing date of September 27, 2022 at 5:30 pm for the City Council’s 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. This Pedestrian Mall would only be established if the owner’s proposed development agreement has been approved by the City Council and is in effect. Staff is scheduled to present the development Agreement for Council consideration and approval on July 12, 2022, and then will return for a final determination on establishing the Pedestrian Mall on September 27, 2022. This scheduling approach allows for notification in accordance with the Pedestrian Mall Law, which requires that a noticed public hearing be held 90 days after Council adopts a resolution of intention to establish a Pedestrian Mall (and said document is recorded by Los Angeles County). Public Outreach Following adoption of the Resolution of Intent to establish the Pedestrian Mall, City staff would provide notice of the proposed Pedestrian Mall and September 27, 2022 public hearing date, as further described, below. The City Engineer would be directed to post and mail this approved Resolution of Intent, and have it recorded as required by Streets and Highways Code. Specific steps would include: 1. By June 23, 2022 or no later than 30 days following this Council meeting, the Resolution of Intent must be recorded with Los Angeles County. Copies of the recorded notice would be posted 90 days prior to the City Council’s September 27, 2022 public hearing. 3.D Packet Pg. 60 6 of 6 2. No later than August 12, 2022, a public notice that would include a copy of the recorded Resolution of Intent would be mailed to provide the public a 45-day notice prior to the City Council’s September 27, 2022 public hearing. Other Considerations/Legal Requirements The City 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 to the City’s satisfaction. Environmental Review The action to approve the Resolution of Intent to establish the Pedestrian Mall is exempt pursuant to CEQA Guideline 15061 (b)(3) because the adoption of the Resolution of Intent does not have the potential for causing a significant effect on the environment since it merely initiates the required noticing period for the public hearing and sets the public hearing date for consideration of the establishment of the Pedestrian Mall. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended actions. Prepared By: Joshua Carvalho, Civil Engineer Approved Forwarded to Council Attachments: A. Resolution of Intent B. June 12, 2018 Staff Report (Web Link) 3.D Packet Pg. 61 1 City Council Meeting: May 24, 2022 Santa Monica, California RESOLUTION NO. ____ (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 3.D.a Packet Pg. 62 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to establish a pedestrian mall on 1st Court) 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 3.D.a Packet Pg. 63 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to establish a pedestrian mall on 1st Court) 3 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 3.D.a Packet Pg. 64 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to establish a pedestrian mall on 1st Court) 4 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. 3.D.a Packet Pg. 65 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to establish a pedestrian mall on 1st Court) 5 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 3.D.a Packet Pg. 66 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to establish a pedestrian mall on 1st Court) 6 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. COLA Interim City Attorney 3.D.a Packet Pg. 67 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to establish a pedestrian mall on 1st Court) 7 Adopted and approved this 24th day of May 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 24th day of May 2022, by the following vote: AYES: NOES: ABSENT: ATTEST: _____________________________ Denise Anderson-Warren, City Clerk 3.D.a Packet Pg. 68 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to establish a pedestrian mall on 1st Court) 8 EXHIBIT A GENERAL DESCRIPTION OF PROPOSED PEDESTRIAN MALL [Behind this page] 3.D.a Packet Pg. 69 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to 9 3.D.a Packet Pg. 70 Attachment: Resolution of Intent [Revision 3] (5074 : Resolution of Intent to hold a public hearing to