SR 05-24-2022 3D
City Council
Report
City Council Meeting: May 24, 2022
Agenda Item: 3.D
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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
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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
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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
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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.
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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.
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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)
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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
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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 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
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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
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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
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EXHIBIT A
GENERAL DESCRIPTION OF PROPOSED PEDESTRIAN MALL
[Behind this page]
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