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 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 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 midblock, 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 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.
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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)