City Council
Report
City Council Meeting: September 27, 2022
Agenda Item: 12.B
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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 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 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 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.
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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 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 Citydesignated 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 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