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 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 oneway 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 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
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.
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. Eastwest 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
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
7 EXHIBIT A
LEGAL DESCRIPTION OF PROPOSED FIRST COURT PROMENADE
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EXHIBIT B
MAP OF PROPOSED FIRST COURT PROMENADE
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