What is Possible?

Word on the street is that the developers themselves are not happy with the project as it stands, after it was modified by the City Council.

On May 13, the Council eliminated a Colorado Avenue driveway sought by the developer, before approving the overall project 6 to 1. Because of the extremely high pedestrian volume already existing at Colorado between Ocean Avenue and 2nd Street, the Council rightly concluded that such a driveway would be a safety hazard and did not allow it.

This left the developers unhappy, because the project is not auto-oriented enough for them, even though it still has two 2nd Street auto entrances, alley access and all that surface parking.

McDonalds has always wanted a fast-food, drive-through operation on the site. But the City’s zoning code intentionally forbids it, seeking instead to promote pedestrian oriented destinations in the downtown, and restricting drive-through uses to auto-oriented corridors like Lincoln Boulevard.

Twice in the past, McDonalds has applied for an exemption to the drive-through ban. Twice it has been turned down.

This is their third effort. They may have given up having a drive-through window, but have not on the drive-through-design.

That being said, it appears highly unlikely that any Council members would change their votes if the developers were to resubmit their project hoping to get the Colorado driveway approved a second time around.

With the developers unsatisfied and the corner’s potential unfulfilled, now is the time to scrap this unworkable approach entirely and envision something new.

Better Living through Development Agreements

Is there a path to a better corner at 2nd and Colorado? Fortunately the answer is ‘yes,’ through what is called a Development Agreement.

For those not intimate in the parlance of development, a Development Agreement (or ‘DA’) is a contract between a legislative agency (like the City) and a developer.

A DA provides for voluntary contractual flexibility to explore a greater range of options, benefits and tradeoffs than the normal discretionary review process would provide, DAs are often used when a property’s size and/or location makes a site-specific design desirable.

This would be the case at 2nd and Colorado. With or without the Annex, the parcel is well-sized and needs special treatment to reach its potential.

During the public hearing on this project at City Council, many community members talked about the importance of working with the developer to improve the site. The DA process would provide the vehicle for this, by establishing a mutually agreed upon concept for the site, up front.

This would provide more certainty for the developer, and would likely speed up the approval process, compared to re-fighting the same auto-oriented design a fourth time.

To begin this process, the City Council could hold a study session with the developer, as was done with the Santa Monica Place’s DA in June 2002.

After the study session -- which would be open for public comment -- the developer could refine the vision, and then come back through the public process at Planning Commission and City Council.

Why Should McDonald’s Do This?