SR-400-004-16~_ . .
~ ~;tyaf City Council Report
Santa MonicaW
City Council Meeting: May 25, 2006
Agenda Item: 1~
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Ordinance Relating to Permit Processing
Recommended Action
Staff recommends that the City Council introduce the attached ordinance for first
reading.
Executive Summary
The Annenberg Foundation has advised staff that private charitable foundations are
most likely to provide grants when uncertainty and risk to effectuating a grant's purpose
are reduced. The attached ordinance, adding Chapter 9.68 to the Municipal Code,
would reduce uncertainties and risks relating to the development of charitably funded,
public facilities by requiring expedited processing and review.
Discussion
The Annenberg Foundation has granted $27 million to the City for the adaptive reuse of
the publicly-owned recreational facilities at 415 Pacific Coast Highway. The
Foundation's Executive Director advises that this is one of several grants that the
Foundation has recently made to cities for public facilities. Additionally, the Executive
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Director advises that, while the Annenberg Foundation is the leader in this new area of
endeavor, other charitable foundations are becoming interested in the possibility of
making such grants.
One impediment to municipalities obtaining foundation grants and other charitable
donations is uncertainty about achieving a potential grant's purpose. In the case of
public projects, uncertainties include the length of time necessary to obtain permits and
begin construction. Reducing the uncertainty will increase the likelihood that Santa
Monica may obtain such grants in the future.
Alternatives
The proposed ordinance could be broadened to apply to all public projects, whatever
their funding source. The proposed ordinance was narrowly drafted to comport with
existing City policy which requires the City to adhere to Zoning Code requirements and
which limits opportunities for special processing and review.
BudgetlFinancial Impact
In the event that a foundation or donor chooses to build a project and donate it to the
City upon completion, the City would lose processing and appeal fees. However, this
loss would presumably be inconsequential in comparison to the value of the project.
Prepared by: Marsha Jones Moutrie, City Attorney
Attachment: Proposed Ordinance
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Approved:
Cit~Atto
Forwarded to Council:
. mont Ewe
~ y Manager
f: \atty~nuni\strpts~nj m\permitprocess. doc
f:\atty\muni\laws\mjm\permitprocess-1.doc
City Council Meeting 5-25-06
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 9.68 TO THE SANTA MONICA MUNICIPAL
CODE RELATING TO PERMIT PROCESSING
WHEREAS, Santa Monica is committed to providing a rich array of public
cultural, recreational and educational opportunities to all City residents, as well as City
workers and visitors; and
WHEREAS, public funds are limited and must be expended for a wide variety of
purposes and community needs; and
WHEREAS, the need for public facilities offering recreational, cultural and
educational opportunities exceeds the public resources available to fund such facilities;
and
WHEREAS, recently a generous grant from the Annenberg Foundation has
demonstrated that philanthropic organizations are becoming interested in funding or
building public facilities; and
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WHEREAS, the City's experience with the Annenberg Foundation has shown
that private, charitable foundations must evaluate and attempt to minimize uncertainties
attendant upon prospective grants, including grants for public facilities; and
WHEREAS, the City wishes to maximize future opportunities to obtain funding of
public projects from private charitable foundations; and
WHEREAS, expediting permit processing and review, and thereby shortening the
time between funding and project construction, is one way to reduce uncertainties and
risks; and
WHEREAS, providing an expedited process for public projects funded by private
foundation grants will assist the City in seeking future grants,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.68 is hereby added to the Santa Monica Municipal Code
to read as follows:
CHAPTER 9.68
CHARITABLY FUNDED PUBLIC PROJECTS
Section 9.68.010. Processing of charitabiy funded
public prolects.
An~proiect intended for recreational, cultural,
educational or other public use which is, or will be upon
completion, owned by the City and which is funded or
partiallv funded by a qrant from a charitable foundation or
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private, charitable donor, shall be given priority in: (a permit
~rocessing; (b) plan check review; and (c) administrative
appeals. AdditionallY, any such project shall be exempt from
permit and appeal fees.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutiona! by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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MA HA JON~E~S MOUT IE
City Attorney J
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