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O1742 CA:atty\muni\laws\mhs\shelter City Council Meeting 4-26-94 Santa Monica, California ORDINANCE NUMBER l742 (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING ZONING ORDINANCE REQUIREMENTS, GENERAL SERVICES REQUIREMENTS, AND FEES FOR CONSTRUCTION OF AN EMERGENCY SHELTER AT 505 OLYMPIC BOULEVARD AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, individuals without shelter currently reside in the public parks of the City of Santa Monica; and WHEREAS, the City seeks to develop an immediate alternative to sleeping in Santa Monica parks for homeless people; and WHEREAS, the City has assessed a number of options that could serve as an alternative to sleeping in the parks including the development of an indoor emergency homeless shelter; and WHEREAS, it has been determined that an indoor temporary emergency homeless shelter to serve between 75 and 100 homeless individuals is the best alternative to sleeping in Santa Monica parks; and 1 WHEREAS, the City seeks to develop and open this temporary emergency shelter immediately as a readily accessible alternative to homeless people sleeping in the parks; and WHEREAS, the City has identified a site located at 505 Olympic Boulevard as a potential location upon which a shelter could be expeditiously constructed; and WHEREAS, to the extent possible, the City will seek to meet all development and performance standards for developing an emergency homeless shelter at this site, but that strict compliance with applicable development standards and other requirements would delay or preclude the immediate opening of the shelter; and WHEREAS, given the immediate need to develop this shelter, it is necessary to immediately exempt the emergency homeless shelter from development and performance standards requirements; 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Waiver of Zoninq Ordinance. An indoor temporary homeless shelter to serve between 75 and 100 homeless individuals may be constructed at 505 Olympic Boulevard without complying with the requirements of the Zoning Ordinance, Chapter 9.04 of the Santa Monica Municipal Code, including, without limitation, applicable property development standards, and the requirement to obtain a conditional use permit. SECTION 2. Waiver of General Services Requirements. The City Council authorizes the Director of General Services or his or her designee, in his or her sole discretion, to waive or postpone imposition of any General Services requirements applicable to construction of an emergency homeless shelter at 505 Olympic Boulevard, provided the Director of General services deems such waiver or postponement appropriate to facilitate the expeditious construction of such shelter, and provided that such waiver or postponement will not compromise public health or safety. SECTION 3. Waiver of Fees or Other citv Reauirements. The City council authorizes the city Manager or his or her designee, in his or her sole discretion, to waive payment of any fees or imposition of any other City requirements applicable to construction of an emergency homeless shelter at 505 Olympic 3 Boulevard, provided the city Manager deems such waiver appropriate to facilitate the expeditious construction of such shelter, and provided that such waiver will not compromise public health or safety. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto, or any interim ordinances, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of section 615 of the Santa Monica City Charter. It is necessary for preserving the public health, safety, or welfare as set forth in the preamble to this Ordinance. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 4 of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. 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 upon adoption. APPROVED AS TO FORM: huu~~~~ MARSHA JONEeJMOUTRIE city Attorney 5 Adopted and approved this 10th day of May, 1994. c;i 4&6 V Mayor I hereby certify that the foregoing Ordinance No. 1742 (CCS) was duly and regularly adopted ata meeting of the City Council on the 10th day of May, 1994; by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Olsen, Rosenstein, Vazquez Noes: Councilmembers: Holbrook Abstain: Councilmembers: Greenberg Absent: Councilmembers: None ATTEST: -~~~~ City Clerk