SR-8-A (198)
MASuA
CA:atty\muni\strpts\shelter
city council Meeting 4-26-94
Santa Monica, California
STAFF REPORT
TO: Mayor and city council
FROM: city staff
SUBJECT: Emergency Ordinance 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
This emergency ordinance waives certain zoning ordinance
requirements,
General Services requirements,
and fees for
construction to facilitate development of a temporary emergency
shelter at 505 Olympic Boulevard in response to council direction
to quickly develop alternative sleeping arrangements for homeless
persons sleeping in City parks. The immediate need for the shelter
necessitates these exemptions.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
MAY 1 0 199't
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CA:atty\muni\laws\mhs\shelter
city Council Meeting 4-26-94
Santa Monica, California
ORDINANCE NUHBER
1742
(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
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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 1mmediately exempt the emergency homeless shelter
from development and performance standards requirements;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Waiver of Zon1ng 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 Serv~ces 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 City Requirements. 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
imposi tion of any other ci ty requirements applicable to
construction of an emergency homeless shelter at 505 Olympic
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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 Ordlnance 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 -;f any court of any competent
jurisdiction, such declsion 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
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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:
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MARSHA JONESjMOUTRIE
City Attorney
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Adopted and approved thIS 10th day of May, 1994
a ,1 &6
IV Mayor
I hereby certify that the foregomg Ordmance No 1742 (CCS) was duly and regularly
adopted at a meetIng of the City CouncIl on the 10th day of May. 1994. by the follOWIng
Council vote.
Ayes:
Councdmembers
Abdo. Genser. Olsen. RosensteIn, Vazquez
Noes.
Councdmembers
Holbrook
Abstam' Councdmembers
Greenberg
Absent. CouncIlrnembers' None
ATTEST'
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City Clerk