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Building Confidence, Building Community.
Sec. 3. Section 12.81 of Article 2 of Chapter 1 of the Los Angeles Municipal
Code is amended in its entirety to read as follows:
SEC. 12.81. HOMELESS SHELTERS - EMERGENCIES - CHARITABLE
ORGANIZATIONS.
Notwithstanding any provisions of this article to the contrary, during any period for which the Mayor and/or the City
Council have declared a shelter crisis within the meaning of Government Code Sections 8698, et seq., a shelter for the
homeless (as defined in Section 12.03 of this Code) may be established and operated in the R3, RAS3, R4, RAS4, R5, C2,
C4, C5, CM, M1, M2 and M3 zones without regard to the number of beds or number of persons served, if the shelter is
operated by a religious institution or a non-profit, charitable organization and the shelter is located on property owned
or leased by that institution or organization. If the lot on which any such shelter is located does not have sufficient area
to provide the number of parking spaces required by Section 12.21.A.4(w) of this Code, then the number of spaces
required shall be the number for which adequate area exists. If insufficient area for any parking spaces exists on the lot,
no spaces shall be required. Unreinforced masonry and/or non-ductile concrete buildings shall not be used as shelters
for the homeless.
A. Any declaration of a shelter crisis made pursuant to Government Code Sections 8698, et seq., shall not exceed
a period of 365 days from the date of declaration. The City Council may renew a shelter crisis declaration made
pursuant to Government Code Sections 8698, et seq., on an annual basis.
B. Requirements.
Providers shall register with the City of Los Angeles by submitting “Cold/Wet Weather Temporary Shelter
Application” online via the City’s website (www.lacity.org); and
1. Providers shall comply with the “Cold/Wet Weather Temporary Shelter” requirements promulgated by the Los
Angeles Fire Departments Fire Prevention and Public Safety Bureau; and
2. Providers shall provide written notification to the owners of properties abutting the subject property, as well as
to any school located within 500 feet of the subject property, prior to operating a shelter for the homeless on
the subject property.
3. Providers shall comply with all local, state and federal requirements that apply to the permitted use of their
property while operating a shelter for the homeless pursuant to this section.
Sec. 4. URGENCY CLAUSE. The City finds and declares that this ordinance is required for the immediate protection of
the public peace, health, and safety for the following reasons: The measures contained in the ordinance are designed to
protect those without shelter from the life-threatening impacts of inclement weather and extreme temperatures, such
as the weather conditions experienced in Los Angeles during the 2016-2017 winter season. Weather experts confirm
that the winter of 2016-2017 brought record rainfall to the region, and it is possible that the City of Los Angeles could
experience heavy rainfall well into the early spring of 2017. Recent weather patterns brought tremendous rainfall to the
area, during which there was loss of human life and property damage. The City of Los Angeles is already in the midst of
a shelter crisis, with the City Council having formally declared a shelter crisis under California Government Code Section
8698, based on a finding that a significant number of homeless people in Los Angeles are without the ability to obtain
shelter, resulting in a threat to their health and safety. The 2016-2017 occupancy rates for homeless shelters in the
City and County show a strong correlation between the increase in precipitation and demand for shelter, with heavier
precipitation pushing shelters to near capacity. Based on the magnitude of this season’s rainfall and temperature
fluctuations, there is a current threat to the health and safety of the homeless population in Los Angeles. In order
to address the threat to the health and safety of the homeless there must be an increase in the number of shelters
available to the homeless to find refuge from the rain. For all of these reasons, this ordinance shall become effective
upon publication pursuant to Section 253 of the Los Angeles City Charter.
Sec. 5. SEVERABILITY. If any portion, subsection, sentence, clause or phrase of this ordinance is for any reason held
by a court of competent jurisdiction to be invalid, such a 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 portion or
subsection, sentence, clause and phrase herein, irrespective of the fact that any one or more portions, subsections,
sentences, clauses or phrases be declared invalid.
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Homelessness in the United States, How are Major Jurisdictions Dealing with This Issue?
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