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O1092 l ~~~~ ~- RLKr:SS 6-13-78 ~ -~... ~- .' ~ ORDINANCE NO. 1092(CC5) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMEND- ING CHAPTER 6B OF ARTICLE VI, SEC- TION 6652 OF THE SANTA MONICA MUNICIPAL COnE AND ADDING THERETO SECTION 6653A TO IMPOSE A BUSINESS LICENSE TAX ON THE DEVELOPMENT AND CONSTRUCTION OF COOPERATIVE APARTMENT PROJECTS. The City Council of the C~ty of Santa Monica does ordain as follows: SECTION 1. Sect~on 6652 of Chapter 6B of Art~cle VI of the Santa Monica Mun~c~p~l Code 1S hereby amended to read as follows: USect~on 6652. DEFINITIONS. In interpret~ng and administering the prov~s~ons of this law, each of the following words and phrases shall be construed as here1n set forth unless ~t ~s clearly apparent from the context that a different meao1ng is ~ntended. ~ .....!'... .... J4l>- - ~ o'\i -=~.. RLK:AMK:ss 6-13-78 -. '- . (a) CONDOMINIUM PROJECT. Any condominium proJect or commun~ty apartment proJect as so deflned 1n Sect~on 9102 of this Code or co-operat1ve apartment proJect defined as follows: Co-operative Apa~t~ent ProJect, 1S the ent1re parcel of real property, 1ncluding all structures thereon, on , ~ -: ~~ ~ - f Wh1Ch a co-operat1ve apartment is to be ~ L const~uctedior an" existin9~i~proved real property 15 ~o be conyerted to a co- operative apartment. Co-operat1ve Apartment 1S an improved real property owned or leased by a co-opera- tlve houslng corporation or by any other corporat1on, partnership, trust, or asso- elation if all or substantially all of the shareholders of such corporation, or partners of such partnershlp, or beneflciaries of such trust, or members of such assoclat1on, receive a right of exclusive occupancy 1n a portion of the apartment house or apartment hotel, which r1ght of occupancy is transfera- bIe only concurrently with the transfer of the stock, partnershlp lnterest, beneficial -2- 'Jtt'~ ~A RLK:AMK:ss 6-13-78 . . - interest, or membership held by the person having such right of occupancy. For all purposes of the Santa Mon~ca Municipal Code, a co-operative apartment will be subject to the same restrlct~ons, conditions, and taxes as condomin~ums and community apartments. The word "condominium" as used in this Chapter 6B, shall apply equally to a communlty apartment and co-operative apartment. (b) CONSTRUCTION AND DEVELOPMENT. Any and all acts connected with the build1ng erection, construction, creation, production, conversion 1nto, subdivis10n to create, or lmprovement to create any condomin~urn, town house, communit~ apartment, co-opera- tlve apartment, condomln~um cluster develop- ment or slmilar stru7ture or forms of owner- ship. (c!) SALE. The transfer of .rt~tle" to prope~y, or the exclus1ve right to occupy 1t, by the execution of the deed, lease, or other ~nstrument, by seller or lessor and uncond~t~onal delivery thereof to the purchaser or lessee. For the purpose of this Chapter, a sale shall not be deemed -3- ~ ... -1'" RLWK:SS 6-13-78 . to be completed unt1l a properly executed deed, lease, or other instrument 1S dellvered to the purchaser or lessee, except 1n a land sale contract where said sale shall be complete upon executlon of the contract. Recordation of the deed or lease, or a memoran- dum thereof, shall be prlma facle eV1dence of delivery. II SECTION 2. A new sect10n 6653A is hereby added to Chapter 6B of Art1cle VI of the Santa Monlca Municipal Code to read as follows: "Sectlon 6653A. DEFERRAL OF CONDOMINIUM TAX. The condomlnlum buslness license tax may be deferred by the C1ty Councll with regard to indlVldual unlts in co-operatlve apartments partlclpating ln or assisted by federal housing programs for low and/or moderate lncome persons or where other assurances are presented of the non-profit, nonspeculatlve nature of the co-operative apartment development, or units therein. Such assurances may consist of, but need not be limited to restrlctions on equity -4- ~ ~ l~ RL~:SS .". 6-13-78 . bUlld-up and transfer thereof to promote houslng for low and/or moderate lncorne persons. The Clty Clerk shall record a notlce of deferral of taxes and the terms thereof with the County Recorder. The Clty Copncil may ?lso defer the , payment of sald taxes on co-operative apartment unl~s to be occupled by the -, elderly or handlcapped persons under the same terms, procedures and cont1nued occupancy restrlctlons set forth hereln for housing for low and/o~ moderate lncorne persons. Appl1catlons for deferral of the condornlnlum buslness 11cense tax shall be filed with the Dlrector of Plannlng upon forms developed and provided by him and accompanied by such data as may be prescrlbed by the Director so as to assure the fullest practicable presentatlon for the permanent record, and shall be verifled by the appllcant -5- ..";# ~ .i:-- RL~:SS 6-13-78 . as to the correctness of all facts and lnformation contained therein. upon approval of the Clty Council, payment of sald taxes may be deferred so long as sald un~ts are occupied by persons of low and/or moderate income and In substantial comp11ance with the'development proposal and support1ng documents presented to the Clty COunCll.. Should said occupancy restrlctiqns be removed, the taxes on such unlts shall become immediately due and payable and subject to the lien provlsions of Section 6656 herein. II S~CTION 3. Any provisions of the Santa Monica Municipal code, or appendlces thereto inconsistent herewlth, to the extent of such inconslstencies and no further, are hereby repealed or modified to that extent necessary to effect the provislons of this ordinance. SEC~ION 4~~ I~,aay~section,~ subsection, sentence, clause' or phrase of this ~rdinanse is~for any reason held -6- ,ill!;: ~~~ .1-....... RLK4IW1K: 55 6-13-78 . to be inva11d or unconst1tutional by a decision of any court of competent Jurisdiction, such decision shall not affect the valldity of the remaining portions of the ordinance. The City Councl1 hereby declares that lt would have passed this ordinance and each and every sectlon, subsection, sen- tence, clause or phrase not declared inval1d or unconsitutlonal without regard to whether any portlon of the ordlnance would be subsequently declared invalld or unconstitutlonal. SECTION 5. The City Cauncll hereby declares that the taxes required to be pald by this ordinance are assessed pursuant to the taxing power of the Clty of Santa Monica and are solely for the purpose of raising revenue. SECTION 6. This ordlnance, sole~y:~-ce~enue measu~e, 1snadopted pursuant to Section 619 {co} of' the Santa Monica Municlpal Charter. SEC~ION 7. 'The Mayor shall Slgn ~nd the City Clerk II ~ _ _.. '= ~ shall attest to the passage of this ordinance. The Clty ~ ~ ~ .. Clerk shall' cause the saF~ -to, be publ1shed~pnce in the official ne~spaper~v1thin fif~e~n (15) ~ays after its adoption. -7- , ""~~-"'- RL.:SS 6-13-78 . The ordinance shall become effectlve from and after its adoption. ADOPTED and APPROVED thl S 27 t h day of June , 1978. ~ ~~J~j MAYOR .- .. ATTEST: /, /' ~.;~~ ~ ~=--~-. - ,7'--'-) - - ~- _ _~'-; : ';-r ,/h,,! .' - _:\- - /} 7-'/ p~ .-'::,...:;;, -r~" ~tp1~R~,'~ -:; .,,' _-v-/ v ,'_ ~ -~ "*' '. STATE Qp.. OO:rR.OFM'l.A' COUNTY'Of_LOg ANGELES 55. CITY OF SANT'A - -MONICA I do hereby certlfy that the foregoing ordlnance was duly and regularly lntroduced at a rneetlng of the City Councl1 on the 20th day of June , 1978; that thereafter the said ordinance was duly adopted at a meeting of the Clty Council on the 27th day of June , 1978; by the followlng vote of the Councl1: AYES: Councilmembers: 'Bambrlck, Reed, Trives, van den Steenhoven, Mayor Swink -8- ~.:I-..r- ri.. '110.... RLWK:SS 6-13-7B NOES: ABSENT: ~. Councllrnembers-: ,Scott Councilme~eIS~_Cohen .. ......- - -oJ- - . /"""\ - - -'_.-._~-_.,--- -...- / -- _-- _ -.I' --:::> v _ ;,~t.~ - /' iCI~X ~~~~-_'-:-,. . , - ~- / ,/ - . --,. ~ ---- -.. -{"... -- -.. -...~ ... '.;0 -9-