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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.
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(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
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Wh1Ch a co-operat1ve apartment is to be
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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
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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
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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
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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
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payment of sald taxes on co-operative
apartment unl~s to be occupled by the
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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
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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
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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
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shall attest to the passage of this ordinance. The Clty
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Clerk shall' cause the saF~ -to, be publ1shed~pnce in the
official ne~spaper~v1thin fif~e~n (15) ~ays after its adoption.
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The ordinance shall become effectlve from and after its
adoption.
ADOPTED and APPROVED thl S 27 t h day of
June
,
1978.
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MAYOR
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ATTEST:
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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
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ABSENT:
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Councllrnembers-: ,Scott
Councilme~eIS~_Cohen
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