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O1093 L~ RLK:AMK:ss 6-13-78 . e ORDINANCE NO. 1093(CC5) (Clty Councll Serles) 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 CODE AND ADDING THERETO SECTION 6653A TO IMPOSE A BUSINESS LICENSE TAX ON THE DEVELop~mNT AND CONSTRUCTION OF COOPERATIVE APARTMENT PROJEC':'S. The Clty Councll of the Clty of Santa Monlca does ordaln as follows: SECTION 1. Seetlon 6652 of Chapter 6B of Artlcle VI of the Santa Monlca Munlclpal Code lS hereby amended to read as follows: "Seetlon 6652. DEFINITIONS. In interpretlng and admlnlsterlng the provlslons of thlS law, each of the followlng words and phrases shall be construed as hereln set forth unless It 1S clearly apparent from the context that a dlfferent meanlng 15 lntended. ,II hL.L"\ : h.~ 11'\ : b,=, 0 - 1..J -) 0 . e (a) CONDOMINIUM PROJECT. Any condoffilnlum proJect or commuDlty apartment prOject as so deflned In Sectlon 9102 of th1S Code or co-operat1ve apartment prOject deflned as follows: ~o-operative Apa~tme~t Pr?,Ject 1S the entlre parcel of real property, includlng all structures thereon, on Wh1Ch a co-operat1ve apartment 1S to be constructed or an eX1st1ng lMproved real property 15 to be converted to a co- operatlve apartment. Co-operat~ve Apartment is an 1rnproved real property owned or leased by a co-opera- tlve houslng corporatlon or by any other corporatlon, partnershlp, trust, or asso- clatlon If all or substantlally all of the shareholders of such corporatlon, or partners of such partnershlp, or beneflclarles of such trust, or members of such assoclatlon, recelVe a rlght of excluslve occupancy 1n a portion of the apartment house or apartment hotel, WhlCh rlght of occupancy 15 transfera- bIe only concurrently w1th the transfer of the stock, partnershlp lnterest, beneflc1al ---2- - " KD~;rt~h;bS O-~J-IO .. . . e . ~nterest, or membersh~p held by the person having such rlght of occupancy. For all purposes of the Santa Monica Mun~c~pal Code, a co-operative apartment wlll be subject to the same restr~ctlons, condltions, and taxes as condorninlums and comrnun~ty apartments. The word "condomln~umtl as used in thlS Chapter 6B, shall apply equally to a communlty apartment and co-operatlve apartment. (b) CONSTRUCTION AND DEVELOPMENT. Any and all acts connected wlth the bUlldlng erection, constructlon, creat~on, production, conversion into, subdivlSlon to create, or lmprovement to create any condoffilnlum, town house, communlty apartment, co-opera- tlve apartment, condOffilnlum cluster develop- ment or slffil1ar structure or forms of owner- Shlp. (c) SALE. The transfer of "title" to property, or the exclus~ve rlght to occupy it, by the executlon of the deed, lease, or other instrument, by seller or lessor and unconditional dell very thereof to the purchaser or lessee. For the purpose of this Chapter, a sale shall not be deemed -3- ,., i;'"-...... i. RLR:&~K:ss 6-13-78 e . to be completed untll a properly executed deed, lease, or other instrument is dellvered to the purchaser or lessee, except In a land sale contract where sald sale shall be complete upon executlon of the contract. Recordatlon of the deed or lease, or a memoran- dum thereof, shall be prlma faCle eVldence of delivery." SECTION 2. A new sectlon 6653A 15 hereby added to Chapter 6B of Artlcle VI of the Santa Manlca tronlclpal Code to read as follo\"ls: "Sectlon 6653A. DEFERRAL OF CONDmlINIUH TAX. The condomlnlurn buslness llcense tax may be deferred by the Clty Cauncll with regard to lndlVldual UDltS In co-operatlve apartments partlclpating in or asslste~ by federal houslng programs for low and/or moderate lncorne persons or where other assurances are presented of the non-proflt, nonspeculative nature of the co-operative apartment development, or unlt5 thereln. Such assurances may conslst of, but need not be 11mited to restrlctlons on equlty -4- -=- .. - . RLK:.K: S8 6-13-78 e bUlld-up and transfer thereof to promote houslng for low and/or moderate lncome persons. The Clty Clerk shall record a notlce of deferral of taxes and the terms thereof wlth the County Recorder. The Clty COUDCll may also defer the payment of sald taxes on co-operatlve apartment unlts to be occupled by the elderly or handlcapped persons under the sa~e terms, procedures and continued occupancy restrlctlons set forth hereln for houslng for low and/or moderate income persons. Appllcatlons for deferral of the condomlDlum buslness llcense tax shall be flled wlth the Dlrector of Plannlng upon forms developed and provlded by hlm and accompanled by such data as may be prescrlbed by the Dlrector so as to assure the fullest practlcable presentatlon for the permanent record, and shall be verlfled by the appllcant -5- . . ~. RLKtlJK:SS 6-13-78 . as to the correctness of all facts and ~nforroatlon contalned thereln. Upon approval of the Clty Counell, payment of sald taxes may be deferred so long as sald unlts are occupled by persons of low and/or moderate income and In substantial compllance with the development proposal and supportlng documents presented to the Clty Councll. Should sald occupancy restrlctlons be removed, the taxes on such units shall become lmmedlately due and payable and subject to the llen prOV1Slons or Sectlon 6656 hereln." SECTION 3. Any prov~slons of the Santa Monlca MunlClpal code, or appendlces thereto lnconslstent herewlth, to the extent of such lnconslstencles and no further, are hereby repealed or modlfled to that extent necessary to e1~eet the provislons of thlS ordlnance. SECTION 4. If any seetlon, subsectlon, sentence, clause or phrase of thlS ordinance lS for any reason held -6- ---~ .." ~ .... "~..r.,.(I> RLr:SS 6-13-78 . <h to be invalid or unconstitutional by a decision of any court of competent Jur1sd~ction, such decision shall not affect the valldity of the remaining portlons of the ord1nance. The city Council hereby declares that lt would have passed th1S ordinance and each and every sect1on, subsectlon, sentence, clause or phrase not qe91ared inva11d or unc9nsitutional " ..... w1thout regard to whether any portion of the ordinance would . ' be subsequently declared lnvalid or unconstitiutiona~* . of -..} ~ ~ ~ SECTION 5. The Clty Councll hereby declares that the taxes required to be paid by this ordinance are assessed pursuant to the taxlng power of the City of Santa Monlca and are solely for the purpose of ralsing revenue. SECTION 6. The Mayor shall sign and the City Clerk shall attest to tne passage of this ordinance. The Clty Clerk shall cause the same to be published once In the official newspape~ withln fifteen (15) days after its adoption. The ordinance shall become effective from and after its adoptlon. ADOPTED and APPROVED thlS 27th day of June , 1978. l~)~J~J MAYOR ' - -..- -.' . -' . , - -7-' , ~ ~~~ .. ~'~'o. . -- ATTEST: /r - . -- C"-<--7 - )~~~~~ t3J1Z' A~~ - _ .~-:- - ./ ~...... .... STAT~ OF _CALIl'Q.mUA ) COUN'l'~Y OF:' -I,Os..'l\NGELES ) ss. CITY OF- 'SAN'llK' MONICA ) I do hereby certify that the foregolng ordlnance was duly and regularly introduced at a meeting of the Clty Councl1 on the 20th day of June , 1978; that thereafter the sa1d ordlnance was duly adopted at a meetlng of the Clty Councl1 on the 27~h day of of the Council: June , 1978; by the following vote AYES: Councilmember: Bambrick, Reed, Trives, van den Steenhoven, Swink NOES: Councl1member: Scott ABSENT: I'- ....-_- Councilme1l\b~r:. Cohen ..~- - .-........ ,-"- -., -.,/, ,r~1 _ _,-..,,..... ;' .. ''''''' -- ~- ~~- --- :s:..?...~ -: i~ r~i-' ./J-....,~~__-(_v ...- ."' 'r- _...1'_ V=Y--~~~----~~ ~~~_-. - ~-:-- -- ..