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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.
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(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
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~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
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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
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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
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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
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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
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w1thout regard to whether any portion of the ordinance would
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be subsequently declared lnvalid or unconstitiutiona~*
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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.
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MAYOR ' - -..- -.' . -' . , -
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ATTEST:
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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:
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Councilme1l\b~r:. Cohen
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