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ORDINANCE NO. 922
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 6C TO ARTICLE VI OF
THE SANTA MONICA MUNICIPAL CODE WHICH CHAPTER
IMPOSES A PARK AND RECREATION FACILITIES TAX
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. There is herewith added Chapter 6C to Article VI
of the Santa Monica Municipal Code which chapter shall read as follows:
CHAPTER 6C. UNIT DWELLING TAX
SECTION 6670. This tax shall be known as the Park and
Recreation Facilities Tax of the City of Santa Monica.
SECTION 6671. Creation of Fund. There is hereby es-
tablished a Park and Recreation Facilities Fund. All of the
sums collected pursuant to this Chapter shall be deposited in
said Park and Recreation Facilities Fund and shall be used
solely for the acquisition, improvement and expansion of
public park, playground and/or recreation facilities.
SECTION 6672. Purpose. The City Council of the City
of Santa Monica hereby declares that the taxes required to be
paid are hereby assessed pursuant to the taxing power of the
City of Santa Monica and solely for the purpose of producing
revenue. The continued increase in the development of dwel-
ling units in the City of Santa Monica with the attendant in-
crease in population of the City has created an urgent need
for facilities to serve the increasing population of the City
and the means of providing additional revenues with which to
finance such public facilities.
SECTION 6673. Definitions. For the purposes of
this chapter the following definitions shall apply:
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A. The term IIdwelling unitll includes each single
family dwelling and each unit of an apartment, duplex or mul-
tiple dwelling structure designed as a separate habitation
for one or more persons, hotel or motel unit, guest room, or
trailer park space.
B. The term IIpersonll includ.es every person, firm,
or corporation constructing a dwelling unit itself or through
the services of any employee, agent or independent contractor.
SECTION 6674. T~xes, Application. The taxes im-
posed by this Chapter shall be applicable to every dwelling
unit hereinafter constructed in the City of Santa Monica.
SECTION 6675 Taxes, Amount. Every person con-
structing any new dwelling unit in the City for which a Park
and Recreation Facilities Tax is required to be paid by Sec-
tion 6674 shall pay to the City therefor the sum of Two Hun-
dred Dollars ($200.00) for each dwelling unit.
SECTION 6676. Taxes1 When Payap1e. The taxes im-
posed by this Chapter shall be due and payable as follows:
A. The tax imposed by Section 6674 shall be due and
payable at the time of the issuance of the building permit for
the construction of any such dwelling unit.
B. Payment of the taxes imposed by Section 6674
shall be a condition precedent to the issuance by the City of
a building permit for the construction of any such dwelling
unit; provided, however, that there shall be a refund of such
taxes in the event the building permit is not approved. or is
not used, for such construction.
C. In the event that construction of any such
dwelling unit is not commenced within sixty (60) days after
the issuance of a building permit therefor and an extension of
time for the commencement of such construction is granted by
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the Building Officer of the City of Santa Monica or other
official or body of the City, then such building permit shall
be deemed to have been issued at the time such extension is
granted and the payment of any additional fee due under Sec-
tion 6675 shall be a condition precedent to the granting of
such extension.
D. This tax shall not be applicable to any build-
ing permit applied for with a full and complete set of work-
ing drawings before the effective date of this ordinance.
SECTION 6677, Exemption From Tax. There shall be
exempted from the tax set forth in Section 6675 the construc-
tion of any dwelling unit to be used exclusively for housing
the elderly or handicapped persons which is owned and operated
by foundations or corporations which, pursuant to the pro-
visions of Section 33396 of the Health and Safety Code are
entitled to the welfare exemption provided for in Section l-c of
Article XIII of the State Constitution.
SECTION 2. Any provision of the Santa Monica Municipal
Code, or appendices thereto inconsistent herewith, to the extent of
such inconsistencies and no further are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or un-
constitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance. The City Council hereby declares that it would have
passed this ordinance and each section, subsection, sentence, clause,
or phrase hereof, irrespective of the fact that anyone or more sections,
subsections, sentences, clauses or phrases be declared invalid or un-
constitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
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attest to the passage of this ordinance. The City Clerk shall cause
the same to be published once in the official newspaper within fifteen
days after its adoption. This ordinance shall become effective after
thirty days from its adoption.
ADOPTED this
30th
day th;;~
. Mayor
ATTEST:
Act(/!!6k
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF SANTA MONICA )
I hereby certify that the foregoing ordinance was duly and
regularly introduced at a meeting of the City Council on the24thday
of
July
, 1973; that thereafter the said ordinance was
duly adopted at a meeting of the City Council on the
July , 1973, by the following vote:
30th day of
AYES:
Councilmen:
Judson, McCloskey, Trives, Hoover
NOES:
ABSENT:
Councilmen:
Dituri, Swink
Councilmen:
van den Steenhoven
L[J~
APPROVED AS TO FORM:
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~, City Att"6l\nej - "
Acting City Clerk
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