O916
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ORDINANCE NO. 916
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CRAFTER 6C TO ARTICLE VI OF
THE SANTA MONICA MUNICIPAL CODE WHICH CHAPTER
IMPOSES A pARK AND RECREATION FACILITIES TAX
AND DECLAR ING THE PRESENCE OF AN EMERGENCY
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 f1dwelling unit" 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 "person" includes every person, firm,
or corporation constructing a dwelling unit itself or through
the services of any employee, agent or independent contractor.
SECTION 6674 Taxes, 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.
SECTIO~ 6676 Taxes1 When Payable. 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
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time for the commencement of such construction is granted by
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 noc 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 in-
consistencies 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 thereof, irrespective of the fact that anyone or more sec-
tions, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
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SECTION 4. The City Council of the City of Santa Monica finds
that an emergency exists for the adoption of this ordinance by reason
of the fact that there are presently many projects of the type described
herein about to be constructed in the City. Additional revenues from
projects presently pending will be irretrievably lost, necessary park
and recreational facility acquisition may be delayed and acquisition
costs of park and recreation facilities will be increased, developers
are threatening to commence development prior to the time that this
tax could be adopted in the ordinary course and create burdens on this
community for which there is not revenue to compensate; also open space
and recreational space are necessary for the health, safety and general
welfare of the citizens of this community.
SECTION 5. This ordinance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the Santa
Monica Municipal Charter and is necessary for preserving the public
peace, health, or safety, and the urgency for its adoption is set forth
in the findings above.
SECTION 6. The Mayor shall sign and the City Clerk shall
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 upon
its adoption.
ADOPTED this 24th day of
July
, 1973.
ATTEST:
-gg cII~
Mayor
~. / i/utL
A{Jg.City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF SANTA MONICA )
I do hereby certify that the foregoing ordinance was duly and
regularly introduced and adopted at a meeting of the City Council of
the City of Santa Monica on the 24th day of
July ,1973, pursuant to
Section 615 of the Charter of the City of Santa Monica, by the fo11ow-
ing vote of the Council:
AYES:
Councilmen:
Judson, McCloskey, Swink,
Trives, van den Steenhoven, Hoove~
NOES:
ABSENT:
Councilmen:
Dituri
Councilmen:
None
(;J;::lF~.
'(/ C~ty Att"orne'y ~
/,: Ii y;)
- L: h~~~\-J
ting City Clerk
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ORDINANCE NO. '17 Redevelopment study of said be m full force unmedlately
(CITY COUNCIL SERIES) area after the passage and adop-
AN ORDINANCE OF THE SECTION 3 The Depart- bon thereof and shall remam
CITY COUNCIL OF THE ment of Bulldmg IS hereby m effect unol sqtember 30,
C I T Y 0 F SAN T A ordered and directed not to 1973, at which bme It shall
MONICA EXTENDING Issue any penmts for the be of no further effect and
TO SEPTEMBER 30,1973 erectIOn, constructIon, shall be deemed repeal~
THE MORATORIUM ON enlargement, alteratIOn, SECTION 9 The City
CONSTRUCTION AND repaIr, mOvmglmprovement Clerk Will certify to the
REP AIR ON ALL PRO- or conversion of '3.11y bulldinl passage and adoption of thIS
PERTY FRONTING ON or structure lD the aforesaid ordmance and shall cause
AND BOUNDED BY area dunng the effective the same to be pubhshed
WI L S HI R E B 0 U L E _ perIOd ofthlS ordmance. once 10 the Santa MODIca
V ARD, FOURTH SECTION 4 Any prOVIsion Evening Outlook, a
STREET, COLORADO of the Santa Monica newspaper of general Clr-
AVENUE AND SECOND Municipal Code or appen- culatlon, publIshed and elr-
STREET, AND MORE dices thereto mconslstent culated m the City of Santa
COMPLETEL Y DE- hereWith, to the extent of Monica
S C RIB ED IN THE such mcoDSl5tencles and no ADOPTED thiS 24th day of
LEGAL DESCRIPTION further, 15 hereby suspended July, 1973
AND MAP A TT ACHED for the area deSCrIbed herem CLO HOOVER,
TO AND MADE A PART during the moratorium Mayor
OF SAID ORDINANCE, perIod ATTEST
AND DECLARING THE SECTION 5 If any proVl- J L. WILBUR
PRE S E N CEO FAN Slon of thIS Ordinance IS held Acting City Clerk
EMERGENCY to be unconstitutional, It IS
THE CITY COUNCIL OF the mtent of the City Council. State Of CaUfomia )
THE CITY OF SANTA that such portion of said or- CountyofLolADaeleltU
MONICA DOES ORDAIN AS dlnance be severable from City 01 Santa M.oDica )
FOLLOWS' the remainder and that the (SEAL)
SECTION 1 A remamder be given full lOOberebycertlfythatthe
moratorIum IS hereby placed force and effect. foretOlD I ordlnanee was
on the erection, construc- SECTION 6 The City duly 8nd regularly introduc-
tIOn, enlargement, alten. Co,:,ncll may grant a ed 8nd aOOnled at a meeting
tlOn, repair. movmg, Im- varIance from the proVISIOns of the Clt~ CoUDCil of the
provement or conversion, of of thiS moratorlU~ or- Cit of Santa Momca on the
any budding or structure 10 dmaDce sub~ect to a fmdmg 24g day of July 1973 pur-
the are a des c fl bed as ofthe followmg suant to Section' 615 of the
follows 1. ~at the strict ap'- Charter of the City of Santa
"All that property phcatIon of the provl- MODica by the followmg
boull.lkii on the northeast Slons of the moratonum vote of the Council
~ by t.li8.Jouthwesterly Ime would result 10 practical AYE 5 Co u n c II men'
-J ~ Fnurth Court and Its difficulties or unnecess- Ditun, JudsOn, McCloskey,
:::; SbutHeasterly prolonga- ary hardshIPS mconsls- SWink, Trlves, van den
bon~ounded on the tent With the general Steenhoven, Hoover
_~utliirilst by a hne which purpose and mtent of the NOES Councilmen: None.
~ IS l!)O,.feet southeasterly moratorium. ABSENT Councilmen
'-: of aria parallel With Ccl- 2 That there are ex- None
. _ :-nrad9..A venue and by the ceptlonal circumstances .
::.. :"11orttrWesterly hne of or condItions applIcable
_ L' Santa, MODlca Freeway to the property 1Ovolved
U boqed on the south~ or to the Intenoed use or
west by the north- development of the pro-
easterly hne of First peTty that do DOt apply
Court and Its north- generally to other pro-
westerly prolongation, perty 10 the area covered
and bounded on the by the moratorlqm; aDd
northwest by a hne .;I That the JVantlna of
which 15 150 feet north a vaflance would BOt be
westerly of and parallel materlall! detrimental
With WilshIre Boule- to the pubhc welfare or
vard " lD)urious to the p~
A map of said area IS or improvements m the
attached hereto, marked moratorium area.
ExhibIt A and expressly SECTION 7 This or-
made a part of this or- dmance IS declared to be an
dIDance emergency measure adopted
SECTION 2 This CounCil pursuant to the PrQVisioDl of
fmds and detenmnes that Section 619 of "the Santa
said moratorium must be Monica Municipal Cbarter
Imposed 10 order to preserve and IS necessary for pl'eserv-
the character of said area 109 the publIc ~ace. health
pendmg the completion of or ~fety. and. the urgency
proceedm8!' for the acquisl- for Its adoptIon IS set foi1.b m
bon of said property by the the findinp above.
CIty and pendinl a PluDlng SECTION 8. This or-
Z 0 n an g a n if U r b a Ii dmance shall take effect and
J L. WILBUR,
Acting CIty Clerk
(SEAL)
Pub. Aug. 24.973.
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- ORDINANCE NO. '1& -The term "dwelling of the City of Ita ditIonal reven!!rrom pro-
(CITY COUNCIL SERIES) ii1ii t" 10 C Iud e sea c Ii MODIca or other offiCial Jects presently pend10g wIll
AN ORDINANCE OF THE smgle famIly dwelhng or body of the City, then be lITetnevably lost, neCESS-
CITY COUNCIL OF THE and each UOlt of an such buIldIng permit ary p'ark and recreational
CITY OF SANTA apartment, duplex or shall be deemed to have faclhty acquIsItIon may be
M 0 N I C A ADD IN G m u It I pie dwelhng been Issued at the tune delayed and acquIsItIon costs
CHAPTER 6C TO ARTI- structure designed as a s u c hex ten Sl 0 n IS of park and recreation faclh-
CLE VI OF THE SANTA separate habitatIon for granted and thefayment ties Will be Increased,
MONICA MUNICIPAL one or more persons, of any addluona fee due developers are threatemng
COD E W HI C H hotel or motel umt, guest under SectIon 6675 shall to commence development
CHAPTER IMPOSES A room, or traIler park be a condlbon precedent prior to the tune that thiS tax
P ARK AND RECREA- space to the grant10g of such could be adopted 10 the or-
TION FACILITIES TAX B The term "person" extensIOn dinary course and create
AND DECLARING THE mcludes every person, D thiS tax shall not be burdens on thiS commumty
PRESENCE OF AN firm, or corporatIon con- apphcable to any buIld- for which there IS not
EMERGENCY structIng a dwelhng umt 109 permit apphed for revenue to compensate, also
THE CITY COUNCIL OF Itself or through the ser- with a full and complete open space and recreational
THE C I T Y 0 F SAN T A ViceS of any employee set of workmg drawings space are necessary for the
MONICA DOS HEREBY agent or mdependenf before the effective date health, safety and general
ORDAIN AS FOLLOWS contractor of thiS ordmance welfare of the cItizens of thIS
SECTION 1 There IS SECTION 6674 SECTION 6677. EX. commuDlty
hereWIth added Chapter 6C TAXES, APPLICA- EMPTION FROM TAX SECTION 5 ThiS or-
to Artlcle VI of the Santa TION The taxes Impos- There shall be exempted dmance IS declared to be an
Monica MUDlclpal Code ed by !tus Chapter shall from the tax set forth 10 emergency measure adopted
WhICh chapter shall read as be apphcable to every Section 6675 the con. pursuant to therrovIslons of
follows. dwelhng umt here10after structIon of any dwelling Section 615 0 the Santa
CHAPTER 6C UNIT constructed 10 the City UOlt to be a.ed ex- MODIca MUDlclpal Charter
DWELLING TAX of Santa MODIca clusIVely for housing the and IS necessary for preserv-
SECTION 6670 ThiS SECTION 6675 elderly or handicapped 109 the pubhc peace, health,
tax shall be known as the TAXES, AMOUNT Ev- persons which it oWned or safety, and the urgency
Par k aDd R ec re a hon ery person constructmg and operated by found a- for Its adoptIon IS set forth 10
FacIlitIes Tax of the CIty any new dwellIng urnt 10 tlOns or corporations the findlOgs above
of Santa Momca the City for WhlCII a Park whIch, pursuant to the SECTION 6 The Mayor
SECTION 6671 CREA- and Recreatlon FaClh- prOVIS Ions of Section shall sIgn and the CIty Clerk
nON OF FUND There tIes Tax IS required to be 33396 of the Health and shall attest to the passage of
IS hereby establIshed a paId by Section 6674 shall Safety Code are entilled thiS ordmance_ -The -CIty
Park and RecreatIOn pay to the City therefor to the welfare exemptIon Clerk shall cause the same to
FaclhtIes Fund All of the sum of Two Hundred proVIded for 10 Section 1- be rUbhsbed once In the offl-
the sums collected pur- Dollars ($200 00) for c of Article xm of the cia news~per wlthln flf-
suant to thIS Chapter each dwelllOg umt State CQnstituUon . teen days affer Its adoption
shall be depoSited 10 said SECTION 6676 SECTION 2. Any provtSlon 'Ibis or,Unance shall become
Park ana Recreahon TAXES WHEN PAVAo of the Santa Monica effectl~n Its adoptlon
FacIlitIes Fund and shall BLE The taxes Im~sed Mumcipal Code, or appendl- ADO this 24tJi day of
be used solely for the by thiS Chapter shall be ces thereto lncoiiSistent July 1973
acquls,~n, Improve- due and payable as here~tb, to the. extent of ~- CLO HOOVER,
ment anQ.: expansion of follows such mconsi.teacieI and no Mayor
PubtiC park playground A The tax imposed by further are hereby repealed. A......EST
andtor r€reation faclh- SectIon 6674 shall be due SECTION 3 If any sectIon, .1 .1 J L WILBUR,
bes-: and payable at the time subsectIon, sentenet:, clause, Acting City Clerk
SECTIfiN' 6672 PUR- of the Issuance of the or phrase of ttus ordinance IS
POSE The City Councll bulldmg penmt for the for a.ny reason held to be State Of Cabfomta )
of the City of Santa construction of any such lOvahd or unconstitutional County Of Los Ant{eles) ss
MODIca hereby declares dwellIng UOlt by a declSl~n of ~y. court of City Of Santa Monica )
t~at the9.axes ~utred B Payment of the competent Jurisdiction, such
(Ol'De~ are bereby taxes Imposed by Sec- dectSlon shall not affect the (SEAL) . tha th
-asses unuant to the bon 6674 sbaH be a conm- vahdity of the remainmg I do hereby certify t e
taxing er of the Clt)': bon precedent to the 19.. 1>.0rtIons of the ordmance. foregolDg ordinance was
of Santa Montca and suance by the City of a The City Councll hereby =:ly ~ddre~~a~?'am:::~g
solely for the purpose of bwldmg permit for the declares that It would have I an a op Co I f th
produc1Og revenue Tbe~ construction of any such passed thiS ordinance and 3~t tb;f ~~ta M:~~a ~n tb:
continued lOcrease 10 the' dwelhng UOlt, proVided, each section, subsecbon, :ug d of July 1973 pur-
development of dwelling' however, that tllere shall Stbeptenfce.. clause't or pbrf atbse t suant ~ SectIon' 615 of the
units 10 the City of Santa: be a refund of such taxes ereo I IrresJ>>ec Ive 0 e . f Sa
MODIca Wlth the atten- In the event the bUIldmg fact that any - one or more - Charter of the City 0 nta
dant Increase 10 popula- permit 18 not approved, sections, subsections, sen- MOteDICf"tt blo~:il followmg
tlOn of the City has cre- or IS not used, lor such tences, clau.Bes or. phrases be voAyoES. eCouncllmen Jud-
ated an urgent need for constructIon declar'ed IDvahd or un- . S k
facilIties to serve the 10- C I th t th t constitutional son, McCloskey, WID,
I t n f n e even a . TrI'veS van den Steenboven
creasmg r:::fu a 10 0 constructIon of any such SECTION 4. The City, ,
~~e p~~f.J.d~ng ~tt;d~:~~ dwelling unit is not com- Council of the City of Santa ~b~ S ' Co U n c II men
revenues With which to menced withIn sixty MODica hnds that an D tun
hnance such publIc (60) days alter the IS- emergency e~lsts f~r the IABSENT CounCilmen
faclhtIes suance of a buildmg per- adoptfon of thiS ordmance, N
SECTION 6673: mlt therefor aad an ex- by reason of the fact that one J L WILBUR
DEFINITIONS For the tension of time for the there are rtsenU)' many Acbng City Cleft
r:rposes of tbts chatter commencement of such projects 0 he type de- (SEAL)
construction IS granted scribed herein about to be -3
e follOWing definit 0IlI by the Buildms Officer constructed in the City Ad- Pub. Aug, 2-1~J
shall apply ·