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Home My WebLink About14-148 Ordinance - Specially Adapted Homes for Severly Disabled Veterans under TUMF ProgramCITY OF LAKE LSIN0KE DREAM EXFRIEME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MAY 27, 2014 SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE TO INCLUDE NEW EXEMPTIONS FOR NEWLY CONSTRUCTED SPECIALLY ADAPTED HOMES FOR SEVERELY DISABLED VETERANS UNDER THE TUMF PROGRAM Recommendation: Waive further reading and introduce by title only Ordinance No. 2014 -1326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE to include new exemptions for Severely Disabled Veterans under the TUMF Program. Background: The City is a Member Agency of the Western Riverside Council of Governments ( "WRCOG "), a joint powers agency comprised of the County of Riverside, March JPA, and seventeen (17) cities located in Western Riverside County. Acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enhance the capacity of the Regional System of Highways and Arterials due to new development in Western Riverside County could be made up in part by a Transportation Uniform Mitigation Fee ( "TUMF ") on future residential, commercial and industrial development. As a Member Agency of WRCOG and as a TUMF Participating Jurisdiction, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Fee Nexus Study," ( "2009 Nexus Study ") later adopted by the WRCOG Executive Committee. On December 22, 2009, the City adopted the 2009 Nexus Study and Ordinance 1267 to implement the TUMF Program in the City of Lake Elsinore. ORDINANCE OF THE CITY COUNCIL OF LAKE ELSINORE Page 2 May 27, 2014 The WRCOG Executive Committee has recommended that the member cities amend their existing TUMF ordinance to allow for a specific exemption involving housing for disabled Veterans. The proposed amendment will exempt non - profit 501(c)(3) organizations that build new single - family homes specifically constructed and adapted for qualifying severely disabled Veterans. Discussion: On April 7, 2014, the WRCOG Executive Committee approved specific language providing for the above - referenced exemption for severely disabled Veterans and this language has been incorporated into the proposed ordinance amendment before the City Council for consideration. The proposed amendment to exempt non - profit 501(c)(3) organizations from paying TUMF is limited to specially adapted new single - family homes for severely disabled Veterans injured in the theatre of combat operations who have received a letter of eligibility for a Veterans Administration Specially Adapted Housing (SAH) Grant or its equivalent. Fiscal Impact: WRCOG states that the resulting program -wide revenue impact is anticipated to be approximately $1,000,000. WRCOG indicates that this revenue impact will be accounted for in the 2014 TUMF network update. The amendment will not have any specific fiscal impact on the City. Prepared by: Rita Thompson Senior Engineering Technician Approved by: Vince Damasse Director of Public Works Approved by: Grant Yates City Manager Attachments: Ordinance Amended Chapter 16.83 ORDINANCE NO. 2014 -1326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.83 OF THE LAKE ELSINORE MUNICIPAL CODE TO INCLUDE NEW EXEMPTIONS FOR NEWLY CONSTRUCTED SPECIALLY ADAPTED HOMES FOR SEVERELY DISABLED VETERANS UNDER THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM WHEREAS, the City is a member agency of the Western Riverside Council of Governments ( WRCOG), a joint powers agency comprised of the County of Riverside, the March Joint Powers Authority; and 17 cities located in Western Riverside County; and WHEREAS, acting in concert, the WRCOG Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the 'Regional System ") could be made up in part by a Transportation Uniform Mitigation Fee ( "TUMF ") on future residential, commercial and industrial development; and WHEREAS, WRCOG, upon recommendation of the WRCOG Executive Committee, and concurrence by the Member Agencies, now desires to adopt one new exemption under the Western Riverside County TUMF Program; and WHEREAS, the exemption is for newly constructed, specially adapted homes for severely disabled veterans designed for maximum movement freedom and the ability to live more independently at no cost to qualifying disabled veterans; and WHEREAS, TUMF fees will not be used to cover the fair share of these exempted properties on the Regional System; and WHEREAS, the new exemption, because of its small number of estimated properties, will not threaten the reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non - residential users of the development in which the TUMF will be levied. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 16.83.030 of Chapter 16.83 of the Lake Elsinore Municipal Code shall be amended to add the following definitions: "Disabled Veteran" means any veteran who is retired or is in process of medical retirement from military service who is or was severely injured in a theatre of combat operations, and has or received a letter of eligibility for the Veterans Administration Specially Adapted Housing (SAH) Grant Program. I "Non- Profit Organization" means an organization operated exclusively for exempt purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates. For the purposes of the TUMF Program the non - profit must be a 501(c)(3) charitable organization as defined by the Internal Revenue Service. SECTION 2. Part G of Section 16.83.040 of Chapter 16.83 of the Lake Elsinore Municipal Code shall be amended to add the following exemptions: 11. New homes, constructed by non - profit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified Disabled Veterans. SECTION 3. No provisions of this Ordinance amending Chapter 16.83 shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment because of such amendment. SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5. In accordance with State Law, any judicial action or proceedings to attack, review, set aside, void or annul this Ordinance shall be commenced within (90) days of the date of adoption of this Ordinance. SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 7. Except to the extent specifically modified or amended hereunder, all of the terms, covenants, and conditions of Ordinance No. 1267 and the subsequent amendments thereto shall remain in full force and effect. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _ day of 2014, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2014. Mayor City of Lake Elsinore City Council IN ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2014 - was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the _ day of 2014, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Virginia J. Bloom, CMC City Clerk 1