HomeMy WebLinkAboutOrd. No. 2014-1326ORDINANCE 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:
CITY COUNCIL ORDINANCE NO. 2014 -1326
Page 2 of 3
"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.
"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.
CITY COUNCIL ORDINANCE NO. 2014 -1326
Page 3 of 3
INTRODUCED at a regular meeting of the City Council of the City of Lake
Elsinore, California, on the 27th day of May, 2014, and adopted at a regular meeting of
the City Council of the City of Lake Elsinore, Caljfornia, on the) pth day of June, 2014.
Natasha Joh
APPROVED AS TO
Zeid JAeibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2013 -1326 was introduced at the regular City Council
meeting of May 27, 2014, and adopted at the regular meeting of June 10, 2014,
by the following roll call vote:
AYES: Council Member Hickman, Council Member Tisdale, Council
Member Magee, Mayor Pro Tern Manos and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None \A.
Virgini . Blo ,City Clerk