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HomeMy WebLinkAbout14-03 CC OrdinanceORDINANCE NO. 14-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE TO INCLUDE THE DEFINITION FOR DISABLED VETERAN, AN EXEMPTION FOR NEWLY CONSTRUCTED SPECIALLY ADAPTED HOMES FOR SEVERELY DISABLED VETERANS UNDER THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM, AND DETERMINING THAT THE ORDINANCE IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER SECTION 15378(B)(4) OF THE CEQA GUIDELINES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. Following the recommendation from the Western Riverside Council of ' Governments' (WRCOG) staff, City of Temecula Staff determined the need to amend Chapter 15.08 of the Temecula Municipal Code. B. The City Council, at a regular meeting, considered the Ordinance and on May 13, 2014, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. C. Following the public hearing, the City Council considered the entire record of information received at the public hearing. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings D. This Ordinance shall be known as Amendment No. 1 to the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2009" (Ordinance). E. The City is a member agency of the Western Riverside Council of Governments, a joint powers agency comprised of the County of Riverside, the March Joint Powers Authority, and 17 cities located in Western Riverside County. 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 (Regional System) could be made up in part by a Ords 14-03 Transportation Uniform Mitigation Fee (TUMF) on future residential, commercial and industrial development. F. WRCOG, upon the recommendation of the WRCOG Executive Committee, now desires to adopt one new exemption under the Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2009. The exemption is for newly constructed, specially adapted homes for severely disabled veterans designed for maximum freedom movement and the ability to live more independently at no cost to qualifying disabled veterans. G. The City Council finds and determines that 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 has also estimated the cost of the new exemption and understands that the TUMF fees will not be used to cover the fair share of these exempted properties on the Regional System. Section 3. Environmental Findings. The Transportation Uniform Mitigation Fee Program as described in this Ordinance is not a "project' within the meaning of ' Section 15378(b)(4) of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. Section 15378(b)(4) of the CEQA Guidelines states that a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The proposed exemption to Ordinance 10-02 establishes that a certain development type is exempt from paying TUMF fees, which is a funding mechanism for potential transportation improvements, and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This proposed amendment to Ordinance No. 10-02 will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061(d) and 15062, a Notice of Exemption will be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and therefore, no environmental impact assessment is necessary. Section 4. Municipal Code Amendment. Section 15.08.030 of Capter 15.08 of Title 8 of the Temecula Municipal Code is hereby amended by adding new definitions to read as follows: ""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." Ords 14-03 2 ""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 5. Municipal Code Amendment. Section 15.08.040.F of Chapter 15.08 of Title 8 is hereby amended to add a new paragraph to read as follows: 11. New single-family homes, constructed by non-profit organizations, specially adapted and designed for maximum freedom of movement and independent living for qualified Disabled Veterans." Section 6. Effect. No provisions of this Ordinance shall entitle any person who has already paid the TUMF to receive a refund, credit or reimbursement of such payment because of this new exemption. Section 7. Severability. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable ' for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. Section 8. Judicial Review. In accordance with state law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within ninety (90) days of the date of adoption of this Ordinance. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 10. Full Force and Effect. Except to the extent specifically modified or amended hereunder, all of the terms, covenants, and conditions of Ordinance No. 10-02 shall remain in full force and effect between the Parties hereto. Ords 14-03 3 ' PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27`h day of May, 2014. Maryann Edwards, Mayor ATTEST: �Cmwa-- Gwyn R. Mres, CMC Acting City Clerk [SEAL] Ords 14-03 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 14-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 13th day of May, 2014, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of May, 2014, by the following vote: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 1 COUNCIL MEMBERS ABSTAIN: 0 COUNCIL MEMBERS: Ords 14-03 5 Naggar, Roberts, Washington, Edwards Comerchero Gwyn R. Flores, CMC Acting City Clerk