2014-144 TUMF Disabled Veterans Program ORDINANCE NO. 2014-144
AN ORDINANCE OF THE CITY OF MENIFEE AMENDING ORDINANCE NO. 2009-62 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
The City Council of Menifee "(City') ordains as follows:
Section 1. Title,
This Ordinance shall be known as Amendment No. 1 to the "Western Riverside County
Transportation Uniform Mitigation Fee Program Ordinance of 2009" ("Ordinance").
Section 2. Findings.
A. 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. 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.
B. 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.
C. 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. Definitions.
The following new definition shall be added to Ordinance No. 2009-62.
"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
Ordinance No. 2014-144
TUMF Amendment Disabled Veterans
TUMF Program the non-profit must be a 501(c)(3) charitable organization as defined by the
Internal Revenue Service.
Section 4. Exemption: Specially Adapted Homes for Severely Disabled Veterans
The following new exemption shall be added to Ordinance No. 2009-62:
"New homes, constructed by non-profit organizations, specially adapted and designed
for maximum freedom of movement and independent living for qualified Disabled
Veterans."
Section 5. 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 6. Severabilitv.
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 7. 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 8. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption.
Section 9. Full Force and Effect.
Except to the extent specifically modified or amended hereunder, all of the terms,
covenants, and conditions of Ordinance No. 2009-62 shall remain in full force and effect
between the Parties hereto.
PASSED APPROVED AND ADOPTED this 21St day of May, 2014, by the following
vote:
AYES: August, Denver, Edgerton, Fuhrman, Mann
NOES: None
ABSENT: None
Scott A. Mann, Mayor
Ordinance No. 2014-144
TUMF Amendment Disabled Veterans
APPROVED AS TO FORM:
,u C_Y i1,
JU16 Biggs, C y A ey
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2014-144to be the original ordinance adopted by the City Council
of the City of Menifee on May 21, 2014 and that said ordinance was published in
accordance with the law.
Date:
Kathy Bennett, City Clerk