For the purpose of this chapter, the following words, terms, and phrases shall have the following meanings:
(A) "Class 'A' office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class A office shall be as follows:
(1) Minimum of three stories (exception will be made for March JPA, where height requirements exist);
(2) Minimum of 10,000 square feet per floor;
(3) Steel frame construction;
(4) Central, interior lobby; and
(5) Access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.
(B) "Class 'B' office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class B office shall be as follows:
(1) Minimum of two stories;
(2) Minimum of 15,000 square feet per floor;
(3) Steel frame, concrete or masonry shell construction;
(4) Central, interior lobby; and
(5) Access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building.
(C) "Development project" or "project" means any project undertaken for the purposes of development, including the issuance of a permit for construction.
(D) "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.
(E) "Government/public buildings, public schools, and public facilities" means any owned and operated facilities by a government entity in accordance with § 16.21.040(G)(2). A new development that is subject to a long-term lease with a government agency for government/public buildings, public schools, and public facilities shall apply only if all of the following conditions are met:
(1) The new development being constructed is subject to a long-term lease with a government agency.
(2) The project shall have a deed restriction placed on the property that limits the use to government/public facility for the term of the lease, including all extension options, for a period of not less than 20 years. Any change in the use of the facility from government shall trigger the payment of the TUMF in effect at the time the change is made.
(3) No less than 90% of the total square footage of the building is leased to the government agency during the term of deed restriction the long term and any extensions thereof.
(4) The new development is constructed at prevailing wage rates.
(5) A copy of the lease is provided to the applicable jurisdiction and to WRCOG.
(6) Based on the facts and circumstances WRCOG determines that the intent of the lease is to provide for a long-term government use, and not to evade payment of TUMF.
(F) "Gross acreage" means the total property area as shown on a land division of a map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights-of-way and property lines.
(G) "Guest dwellings" and "detached second units" according to the State of California legal definition as following:
(1) The second unit is not intended for sale and may be rented;
(2) The lot is zoned for single-family dwellings;
(3) The lot contains an existing single-family dwelling;
(4) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling; and
(5) Are ministerially amended by each jurisdiction's local codes.
(H) "Habitable structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws.
(I) "Industrial project" means any development project that proposes any industrial or manufacturing use allowed in the following zoning classifications, as identified in Title 17 or an applicable specific plan: BL1, BLl-O, BL2, BL3, GB, GB1, I, ICDD, IP, LCI, LI, Ml, M2, M2/0, M3, M3/MR, M4, MI, MSI, MU-II, or SCI.
(J) "Long-term lease" as used in the TUMF Program, a long-term lease shall mean a lease with a term of no less than 20 years.
(K) "Low income residential housing" means residential affordable units:
(1) For rental housing, the units shall be made available, rented and restricted to lower income households (as defined in California Health and Safety Code Section 50079.5) at an affordable rent (as defined in California Health and Safety Code Section 50053). Affordable units that are rental housing shall be made available, rented, and restricted to lower income households at an affordable rent for a period of at least 55 years after the issuance of a certificate of occupancy for new residential development; and
(2) For for-sale housing, the units shall be sold to persons or families of low or moderate income (as defined in California Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser's monthly housing cost to exceed affordable housing cost (as defined in California Health and Safety Code Section 50052.5) Affordable units that are for-sale housing units shall be restricted to ownership by persons and families of low or moderate income for at least 45 years after the issuance of a certificate of occupancy for the new residential development.
(L) "Mixed-use development" as used in the TUMF Program, means developments with the following criteria:
(1) Three or more significant revenue-producing uses; and
(2) Significant physical and functional integration of project components.
(M) "Multi-family residential unit" means a development project that has a density of greater than eight residential dwelling units per gross acre.
(N) "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 port 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 may be a 501(c)(3) charitable organization as defined by the Internal Revenue Service.
(O) "Non-residential unit" means retail commercial, service commercial and industrial development which is designed primarily for non-dwelling use, but shall include hotels and motels.
(P) "Recognized financing district" means a financing district as defined in the TUMF Administrative Plan as may be amended from time to time.
(Q) "Residential dwelling unit" means a building or portion thereof used by one family and containing but one kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential dwelling unit" shall not include hotels or motels.
(R) "Retail commercial project" means any development project that proposes any retail commercial activity use not defined as a service commercial project allowed in the following zoning classifications, as identified in Title 17 or an applicable specific plan: ACDD, BLK1, BLK2, BLK3, BLK4, BLK5, BLK6, BP, C, C2„ C3, CG, CO/BP, CP, CR, CS, D, EC, GC, LCI, MU, MU-l, NC, NCD, OP, QP, SC, SCF, SCI, SRSC, TC, or TR, which can include any eating/dining facility residing on the retail commercial development premises.
(S) "Service commercial project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consists of corporate offices, financial institutions, legal, and medical offices, eating/dining facilities, and other uses related to personal or professional services.
(T) "Single-family residential unit" means each residential dwelling unit in a development that has a density of eight units to the gross acre or less.
(U) "TUMF Administrative Plan" means that the TUMF Administration Plan adopted by the WRCOG Execution Committee May 5, 2003, as amended, setting forth detailed administration procedures and requirements for the TUMF program.
(V) "TUMF participating jurisdiction" means a jurisdiction in Western Riverside County which has adopted and implemented an ordinance authorizing participation in the TUMF Program and complies with all regulations established in the TUMF Administrative Plan, as adopted and amended from time to time by the WRCOG.
(Ord. 3264 § 1, 2017; Ord. 3020 § 3, 2009; Ord. 2815 § 1, 2006; Ord. 2807 § 1, 2006; Ord. 2629 § 1, 2003.)