Chapter 3.28
MAJOR THOROUGHFARE FUND

Sections:

3.28.010    Major thoroughfare fund established.

3.28.020    Funds allocated.

3.28.030    Subdivision and land improvement approval.

3.28.040    Fee established.

3.28.010 Major thoroughfare fund established.

There is hereby established a major thoroughfare fund pursuant to Section 66484 of the Government Code of California to be used for the accountability of all funds collected pursuant to this chapter.

B. Reference is hereby made to the general plan of the city and in particular to the circulation element of the general plan, with reference to the location of state highway Route 101 as a major thoroughfare through the city of Cloverdale, particularly in the southerly areas of the city, and its direct linkage of the city to a major highway system of the state.

C. The city council finds and determines that as of September 1, 1979, there exists a need for the improvement of major thoroughfares in the southerly portion of the city particularly by signalization to control traffic in a manner to assure a smooth flow of traffic in a north south direction and the location of safe and adequate intersections for the orderly flow of traffic from east to west and vice versa. (Ord. 360-79 § 1, 1979)

3.28.020 Funds allocated.

From and after the effective date of the ordinance codified in this chapter every subdivider of land and every developer of a land project within the city shall pay a fee equal to one hundred fifty dollars per lot, as may be modified pursuant to the authority granted by this chapter, as a condition for the approval of a final subdivision map or as a condition for the issuing of a building permit, such funds to be deposited to the major thoroughfare fund and to be used until further order of this council to defray the cost of improving major thoroughfares by traffic signalization devices. (Ord. 360-79 § 2, 1979)

3.28.030 Subdivision and land improvement approval.

A. For the approval of every subdivision and land project subject to this chapter, the city council will conduct a public hearing to determine the area of benefited land, pursuant to Section 66484 (b) of the Government Code, notice be given as required by the section.

B. At such public hearings the boundaries of the area of benefit, the cost, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment shall not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare.

C. Payment of fees shall not be required unless the major thoroughfare is an addition to, or a reconstruction of, an existing major thoroughfare serving the area at the time of the adoption of the areas of benefit; if within the time a protest may be filed under the provisions of this chapter and notice of hearing pursuant thereto, there is a written protest filed with the city clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proceeding shall be abandoned, pursuant to Section 66484 of the Government Code. (Ord. 360-79 § 3, 1979)

3.28.040 Fee established.

The fee of one hundred fifty dollars per lot is established in this chapter as the amount estimated presumptively to be fair and equitable for the purpose of the ordinance codified in this chapter under the conditions prevailing at the time it is adopted; and the fee is subject to modification in every case, however, upon appropriate finding by the city council at public hearings held pursuant to this chapter, and pursuant to the criteria set forth in Section 66484 of the Government Code of California. (Ord. 360-79 § 4, 1979)