§ 26-98-370. Alternative method and compliance with other laws.

(a)

Sections 26-98-200 through 26-98-380, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Windsor specific plan area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the board of supervisors is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the Windsor specific plan area pursuant to state and local laws. In particular, in the event that the park acquisition, development and frontage fee is challenged by a developer, such developer shall remain liable for the payment of a fee pursuant to the ordinance adopted by the Sonoma County board of supervisors implementing the Quimby Act (Government Code Section 66477 et seq.).

(b)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in the Windsor area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA regulation 15162 which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with the cumulative environmental impacts generated by such project.

(c)

Rezonings made through the Windsor specific plan are subject to a condition subsequent that the fees imposed by Section 26-98-200 through 26-98-380, inclusive, will be paid. Failure to pay such fees shall result in a violation of this condition subsequent and entitle the county to pursue such remedies as may be available to it by law.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)