§ 26-98-450. Amount of Sonoma County airport industrial specific plan fund.

(a)

The costs associated with the improvements shall be spread among all of the properties within the area boundaries in accordance with the provisions of the Sonoma County airport industrial area, specific plan (as amended May 27, 1987) Section VIIIE, entitled "apportionment of capital improvement cost responsibilities."

(b)

Actual assessments will be made upon each individual parcel at the time of development based upon the number of acres approved for construction and any increase of the improvement costs.

(c)

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 area described herein. The fees required herein are fairly apportioned within the Sonoma County airport industrial area on the basis of benefits conferred on affected properties and are consistent with the circulation elements of the general plan and the airport industrial area specific plan. 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.

(Ord. No. 5711 § 6 (Exh. E), 2007.)