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and the adopted Mitigation Measure Monitoring Program specifies the required steps to <br /> satisfy each mitigation measure. <br /> 7. The fee required by Fish and Game Code section 711.4 was previously <br /> required for the processing of the EIR for an earlier approval proceeding connected with <br /> this project, and under section 711.4(8), this Board findsthat the project is not tiered or <br /> phased, and separate environmental documents or review by the Department of Fish <br /> and Wildlife is not required, and based on the public interpretation of these statutes by <br /> the Department of Fish and Wildlife staff, find this approval and related Notice of <br /> Determination exempt from the payment of the otherwise applicable fee. <br /> 8. After careful consideration of all facts and evidence as presented at the <br /> hearing, this Board approves the modification of the CUP, subject to recommended <br /> conditions. <br /> 9. The Board approves the modification of CUP, as set forth in Exhibit "D." <br /> All other conditions remain unchanged. Noncompliance with the adopted conditions <br /> and modified conditions of approval for the CUP may cause permit revocation <br /> proceedings in accordance with section 19.102.020 of the Kern County Ordinance <br /> Code. <br /> 10. In approving the modification of the CUP, as recommended by Staff, this <br /> Board finds and determines as follows: <br /> (a) The proposed use is consistent with the goals and policies of the Kern <br /> County General Plan; <br /> (b) The proposed use is consistent with the purpose of the applicable district <br /> or districts; <br /> (c) The proposed use is listed as a use subject to conditional use permits in <br /> the applicable zoning district or districts or a use determined to be similar to a listed <br /> conditional use, in accordance with the procedures set out in section 19.08.030; <br /> (d) The proposed use meets the minimum requirements of the Zoning <br /> Ordinance applicable to the use and complies with all other applicable laws, <br /> ordinances, and regulations of the County of Kern and the State of California; <br /> (e) The proposed use will not be materially detrimental to the health, safety, <br /> and welfare of the public or to property and residents in the vicinity; and <br /> (f) Approval of this request is consistent with past action for similar requests <br /> in the area. <br /> 4 <br />