Kern County Municipal Code Ch. 4.30 Endangered Species Mitigation Fees

A. This chapter provides for the establishment of fees which, upon payment, will satisfy U.S. Fish and Wildlife Service, State Department of Fish and Game and county mitigation requirements for endangered species and their habitats which may occur within the area of the county designated in this chapter pending completion and adoption of a habitat conservation plan and issuance of a Section 10(a) permit.

B. The purpose of this chapter is to provide a method for financing development and implementation of a habitat conservation plan and a Section 10(a) permit under the Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.) for the Metropolitan Bakersfield Habitat Conservation Plan Preliminary Study Area. It is the further purpose of this chapter to provide a method for mitigation of impacts to federal and state protected endangered species caused by development of habitat during the preparation of a habitat conservation plan and provide for habitat mitigation as identified in the habitat conservation plan.

(Ord. G-4669 § 2 (part), 1988: prior code § 5700)

As used in this chapter, the following words and phrases are defined as set out in this section:

A. "Accessory building" or "accessory structure" means a building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

B. "Development" means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure or any activity requiring a permit from or the approval by the county which physically disturbs a site, including grading of any parcel of real property within the fee assessment area.

C. "Fee assessment area" means the land within the Metropolitan Bakersfield Habitat Conservation Plan Preliminary Study Area and described in Section 4.30.030.

D. "Habitat conservation plan (HCP)" means a plan prepared pursuant to the provisions of 16 U.S.C. Section 1539.

E. "Interim mitigation (IM)" means fees collected from development for the purpose of financing the HCP and funding habitat acquisition and/or habitat enhancement for federal and state protected plant and/or animal species.

F. "Oil field development" means application and development for the purpose of petroleum extraction or enhancement of petroleum extraction.

G. "Permit" means written governmental approval of authorization issued by an authorized county official empowering the holder thereof to a certain land use entitlement permitted by the county zoning, building or grading ordinances.

H. "Undeveloped" means land not previously occupied by a building or used for a purpose subject to IM fees or land for which a permit was not issued prior to the effective date of the ordinance codified in this chapter.

(Ord. G-4669 § 2 (part), 1988: prior code § 5701)

All those certain lands located in the county of Kern, state of California, as described in this section, are constituted and shall be designated as the Metropolitan Bakersfield Habitat Conservation Plan Preliminary Study Area. The Metropolitan Bakersfield Habitat Conservation Preliminary Plan Study Area is described as follows:

Beginning at the southeast corner of Section 20, T31S, R29E, MDB&M; thence westerly along the southerly section lines to a point on the westerly right-of-way of Interstate 5; thence northwesterly along said westerly right-of-way to a point on the east-west midsection line of Section 23, T30S, R25E, MDB&M; thence easterly along said line to the north-south midsection line of said Section 23; thence northerly along midsection lines to the east-west midsection line of Section 35, T28S, R25E, MDB&M; thence easterly along midsection lines to a point on the west line of Section 31, T28S, R27E, MDB&M; thence northerly along the westerly section lines to the northwest corner of Section 30, T28S, R27E, MDB&M; thence southerly along the easterly section lines to the southeast corner of Section 31, T28S, R30E, MDB&M; thence easterly along the north section lines to the northeast corner of Section 5, T29S, R30E, MDB&M; thence southerly to the southeast corner of said Section 5; thence westerly along the southerly section lines to the southwest corner of Section 6, T29S, R30E, MDB&M; thence southerly along the easterly section lines to the southeast corner of Section 12, T30S, R29E, MDB&M; thence westerly along the southerly section lines to the northeast corner of Section 17, T30S, R29E, MDB&M; thence southerly along the easterly section lines to the True Point of Beginning.

Including any areas bounded by a street of influence; said boundary is then to extend to the outer right-of-way of said street or streets.

(Ord. G-4669 § 2 (part), 1988: prior code § 5702)

A. During the time the IM fee is in effect, prior to the approval of any building permit for development in the unincorporated area of the fee assessment area, the county will collect an interim mitigation fee of six hundred eighty dollars ($680.00) per gross acre of new development unless otherwise exempt under this chapter. Payment of the IM fee will satisfy county conditions of approval placed on projects with regard to impact mitigation for federal and state endangered species which have not previously been satisfied. Except as provided in this chapter, the IM fee shall be collected for all development of undeveloped land on a gross acre basis.

B. IM fees will not be required for the following:

1. Additions, remodels or reconstructions totaling not more than fifty percent (50%) of the square footage of the pre-existing development;

2. Oil field development;

3. Commercial agricultural and related agricultural accessory structures and uses;

4. Development of any parcel of less than one-half (½) gross acre where at least half of the adjacent parcels have been previously developed as of the date of enactment of the ordinance codified in this chapter;

5. Development of any parcel for which the United States Fish and Wildlife Service has approved other mitigation procedures or which does not otherwise violate the provisions of the Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.).

For purposes of this chapter, the foregoing are deemed to have no significant impact on any endangered species.

(Ord. G-4669 § 2 (part), 1988: prior code § 5703)

The IM fee shall be paid in full, in cash, when collected at the time the project applicant makes application for a building permit. The fee may be paid by cash, pledged certificate of deposit, irrevocable letter of credit, or of performance/surety bond if the project applicant wishes to pay the IM fee prior to recordation of the final tract or parcel map. All but cash shall be made payable upon demand by the director of the planning and community development department.

(Ord. G-4669 § 2 (part), 1988: prior code § 5704)

(Ord. No. G-8035, § 15, 4-20-10)

The Metropolitan Bakersfield Habitat Conservation Plan interim fee shall remain in effect until February 1, 1995, or until a Section 10(a) permit is issued by the Department of Interior to the county, whichever occurs first.

(Ord. G-6048 § 3, 1994)

The county will hold IM fees collected by it in a separate trust for payment of HCP development costs and habitat mitigation as identified in the HCP.

(Ord. G-4669 § 2 (part), 1988: prior code § 5706)

The board of supervisors may, from time to time, by resolution adopt regulations for the administration and implementation of this chapter not inconsistent with it. Such regulations, and any amendments thereto, shall be adopted after a duly noticed public hearing.

(Ord. G-4669 § 2 (part), 1988: prior code § 5707)