§ 26-88-160. Major timberland conversions.

This section establishes standards for major timberland conversions.

(a)

Permitted Use, Zoning Districts. Except as otherwise provided in subsection (b) of this section, major timberland conversions shall be a use permitted with a use permit in the RRD, RRDWA, and TP zoning districts, and a permitted use in all other zoning districts. Major timberland conversions may convert timberland to any permitted use or use permitted with a use permit in all zoning districts, except for the TP zoning district. In the TP zoning district, major timberland conversions may be undertaken only to convert timberland to a permitted use or use permitted with a use permit that does not significantly detract from the use of the property for, or inhibit, timber production.

(b)

Permit Requirement. A major timberland conversion shall require use permit approval in compliance with this chapter in the RRD, RRDWA, and TP zoning districts, except for a major timberland conversion to convert timberland to a minor public service use or facility, which shall be a permitted use and shall not require a use permit. The minor public service use or facility itself, however, shall require use permit approval in compliance with this chapter.

(c)

Application Requirements. The use permit application for a major timberland conversion shall include all of the information and materials required by Section 26-92-170, and, where the California Department of Forestry and Fire Protection is the lead agency, the timberland conversion permit, timber harvesting plan, and environmental documents approved by that agency for the proposed major timberland conversion.

(d)

Criteria for Approval. A use permit for a major timberland conversion shall not be approved unless the decision maker makes the findings required by Section 26-92-080, and determines that the proposed major timberland conversion complies with the following standards:

(1)

The proposed major timberland conversion includes substantial public benefits that outweigh the long-term loss of timberland, considering both the quantity and quality of the timberland being converted and the timberland being preserved pursuant to subsection (d)(2) of this section.

(2)

Two (2) acres of timberland with a natural slope no steeper than fifty percent (50%) are permanently preserved for timber production for each acre of timberland being converted, subject to the following requirements:

(i)

The preserved timberland shall be subject to the review and approval of the decision maker as part of the use permit approval for the proposed major timberland conversion.

(ii)

The preserved timberland shall be enforceably restricted with a perpetual protective easement preserving and conserving the preserved timberland for timber production, while protecting any riparian or other biotic resources on the preserved timberland consistent with applicable federal, state, and county statutes, ordinances, rules, and regulations. The protective easement shall be dedicated to the county or a public agency or qualified nonprofit organization approved by the county, and shall be recorded prior to commencement of timber operations for the major timberland conversion.

(iii)

The preserved timberland shall be located within the county, either on the same property as the timberland being converted or on other property in the local area.

(iv)

The preserved timberland shall be contiguous to other timberland where contiguity is feasible and is necessary or desirable to better ensure the viability of the preserved timberland for timber production.

(v)

The preserved timberland shall have the same site classification or higher as the timberland being converted.

(vi)

Any preserved timberland that does not meet state stocking standards shall be rehabilitated in compliance with the following requirements:

(A)

The understocked preserved timberland shall be rehabilitated to meet state stocking standards within five (5) years after the use permit approval for the proposed major timberland conversion. The rehabilitation shall be conducted by or under the supervision of a registered professional forester. Timber seedling planting for the rehabilitation shall be completed and verified by the registered professional forester prior to commencement of timber operations for the major timberland conversion. Upon completion of the rehabilitation, the registered professional forester shall certify that the preserved timberland meets state stocking standards.

(B)

Performance of the rehabilitation shall be guaranteed by a bond or other form of security acceptable to the planning director in the amount of one hundred percent (100%) of the total estimated cost of the rehabilitation. The security shall be released upon certification by the registered professional forester that the preserved timberland meets state stocking standards. The county may redeem the security, complete the rehabilitation with its own forces or by contract, and use the security to offset the costs of such undertaking where satisfactory progress is not made toward completion of the rehabilitation in a timely manner, or where at the conclusion of the five (5) year rehabilitation period the preserved timberland does not meet state stocking standards.

(Ord. No. 5695 § 1, 2007: Ord. No. 5651 § 1(y), 2006.)