§ 26C-327. Minor timberland conversions.

(a)

All minor timberland conversions shall require a zoning permit. Notice of the permit shall be mailed to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the subject property and posted in at least three (3) public places on or near the subject property at least ten (10) days prior to issuance of the permit. The notice shall include an explanation of the procedure to appeal issuance of the permit. In addition to such other plans and date as are necessary to determine compliance with this chapter, the application for the permit shall be accompanied by all of the following:

(1)

A statement of the approximate number, size, species, age, and condition of the trees to be included in the minor timberland conversion, the amount of land clearing to be done, the equipment to be used, the method by which slash and debris are to be removed or disposed of, and a schedule of daily operations.

(2)

A copy of the notice of conversion exemption timber operations prepared by a registered professional forester and submitted to the California Department of Forestry and Fire Protection for the minor timberland conversion.

(3)

A statement by the owner of subject property consenting to the minor timberland conversion, certifying that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter, and specifying what the new non-timber growing use will be after the conversion. The statement shall include evidence acceptable to the director of the permit and resource management department of the bona fide intent to undertake and complete the conversion. Such evidence shall include, but not be limited to, a valid use permit, building permit, or septic permit, approved grading plans for road construction, or an agricultural management plan or soil capability study demonstrating the feasibility of the new non-timber growing use.

(4)

Any other information the director of the permit and resource management department deems necessary to make a decision on the application. Such information may include, but shall not be limited to, drainage or erosion control details and biotic studies.

(b)

No zoning permit shall be issued for a minor timberland conversion unless it is determined that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter. The determination of bona fide intent shall include consideration of the economic feasibility of the conversion, the environmental feasibility of the conversion, including, but not limited to, the suitability of soils, slope, aspect, quality and quantity of water, and micro-climate, and any other foreseeable factors necessary for successful conversion to the new non-timber growing use.

(c)

All minor timberland conversions shall be conducted in accordance with the provisions of Title 14, California Code of Regulations, Section 1104.1.

(d)

All minor timberland conversions shall be completed and the new non-timber growing use underway within two (2) years after the zoning permit is granted.

(e)

All minor timberland conversions shall minimize damage to soils, residual trees, young growth, and other vegetation, and prevent erosion and damage to neighboring properties.

(f)

No minor timberland conversion shall be conducted during the winter period unless it is carried out in accordance with Title 14, California Code of Regulations, Section 914.7, subsections (a) and (b).

(g)

No minor timberland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(h)

No minor timberland conversion shall include the cutting or removal of any old growth redwood unless a registered professional forester certifies in writing that the tree poses a serious danger to persons or property.

(Ord. No. 5318 § 1, 2001.)