34 - TP TIMBERLAND PRODUCTION ZONING DISTRICT REGULATIONS
The TP district is intended to apply to all lands designated in the General Plan as "timberland preserve." The creation of the timberland production zone (TPZ) is necessary to protect and maintain the timberland of the city through regulation of timberland use. Establishment of this zoning district is consistent with the requirements of the Forest Taxation Reform Act of 1976. It is designed to protect the health, safety and welfare of the people of the city. The TP zoning district is a combining district intended to be attached to an open space (OS) base district when the requirements of this chapter are satisfied.
(Ord. 16.76 § 1 (part), 1989)
A.
"Timber" means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately owned land. This term includes Christmas trees but does not include nursery stock.
B.
"Timberland" means privately owned land or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen cubic feet per acre.
C.
"Timber management plan" means a written plan for development and utilization of timber resources and compatible uses which assures the continued viability of the timberland and which includes reasonable rotation and cutting cycle data.
(Ord. 16.76 § 1 (part), 1989)
The following uses are permitted in the TP zoning district:
A.
Fish and wildlife habitat;
B.
Grazing and other agricultural uses on that portion of the land not under timber production;
C.
The growing and harvesting of timber and other forest products, including Christmas trees, in conformance with the provisions of this chapter;
D.
One single-family dwelling on a separate legal parcel with a minimum area of forty acres;
E.
Accessory dwelling units pursuant to Chapter 17.57 of this title.
(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 50, 12-4-2024)
The following conditional uses may be permitted in the TP zoning district upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:
A.
Conversion to agricultural uses not exceeding ten percent of the total of the timber area on the parcel;
B.
Erection, construction, alteration and maintenance of gas, electric, water or communications facilities;
C.
Outdoor recreational, educational or religious or sectarian activities;
D.
One or more single-family dwellings at a density not to exceed one dwelling unit per ten acres; if more than two dwellings are involved, the development proposal must be clustered and in conformance with an approved planned unit development (PUD) permit.
(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 51, 12-4-2024)
The following special findings shall be made in addition to the findings required for all use permits, pursuant to the provisions of Section 17.50.020 of this title:
A.
That the proposed conditional use would be consistent with the purposes of the Forest Taxation Reform Act of 1976 and the purposes of this chapter; and
B.
That the proposed conditional use is supported by a timber management plan submitted as a part of the application for such proposed conditional use, which timber management plan has been approved by the city council and which approved plan and compliance therewith are made a condition of any use permit granted.
(Ord. 16.76 § 1 (part), 1989)
An owner of land may make application to zone his or her land as timberland production. The city council by ordinance, following the recommendation of the planning commission, pursuant to Section 51110.2 of the Public Resources Code and after public hearings, may zone as timberland production all parcels submitted to it by petition pursuant to this chapter.
A.
A map shall be submitted with the legal description (or reference to a document recorded in the official records of the Santa Cruz County recorder's office containing the legal description) of the parcel desired to be zoned timberland production.
B.
A timber management plan shall have been prepared or approved as to content by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time. The timber management plan shall be approved as submitted or as amended by the city council. Prior to rezoning of the parcel to the TP zone, the parcel owner shall bind himself or herself and his or her successors in interest to carry out the approved timber management plan.
C.
The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the State Board of Forestry for the district in which the parcel is located or the owner must sign an agreement with the city, approved by the city council, to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland production (TP), failure to meet such stocking standards and Forest Practice Rules within this time period provides the city council with grounds for rezoning the parcel(s).
D.
The parcel(s) shall be timberland.
E.
The parcel(s) shall be in compliance with the provisions of this chapter.
F.
The parcel concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code and shall be comprised of single or contiguous parcels consisting of at least five acres in area.
(Ord. 16.76 § 1 (part), 1989)
Rezoning of the land from timberland production zone (TP) to another zoning district shall be in conformance with the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements.
(Ord. 16.76 § 1 (part), 1989)
A.
Parcels zoned as timberland production under this chapter may not be divided into parcels containing less than one hundred sixty acres unless the owners of resulting parcels submit a joint timber management plan prepared or approved as to content by a registered professional forester and such owners enter into a binding contract with the city, approved by the city council, to manage and harvest timber on the timberland jointly and are bound by the provisions of such management plan for a minimum period of twenty years. Any such divisions shall require approval by a four-fifths vote of the city council.
B.
Any land division pursuant to Subsection A of this section shall not create parcels smaller than forty acres, except pursuant to an approved planned unit development that conforms to the density standards and special findings prescribed in Chapter 17.38 of this title.
(Ord. 16.76 § 1 (part), 1989)
34 - TP TIMBERLAND PRODUCTION ZONING DISTRICT REGULATIONS
The TP district is intended to apply to all lands designated in the General Plan as "timberland preserve." The creation of the timberland production zone (TPZ) is necessary to protect and maintain the timberland of the city through regulation of timberland use. Establishment of this zoning district is consistent with the requirements of the Forest Taxation Reform Act of 1976. It is designed to protect the health, safety and welfare of the people of the city. The TP zoning district is a combining district intended to be attached to an open space (OS) base district when the requirements of this chapter are satisfied.
(Ord. 16.76 § 1 (part), 1989)
A.
"Timber" means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately owned land. This term includes Christmas trees but does not include nursery stock.
B.
"Timberland" means privately owned land or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen cubic feet per acre.
C.
"Timber management plan" means a written plan for development and utilization of timber resources and compatible uses which assures the continued viability of the timberland and which includes reasonable rotation and cutting cycle data.
(Ord. 16.76 § 1 (part), 1989)
The following uses are permitted in the TP zoning district:
A.
Fish and wildlife habitat;
B.
Grazing and other agricultural uses on that portion of the land not under timber production;
C.
The growing and harvesting of timber and other forest products, including Christmas trees, in conformance with the provisions of this chapter;
D.
One single-family dwelling on a separate legal parcel with a minimum area of forty acres;
E.
Accessory dwelling units pursuant to Chapter 17.57 of this title.
(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 50, 12-4-2024)
The following conditional uses may be permitted in the TP zoning district upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:
A.
Conversion to agricultural uses not exceeding ten percent of the total of the timber area on the parcel;
B.
Erection, construction, alteration and maintenance of gas, electric, water or communications facilities;
C.
Outdoor recreational, educational or religious or sectarian activities;
D.
One or more single-family dwellings at a density not to exceed one dwelling unit per ten acres; if more than two dwellings are involved, the development proposal must be clustered and in conformance with an approved planned unit development (PUD) permit.
(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 51, 12-4-2024)
The following special findings shall be made in addition to the findings required for all use permits, pursuant to the provisions of Section 17.50.020 of this title:
A.
That the proposed conditional use would be consistent with the purposes of the Forest Taxation Reform Act of 1976 and the purposes of this chapter; and
B.
That the proposed conditional use is supported by a timber management plan submitted as a part of the application for such proposed conditional use, which timber management plan has been approved by the city council and which approved plan and compliance therewith are made a condition of any use permit granted.
(Ord. 16.76 § 1 (part), 1989)
An owner of land may make application to zone his or her land as timberland production. The city council by ordinance, following the recommendation of the planning commission, pursuant to Section 51110.2 of the Public Resources Code and after public hearings, may zone as timberland production all parcels submitted to it by petition pursuant to this chapter.
A.
A map shall be submitted with the legal description (or reference to a document recorded in the official records of the Santa Cruz County recorder's office containing the legal description) of the parcel desired to be zoned timberland production.
B.
A timber management plan shall have been prepared or approved as to content by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time. The timber management plan shall be approved as submitted or as amended by the city council. Prior to rezoning of the parcel to the TP zone, the parcel owner shall bind himself or herself and his or her successors in interest to carry out the approved timber management plan.
C.
The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the State Board of Forestry for the district in which the parcel is located or the owner must sign an agreement with the city, approved by the city council, to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland production (TP), failure to meet such stocking standards and Forest Practice Rules within this time period provides the city council with grounds for rezoning the parcel(s).
D.
The parcel(s) shall be timberland.
E.
The parcel(s) shall be in compliance with the provisions of this chapter.
F.
The parcel concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code and shall be comprised of single or contiguous parcels consisting of at least five acres in area.
(Ord. 16.76 § 1 (part), 1989)
Rezoning of the land from timberland production zone (TP) to another zoning district shall be in conformance with the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements.
(Ord. 16.76 § 1 (part), 1989)
A.
Parcels zoned as timberland production under this chapter may not be divided into parcels containing less than one hundred sixty acres unless the owners of resulting parcels submit a joint timber management plan prepared or approved as to content by a registered professional forester and such owners enter into a binding contract with the city, approved by the city council, to manage and harvest timber on the timberland jointly and are bound by the provisions of such management plan for a minimum period of twenty years. Any such divisions shall require approval by a four-fifths vote of the city council.
B.
Any land division pursuant to Subsection A of this section shall not create parcels smaller than forty acres, except pursuant to an approved planned unit development that conforms to the density standards and special findings prescribed in Chapter 17.38 of this title.
(Ord. 16.76 § 1 (part), 1989)