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Scotts Valley City Zoning Code

CHAPTER 17

43 - TIMBERLAND PRESERVE ZONE DISTRICT

17.43.010 - Intent and purpose.

The creation of the timberland preserve zone (TPZ) district is necessary to protect and maintain the timberland of the city through regulation of timberland use. To establish a zone district consistent with the mandates of the Forest Taxation Reform Act of 1976 and to protect the health, safety and welfare of the people of the city.

(Ord. 99 § 1 (part), 1980)

17.43.020 - Definitions.

The terms used in this chapter shall be defined consistent with the Forest Taxation Act of 1976.

A.

"Other forest products" means logs, poles, posts, pilings, split products, chips, fuelwood and other solid products.

B.

"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, including Christmas trees, but does not mean nursery stock.

C.

"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.

D.

"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. 99 § 1 (part), 1980)

17.43.030 - Permitted uses.

The following uses are permitted in a timberland preserve zone (TPZ):

A.

The growing and harvesting of timber and other forest products, including Christmas trees, in conformance with the provisions of this chapter;

B.

Watershed management;

C.

Fish and wildlife habitat;

D.

Grazing and other agricultural uses on that portion of the land not under timber production;

E.

One single-family dwelling with utilities, on a separate legal parcel with a minimum of forty acres.

(Ord. 99 § 1 (part), 1980; Ord. No. 16.142, § 55, 12-4-2024)

17.43.040 - Conditional uses.

The following conditional uses may be permitted in a TPZ upon the granting of the appropriate use permit.

A.

Erection, construction, alteration and maintenance of gas, electric, water or communications facilities;

B.

Outdoor recreation, educational or religious activities, in conformance with the provisions of Chapter 17.30 (REC recreation districts) of this title;

C.

Conversion to agricultural uses not exceeding ten percent of the total of the timber area on the parcel;

D.

One or more single-family dwelling at a density in conformance with the General Plan but not to exceed one dwelling unit per ten acres; if more than two new dwellings are involved, the development proposal must be clustered and in conformance with an approved P.U.D.

(Ord. 99 § 1 (part), 1980; Ord. No. 16.142, § 56, 12-4-2024)

17.43.050 - Required special findings for conditional uses.

The following special findings shall be made in addition to the findings required by Section 17.43.040 of this chapter:

That the proposed conditional uses would be consistent with the purposes of the Forest Taxation Reform Act of 1976, the purposes of this chapter, and that the proposed conditional use is supported by a timber management plan submitted as a part of the application for such proposed conditional use, and which timber management has been approved as submitted, or as amended by the city, as a condition upon any use permit granted.

(Ord. 99 § 1 (part), 1980)

17.43.060 - Zoning procedures.

An owner may make application to zone his or her land as timberland preserve. The city council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, Public Resources Code, and after public hearings, shall zone as timberland preserve all parcels submitted to it by petition pursuant to subsection B of Section 17.43.080.

A.

A map shall be submitted with the legal description or assessor's parcel number of the property desired to be zoned.

B.

A timber management plan for the property shall be submitted, which 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, and prior to rezoning of the property to TPZ the property owner shall bind himself and his 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 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 preserve, failure to meet such stocking standards and forest practice rules within this time period provides the city council with grounds for rezoning the parcel.

D.

The parcel shall be timberland.

E.

The parcel shall be in compliance with the timberland preserve zone uses set forth in Section 17.43.030.

F.

The land area 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 continuous parcels consisting of at least five acres in area.

(Ord. 99 § 1 (part), 1980)

17.43.070 - Rezoning from timberland preserve to an alternative zone district.

Rezoning of the land from timberland preserve (TPZ) 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. 99 § 1 (part), 1980)

17.43.080 - Land divisions of TPZ parcels.

A.

Parcels zoned as timberland preserve 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 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; and

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 conditional densities and special findings required by Chapter 17.54.

(Ord. 99 § 1 (part), 1980)