Glenn County Municipal Code § 15.45 TPZ - Timberland Preserve Zone

• 15.45.060 Uses Permitted With A Conditional Use Permit 15.45.070 Site Area

• 15.45.080 Other Requirements

This chapter is adopted pursuant to the mandate and authority of the Z’Berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 and, more particularly, Section 51113 of the Government Code of the state of California, a part of said Act. The purpose of the timberland preserve zone is to provide a zone in the county in which the highest and best use of the land is the growing and harvesting of timber. Lands so zoned will be subject to all of the provisions of the Z’Berg-Warren-KeeneCollier Forest Taxation Reform Act of 1976. (Ord. 1183 § 2, 2006)

Pursuant to Section 51113 (c) and (d) of the Government Code the criteria for parcels of land to be considered for zoning as timberland under the provisions of Section 51113 of the Government Code are set and declared to be the following:

1. A map shall be prepared showing the legal description of the assessor’s parcel number of the property desired to be zoned;

2. A plan for forest management must be prepared or approved as to content, for the property by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan;

3. 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 board 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 under subdivision (a) of Section 51112 of the Government Code, then failure to meet such stocking standards and forest practice rules within this time period provides the board with a ground for rezoning of the parcel pursuant to Section 51121;

4. The land area concerned and described on said map 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 of no less than one hundred sixty acres;

5. The land shall be of “Site III” Site Quality Class, as said term is defined and used pursuant to said Act. Land shall be deemed to be Site III land if the average quality of the land is Site III. “Average,” for the purposes of this subsection means that for every acre of land which is Site IV or Site V quality, there must be at least one acre, respectively, of Site II or Site I land to balance the lesser quality land to create an exact Site III or better numerical average as to quality of acres to be included. (Ord. 1183 § 2, 2006)

For the purposes of this chapter, the terms or words used herein shall be as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code. (Ord. 1183 § 2, 2006)

The zoning of land in the timberland preserve zone is to be limited to those parcels within the county which:

1. Meet all of the requirements for inclusion in “List A” as defined in Section 51110 of the Government Code; or

2. Meet all of the requirements for inclusion in “List B” as defined in Section 51110.1 of the Government Code; or

3. Meet the criteria for parcels of land to be considered for zoning as timberland under the provisions of Section 51113 of the Government Code. (Ord. 1183 § 2, 2006)

The following principal uses and structures which meet the definition of “compatible use” as defined in subdivision (b) of Section 51100 of the Government Code and no others are permitted in timberland preserve zone:

1. Management for watershed;

2. Management for fish and wildlife habitat or hunting and fishing;

3. A use integrally related to the growing and harvesting of forest products, including but not limited to roads, log landings and log storage areas;

4. The erection, construction, alteration or maintenance of gas, electric, water or communication transmission facilities;

5. Grazing;

6. One single-family dwelling or mobilehome for each TPZ contract (refer to mobilehome standards);

7. Buildings and structures which are incidental and accessory to permitted uses, and which are in conformity with uses or forest service practices. (Ord. 1183 § 2, 2006)

The following uses and structures may be permitted in the TPZ zone only if a conditional use permit has first been secured:

1. Sawmills, shingle mills, and other forest products processing operations utilizing power equipment;

2. Subsurface exploration for, and extraction of, mineral resources, including oil, gas and other hydrocarbon substances, and also including geothermal energy production;

3. Commercial storage (storage for resale) of inflammable fluid or gas fuels in a quantity greater than five hundred gallons in any container less than two and onehalf feet below the surface of the ground. (Ord. 1183 § 2, 2006)

Parcels used as timberland preserve may not be divided into parcels containing less than one hundred fifty-five (155) acres unless they meet the requirements established by Section 51119.5 of the Government Code. (Ord. 1183 § 2, 2006)

1. Any rezoning, immediate rezoning or removal from a zone of any parcels zoned timberland preserve zone shall conform to the requirements of Articles 3 - 5, inclusive, (commencing with Section 51121) of Chapter 6.7, Part 1 of Division 1 of Title 5 of the Government Code.

2. All actions not specifically addressed in this chapter must comply with the requirements of Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code. (Ord. 1183 § 2, 2006)