Article VII — Timber Production TP District

In addition to the general objectives of this chapter, the TP District is included in the zoning ordinance to achieve the following purposes:

• (A) To protect and maintain the timberland of the County through regulation of timberland use; to establish a zone district consistent with the mandates of the California Timberland Productivity

Act of 1982; to protect the health, safety and welfare of the people of Santa Cruz County; and to preserve agriculture and other open space uses where compatible with timberland uses. (Ord. 3432 § 1, 1983; Ord. 3632 § 11, 1985; Ord. 4873 § 5, 2007)

• (A) Allowed Uses. The uses allowed in the Timber Production District shall be as provided in the Timber Production Uses Chart below. Certain disallowed uses that were legally established and are preexisting on a parcel may be considered legal nonconforming uses. See SCCC §§ 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses. For amendments to a use with a valid discretionary permit, see SCCC § 18.10.134 .

• (B) Use Permits. A discretionary permit for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Timber Production uses chart. The processing procedures for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

• (C) Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035 , a coastal development permit pursuant to SCCC § 13.20.050 , or other discretionary review.

• (D) Timber Production Uses Chart. Allowed uses and permit requirements in the TP Zone District are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

All discretionary nontimber uses in the TP Zone District shall be compatible with the growing and harvesting of timber as supported by a compatibility analysis, pursuant to SCCC § 13.10.375(A) .

KEY:

• P Permitted by right: Use is allowed without a use permit.

• ZC Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.

• MUP Minor Use Permit: Discretionary permit, no public notice.

• AUP Administrative Use Permit: Discretionary permit with public notice.

• CUP Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.

• MP Mining permit issued in accordance with Chapter 16.54 SCCC, Mining Regulations.

• A Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.

1. Table indicates use permits only. Other discretionary permits may be required.

• (E) Use Conditions.

  • (1) Amplified Entertainment. A CUP is required for outdoor amplified entertainment.

  • (2) Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.

  • (3) Temporary/seasonal use: allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616 .

  • (4) Additional conditions for specific uses are found in other sections of the County Code as referenced in the Timber Production Uses Chart.

(Ord. 3432 § 1, 1983; Ord. 3593 § 11, 1984; Ord. 3632 § 11, 1985; Ord. 3747 § 1, 1986; Ord. 3842

§ 2, 1987; Ord. 3893 § 2, 1988; Ord. 4036 § 6, 1989; Ord. 4099 § 5, 1990; Ord. 4496-C § 33, 1998;

Ord. 4577 § 9, 1999; Ord. 4715 § 9, 2003; Ord. 4744 § 9, 2003; Ord. 4770 § 9, 2004; Ord. 4808 § 21, 2005; Ord. 4814 § 5, 2006; Ord. 4836 §§ 92, 93, 2006; Ord. 4873 § 6, 2007; Ord. 5092 § 4, 2011; Ord. 5229 § 4, 2016; Ord. 5266 § 5, 2018; Ord. 5272 § 6, 2018; Ord. 5325 § 17, 2020; Ord. 5326 § 17, 2020; Ord. 5334 § 6, 2020; Ord. 5336 § 6, 2020; Ord. 5345 § 4, 2020; Ord. 5365 § 4, 2021; Ord. 5382 § 4, 2021; Ord. 5402 § 7, 2022; Ord. 5423 § 16, 2022; Ord. 5439 § 7, 2023; Ord. 5480, 4/8/2025)

• (A) Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

  • (1) Design review is required for some site development permits pursuant to SCCC § 13.11.040 – 13.11.080 .

  • (2) Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134 . For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260 , et seq.

• (B) Site and Structural Dimensions Chart. The following development standards shall apply within the TP District, except as noted elsewhere in this section or in the general exceptions as noted in SCCC § 13.10.510 , et seq.

1. Exceptions to these standards for single-family residential development may be found in SCCC § 13.10.323 .

(C) Minimum Parcel Size.

• (1) Parcels zoned as timber production under this chapter may not be subdivided into parcels containing less than 160 acres unless the owner submits a joint timber management plan prepared or approved as to content by a registered professional forester. The individual designated as possessor of timber rights on the property shall enter into a binding contract with the Board of Supervisors to manage and harvest timber on the timberland and to abide by the provisions of the timber management plan. Any such division shall require approval by a four-fifths vote of the Board of Supervisors. (See Table 13.10.373-2).

a registered professional forester. The individual designated as possessor of timber rights on the property shall enter into a binding contract with the Board of Supervisors to manage and harvest timber on the timberland and to abide by the provisions of the timber management plan. Any such division shall require approval by a four-fifths vote of the Board of Supervisors. (See Table 13.10.373-2).

• (2) Outside the Coastal Zone, no land division shall create parcels smaller than 40 acres, and inside the Coastal Zone smaller than 160 acres, except pursuant to an approval by the Board of Supervisors at a noticed public hearing that conforms to the conditional densities and special findings required by this section and SCCC § 13.10.375 . (See Table 13.10.3732.)

  • (3) Other regulations regarding minimum parcel sizes are found in SCCC § 13.10.510(G) .

• (D) Maximum Residential Density. Residential density shall not exceed: one dwelling unit per 10 acres outside the Coastal Zone, and one dwelling unit per 40 acres inside the Coastal Zone. In addition, the maximum residential density shall conform to the General Plan and Chapter 13.14 SCCC, rural residential density determination matrix. (See Table 13.10.373-2.)

• (E) Clustering. Dwellings built as part of a dwelling group shall be clustered within 200 to 300 feet of each other, where feasible, to facilitate timber harvesting and to preserve the rural character of the land.

• (F) Timber Rights. In a clustered development, that portion of the property not included within the area of clustered parcels shall be held in common ownership and timber rights shall be held by a designated property owner or individual.

• (G) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in an SRA, and the State Fire Code and Title 14 , Chapter 7 , Section 1270.00 , et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.

• (Ord. 3432 § 1, 1983; Ord. 3632 § 11, 1985; Ord. 3747 §§ 2, 3, 1986; Ord. 4406 § 8, 1996; Ord. 4416 § 8, 1996; Ord. 5423 § 16, 2022)

• (A) Required Special Findings for Non-Timber Growing and Harvesting Uses. The following special findings shall be made for any non-timber growing and harvesting use or development for which any type of use permit or site development permit is required pursuant to the Timber Production Use Chart and/or SCCC § 13.11.035 in addition to the findings required by Chapter 18.10 SCCC:

  • (1) The proposed uses will be physically compatible with the growing and harvesting of timber pursuant to the Timber Productivity Act of 1982 and the purposes of SCCC § 13.10.371 ; and

  • (2) The proposed use is supported by a compatibility analysis, as defined in SCCC § 13.10.700-C , submitted as a part of the application for such proposed use, and which compatibility analysis has been approved as submitted, or as amended by the County, as a condition upon any permit granted.

• (B) Agricultural Resource Protection. The regulations and requirements of Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, and the General Plan and Local Coastal Program Land Use Plan policies pertaining to agricultural resource lands shall apply to all agricultural resource lands designated pursuant to Chapter 16.50 SCCC and located within the TP District.

• (C) Location of Development. Development shall be located on the non-timbered portion of the property, except where conversion of timber production land to agricultural use is permitted pursuant to SCCC § 13.10.372-1, TP Uses Chart.

• (D) Zoning to the TP District. An owner may petition to rezone land to the Timber Production District. The Board of Supervisors shall, by ordinance, upon the advice of the Planning Commission pursuant to Government Code Section 51110.2 , and after public hearings, zone as Timber Production parcels submitted to it by petition pursuant to Government Code Section 51113 , which meet all of the following criteria:

  • (1) Submittal of a map with the legal description or assessor's parcel number of the property to be zoned;

  • (2) Submittal of a timber management plan for the property that has 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, as determined by the preparer of the plan;

  • (3) The parcel must either 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 Board of Forestry for the Southern Subdistrict of the Coast Forest District, or the owner must enter into an agreement with the Board of Supervisors that the parcel shall meet such stocking standards and Forest Practice Rules by the fifth anniversary of the signing of the agreement. Failure to meet such stocking standards and Forest Practice Rules within this time period shall constitute grounds for rezoning the parcel;

e Southern Subdistrict of the Coast Forest District, or the owner must enter into an agreement with the Board of Supervisors that the parcel shall meet such stocking standards and Forest Practice Rules by the fifth anniversary of the signing of the agreement. Failure to meet such stocking standards and Forest Practice Rules within this time period shall constitute grounds for rezoning the parcel;

• (4) Upon the fifth anniversary of the signing of the agreement, the Board shall determine whether the parcel meets the timber stocking standards in effect on the date that the agreement was signed. If the parcel fails to meet the timber stocking standards, the Board shall immediately rezone the parcel and specify a new zone for the parcel, which is in conformance with the General Plan/Local Coastal Program Land Use Plan and the primary use of which is other than timberland;

• (5) The parcel is timberland as defined in subdivision (f) of Government Code Section 51104 ;

• (6) Use of the parcel complies with the Timber Production Zone uses set forth in SCCC § 13.10.372 ; and

• (7) The land area to be rezoned 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 40 acres in area.

• (E) Rezoning to Another District. Rezoning of the land from Timber Production (TP) to another zone district shall conform to the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements.

• (F) Timber Harvest Related Helicopter Operations. Staging and loading activities, and service areas, for timber operations involving the use of helicopters shall be prohibited unless the staging, loading or service area:

  • (1) Is on the parcel or on a parcel which is contiguous to the parcel from which the timber is being harvested;

  • (2) Is within a parcel that is either zoned TP or is zoned in another zone district where timber harvesting is permitted; and

  • (3) Is within the boundaries of the timber harvest plan (THP) or the nonindustrial timber management plan (NTMP), and the THP or NTMP is approved by the California Department of Forestry and Fire Protection.

(Formerly 13.10.375; Ord. 3432 § 1, 1983; Ord. 3632 § 11, 1985; Ord. 4496-C § 36, 1998; Ord. 4577 § 10, 1999; Ord. 4873 §§ 7, 8, 2007; Ord. 5015 § 1, 2008; Ord. 5423 § 16, 2022)

• (A) A seller of real property which is located adjacent to land included in the Timber Production (TP) Zone as shown on the County Assessor's parcel maps shall disclose to the prospective purchaser that Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. This property adjoins land included in the Timber Production Zone as designated on the County Assessor parcel maps. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to the growing and harvesting of timber or other uses permitted within the Timber Production Zone.

• (B) The following statement shall be included in the seller's disclosure statement in the form set forth in subdivision (b) of Section 1102.6a of the California Civil Code for the transfer of real property adjacent to land included in a Timber Production Zone as designated on the County Assessor parcel maps and shall be recorded as part of any deed conveying the property:

The property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone.

• (C) The County Building Official shall require, prior to issuance of building permits on parcel(s) adjacent to a Timber Production Zone, either:

  • (1) Recordation of the following statement of acknowledgment by the owners of the property on a form approved by the Building Official:

The undersigned do hereby certify to be the owner(s) of the hereinafter legally described real property located in the County of Santa Cruz, State of California, and do hereby acknowledge that the property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone.

This statement of acknowledgment shall be recorded and shall be binding upon the undersigned, and future owners, encumbrances, their successors, heirs, or assignees. The information contained in this statement of acknowledgement is required to be disclosed to prospective purchasers of the property described herein, and is required to be included in the seller's disclosure statement for the purchase of the property, and in any deed conveying the property.

Or

• (2) Evidence that the above statement or a disclosure statement in compliance with subsection (B) of this section has been recorded in the official records of Santa Cruz County as part of the deed of the parcel.

(Formerly 13.10.376; Ord. 4197 § 1, 1992; Ord. 5423 § 16, 2022)

• (A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

• (B) All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.

• (Ord. 5423 § 16, 2022)

Other use and development standards applicable to the timber production district include but are not limited to the following provisions of the SCCC:

(Ord. 5423 § 16, 2022)

Repealed by Ord. 5423.

(Ord. 4572 § 1, 1999; Ord. 4578 § 3, 1999)