SECTIONS 51130-51134 - California Statutes

GOVERNMENT CODE

SECTION 51130-51134

51130. The purpose of this article is to provide relief from zoning
as timberland production pursuant to this chapter only when the
continued use of land in the timberland production zone is neither
necessary nor desirable to accomplish the purposes of Section 3(j) of
Article XIII of the Constitution and of this chapter.

51131. A timberland production zone may not be immediately rezoned
except pursuant to a request by a landowner, and as provided in this
article.

51133. (a) If application for conversion is required pursuant to
Section 4621 of the Public Resources Code, the board or council may
tentatively approve the immediate rezoning after notice and hearing
and only if by a four-fifths vote of the full body, and all of the
following occur:
(1) A public hearing is held with notice of the hearing being
given to all owners of lands situated within one mile of the exterior
boundary of the land upon which immediate rezoning is proposed.
(2) The board or council makes written findings that immediate
rezoning is not inconsistent with the purposes of subdivision (j) of
Section 3 of Article XIII of the California Constitution and of this
chapter.
(3) The board or council makes written findings that immediate
rezoning is in the public interest.
(b) The board or council shall forward its tentative approval to
the State Board of Forestry and Fire Protection, together with the
application for immediate rezoning, a summary of the public hearing
and any other information required by the State Board of Forestry and
Fire Protection. The State Board of Forestry and Fire Protection
shall consider the tentative approval pursuant to Section 4621.2 of
the Public Resources Code. Final approval to an immediate rezoning is
given only if the State Board of Forestry and Fire Protection has
approved conversion pursuant to Section 4621.2 of the Public
Resources Code. Upon final approval of conversion, the State Board of
Forestry and Fire Protection shall notify the board or council of
the approval, and the board or council shall remove the parcel from
the timberland production zone and shall specify a new zone for the
parcel.

51134. (a) If an application for conversion is not required
pursuant to Section 4621 of the Public Resources Code, the board or
council may approve the immediate rezoning request only if by a
four-fifths vote of the full board or council it makes written
findings that all of the following exist:
(1) The immediate rezoning would be in the public interest.
(2) The immediate rezoning does not have a substantial and
unmitigated adverse effect upon the continued timber-growing use or
open-space use of other land zoned as timberland production and
situated within one mile of the exterior boundary of the land upon
which immediate rezoning is proposed.
(3) The soils, slopes, and watershed conditions will be suitable
for the uses proposed by the applicant if the immediate rezoning is
approved.
(4) The immediate rezoning is not inconsistent with the purposes
of subdivision (j) of Section 3 of Article XIII of the Constitution
and of this chapter.
(b) The existence of an opportunity for an alternative use of the
land shall not alone be sufficient reason for granting a request for
immediate rezoning pursuant to this section. Immediate rezoning shall
be considered only if there is no proximate and suitable land which
is not zoned as timberland production for the alternate use not
permitted within a timberland production zone.
(c) The uneconomic character of the existing use shall not be
sufficient reason for the approval of immediate rezoning pursuant to
this section. The uneconomic character of the existing use may be
considered only if there is no other reasonable or comparable
timber-growing use to which the land may be put.
(d) Immediate rezoning action shall comply with all the applicable
provisions of state law and local ordinances.
(e) The county or city may require the payment of a fee by the
landowner for the cost of processing the application and recording
the necessary documentation.