Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Government Code Provisions

Provisions Relating to Timberland

Chapter 6.7. Timberland*

Article 4. Immediate Rezoning

Section 51133

51133. Application for conversion required; procedure. (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.

History.—Stats. 1977, Ch. 853, in effect September 17, 1977 designated the first sentence as subdivision (a), substituted "only if by" for "upon", added "and" after "Body", and added paragraphs (1) (2) and (3); and designated the next four sentences as subdivision (b). Stats. 1982, Ch. 1489, in effect January 1, 1983, added "State" before "Board" in four places, deleted "such" after "Upon" in the third sentence, and substituted "production" for "preserve" after "timberland" and "the" for "such" before the second "parcel" in the fourth sentence of subdivision (b). Stats. 1998,Ch. 972 (SB 989), in effect January 1, 1999, added "all of the following occur" after "body, and" in the first sentence, and added "California" before "Constitution" in the first sentence of paragraph (2) of subdivision (a); and added "and Fire Protection" after "Forestry" five times in subdivision (b) and substituted "the" for "such" after "council of" in the fourth sentence therein.

* Chapter 6.7 was added by Stats. 1976, Ch. 176, p. 305, in effect May 24, 1976. Secs. 20 and 21 thereof provided no payment by state to local governments because of this act.