Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2013
 

Other Code Provisions

Public Resources Code

PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS

CHAPTER 8. Forest Practice Act

Article 9. Conversion*

Section 4621.2

4621.2. Conditions for approval of application; written findings. (a) If the timberlands which are to be devoted to uses other than the growing of timber are zoned as timberland production zones under Section 51112 or 51113 of the Government Code, the application shall specify the proposed alternate use and shall include information the board determines necessary to evaluate the proposed alternate use. The board shall approve the application for conversion only if the board makes written findings that all of the following exist:

(1) The conversion would be in the public interest.

(2) The conversion would not have a substantial and unmitigated adverse effect upon the continued timber-growing use or open-space use of other land zoned as timberland preserve 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 would be suitable for the uses proposed if the conversion were approved.

(b) The existence of an opportunity for an alternative use of the land shall not alone be sufficient reason for conditionally approving an application for conversion. Conversion 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 conditional approval of conversion. The uneconomic characterof 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) In the event that the board delegates its responsibilities under this section to the director pursuant to Section 4627, the director shall make the written findings required by subdivision (a). In the event that the director denies a conversion, the applicant may request a hearing before the board within 15 days of the denial. The hearing shall be scheduled within 60 days from the filing of the appeal.

History.—Added by Stats. 1976, Ch. 176, p. 318, in effect May 24, 1976. Stats. 1981, Ch. 714, in effect January 1, 1982, substituted "any information which" for "such information as" in the first sentence, substituted "the" for "such" before "application", added "all of the following" after "makes", and deleted "that" after "findings" in the second sentence of subdivision (a); substituted "." for "; and" in subsections (a)(1) and (a)(2); substituted "is not" for "shall not be" in the first sentences of subdivisions (b) and (c); and substituted "If" for "In the event that" and "Director" for "State Forester" in the first and second sentences, and substituted "The" for "Such" in the third sentence of subdivision (e). Stats. 1982, Ch. 1489, in effect January 1, 1983, substituted "production" for "preserve" after "timberland" and "information the board determines necessary" for "any information which the board determines to be necessary" after "include" in the first sentence, and substituted "written findings that all of the following exist" for "all of the following written findings" after "makes" in the second sentence of subdivision (a); substituted "shall not alone be" for "is not alone" before "sufficient" in the first sentence, and substituted "production" for "preserve" after each "timberland" in the second sentence of subdivision (b); substituted "shall not be" for "is not" after "use" in the first sentence of subdivision (c); and, substituted "In the event that", for "If" at the beginning of the first and second sentences of subdivision (e). Stats. 1990, Ch. 1237, in effect January 1, 1991, deleted former subdivision (d) which provided "The board shall establish and publish a rate schedule of fees to be paid by the landowner for the cost of processing the application and recording the necessary documentation.", and relettered former subdivision (e) as subdivision (d).

* Article 9 added by Stats. 1973, Ch. 880, p. 1630, in effect January 1, 1974.