(a) Required Special Findings for Nontimber Growing and Harvesting Uses. The following special findings shall be made in addition to the findings required by Chapter 18.10:
(1) The proposed uses will be physically compatible with the growing and harvesting of Productivity Act of 1982 and the purposes of Chapter 13.10.371.
(2) The proposed use is supported by a Compatibility Analysis, as defined in section 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 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 and located within the “TP” District.
(c) 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.
(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 whose primary use 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 Section 13.10.372.
(7) The land area to be rezoned is in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and is comprised of single or contiguous parcels consisting of at least five acres in area.
(d) 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. (Ord. 2520, 1/17/78; 3344, 11/23/82; 3432, 8/23/83; 4496-C, 8/4/98; Ord. 4577 § 10, 12/14/99; Ord. 4873 §§ 7, 8, 5/15/07)