§ 8109-4.3.2. Removal from T-P zone.

a.

Owner-Initiated Rezoning—An owner may initiate rezoning of a parcel zoned T-P to another zone, provided, however, that unless the written notice is given at least 90 days prior to the anniversary date of initial zoning, the zoning term shall be deemed extended.

(1)

Within 120 days of receipt of the written notice of an owner's desire to rezone a lot, the Board shall, after a public hearing, rule on the request for rezoning. If the Board denies the owner's request for a change of zone pursuant to this Section, the owner may petition for a rehearing.

(2)

The Board may, by a majority vote of the full body, remove the lot from the T-P Zone and specify a new zone for the lot. The new zone shall become effective ten years from the date of approval.

b.

Immediate Rezoning (Owner-Initiated)—The purpose of this section is to provide relief from zoning as Timberland Preserve only when the continued use of land as a timberland preserve is neither necessary nor desirable to accomplish the purposes of Section 3(j) of Article XIII of the California Constitution, this Ordinance or the applicable sections of Statute 1976, Chapter 176. A Timberland Preserve Zone may be immediately rezoned only at the request of a property owner and as provided in the following subsections:

(1)

If application for conversion is required pursuant to Section 4621 of the Public Resources Code, the provisions of Section 51133 of the Government Code shall apply.

(2)

If an application for conversion is not required pursuant to Section 4621 of the Public Resources Code, the Board may approve the immediate rezoning request only if by a four-fifths ( 4/5 ) vote of the full Board it makes written findings that all of the following exist:

i.

The immediate rezoning would be in the public interest.

ii.

The immediate rezoning 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.

iii.

The soils, slopes, and watershed conditions would be suitable for the uses proposed if the rezoning were approved.

iv.

The immediate rezoning is consistent with the purposes of subdivision (j) of Section 3 of Article XIII of the Constitution and of the Government Code, Section 51100 et seq.

(3)

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. Immediate rezoning shall be considered only if there is no proximate and suitable land which allows the desired use.

(4)

While the uneconomic or unprofitable character of the existing use shall not be sufficient reason for the approval of immediate rezoning, it may be considered if there is no other reasonable or comparable timber-growing use to which the land may be put.

(5)

Immediate rezoning action shall comply with all the applicable provisions of State law and local ordinances.

c.

County-Initiated Rezoning—The County may initiate rezoning of a lot zoned T-P in accordance with the following procedures:

(1)

If the Board, after public hearing and by a majority vote of the full body, desires in any year not to extend the term of the T-P zoning, the County shall give written notice of its intent to rezone. A proposed new zone shall be specified. Unless the written notice is given at least 90 days prior to the anniversary date of the initial zoning, the zoning term shall be deemed extended.

(2)

Upon receipt by the owner of a notice of intent to rezone from the County, the owner may make written protest of the notice and may appeal to the Board within 30 days of receiving notice from the County. The Board may at any time prior to the anniversary date withdraw the notice of intent to rezone.

(3)

The Board shall hold a public hearing on the proposed change and by a majority vote of the full body may reaffirm its intent to change the zoning and specify a new zone. The new zone shall be effective ten years from the date of the reaffirmation vote.