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s 1100.1. Public Records.
Note: Authority cited: Sections 4621, Public Resources Code; Sections 6250-6261, Government Code. Reference: Section 6252(d), Government Code; Section 4582.6, Public Resources Code.
s 1101. Purpose.
The purpose of these regulations is to interpret and make specific certain provisions of the Z'berg-Nejedly Forest Practice Act of 1973, contained in Chapter 8 (commencing with Section 4511) of Part 2, Division 4 of the Public Resources Code; the Environmental Quality Act of 1970, contained in Division 13 (commencing with Section 21000) of the Public Resources Code; portions of the Z'berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 (Chapter 176, California Statutes of 1976), contained in Chapter 67 (commencing with Section 51100) or Part 1, Division 1, Title 5 of the Government Code; the California Coastal Act of 1976, contained in Division 20 (commencing with Section 30000) of the Public Resources Code; and the Public Records Act, contained in Chapter 3.5 (commencing with Section 6250) of Division 7, Title 1 of the Government Code. These regulations pertain to the conversion of certain timber-growing lands to a use or uses other than the growing of timber.
Note: Authority cited: Section 4621, Public Resources Code. Reference: Sections 4621 and 30243, Public Resources Code; Section 51133, Government Code; Chapters 176, 1300 and 1330, Statutes of 1976.
s 1102. Authority Delegated to Director.
The Board delegates its authority and responsibilities to the Director for administration of Article 9 (commencing with Section 4621) of Chapter 8, Part 2, Division 4 of the Public Resources Code, and Article 4 (commencing with Section 51130) of Chapter 6.7, Part 1, Division 1, Title 5 of the Government Code, and the administrative regulations adopted pursuant to each of the above cited authorities, except that all hearings thereunder shall be before the Board.
Note: Authority cited: Section 4627, Public Resources Code. Reference: Sections 4621-4628, Public Resources Code; and Section 51133, Government Code.
s 1103. Conversion of Timberland.
Any person, firm, corporation, company, partnership or government agency owning timberland for which the timberland owner proposes conversion as defined in Section 1102 shall apply to the Director on a form prescribed by him for issuance of a Timberland Conversion Permit.
Note: Authority cited: Sections 4621 and 4627, Public Resources Code. Reference: Section 4621, Public Resources Code.
s 1103.1. Prohibited Activity.
(a) No timber operations or other conversion activities shall be conducted on timberland which is proposed to be converted to a use other than the growing of timber unless a conversion permit has been issued by the Director or the Board upon appeal and the permit has been recorded in compliance with 14 CCR 1107.4(a).
(b) No timber operations shall be conducted on timberland for which a conversion permit has been issued until a Timber Harvesting Plan has been filed with, and found in conformance by, the Director in accordance with Article 7 (commencing with Section 4581) of Chapter 8, Part 2, Division 4 of the Public Resources Code and the rules and regulations of the Board issued pursuant thereto.
(c) The timberland owner shall provide each timber operator copies of both the recorded conversion permit, and recorded amendments thereto, and the approved Timber Harvesting Plan. Copies of said documents shall be conveniently available for inspection at all times during timber operations conducted pursuant to said conversion permit.
Note: Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
s 1103.2. Public Records.
All applications, forms, documents, correspondence, maps, photographs, and other materials submitted to the Director or Board relating to an application for conversion are public records pursuant to the provisions of the Public Records Act, contained in Chapter 3.5 (commencing with Section 6250) of Division 7, Title 1 of the Government Code.
Note: Authority cited: Section 4621, Public Resources Code; and Sections 6250-6261, Government Code. Reference: Section 6252(d), Government Code; and Section 4582.6, Public Resources Code.
s 1103.5. Timber Harvesting Plan Processing.
Note: Authority cited: Sections 4621 and 4623, Public Resources Code. Reference: Sections 4581 and 4582, Public Resources Code.
s 1103.7. Coastal Zone Conversion.
Note: Authority cited: Sections 4155, 4621, 21100 and 30243, Public Resources Code. Reference: Sections 21100, 30243, Public Resources Code.
s 1104. Operations Requiring Conversion Permit.
Except as exempted by Sections 1104.1 and 1104.2 of this article a timberland conversion permit issued by the Director is required for conversion of timberland as defined in Section 1100. Issuance of the Timberland Conversion Permit to the timberland owner must be completed before conversion operations begin. "Conversion operations" include final immediate rezoning of timberland production zone lands, and timber operations as defined in PRC 4527 on nontimberland production zone timberlands.
Note: Authority cited: Sections 4621 and 4623, Public Resources Code. Reference: Section 4527, Public Resources Code.
s 1104.1. Conversion Exemptions:
Timber operations conducted under this subsection shall be exempt from conversion permit and timber harvesting plan requirements of this article except no tree that existed before 1800 A.D and is greater than sixty (60) inches in diameter at stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in diameter at stump height for all other tree species shall be harvested unless done so under the conditions or criteria set forth in subsection 1104.1(i). Timber operations shall comply with all other applicable provisions of the Z'berg-Nejedly Forest Practice Act, regulations of the Board and currently effective provisions of county general plans, zoning ordinances and any implementing ordinances. The Notice of Conversion Exemption Timber Operations shall be considered synonymous with the term "plan" as defined in 14 CCR 895.1 when applying the operational rules and regulations of the Board.
(a) This conversion exemption is applicable to a conversion of timberland to a non-timber use only, of less than three acres in one contiguous ownership, whether or not it is a portion of a larger land parcel and shall not be part of a THP. This conversion exemption may only be used once per contiguous land ownership. No person, whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, may obtain more than one exemption pursuant to this section in a five-year period. If a partnership has as a member, or if a corporation or any other legal entity has as an officer or employee, a person who has received this exemption within the past five years, whether as an individual or as a member of a partnership, or as an officer or employee of a corporation or other legal entity, then that partnership, corporation, or other legal entity is not eligible for this exemption. "Person," for purposes of this section, means an individual, partnership, corporation, or any other legal entity.
(1) A Notice of Conversion Exemption Timber Operations (notice) must be prepared by an RPF and submitted to the Director. The notice shall contain the following:
(A) the names, addresses, and telephone numbers of the timber owner, owner of the timberland to be converted, RPF, timber operator, and the submitter of the Notice of Conversion Exemption Timber Operations;
(B) legal description of the area where the timber operation is to be conducted, showing section, township, range, county and assessor parcel number;
(C) maps showing the ownership boundaries, the location of the timber operation, boundaries of the conversion, access routes to operation, location and classification of all watercourses, and landing locations;
(D) incorporation of a signed and dated statement from the authorized designee of the County Board of Supervisors stating that the conversion is in conformance with all county regulatory requirements, including county public notice requirements. When counties do not have an authorized designee, the RPF shall certify that the county has been contacted and the conversion is in conformance with county regulatory requirements (this may be incorporated into the notice);
(E) incorporation of a statement by the owner of the timberland to be converted:
1. certifying that this is a one-time conversion to non-timberland use,
2. certifying that after considering the owner's own economic ability to carry out the proposed conversion and the feasibility evaluation required by 14CCR 1104.1(a)(6) that there is "bona fide intent", as defined in CCR 1100(b), to convert,
3. specifying what the non-timberland use will be after conversion, and
4. certifying and declaring under penalty of perjury that he/she whether acting as an individual, acting as a member of a partnership, or acting as an officer or employee of a corporation or other legal entity, has not obtained an exemption pursuant to this section in the last five years unless a waiver has been granted pursuant to 1104.1(a)(9); and
(F) signature of the submitter, timberland owner responsible for the conversion, the timber operator, and the RPF.
(2) The following conditions apply to conversion exemption timber operations:
(A) All timber operations shall be complete within one year from the date of acceptance by the Director.
(B) All conversion activities shall be complete within two years from the date of acceptance by the Director unless under permit by local jurisdiction. Failure to timely complete the conversion shall require compliance with stocking standards of PRC 4561 and stocking report requirements of Forest Practice Act and Board regulations.
(C) The RPF or supervised designee shall visit the site and flag the boundary of the conversion exemption timber operation and flag any applicable WLPZs and equipment limitation zones.
(D) This section refers to slash and woody debris resulting from timber operations associated with conversion exemptions. The timber operator shall be the responsible party for the treatment of logging slash and woody debris. Responsibility for treatment of logging slash and woody debris may be assumed by the landowner, provided that the landowner acknowledges in writing to the Director at the time of notice such responsibility and specific slash and woody debris treatment requirements and timing.
1. Unless otherwise required, slash greater than one inch in diameter and greater than two feet long, and woody debris, except pine, shall receive full treatment no later than April 1 of the year following its creation, or within one year from the date of acceptance of the conversion exemption by the Director, whichever comes first.
2. All pine slash three inches and greater in diameter and longer than four feet must receive initial treatment if it is still on the parcel, within 7 days of its creation.
3. All pine woody debris longer than four feet must receive an initial treatment prior to full treatment.
4. Initial treatment shall include limbing woody debris and cutting slash and woody debris into lengths of less than four feet, and leaving the pieces exposed to solar radiation to aid in rapid drying.
5. Full treatment of all pine slash and woody debris must be completed by March 1 of the year following its creation, or within one year from the date of acceptance of the conversion exemption by the Director, whichever comes first.
6. Full slash and woody debris treatment may include any of the following:
a. burying;
b. chipping and spreading;
c. piling and burning; or
d. removing slash and woody debris from the site for treatment in compliance with (a)-(b).
Slash and woody debris may not be burned by open outdoor fires except under permit from the appropriate fire protection agency, if required, the local air pollution control district or air quality management district. The burning must occur on the property where the slash and woody debris originated.
7. Slash and woody debris, except for pine, which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying by April 1 of the year following its creation. Pine slash and woody debris which is cut up for firewood shall be cut to lengths 24 inches or less and set aside for drying within seven days of its creation.
All treatment work must be completed prior to the expiration date for the conversion exemption.
8. Any treatment which involves burning of slash or woody debris shall comply with all state and local fire and air quality rules.
9. This section does not supersede more restrictive treatments or time frames within a Forest district or subdistrict.
(E) Timber operations may be conducted during the winter period. Tractor operations in the winter period are allowed under any of the following conditions:
1. During dry, rainless periods where saturated soils conditions, as defined in 14 CCR 895.1, are not present. Erosion control structures shall be installed on all constructed skid trails and tractor roads prior to sunset if the National Weather Service forecast is a "chance" (30% or more) of rain within the next 24 hours.
2. When ground conditions in the conversion exemption area and appurtenant roads satisfy the "hard frozen" definitions in 14 CCR 895.1.
3. Over-snow operations where no soil disturbance occurs.
(F) No timber operations within a WLPZ unless specifically approved by local permit (e.g. County, City).
(G) The timber operator shall not conduct timber operations until receipt of the Director's notice of acceptance. Timber operations shall not be conducted without a valid on-site copy of the Director's notice of acceptance of operations and a copy of the Notice of Conversion Exemption Timber Operations as filed with the Director.
(H) No sites of rare, threatened or endangered plants or animals shall be disturbed, threatened or damaged and no timber operations shall occur within the buffer zone of a sensitive species as defined in 14 CCR 895.1.
(I) No timber operations on significant historical or archeological sites.
(J) The RPF and the timber operator shall meet (on-site, or off-site) if requested by either party to ensure that sensitive on-site conditions and the intent of the conversion regulations such as, but not limited to, slash disposal, will be complied with during the conduct of timber operations.
(3) A neighborhood notification of conversion exemption timber operations shall be posted on the ownership visible to the public by the RPF or supervised designee, at least 5 days prior to the postmark date of submission of the Notice of Conversion Exemption Timber Operations to the Director. The date of posting shall be shown on the neighborhood notice. In addition, immediately prior to the submission of the exemption to the Director, the landowner shall mail a letter to adjacent landowners within 300 feet of the boundaries of the exemption, and to Native Americans, as defined in 895.1 notifying them of the intent to harvest timber. The mailed letter of notice and the posted notice shall contain the following information on a form prepared by the RPF:
(A) the name, address and telephone number of the timberland owner, the timber operator, the agency of the county responsible for land use changes and the designated representative; if any, and the RPF;
(B) the location of the project, parcel number, street address, section, township and range, and;
(C) A statement explaining that this is a conversion from timberland use to a new land use, what the new land use will be, and that the maximum size is less than three acres.
(4) The Director shall determine if the Notice of Conversion Exemption Timber Operations is complete and accurate within fifteen days from the date of receipt.
(A) If the Notice of Conversion Exemption Timber Operations is not complete and accurate it shall be returned to the submitter identifying the specific information required. When found complete and accurate, the Director shall immediately send a notice of acceptance of operations to the submitter.
(5) The timberland owner shall, within one month from the completion of conversion exemption timber operations, which includes all slash disposal work, submit a work completion report to the Director.
(6) The timberland owner shall, using the services of an RPF to the extent the information required is within the scope of professional forestry practice, provide information documenting that the conversion to the stated non-timber use is feasible based upon, at a minimum, the following:
(A) the extent of the vegetation removal and site preparation required for the conversion;
(B) the suitability of soils, slope, aspect, and microclimate for the stated non-timber use;
(7) The Department shall provide for inspections, as needed, to determine that the conversion was completed.
(8) The notice shall expire if there is any change in timberland ownership.
(A) If the conversion has not been completed, the timberland owner on the notice shall notify the Department of the change in timberland ownership on or before 5 calendar days after a change in ownership.
(B) If operations have been conducted, but not completed under the exemption, the timberland owner on the notice shall notify the new timberland owner at least 15 days prior to the sale of the timberland of the requirements under 14CCR 1104.1(a)(8)(C).
(C) If operations have been conducted, but not completed under the exemption, the new timberland owner shall:
1. submit a new notice, or
2. comply with the following:
a. harvest no additional timber;
b. meet stocking requirements of 14CCR 1104.1(a)(2)(B);
c. dispose of the slash created under the exemption activities according to 14CCR 1104.1(a)(2)(D);
d. provide erosion control for skid trails, roads, landings, and disturbed areas as required by the Forest Practice Rules.
e. submit a report within 90 days of the change of timberland ownership that items a through d above were completed.
(9) A timberland owner may request a waiver to the five-year limitation described in 14 CCR 1104.1(a). The Director may grant the waiver upon finding that one of the following conditions exist:
(A)1. the construction of a building approved by the appropriate county/city permitting process is listed in the accepted Notice of Conversion Exemption Timber Operations as the non-timberland use after the conversion, and
2. the timberland owner demonstrates to the Director that substantial liabilities for building construction have been incurred on each conversion exemption that the timberland owner has received in the last 5 years at the time the waiver is requested, and
3. operations conducted on all exemptions issued to the timberland owner within the past 5 years, prior to the time the waiver is requested, have been conducted in a manner that meets or exceeds the intent of the Act and rules or any corrective work required by the Director has been satisfactorily completed.
(B) the change of ownership which caused the previous notice to expire was not the result of the sale of the timberland and the new timberland owner provides information demonstrating that the imposition of the 5-year limitation described in 14 CCR 1104.1(a) would impose an undue hardship on the timberland owner.
(C) the notice has expired and no operations have been conducted.
(D) The timberland owner provides an explanation and justification for the need of a waiver that demonstrates that the imposition of the 5-year limitation described in 14 CCR 1104.1(a) would impose an undue hardship on the timberland owner.
(b) Construction or maintenance of right-of-way by a public agency on its own or any other public property.
(c) The clearing of trees from timberland by a private or public utility for construction of gas, water, sewer, oil, electric, and communications (transmitted by wire, television, radio, or microwave) rights-of-way, and for maintenance and repair of the utility and right-of-way. The said right-of-way, however, shall not exceed the width specified in the Table of Normal Rights-of-Way Widths for Single Overhead Facilities and Single Underground facilities and the supplemental allowable widths.
Nothing in this section shall exclude the applicable provisions of PRC 4292 and 4293, and 14 CCR 1250 through 1258 inclusive for fire hazard clearance from being an allowable supplement to the exempt widths.
(d) Table of Rights-of-Way Widths for Single Overhead Facilities (A single facility for overhead electric lines means a single circuit)
Utility Size Width
Electric (Overhead 0-33 KV 20 '
Distribution and 34-100 KV 45 '
transmission 101-200 KV 75 '
Single Circuits) (pole)
101-200 KV 80 '
(tower)
201-300 KV 125 '
(tower)
301- KV and above 200 '
(tower)
Telephone cable or All 30 '
open wire when
underbuilt
Communications (Radio, All 30 '
Television, Telephone
and Microwave)
Active or passive All 40 '
microwave repeater
and/or radio sites
Microwave paths emanating All 20 ' from edges of
from antennas or passive antenna or passive
repeaters repeater, and
following centerline of
path.
Radio and Television antennas All 30 ' In all directions
Telephone cable or open wire All 30 '
when underbuilt
(e) The above right-of-way widths for above ground facilities shall be allowed supplemental clearances as follows:
(1) Equal additional rights-of-way for each additional facility, including these allowable supplemental clearances under this section.
(2) Additional clearance widths for poles and towers, and for conductor sway as provided in PRC 4292 and 4293, and 14 CCR 1250 through 1258 inclusive, as applicable.
(3) Additional clearance for removal of danger trees as defined in 14 CCR 895.1.
(4) Additional land area for substation and switch yards, materials storage and construction camps, with clearance for firebreaks, and security fencing
(f) Table of Rights-of-Way Widths for Single Underground Facilities
Utility Size Width
Electric, 4 "-6 50 '
Underground "Conduit
More than 6 60 '
"Conduit
Gas, Oil, Water and 6 " diameter 50 '
or smaller
Sewer (Underground Over 6 "-12 60 '
" diameter
pipe) Over 12 "-24 75 '
" diameter
Over 24 "diameter 100 '
Penstocks, Syphons All 100 '
Ditches and Flumes All 150 '
Access Roads All Access road widths may
be up to 14 ' with an addi-
tional 10 ' width at turnout
locations, plus additional
width for cuts and fills.
Access roads shall be in-stalled and
maintained so
as to comply with the
stream protection require-
ments and erosion control
requirements of the Forest
Practice Act, related
regulations, and the District
Forest Practice Rules.
(g) The above right-of-way widths for underground facilities and penstocks, syphons, ditches and flumes shall be allowed supplemental clearances as follows:
(1) Additional width for cuts and fills.
(2) Removal of trees or plants with roots that could interfere with underground facilities, or with cuts and fills for installation.
(3) Additional clearance for removal of danger trees as defined in 14 CCR 895.1.
(4) For compressor, metering and control stations on natural gas pipelines; including firebreaks and security fencing:
(A) 450 foot width at one side of right-of-way and 500 foot length along the compressor stations.
(B) 300 feet x 300 feet on or alongside the right-of-way for metering and control stations.
(h) In-lieu practices for watercourse and lake protection zones as specified under Article 6 of these rules, exceptions to rules, and alternative practices are not allowed.
(i) Harvesting of large old trees shall only occur when:
(1) the tree is not critical for the maintenance of a Late Successional Stand and
(2) an RPF attaches to the exemption an explanation and justification for the removal based on the RPF's finding that one or more of the criteria or conditions listed under subsection (A), (B), or (C) are met. The requirements of (i)(2) need not be met if an approved management document; including but not limited to a HCP, SYP, NTMP or PTEIR; addresses large old tree retention for the area in which the large old tree(s) are proposed for removal and the removal is in compliance with the retention standards of that document. All trees to be harvested pursuant to this subsection shall be marked by an RPF prior to removal.
(A) The tree(s) is a hazard to safety or property. The hazard shall be identified in writing by an RPF or professionally certified arborist;
(B) The removal of the tree(s) is necessary for the construction of a building as approved by the appropriate county/city permitting process and as shown on the county/city approved site plan, which shall be attached to the Notice of Exemption;
(C) The tree is dead or is likely to die within one year of the date of proposed removal, as determined by an RPF or professionally certified arborist.
Note: Authority cited: Sections 4551, 4553, 4584, 4604, 4611 and 4628, Public Resources Code. Reference: Sections 4512, 4513, 4628 and 4584, Public Resources Code.
s 1104.2. Exemption for Conversion of Non-TPZ Land for Subdivision Development.
Timber operations for the conversion of land not in the Timberland Production Zone (TPZ) for subdivision development are exempt from this article, subject to all of the following conditions:
(a) The county board of supervisors or city council having jurisdiction has approved a tentative subdivision map pursuant to the Subdivision Map Act commencing with Government Code Section 66410.
(b) The county board of supervisors or city council having jurisdiction has granted required use permits and other necessary approvals.
(c) Before timber operations begin and before a Timber Harvesting Plan (THP) is submitted, the timberland owner shall file a Notice of Exemption from Timberland Conversion Permit for Subdivision on a form prescribed by the Director. The Notice shall include, but need not be limited to, the following:
(1) Names and addresses of timberland owner(s), timber owner(s), and developer(s).
(2) Documentation that a Notice of Determination has been filed with the Office of Planning and Research pursuant to PRC 21108 or with the appropriate county clerk pursuant to PRC 21152.
(3) Estimated date of completion of the project.
(4) Acres of timberland to be converted.
(5) Legal property description of the conversion area.
(6) Signature, title, and date of signing of the timberland owner(s). In the case of a partnership, at least one of the partners shall sign the application. For a corporation, a corporate officer shall sign. In other cases of more than one owner, all owners shall sign. An agent may sign for the owner(s) if so designated in writing submitted with the Notice.
(7) Plat or map of the area to be converted.
(8) Documentation of the county or city tentative subdivision map approval, conditions of approval, required use permit, or other required county or city project approvals.
(d) Except as provided in this article, the applicable requirements of PRC 4511 through 4628 inclusive, PRC 5093.50 through 5093.68 inclusive, and all regulations adopted pursuant thereto shall apply to the timber operations.
(e) If the subdivision development project is not completed or is abandoned, the Director may take corrective action pursuant to PRC 4605-4611 to have restocked those parts of the area from which timber has been harvested and which do not meet the stocking requirements of this chapter. For purposes of this subsection, the project shall be deemed abandoned or not completed if:
(1) The county or city tentative map approval has expired; and
(2) No further work has been carried on to complete the subdivision for three years after the expected date of completion stated in the THP. The Director shall order inspections as needed to determine whether the project has been completed as proposed.
(f) Partial performance shall be recognized. Those portions of the subdivision shall be deemed completed and excluded from the stocking requirement where the development has been completed and residential services have been provided pursuant to the plan for development.
Note: Authority cited: Sections 4551, 4621 and 4628, Public Resources Code. Reference: Sections 4551.5, 4621.1 and 21100, Public Resources Code.
s 1104.3. Timberland Conversion Permit Fees.
The applicant shall pay an application fee in the amount of $600 for the cost of processing an application for the conversion of timberland to a non timber growing use. Where the land proposed to be converted lies within a TPZ the applicant shall also follow the requirements of Section 1105.1. The fee(s) shall be submitted with the application to the appropriate regional headquarters. Where actual state cost exceeds the application fee, the additional charge equal to the excess cost will be computed using State Administrative Manual Sections 8752.1 and 8740 (dated March 1990). The Department will keep the applicant informed of any additional charges and will advise the applicant of any estimated future costs. All additional charges shall be paid by the applicant to the Department of Forestry Accounting Office before the issuance of the Timberland Conversion Permit. Costs of recording the documents pursuant to this article shall be paid by the applicant.
Note: Authority cited: Sections 4621(b) and 4621.2(d), Public Resources Code. Reference: Sections 4621, 4621(b) and 4621.2, Public Resources Code.
s 1105. Application.
The conversion permit application shall be in a form prescribed by the Director and shall require but not be limited to the following information: the name and address of the applicant; the name and address of the timberland owner of record; the name and address of the timber owner; the legal description, general plan designation, and zoned status of the proposed conversion area; the proposed future use or uses of said area; the dates when conversion is to be commenced and completed; the approximate number of acres to be converted; the zoned status of adjacent property; a description of other land owned by the applicant in the surrounding area which could accommodate the proposed use or uses; together with a copy of the conversion plan. The application shall be executed under penalty of perjury.
Note: Authority cited: Sections 4621 and 4623, Public Resources Code. Reference: Section 4623, Public Resources Code.
s 1105.1. Application Fees.
In addition to the requirements of Section 1104.3, the applicant shall pay a fee in the amount of $100 for the cost of processing an application for conversion where the land proposed to be converted lies within a TPZ. Fees for the recording of documents pursuant to this article shall be borne by the applicant.
Note: Authority cited: Sections 4621(b) and 4621.2(d), Public Resources Code. Reference: Sections 4621, 4621(b) and 4621.2, Public Resources Code.
s 1105.2. Director's Determination.
The Director shall determine the applicant's bona fide intention to convert in light of the present and predicted economic ability of the applicant to carry out the proposed conversion; the environmental feasibility of the conversion, including, but not limited to, suitability of soils, slope, aspect, quality and quantity of water, and micro-climate; adequacy and feasibility of possible measures for mitigation of significant adverse environmental impacts; and other foreseeable factors necessary for successful conversion to the proposed land use.
Note: Authority cited: Sections 4623 and 4627, Public Resources Code. Reference: Section 4623, Public Resources Code.
s 1105.3. Conversion Plan.
A conversion plan in a form prescribed by the Director shall become a part of the application. The plan conversion shall set forth in detail information pertaining to present and future use, soils, topography, conversion techniques, conversion time schedule and such other information as may be required and is applicable to the particular future use to which the land will be devoted.
Note: Authority cited: Sections 4621, 4623, Public Resources Code. Reference: Sections 4621 and 4627, Public Resources Code.
s 1105.4. Additional Proof.
The Director or the Board upon appeal may require that the applicant provide such further or additional proof or information as in the Director's or Board's judgment is necessary to allow him to decide whether or not to issue a conversion permit pursuant to PRC 4621.2 and 4623.
Note: Authority cited: Sections 4621.2 and 4623, Public Resources Code. Reference: Section 4624.5, Public Resources Code.
s 1106. Conversion Permit Issuance.
(a) The Director shall issue a conversion permit if:
(1) in his judgment the bona fide intent of the applicant to convert is established;
(2) he makes the written findings pursuant to PRC 4621.2, when applicable;
(3) he makes the written findings pursuant to PRC 21081, if an environmental impact report has been prepared;
(4) he finds that necessary and feasible mitigation measures have been incorporated into the proposed conversion; and
(5) he finds that no other proximate and suitable land not within a TPZ is available for the proposed alternative use for lands within a TPZ, if PRC 4621.2 applies.
(b) The Board upon appeal shall apply the same standards as the Director in subsection (a) above in determining whether to issue a conversion permit.
Note: Authority cited: Sections 4625, 4627, and 21081, Public Resources Code. Reference: Sections 4621.2 and 21081, Public Resources Code.
s 1106.1. Contents of Conversion Permit.
The conversion permit shall include, but not be limited to, the name of the permittee, identification of code section of the forest practice rules and regulations from which the timber operations are exempt, description of the lands to which the conversion permit is applicable, and the period of time during which the conversion permit is valid.
Note: Authority cited: Section 4625, Public Resources Code. Reference: Section 4625, Public Resources Code.
s 1106.2. Timber Harvesting Plan Processing.
Prior to the start of timber operations, the applicant shall submit to the Director a Timber Harvesting Plan applicable to timber operations set forth in the conversion plan. The THP may be submitted concurrently with the Timberland Conversion Permit application but the Director may not approve the THP until the Timberland Conversion Permit is issued.
Note: Authority cited: Sections 4621 and 4627, Public Resources Code. Reference: Sections 4581 and 4582, Public Resources Code.
s 1106.3. Recordation, Renewal, Transferability.
(a) The permittee shall submit the conversion permit to the County Recorder for recording in each county in which the property is located before beginning any operations contemplated under said permit. Amendments, suspensions, revocations, and cancellations of conversion permits shall be recorded in the same manner.
(b) A conversion permit may be renewed by the Director upon a proper showing of cause and necessity by the permittee. The Director may deny renewal and require a new application if he finds that circumstances have substantially changed.
(c) The privilege granted to the permittee is nontransferable and nonassignable for any purpose without written approval of the Director.
Note: Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
s 1106.4. Conversion Permit Denial.
(a) The Director shall deny a conversion permit:
(1) for any of the reasons set forth in PRC 4624;
(2) if, in the Director's judgment, the applicant has failed to provide satisfactory proof of his bona fide intent to convert;
(3) if the Director cannot make the findings required by PRC 21081, if an environmental impact report has been prepared;
(4) if the Director finds that necessary and feasible mitigation measures have not been incorporated into the proposed conversion; or
(5) for lands within a TPZ, if PRC 4621.2 applies and the Director finds that other proximate and suitable land not within a TPZ is available for the proposed alternative use.
(b) The Board upon appeal shall deny a conversion permit for any of the reasons specified in subsection (a) above.
Note: Authority cited: Sections 4624 and 4627, Public Resources Code. Reference: Sections 4621.2, 4624, 4624.5 and 21081, Public Resources Code.
s 1106.5. Denial, Suspension, Revocation.
(a) Except as provided in subsection (b), the Director may deny, suspend or revoke a conversion permit in accordance with the requirements of Article 9 (commencing with Section 4621 ) of Chapter 8, Part 2, Division 4 of the Public Resources Code, provided that all proceedings in connection with such action shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500 ) of Part 1, Division 3, Title 2 of the Government Code.
(b) The Director may deny a conversion permit pursuant to PRC 4621.2(e) provided that all proceedings in connection with such action shall be conducted in accordance with the provisions of subsection (a) above, except that the applicant must request a hearing before the Board within 15 days of service of the denial. The hearing shall be commenced within 60 days from the filing of the appeal unless a later hearing date is mutually agreed upon by the applicant and the Board.
Note: Authority cited: Sections 4621.2(e), 4624, 4626 and 4627, Public Resources Code; Sections 11500 et seq., Government Code. Reference: Section 4621, Public Resources Code; and Sections 11500 et seq., Government Code.
s 1106.6. Environmental Documentation.
Note: Authority cited: Sections 21000, et seq., Public Resources Code. Reference: Section 15065(b), Title 14 of California Administrative Code.
s 1107. Cancellation by Permittee.
Upon application by the permittee for cancellation, the conversion permit may be cancelled by the Director upon such terms and conditions as he may set forth. Upon cancellation of the conversion permit, an agreement of cancellation, executed by the permittee and the Director, shall be recorded by the permittee in those counties in which the permit was originally recorded. Upon such recording, the subject land shall revert back to timberland and stocking shall be established pursuant to PRC 4561 and 4561.3. The Director shall provide a copy of the cancellation agreement to the county assessors and the county planning directors of those counties in which the property is located.
Note: Authority cited: Section 4621, Public Resources Code. Reference: Sections 4561 and 4561.3, Public Resources Code.
s 1107.1. Conversion Permit Denial.
Note: Authority cited: Sections 4624 and 4627, Public Resources Code. Reference: Sections 4621.2, 4624 and 21081, Public Resources Code.
s 1107.2. Denial, Suspension, Revocation.
Note: Authority cited: Sections 4621.2(e), 4624 and 4626. Public Resources Code. Reference: Sections 4621 and 4624, Public Resources Code; Sections 11500, et seq., Government Code.
s 1107.3. Contents of Conversion Permit.
Note: Authority cited: Section 4625, Public Resources Code. Reference: Section 4625, Public Resources Code.
s 1107.4. Recordation, Renewal, Transferability.
Note: Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
s 1108. Coastal Zone Conversion.
A timberland conversion permit is required for conversion of coastal commercial timberland to uses other than the growing of timber. Except as hereafter provided, conversion of any such timberland shall be limited to providing for necessary timber processing and related facilities.
The Director, or the Board upon appeal, may approve conversion of coastal commercial timberland for other than necessary timber processing and related facilities only if all of the following conditions are met:
(a) Such conversion will not introduce new uses or significantly intensify existing uses that are incompatible with timber growing on areas adjacent to the area proposed for conversion, or that have a substantial adverse impact on coastal resources, as determined by the Director; and
(b) The area proposed for conversion is in a unit of noncommercial size as determined by the California State Coastal Commission or the zoning in a certified local coastal plan; and
(c) The conversion complies with all other applicable laws, rules, and regulations.
Note: Authority cited: Sections 4621, 21100 and 30243, Public Resources Code. Reference: Sections 21100, 30007.5 and 30243, Public Resources Code.
s 1109. Immediate Rezoning.
Immediate rezoning of land within a TPZ shall be accomplished in compliance with one of the two procedures set forth in 14 CAC 1109.1 and 1110.
Note: Authority cited: Section 4622, Public Resources Code. Reference: Section 4622, Public Resources Code.
s 1109.1. City or County Tentative Approval.
When a county Board of Supervisors or City Council tentatively approves an immediate rezoning pursuant to Gov. C. 51133, for which a conversion permit is also required, it shall forward the following to the Director: documentation of its tentative approval upon a four-fifths vote of the full body; copies of the Notices sent to landowners within one mile (1.61 km) of the exterior boundary of the land upon which immediate rezoning is proposed, and the formal findings that immediate rezoning is not inconsistent with the purpose of subdivision (j) of Section 3 of Article XIII of the State Constitution, and findings that rezoning is in the public interest, as required by Gov. C. 51133(a); minutes of public hearing(s), including hearings held by the appropriate local planning agency pursuant to the application for immediate rezoning and any related applications for local government general plan land use category change, conditional use permit, or other entitlement for use; copies of documents, plans, maps, and photographs submitted in conjunction with the said public hearing(s); and copies of completed environmental documentation submitted pursuant to the application for immediate rezoning.
Upon the receipt of the foregoing materials, the completed conversion application and conversion plan, and such further information as may be required, the Director shall determine whether or not to approve the conversion pursuant to PRC 4621.2. Upon approval of the conversion by the Director or by the Board upon appeal, the Director shall so notify the county Board of Supervisors or City Council, who may then finalize the immediate rezoning.
Note: Authority cited: Section 4621.2, Public Resources Code. Reference: Section 51133, Government Code.
s 1109.2. Public Interest.
In determining whether or not to make the written finding contained in PRC 4621.2(a)(1), the Director or the Board upon appeal shall consider the following elements of public interest:
(a) Whether the alternative use will serve a public need; provide a public service; benefit the local community and region, including economic and social benefits; avoid damage or threatened damage to other property, especially public parks and other publicly-owned lands; or involve costs and secondary impacts caused by services required by the alternative use.
(b) The adverse environmental impacts of the alternative use and mitigation thereof. Impacts shall include, but not be limited to, impacts on lakes, streams, and other waters; wildlife; air quality; and aesthetics.
(c) The impact on the long term timber supply capability of California, including the cumulative impact from conversion of similar properties.
(d) The availability of proximate and suitable land to accommodate the alternative use which lies outside of a TPZ or which would involve the removal of lower quality timberlands from productive use.
Note: Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(a)(1), (a)(3), and (b), Public Resources Code; Sections 51110(b), 51110.1(b), 51112(b) and (c), 51134(a)(1) and (b), Government Code.
s 1109.3. No Substantial and Unmitigated Adverse Effect upon Other Timberland Production Zones Within One Mile (1.609 km).
In determining whether or not to make the written finding contained in PRC 4621.2(a)(2), the Director or the Board upon appeal shall consider such adverse factors as increased fire hazard and risk, forest pest potential, mass land movement, gully and sheet erosion, increased windthrow, shock to nearby stands from exposure, harmful fumes, emissions, dust, discharge of waste or chemicals, unconfined grazing of livestock, diversion or impoundment of water, wildlife use changes damaging to other properties, and other potential adverse factors.
Note: Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(a)(2), Public Resources Code.
s 1109.4. Suitability of Soils, Slopes, and Watersheds.
In determining whether or not to make the written finding contained in PRC 4621.2(a)(3), the Director or the Board upon appeal shall consider the following elements: whether the soil types and characteristics can support the proposed use, the erosion potential of the soils and slopes in light of the proposed use, potential mass land movement or subsidence, possible harm to quality or quantity of water produced in the watershed, fire hazard and risk to the watershed, adverse effects to fish and wildlife from removal of habitat cover, and such other elements as appropriate.
Note: Authority cited: Section 4621.2(a)(3) and 4623, Public Resources Code. Reference: Section 4621.2(a)(3), Public Resources Code.
s 1109.5. No Other Reasonable or Comparable Timber Growing Use.
In determining pursuant to PRC 4621.2(c) whether or not timberlands within a TPZ that are the subject of a conversion application may be put to another reasonable or comparable timber-growing use, the Director or the Board upon appeal shall consider timber stand volume, timber growth rate, timber site and soil, climate, potential markets, any other relevant factors.
Note: Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(c), Public Resources Code.
s 1109.6. Supplemental Data and Opinions.
As an aid to the Director or the Board upon appeal in making the findings and approving the proposed conversion pursuant to PRC 4621.2, the Director or the Board upon appeal may upon their own initiative consult with or request reports from appropriate experts. The Director or the Board upon appeal may also require the applicant to furnish appropriate and necessary information or documentation, including that from appropriate expert consultants at the applicant's expense.
Note: Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2, Public Resources Code.
s 1110. Conversion Permit Within TPZ Not Required.
Requests for immediate rezoning for an area exempted from this article pursuant to 14 CCR 1104.1 shall be processed in accordance with Gov. C. 51134.
Note: Authority cited: Section 51134, Government Code. Reference: Section 51134, Government Code.
s 1110.1. City or County Tentative Approval.
Note: Authority cited: Section 4621.2, Public Resources Code. Reference: Section 4621.2, Public Resources Code; Section 51133, Government Code.
s 1110.2. Conversion Permit Within TPZ Not Required.
Note: Authority cited: Section 4526, Public Resources Code. Reference: Section 51134, Government Code; Section 1021, Title 14, Cal. Adm. Code.
s 1111. Public Interest.
Note: Authority cited: Section 4623, Public Resources Code. Reference: Section 4621.2(a)(1), (a)(3), and (b), Public Resources Code; Sections 51110(b), 51110.1(b), 51112(b) and (c), 51134(a)(1) and (b), Government Code.
s 1111.2. No Substantial and Unmitigated Adverse Effect upon Other Timberland ProductionZones Within One Mile (1.609 km). (continued)