Sonoma County, California, Code of Ordinances >> CHAPTER 26C - COASTAL ZONING RESOURCE DISTRICTS >> Article VII. - TP—Timberland Production District. >>

Article VII. - TP—Timberland Production District.

Sec. 26C-70A. - Purpose.

Sec. 26C-70. - Permitted uses subject to site development and erosion control standards.

Sec. 26C-71. - Uses requiring a use permit.

Sec. 26C-72. - Zone change to timber production zone (TPZ).

Sec. 26C-73. - Division of timber production zone.

Sec. 26C-74. - Bulk and parking standards.


Sec. 26C-70A. - Purpose.

To provide for timberland zoning, a yield tax imposed at the time of harvest, and the conservation and protection of land capable of producing timber and forest products. The compatible uses specified in this section will be included in this zone and are consistent with the Forest Taxation Reform Act of 1976.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-70. - Permitted uses subject to site development and erosion control standards.

The following uses are permitted except within a sensitive area, riparian corridor, area of critical habitat, or unique feature designated in the general plan or coastal plan, in which case a use permit is required. Only those uses permitted in (a) and (b) are considered principal permitted uses, except that additional dwellings beyond one single-family dwelling are not considered to be principal permitted uses. All clearing of vegetation, grading, excavation, fill or construction in association with these uses shall conform to the site development and erosion control standards.

Notwithstanding those uses listed in Section 26C-70 and 71, no use shall be permitted contrary to California Government Code, Chapter 6.7, Article 1, Sections 51100 through 51155.

(a)
Principal uses:
(1)
Management of lands and forests for the primary use of commercial production and harvest of trees, including controlled burns.
(2)
Removal of timber and fuel wood, including uses integrally related to growing, harvesting and on-site processing of forest products including, but not limited to, roads, log landings, log storage areas and incidental logging camps.
(3)
Recreational and educational uses, with or without fee, not requiring any permanent improvement of the land or interfering with the primary use (swimming, hunting, fishing, occasional camping, etc.).
(4)
Management of land for watershed, for fish and wildlife habitat, fish rearing ponds, hunting and fishing, grazing, where these uses are incidental to the primary use.
(5)
The erection, construction, alteration or maintenance of gas, electric, water or communication generating and transmission facilities, including necessary structures.
(6)
Contractor equipment storage incidental to the on-site growing and harvesting of forest products, including parking, repairing and storage of equipment so used. Construction of permanent structures will be subject to Article XXIX.
(7)
The production and harvesting of miscellaneous compatible forest products. (Christmas tree farms and greenery).
(8)
Timber management, including planting, raising, harvesting and incidental milling for non-commercial purposes of trees and logs for lumber or fuel woods, subject to requirements of California Department of Forestry and Fire Protection.
(9)
Temporary or seasonal sales and promotion, and incidental storage of fuel wood which is grown on site.
(b)
Residential Uses:
(1)
One single family dwelling unit with accessory buildings.
(2)
Additional detached single family dwelling units, not to exceed four (4) dwellings on a single ownership, provided that the density does not exceed one (1) single family dwelling unit per one hundred sixty (160) acres, or that density shown in the general plan land use element or that density permitted by a B combining district, whichever is the most restrictive. In the event that more than one (1) such single family dwelling unit is placed on a single lot, the additional dwellings shall be clustered with the primary dwelling in order to minimize roads, drives, and utility extensions. The additional dwellings shall also be subject to design review approval. Development shall comply with coastal plan policies.
(c)
Other uses, unless such uses are in conflict with agriculture or timber production:
(1)
One (1) guest house per lot.
(2)
Occasional cultural events, provided that a written notice stating "The Sonoma County Permit and Resource Management Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days from the date if this notice.". is posted on the property at least ten (10) days prior to issuance of a zoning permit, and no appeal pursuant to Section 26C-331 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26C-331.
(3)
Small family day care.
(4)
Large family day care provided that the applicant shall meet all performance standards listed in Section 26C-325.3.
(5)
Small residential community care facility.
(6)
Non commercial kennels for up to ten (10) dogs.
(7)
Beekeeping.
(8)
All non-residential uses not requiring a use permit in the RRD district, but only on those portions of parcels which are not subject to timber production regulations.
(9)
Ranch roads.
(10)
Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26C-325.7.
(11)
Minor free-standing commercial telecommunication facilities, subject to the applicable criteria set forth in Section 26C-325.7, and subject to approval of a zoning permit, including environmental review, for which notice, including a site plan and one (1) elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 33 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.
(12)
Non-commercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26C-325.7. Facilities between forty feet (40′) and eighty feet (80′) in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 33 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.
(13)
Small wind energy systems not located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to zoning permit approval and the standards in Section 26C-325.8.
(14)
Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses described in Section 26C-70.

(Ord. No. 5436 § 2(l), 2003; Ord. No. 5362 § 2(f), 2002; Ord. No. 5343 § 4, 2002; Ord. No. 5318 § 1, 2001.)

Sec. 26C-71. - Uses requiring a use permit.

(a)
Sensitive area uses:
(1)
Permitted uses listed in Section 26C-70 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.
(2)
Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.
(b)
Resource management uses:

Other aggregate mining operations are not permitted unless excepted by Section 26A-05-010 of the this code.

(1)
Saw mills, planer mills, pulp mills, particle board plants, log ponds, earth-filled dams and lumber yards, with associated uses.
(2)
Development and utilization of natural resources with appurtenant structures. Hardrock quarry operations may be permitted only if they meet the criteria below:
a.
The operation is consistent with the purpose(s) of the resources and rural development district;
b.
The operation involves five (5) acres of land or less;
c.
The operation results in annual production of five thousand (5,000) cubic yards or less;
d.
The quarry does not include crushing, screening, or batching operations;
e.
The operation is subject to payment of fees and other mitigation measures as may be found consistent with aggregate resources management plan;
f.
The operation must have an approved reclamation plan;
g.
The operation is located at least four (4) miles from the nearest approved source of aggregate materials.
(4)
Contractor equipment storage for off-site growing and harvesting of forest products, including packing, repairing and storage of equipment so used. Construction of permanent structures will be subject to Article XXIX.
(5)
Commercial wood yards, including wood splitting and sales of off-site fuel woods.
(c)
Other uses, unless such uses are in conflict with agriculture or timber production:
(1)
Aircraft landing facilities incidental to permitted forestry and recreation related uses.
(2)
Permanently located and improved private and public campgrounds, resorts and "organized camps."
(3)
Such use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber. Any facilities constructed for such use would not be permanent residences, except as provided in other portions of Article VII.
(4)
All nonresidential uses permitted with a use permit in the RRD district, but only on those portions of parcels not subject to timber production regulations.
(5)
Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses.
(6)
Small wind energy systems located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to the standards in Section 26C-325.8.

(Ord. No. 5436 § 2(m), 2003; Ord. No. 5362 § 2(n), 2002; Ord. No. 5343 § 5, 2002; Ord. No. 5318 § 1, 2001.)

Sec. 26C-72. - Zone change to timber production zone (TPZ).

(a)
Property contiguous to and under the same ownership as an existing timber production zone.
(1)
Minimum acreage: No minimum required.
(b)
Timberlands not described in Section 26C-72(a) shall meet the following criteria for inclusion in the timber production district.
(1)
Minimum acreage:
a.
Sites I and II - Forty (40) acres.
b.
All other sites - Eighty (80) acres.
(2)
Applicant shall submit a plan for forest management, whose content shall be prepared or approved, by a licensed professional forester. Such plan shall provide for the eventual harvest of the timber within a reasonable period of time, as determined by the preparer of the plan.
(3)
The parcel shall meet the current timber stocking standards and forest practice rules set forth by the board of forestry for the forest district or the coastal commission special treatment area or any other established by the board of forestry and pertinent to this county.
a.
If the parcel does not meet current stocking standards as determined by the California Department of Forestry and Fire Protection, the owner must sign an agreement with the board of supervisors to meet such stocking standards and forest practice rules by the fifth (5th) anniversary of the signing of such agreement;
b.
If such stocking standards and forest practices are not met by the fifth (5th) anniversary date, the board of supervisors shall immediately rezone the parcel pursuant to Government Code Section 51121.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-73. - Division of timber production zone.

(a)
In the coastal zone, the minimum parcel size for creation of new lots is six hundred forty (640) acres.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-74. - Bulk and parking standards.

(a)
Yard requirements:

The following shall apply except that if the subject property adjoins land which is zoned AR or is designated as agricultural land, the use is subject to the requirements of Section 26C-323(f):

(1)
Front yard: Ten percent (10%) of the depth of the lot, but not more than one hundred feet (100′) nor less than thirty feet (30′).
(2)
Side yard: Ten percent (10%) of the width of the lot, but not more than fifty feet (50′).
(3)
Rear yard: Fifty feet (50′).
(4)
Additional setbacks may be required within sensitive areas, riparian corridors, scenic corridors, areas of critical habitat, or unique feature areas as designated in the general plan or coastal plan.

(b)
Height limits: Height for all structures is measured as the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

An increase in height for structures east of Highway 1 up to a maximum of thirty-five feet (35′) may be considered if the appropriate review body finds that the structure is no higher than twenty-four feet (24′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

Where these requirements conflict with the height, site, and bulk criteria in Appendix B (Bane Bill) of the coastal plan, for those properties listed, the requirements of Appendix B shall be followed.

Expansions of such structures which do not comply with the revised height restrictions shall comply with the new definition of height measurement as stated above, except that the expansion, up to ten percent (10%) of floor area and not to exceed four hundred (400) square feet, shall be allowed, provided that the height does not exceed the height of the structure prior to the expansion, or the building height allowed by this chapter, whichever is greater.

(1)
West of Highway 1: Residential height limits are sixteen feet (16′). Commercial height limits are twenty-four feet (24′).
(2)
Bodega Bay Core Area residential: Sixteen feet (16′) height limit except that in major developments up to fifteen percent (15%) of the units may exceed the height limit.
(3)
East of Highway 1 in the Sereno Del Mar Subdivision: Residential height limits are sixteen feet(16′). The Sereno Del Mar Architectural Review Committee may grant a higher structure to a maximum of twenty-four feet (24′) in accordance with subsection (7) below.
(4)
East of Highway 1 and visible from designated scenic roads: Residential and commercial height limits are twenty-four feet (24′).
(5)
East of Highway 1 and are not visible from designated scenic roads: Fifty feet (50′).
(6)
Agricultural structures: Fifty feet (50′); however, structures shall not obstruct views of the shoreline from coastal roads, vista points, recreation areas, and beaches; and structures shall be sited to minimize visual impacts.
(7)
Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26C-325.7.
(8)
An increase in height for residential structures west of Highway 1, up to a maximum of twenty-four feet (24′), may be approved if the appropriate review body finds that the structure is no higher than sixteen feet (16′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.
(9)
A legal single family dwelling or appurtenant structures for which a building permit was issued after December 1, 1980, shall be considered to be conforming with regard to the height measurement. Repair and remodeling of such structures shall be allowed provided that the height does not exceed the height of the structure prior to the remodel or repair, or the building height allowed by this chapter, whichever is greater.
(c)
Parking:
(1)
On-site parking shall be provided for a minimum of two (2) vehicles for each dwelling unit.
(2)
On-site parking shall be screened from view from public roadways by natural vegetation, landscaping, natural topography, fencing or structures.
(3)
On-site parking shall not block emergency vehicle access ways or turnarounds.
(d)
Environmental and hazards requirements.
(1)
Environmental protection and hazards recommendations contained in the coastal plan, Chapter 3, and land use recommendations 20 and 21, Chapter 7, shall be applied to development projects within or affecting identified "Potentially Sensitive," "Conservation," "Sanctuary Preservation," and "Geologically Unstable" areas on open space and hazards maps.
(2)
All development shall be subject to site development and erosion control standards. These standards are to be used as the minimum standards for development in the coastal zone. Where both these standards and the policies of the coastal plan apply to a development, the policies of the coastal plan shall take precedence over these standards. Where the policies and standards of the general plan are more restrictive than those of the coastal plan or any of the standards below, the general plan standards and policies shall apply. Development shall comply with coastal plan policies.
(3)
No development or grading shall occur on slopes greater than thirty percent (30%), unless no feasible alternate site is available.
(e)
Access dedication.
(1)
Each permit must conform to Chapter V access provisions of the coastal plan. An offer of dedication is required if an access way is shown on the property in the access plan. Consult Chapter V in the coastal plan for a description of each access way and procedural requirements for dedication. In addition, existing prescriptive rights must be protected even if no access way is shown in the access plan.
(2)
Two types of access may be required: Lateral and/or vertical.
a.
Lateral access refers to access paralleling the water's edge, either on the beach or the bluff. For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory, unless the project has no direct or cumulative impact on the availability of public access to the coast. When there is a bluff, beach access to the toe of the bluff should be dedicated. If not, a twenty-five feet (25′) wide access way should be dedicated. If a bluff top trail is shown in the access plan, a bluff top easement dedication shall be required to be described as an area beginning at the bluff edge extending approximately twenty-five feet (25′) inland. In no case shall the dedicated easement be required to be closer than ten feet (10′) to a residential structure.
b.
Vertical access dedications are necessary to provide access from the public roadway to the shoreline. A corridor easement should be a minimum of fifteen feet (15′) in width with slope easements plus the additional area necessary for the placements of improvements.
(f)
Design requirements:
(1)
All new development shall conform with coastal plan visual resource recommendations, applicable scenic view protection policies and policies related to landform and vegetation categories included in the coastal administrative manual, or subsequently approved area design guidelines.
(2)
Design review to be required in accordance with the procedures described on the review process final view rating maps on file in the permit and resource management department and incorporated by reference.
(3)
New extensions of utility distribution lines shall be undergrounded, except when such undergrounding would have a more significant environmental effect than an overhead line.

(Ord. No. 5318 § 1, 2001.)