Chapter 8.146 — TPZ-CZ, TIMBERLAND PRESERVE ZONE, COASTAL ZONE

The Board of Supervisors finds and declares that the forest resources and timberlands of the County are among its most valuable natural renewable resources. The timberlands augment the economic base through provision of resources for forest products, watershed protection, encouragement of tourism and enhancement of the living environment. The provisions of this ordinance are enacted in the interest of the welfare of the people of San Mateo County, so that:

1. The timberlands of the County shall be protected and the ecological balance of such timberlands shall be preserved.

2. The public shall be protected from the environmental deterioration, hazards and costs of inappropriate development in the hills and forests.

3. A viable economy shall be fostered in the forests utilizing intensive forestry practice based on productivity of land rather than on its sale and development.

4. Relatively large land management units shall be encouraged for ease of timber production, recreation, and other uses compatible with maintaining timberlands in productive economic units.

5. The multiple uses of forest resources are integrated to achieve the goals of private ownership, while giving consideration and protection to the public’s need for watershed protection, fisheries and wildlife, and recreational opportunities alike in this and future generations.

6. The Board of Supervisors by enactment of this ordinance does not intend to take private property for public use without payment of just compensation.

The Board of Supervisors further finds and declares that it is necessary to enact this ordinance for the reasons listed above and to promote the public health, safety, general welfare and prosperity of the County, while respecting and recognizing individual rights to develop, maintain, and enjoy private property to the fullest possible extent as is consistent with the public interest, convenience and necessity.

The Timberland Preserve Zone (hereinafter the TPZ) shall replace a portion of the Resource Management District Zone. Any parcel rezoned from TPZ shall be placed in a zone consistent with the General Plan designation of the parcel.

In this ordinance, the following definitions apply, unless the context clearly requires otherwise:

1. “Compatible use” is any use which does not significantly detract from the use of the property for, or inhibit growing and harvesting timber, and shall include, but not be limited to, the following rules unless in a specific instance such a use would be contrary to the preceding definition of compatible use:

   • a. Watershed management including the management of all the natural resources of a watershed to protect, maintain, or improve its water quality and yield.

   • b. Management of lands for wildlife habitat.

   • c. Management for recreation:

     • (i) Hunting, fishing, horseback riding, and hiking.

     • (ii) Outdoor recreation uses requiring some development such as campgrounds, overnight shelters, or motorcycle parks.

   • d. A use integrally related to the growing, harvesting and processing of forest products, including but not limited to roads, log landings, log storage areas, and minor portable sawmilling.

   • e. Grazing.

   • f. Mineral and hydrocarbon production.

   • g. Energy resource development.

   • h. The erection, construction, alteration or maintenance of gas, electric, water or communications, transmission facilities.

   • i. Outdoor education activities or development.

   • j. Residential housing.

• k. Scientific/Technical Research and Test Facilities, provided a Development Permit shall only be issued for this use upon the following findings:

  • (i) That the use is of a low-intensity nature with a minimum of permanent construction required, no permanent on-site personnel or permanent on-site vehicles.

  • (ii) That the nature of the operation requires an open, isolated, and radio frequency interference-free environment.

  • (iii) That no manufacturing or industrial activities are involved.

  • (iv) That the size, location and design of any proposed facility as well as level of activity on the site are compatible with the policies of the Local Coastal Program.

  • (v) That the proposed use does not impair existing or potential timber production uses on the site or on surrounding properties. The applicant shall demonstrate how timber production will not be impaired, including provisions for leasing portions of the site for timber production purposes.

  • (vi) That proposed use of facility does not create a potential for any health or safety hazard.

  • (vii) That the applicant for such a facility shall describe the manner in which other users might be accommodated in sharing the proposed facility so as to avoid the duplication of such facilities in the future.

• l. Keeping of pets in association with a one-family dwelling.

• m. Limited keeping of pets in association with a farm labor housing unit.

• n. Animal fanciers.

• o. Kennels or catteries, subject to a kennel/cattery permit.

• p. Keeping of confined animals.

2. “Contiguous” means two or more legal parcels that are adjoining or neighboring or are sufficiently near to each other as determined by the Planning Commission, or on appeal of the Board, that they are manageable as a single forest unit.

3. “Development” means the construction of any significant structure on land or in or underwater; the discharge or disposal of any significant dredged material or any gases, liquid, solid or thermal waste; the grading, removal, dredging, mining or extraction of more than 300 cubic yards of any material cumulatively, or within any scenic corridor as defined in the Open Space and Conservation Element of the San Mateo County General Plan, 25 cubic yards of any material; the division of land; reconstruction or substantial alteration of any significant structure, including any facility of any private, public, or quasi-public utility; any manufacturing or motorized use which could cause significant environmental impacts; or any major removal of vegetation. Excluded from this definition of development are uses integrally related to the growing and harvesting of forest products including, but not limited to, roads, skid roads, stream crossings, and log landings.

4. “Feasible” means capable of being successfully accomplished within a reasonable period of time, taking into account economic, environmental, social and technological factors.

5. “Assessor’s parcel” means any piece of land the Assessor has separately numbered.

6. “Parcel” means that portion of an Assessor’s parcel that is timberland.

7. “Legal parcel” means a parcel created according to the San Mateo County Subdivision Ordinance and the Subdivision Map Act.

8. “Director of Planning and Building” means the Director of Planning and Building of the County of San Mateo, including their authorized or appointed representatives. For the purposes of this ordinance, the Director of Planning and Building shall authorize or appoint a representative qualified and licensed in the field of forestry to provide the necessary technical assistance in its administration.

9. “Significant structures” means structures such as single-family or multi-family residences; structures for recreational use; private and public club structures; teaching structures; structures for overnight accommodations; roads; bridges; public facilities and utilities; utility poles and structures; pipelines; storage tanks; dams; mineral extraction buildings and constructs; drilling sites, structures and constructs; recreation buildings and facilities; campgrounds structures; dude ranch structures; and similar types of structures.

10. “Site” means a classification of productive potential of timberland into one of five (5) classes by State Board of Forestry regulation, consistent with normally accepted forest practice. Site I denotes sites of highest productivity, Sites II and III denote sites of intermediate productivity potential, Sites IV and V denote sites of lowest productivity potential.

11. “Timber” means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees; it does not mean nursery stock.

12. “Timberland” means privately owned land which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses. It must also be capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre.

13. “Timber management plan” means a feasible plan for development and utilization of timber resources and compatible uses which assures compatibility of uses with growing and harvesting timber and including a reasonable rotation age and cutting cycle (Section 8.318.140).

(Prior § 6953.1(p) Ord. 4075: 11/06/01)