Section 51133 Of Article 4. Immediate Rezoning From California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 6.7. >> Article 4.
51133
. (a) If application for conversion is required pursuant to
Section 4621 of the Public Resources Code, the board or council may
tentatively approve the immediate rezoning after notice and hearing
and only if by a four-fifths vote of the full body, and all of the
following occur:
(1) A public hearing is held with notice of the hearing being
given to all owners of lands situated within one mile of the exterior
boundary of the land upon which immediate rezoning is proposed.
(2) The board or council makes written findings that immediate
rezoning is not inconsistent with the purposes of subdivision (j) of
Section 3 of Article XIII of the California Constitution and of this
chapter.
(3) The board or council makes written findings that immediate
rezoning is in the public interest.
(b) The board or council shall forward its tentative approval to
the State Board of Forestry and Fire Protection, together with the
application for immediate rezoning, a summary of the public hearing
and any other information required by the State Board of Forestry and
Fire Protection. The State Board of Forestry and Fire Protection
shall consider the tentative approval pursuant to Section 4621.2 of
the Public Resources Code. Final approval to an immediate rezoning is
given only if the State Board of Forestry and Fire Protection has
approved conversion pursuant to Section 4621.2 of the Public
Resources Code. Upon final approval of conversion, the State Board of
Forestry and Fire Protection shall notify the board or council of
the approval, and the board or council shall remove the parcel from
the timberland production zone and shall specify a new zone for the
parcel.