BILL NUMBER: AB 2447	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 21, 2008

   An act to amend Section 66474 of the Government Code, relating to
subdivisions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2447, as introduced, Jones. Subdivision maps: disapproval.
   The Subdivision Map Act requires the legislative body of a city or
county to deny approval of a tentative map, or a parcel map for
which a tentative map was not required, if it makes certain findings.

   This bill would require the legislative body of a city or county
to deny approval of a tentative map, or a parcel map for which a
tentative map was not required, if the proposed map will cause
increased development in a high or greater fire danger area as
designated by the Department of Forestry and Fire Protection unless
the department has given written approval of the design and location
of the subdivision and the city or county is providing fire
protection services for the new development through a local
responsibility area or through a state or federal responsibility area
that has been reimbursed fully by the city or county for the area in
which the proposed subdivision is located.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66474 of the Government Code is amended to
read:
   66474.  A legislative body of a city or county shall deny approval
of a tentative map, or a parcel map for which a tentative map was
not required, if it makes any of the following findings:
   (a) That the proposed map is not consistent with applicable
general and specific plans as specified in Section 65451.
   (b) That the design or improvement of the proposed subdivision is
not consistent with applicable general and specific plans.
   (c) That the site is not physically suitable for the type of
development.
   (d) That the site is not physically suitable for the proposed
density of development.
   (e) That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.

   (f) That the design of the subdivision or type of improvements is
likely to cause serious public health problems.
   (g) That the design of the subdivision or the type of improvements
will conflict with easements, acquired by the public at large, for
access through or use of, property within the proposed subdivision.
In this connection, the governing body may approve a map if it finds
that alternate easements, for access or for use, will be provided,
and that these will be substantially equivalent to ones previously
acquired by the public. This subsection shall apply only to easements
of record or to easements established by judgment of a court of
competent jurisdiction and no authority is hereby granted to a
legislative body to determine that the public at large has acquired
easements for access through or use of property within the proposed
subdivision. 
   (h) That the proposed map will cause increased development in a
high or greater fire danger area as designated by the Department of
Forestry and Fire Protection. The city or county, however, may
approve the subdivision if both of the following occur: 
    (1)     The Department of Forestry and Fire
Protec   tion has given written approval of   the
design and location of the subdivision.  
   (2) The city or county is providing fire protection services for
the new development through a local responsibility area or through a
state or federal responsibility area that has been reimbursed fully
by the city or county for the area in which the proposed subdivision
is located.