BILL NUMBER: AB 2447	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2008

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 21, 2008

   An act to  amend Section 66474 of   add
Section 66474.02 to  the Government Code, relating to
subdivisions.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2447, as amended, 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
  the proposed map is in a state responsibility area or
a very high fire hazard sensitivity zone unless the legislative body
of a county makes specified findings  .
   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 66474.02 is added to the 
 Government Code  , to read:  
   66474.02.  (a) A legislative body of a county shall deny approval
of a tentative map, or a parcel map for which a tentative map was not
required, if the proposed map is in a state responsibility area or a
very high fire hazard severity zone, as both are defined in
subdivision (b) of Section 5117.
   (b) Notwithstanding subdivision (a), a legislative body of a
county may approve a tentative map, or a parcel map for which a
tentative map was not required, if the legislative body of a county
does all of the following:
   (1) Makes a finding that based on substantial evidence the design
and location of the subdivision will not increase the risk of
wildfire and that the structures to be built on the parcels would be
consistent with any regulations promulgated by the Department of
Forestry and Fire Protection that govern construction in fire-prone
areas.
   (2) Makes a finding that based on substantial evidence sufficient
fire protection and suppression services will be available for the
subdivision through any of the following:
   (A) Creating a community facilities district for fire protection
and suppression services for the affected area pursuant to Section
53313.
   (B) Requiring the annexation of the affected land to a city or
special district that provides structural fire protection.
   (C) Contracting with the Department of Forestry and Fire
Protection to provide fire protection services until, or unless, the
county provides fire protection pursuant to either subparagraph (A)
or (B) and verifies there is, or will be, sufficient fiscal
resources, equipment, and water supply and pressure to suppress fire.

   (3) Makes a finding that there is adequate ingress and egress for
the subdivision, including a minimum of two access ways into and out
of the subdivision for emergency equipment and evacuations. 

  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 Protection 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.