BILL NUMBER: AB 2447	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 13, 2008
	AMENDED IN SENATE  JULY 10, 2008
	AMENDED IN SENATE  JUNE 26, 2008
	AMENDED IN ASSEMBLY  MAY 27, 2008
	AMENDED IN ASSEMBLY  MAY 6, 2008
	AMENDED IN ASSEMBLY  APRIL 17, 2008

INTRODUCED BY   Assembly Member Jones
   (Principal coauthor: Assembly Member Nava)

                        FEBRUARY 21, 2008

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2447, as amended, Jones. Subdivision maps: denial of approval.
   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 county to 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 sensitivity zone
unless the legislative body of the county makes specified findings
and obtains written verification from each fire protection agency
that has jurisdiction over the project site that there is or will be
sufficient structural fire protection for the lots created by the
subdivision, as specified.  It   The bill 
would  also  authorize the State Board of Forestry
and Fire Protection to adopt a regulation that provides for
exceptions to the above requirement.  The bill would also
authorize the Depa   rtment of Forestry and Fire Protection
to charge the subdivider a fee for the costs it incurs in completing
the fire protection verification, and this revenue would be deposited
into the Project Review Special Fund, which would be created by the
bill, and upon appropriation by the Legislature, expended for
completing the verifications. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
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 51177.
   (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 supported by substantial evidence in the
record that the design and location of each lot in the subdivision
and the subdivision as a whole would allow improvements, such as
roads, turnarounds, defensible space, and emergency water systems, to
be made consistent with any regulations adopted by the State Board
of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of
the Public Resources Code, including, but not limited to, Subchapter
2 (commencing with Section 1270) of, and Subchapter 3 (commencing
with Section 1280) of Chapter 7 of Division 1.5 of Title 14 of the
California Code of Regulations, or with any regulations adopted by
the county and certified by the State Board of Forestry and Fire
Protection pursuant to Section 1270.03 of Title 14 of the California
Code of Regulations.
   (2) Obtains written verification from each fire protection agency
that has jurisdiction over the project site that there is or will be
sufficient structural fire protection for the lots created by the
subdivision provided by either of the following:
   (A) A county, city, special district, or political subdivision of
the state.
   (B) The Department of Forestry and Fire Protection by contract
entered into pursuant to Section 4129, 4142, or 4144 of the Public
Resources Code.
   (C) The applicable fire protection agency's written verification
of its ability or inability to provide sufficient structural fire
protection for the proposed subdivision as required by paragraph (2)
shall be supported by substantial evidence and be based on, but is
not limited to, its determination as to the adequacy of its
equipment, personnel, and response time.
   (3) (A) Makes a finding that there is adequate ingress and egress
for the lots created by the subdivision, including a minimum of two
access roads into and out of the subdivision for emergency equipment
and evacuations.
   (B) The State Board of Forestry and Fire Protection may adopt a
regulation pursuant to Section 4290 of the Public Resources Code that
provides for exceptions to subparagraph (A) based on factors such as
the number of parcels to be created, topography, and land-ownership
patterns. The regulation shall require that physical or
land-ownership constraints and a possible redesign of the
subdivision, including a reduction in the number of proposed lots or
a reconfiguration of the roads and lots, be taken into consideration
before an exception to subparagraph (A) is granted. The regulation
shall not allow exceptions to subparagraph (A) to be granted for
subdivisions that have more than 25 lots. 
   (c) (1) The Department of Forestry and Fire Protection may charge
the subdivider a fee for each verification of sufficient fire
protection completed by the department pursuant to subparagraph (B)
of paragraph (2) of subdivision (b). The fee amount shall not exceed
the department's costs incurred to complete the verification. 

   (2) The Department of Forestry and Fire Protection shall deposit
all fee revenue collected pursuant to this subdivision in the Project
Review Special Fund, which is hereby created in the State Treasury.
 
   (3) The Department of Forestry and Fire Protection may expend the
moneys deposited in the Project Review Special Fund, upon
appropriation by the Legislature, to complete the verifications
required by this section.