BILL NUMBER: AB 2447	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2008
	PASSED THE ASSEMBLY  AUGUST 30, 2008
	AMENDED IN SENATE  AUGUST 20, 2008
	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)
   (Coauthor: Assembly Member Portantino)

                        FEBRUARY 21, 2008

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2447, 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 severity zone unless
the legislative body of the county makes specified findings supported
by substantial evidence. The bill would authorize a county to make
an exception to the above requirement under specified conditions. The
bill would also authorize the Department 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.


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) (A) Makes a finding based on substantial evidence in the
record that sufficient structural fire protection and suppression
services will be available for the subdivision through any of the
following entities:
   (i) A county, city, special district, or political subdivision of
the state.
   (ii) The Department of Forestry and Fire Protection by contract
entered into pursuant to Section 4129, 4142, or 4144 of the Public
Resources Code.
   (B) A county shall notify each applicable fire protection agency
and the department of any application for a subdivision and solicit
their comments on the sufficiency of fire protection services for the
proposed subdivision.
   (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) (i) Notwithstanding subparagraph (A), a county may approve a
subdivision with a single access road if it makes a finding supported
by substantial evidence in the record that it is not feasible to
have a secondary access road due to topographic features or land
ownership patterns and that redesign of the subdivision, including
reduction in the number of proposed lots or reconfiguration of roads
and lots in order to provide at least a secondary emergency access
road is not possible. This exception may not be made for subdivisions
that would create more than 30 lots.
   (ii) If the Board of Forestry and Fire Protection adopts a
regulation that would allow specific exceptions to subparagraph (A),
a county may allow an exception to subparagraph (A) only if it is
found that the exception is in conformance with the board's adopted
regulation.
   (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.