BILL NUMBER: AB 666 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2009
INTRODUCED BY Assembly Member Jones
(Principal coauthor: Assembly Member Nava)
FEBRUARY 25, 2009
An act to add Section 66474.02 to the Government Code, and
to amend Section 4290 of the Public Resources Code, relating
to subdivisions.
LEGISLATIVE COUNSEL'S DIGEST
AB 666, as amended, Jones. Subdivision maps.
Existing
(1) Existing 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, unless it makes certain findings.
This bill would require the legislative body of a county to make 3
specified findings before approving a tentative map, or a parcel map
for which a tentative map was not required, for an area located in a
state responsibility area or a very high fire hazard severity zone,
as defined.
(2) Existing law requires the State Board of Forestry and Fire
Protection to adopt regulations implementing minimum fire safety
standards related to defensible space which are applicable to state
responsibility area lands under the authority of the Department of
Forestry and Fire Protection, and provides that these regulations
apply to the perimeters and access to all residential, commercial,
and industrial building construction within state responsibility
areas approved after January 1, 1991.
This bill would require the board, prior to January 1, 2011, to
initiate the rulemaking process to consider adopting regulations
requiring a minimum of 2 separate access roads from different
geographical directions for a subdivision in a state responsibility
area.
Vote: majority. Appropriation: no. Fiscal committee: no
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. Before approving a tentative map, or a parcel map for
which a tentative map was not required, for an area located in a
state responsibility area or a very high fire hazard severity zone,
as both are defined in Section 51177, a legislative body of a county
shall make the following three findings:
(a) 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 regarding map approval
pursuant to Section 4290 of the Public R
esources Code .
(b) A finding supported by substantial evidence in the record that
structural fire protection and suppression services will be
available for the subdivision through any of the following entities:
(1) A county, city, special district, or political subdivision of
the state.
(2) The Department of Forestry and Fire Protection by contract
entered into pursuant to Section 4129, 4142, or 4144 of the Public
Resources Code.
(c) (1) A finding that there is adequate ingress and egress for
each lot in the subdivision for fire protection and suppression
services and emergency evacuation of individuals, including but not
limited to, a minimum of two separate access roads from different
geographical directions in the subdivision that provide clear
alternatives for access to the subdivision during a fire emergency.
(2) The legislative body of a county may waive the requirement of
a minimum of two separate access roads in paragraph (1), if the
legislative body makes findings supported by substantial evidence in
the record that more than one access road is not possible due to
topographic features or land ownership patterns and that redesign of
the subdivision, including reduction in the number of lots or a
reconfiguration of roads and lots to provide more than a single
access road, is not possible. A legislative body shall not waive the
requirement of a minimum of two separate access roads in paragraph
(1) for a subdivision that would create 30 or more lots.
(c) A finding that ingress and egress for the subdivision meets
the regulations regarding road standards for fire equipment access
adopted pursuant to Section 4290 of the Public Resources Code.
SEC. 2. Section 4290 of the Public
Resources Code is amended to read:
4290. (a) The board shall adopt regulations implementing minimum
fire safety standards related to defensible space which are
applicable to state responsibility area lands under the authority of
the department. These regulations apply to the perimeters and access
to all residential, commercial, and industrial building construction
within state responsibility areas approved after January 1, 1991. The
board may not adopt building standards, as defined in Section 18909
of the Health and Safety Code, under the authority of this section.
As an integral part of fire safety standards, the State Fire Marshal
has the authority to adopt regulations for roof coverings and
openings into the attic areas of buildings specified in Section
13108.5 of the Health and Safety Code. The regulations apply to the
placement of mobile homes as defined by National Fire Protection
Association standards. These regulations do not apply where an
application for a building permit was filed prior to January 1, 1991,
or to parcel or tentative maps or other developments approved prior
to January 1, 1991, if the final map for the tentative map is
approved within the time prescribed by the local ordinance. The
regulations shall include all of the following:
(1) Road standards for fire equipment access.
(2) Standards for signs identifying streets, roads, and buildings.
(3) Minimum private water supply reserves for emergency fire use.
(4) Fuel breaks and greenbelts.
(b) These regulations do not supersede local regulations which
equal or exceed minimum regulations adopted by the state.
(c) Prior to January 1, 2011, the board shall initiate the
rulemaking process to consider adopting regulations requiring a
minimum of two separate access roads from different geographical
directions for a subdivision located in a state responsibility area.
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