BILL NUMBER: SB 505 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kehoe
FEBRUARY 26, 2009
An act to amend Sections 65302 and 65302.5 of the Government Code,
and to add Sections 4128.5, 21083.01, and 21096.5 to the Public
Resources Code, relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 505, as introduced, Kehoe. Local planning: fire hazard impacts.
(1) The Planning and Zoning Law requires that a city or county
general plan consist of various elements, including, among other
things, land use, circulation, housing, open space, conservation, and
safety elements, which are required to meet specified requirements.
The safety element is for the protection of the community from
unreasonable risks associated with, among other things, the effects
of seismically induced surface rupture, ground shaking, ground
failure, tsunami, seiche, dam failure, and wild land and urban fires.
The safety element includes requirements for state responsibility
areas and very high fire hazard severity zones. The procedures for
adopting a safety element require that both the draft element or
draft amendment to the safety element pursuant to a specified
schedule and that an existing safety element pursuant to a specified
schedule be submitted to the State Board of Forestry and Fire
Protection and to local agencies that provide fire protection to
territory in the city or county.
This bill would revise the safety element requirements for state
responsibility areas and very high fire hazard severity zones, as
specified. The procedures for adopting a safety element would include
the Department of Forestry and Fire Protection as one of the
specified agencies that both the draft element or draft amendment to
the safety element is required to be submitted to pursuant to a
specified schedule by a city or county and that an existing safety
element be submitted to pursuant to a specified schedule. By imposing
new duties on local officials for the adoption of a general plan,
the bill would create a state-mandated local program.
(2) Existing law requires the State Board of Forestry and Fire
Protection to make and enforce regulations that are necessary and
proper for the organization, maintenance, government, and direction
of the fire protective system for the prevention and suppression of
forest fires.
This bill would require the board to adopt regulations, in
consultation with various entities, defining minimum state standards
for the level of service provided by local agencies for structural
fire suppression in state responsibility areas. The regulations would
not supersede local regulations that equal or exceed these minimum
standards.
(3) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA requires the Office of Planning and Research (OPR) to prepare
and develop proposed guidelines for the implementation of CEQA by
public agencies.
This bill would require OPR, on or after January 1, 2010, at the
time of the next update of guidelines implementing CEQA, in
cooperation with the Department of Forestry and Fire Protection, to
prepare, develop, and transmit to the Natural Resources Agency
guidelines recommending changes to the initial study checklist for
the inclusion of questions related to fire hazard impacts for
projects located on lands in state responsibility areas, as defined,
and on lands classified as very high fire hazard severity zones, as
defined. The Natural Resources Agency would be required to certify
and adopt guidelines prepared and developed by the OPR in accordance
with these provisions.
The bill would require a lead agency to consult with responsible
agencies and submit notices to the department and the State Board of
Forestry and Fire Protection for specified projects located in state
responsibility areas and very high fire hazard severity zones.
Because this bill would impose new duties on local government with
respect to consultation and notice requirements, the bill would
create a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65302 of the Government Code is amended to
read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the
identification of land and natural resources pursuant to paragraph
(3) of subdivision (d). The land use element shall include a
statement of the standards of population density and building
intensity recommended for the various districts and other territory
covered by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources. The
land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the men and
women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with
the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation element, the legislative body shall modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, "users of streets, roads, and
highways" means bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation, development,
and utilization of natural resources including water and its
hydraulic force, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals, and other natural resources. The
conservation element shall consider the effect of development within
the jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in the county or city for which the plan is prepared. Coordination
shall include the discussion and evaluation of any water supply and
demand information described in Section 65352.5, if that information
has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other
waters.
(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity and quality of the rock, sand and
gravel resources.
(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control and shall
analyze and quantify, to the extent practicable, as determined by the
legislative body, current and projected noise levels for all of the
following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight on-line railroad operations and ground
rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(E) Local industrial plants, including, but not limited to,
railroad classification yards.
(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average level (Ldn). The noise contours shall be prepared
on the basis of noise monitoring or following generally accepted
noise modeling techniques for the various sources identified in
paragraphs (1) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) (1) A safety element for the protection of the community from
any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami,
seiche, and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction,
subsidence; liquefaction; and other seismic hazards identified
pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2
of the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wildland
wild land and urban fires. The safety element shall include
mapping of known seismic and other geologic hazards. It shall also
address evacuation routes, military installations, peakload water
supply requirements, and minimum road widths and clearances around
structures, as those items relate to identified fire and geologic
hazards.
(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but
not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency. The identification of a flood hazard zone does not
imply that areas outside the flood hazard zones or uses permitted
within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new
development.
(ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3) For land classified as state responsibility areas, as defined
in Section 4102 of the Public Resources Code, and land classified as
very high fire hazard severity zones, as defined in Section 51177,
the safety element, upon the next revision of the housing element on
or after January 1, 2010, shall also do all of the following:
(A) Identify information regarding fire hazards, including, but
not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Department
of Forestry and Fire Protection.
(ii) Historical data on wildfires, including locally prepared maps
of areas that are subject to wildfires, areas that are vulnerable to
wildfires, and sites that have been repeatedly damaged by wildfires.
(iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.
(iv) Existing and planned development in fire hazard zones,
including structures, roads, utilities, and essential public
facilities.
(v) Local, state, and federal agencies with responsibility for
fire protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A) for the protection of the community from the
unreasonable risk of wildfire, including, but not limited to, all of
the following:
(i) Avoiding or minimizing the risks of wildfire to new
development.
(ii) Evaluating whether new development should be located in state
responsibility areas or very high fire hazard severity zones and
identifying construction methods or other methods to minimize damage
if new development is located in a state responsibility area or very
high fire hazard severity zone.
(iii) Maintaining the structural and operational integrity of
essential public facilities during wildfire.
(iv) Locating, when feasible, new essential public facilities
outside of high fire risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, fire
stations, emergency command centers, and emergency communications
facilities, or identifying construction methods or other methods to
minimize damage if these facilities are located in a state
responsibility area or very high fire hazard severity zone.
(v) Establishing cooperative working relationships among public
agencies with responsibility for fire protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3)
(4) After the initial revision of the safety element
pursuant to paragraph paragraphs (2)
and (3) , upon each revision of the housing element, the
planning agency shall review and, if necessary, revise the safety
element to identify new information that was not available during the
previous revision of the safety element.
(4)
(5) Cities and counties that have flood plain
management ordinances that have been approved by FEMA that
substantially comply with this section, or have substantially
equivalent provisions to this subdivision in their general plans, may
use that information in the safety element to comply with this
subdivision, and shall summarize and incorporate by reference into
the safety element the other general plan provisions or the flood
plain ordinance, specifically showing how each requirement of this
subdivision has been met.
(5)
(6) Prior to the periodic review of its general plan
and prior to preparing or revising its safety element, each city and
county shall consult the California Geological Survey of the
Department of Conservation, the Central Valley Flood Protection
Board, if the city or county is located within the boundaries of the
Sacramento and San Joaquin Drainage District, as set forth in Section
8501 of the Water Code, and the Office of Emergency Services for the
purpose of including information known by and available to the
department, the office, and the board required by this subdivision.
(6)
(7) To the extent that a county's safety element is
sufficiently detailed and contains appropriate policies and programs
for adoption by a city, a city may adopt that portion of the county's
safety element that pertains to the city's planning area in
satisfaction of the requirement imposed by this subdivision.
SEC. 2. Section 65302.5 of the Government Code is amended to read:
65302.5. (a) At least 45 days prior to adoption or amendment of
the safety element, each county and city shall submit to the
California Geological Survey of the Department of Conservation one
copy of a draft of the safety element or amendment and any technical
studies used for developing the safety element. The division may
review drafts submitted to it to determine whether they incorporate
known seismic and other geologic hazard information, and report its
findings to the planning agency within 30 days of receipt of the
draft of the safety element or amendment pursuant to this
subdivision. The legislative body shall consider the division's
findings prior to final adoption of the safety element or amendment
unless the division's findings are not available within the above
prescribed time limits or unless the division has indicated to the
city or county that the division will not review the safety element.
If the division's findings are not available within those prescribed
time limits, the legislative body may take the division's findings
into consideration at the time it considers future amendments to the
safety element. Each county and city shall provide the division with
a copy of its adopted safety element or amendments. The division may
review adopted safety elements or amendments and report its findings.
All findings made by the division shall be advisory to the planning
agency and legislative body.
(1) The draft element of or draft amendment to the safety element
of a county or a city's general plan shall be submitted to the
Department of Forestry and Fire Protection, the State Board of
Forestry and Fire Protection , and to every local agency
that provides fire protection to territory in the city or county at
least 90 days prior to either of the following:
(A) The adoption or amendment to the safety element of its general
plan for each county that contains state responsibility areas.
(B) The adoption or amendment to the safety element of its general
plan for each city or county that contains a very high fire hazard
severity zone as defined pursuant to subdivision (b) of Section
51177.
(2) A county that contains state responsibility areas and a city
or county that contains a very high fire hazard severity zone as
defined pursuant to subdivision (b) of Section 51177 shall submit for
review the safety element of its general plan to the Department
of Forestry and Fire Protection, the State Board of Forestry
and Fire Protection , and to every local agency that
provides fire protection to territory in the city or county in
accordance with the following dates, as specified, unless the local
government submitted the element within five years prior to that
date:
(A) Local governments within the regional jurisdiction of the San
Diego Association of Governments: December 31, 2010.
(B) Local governments within the regional jurisdiction of the
Southern California Association of Governments: December 31, 2011.
(C) Local governments within the regional jurisdiction of the
Association of Bay Area Governments: December 31, 2012.
(D) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council of
Governments, and the Sacramento Area Council of Governments: June 30,
2013.
(E) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments: December 31, 2014.
(F) All other local governments: December 31, 2015.
(3) The Department of Forestry and Fire Protection and the
State Board of Forestry and Fire Protection shall, and a local
agency may, review the draft or an existing safety element and report
its written recommendations to the planning agency within 60 days of
its receipt of the draft or existing safety element. The
Department of Forestry and Fire Protection, the State Board of
Forestry and Fire Protection , and the local
agency shall review the draft or existing safety element within
60 days of its receipt and may offer written recommendations
for changes to the draft or existing safety element regarding both of
the following:
(A) Uses of land and policies in state responsibility areas and
very high fire hazard severity zones that will protect life,
property, and natural resources from unreasonable risks associated
with wildland fires.
(B) Methods and strategies for wildland fire risk reduction and
prevention within state responsibility areas and very high hazard
severity zones.
(b) Prior to the adoption of its draft element or draft amendment,
the board of supervisors of the county or the city council of a city
shall consider the recommendations made by the Department of
Forestry and Fire Protection, the State Board of Forestry and
Fire Protection , and any local agency that provides fire
protection to territory in the city or county. If the board of
supervisors or city council determines not to accept all or some of
the recommendations, if any, made by the Department of Forestry
and Fire Protection, State Board of Forestry and Fire
Protection , or local agency, the board of supervisors or
city council shall communicate in writing to the Department of
Forestry and Fire Protection, the State Board of Forestry and
Fire Protection , or to the local agency, its reasons for
not accepting the recommendations.
(c) If the Department of Forestry and Fire Protection, the
State Board of Forestry and Fire Protection , or
local agency's recommendations are not available within the time
limits required by this section, the board of supervisors or city
council may act without those recommendations. The board of
supervisors or city council shall take the recommendations into
consideration at the next time it considers amendments
pursuant to paragraph (1) of subdivision (a) to the
safety element .
SEC. 3. Section 4128.5 is added to the Public Resources Code, to
read:
4128.5. (a) On or before January 1, 2011, the board shall adopt
regulations defining minimum state standards for the level of service
provided by local agencies for structural fire suppression in state
responsibility areas. The regulations shall be developed in
consultation with counties, cities, special districts, local
structural fire protection agencies, both urban and rural, the
FIRESCOPE Board of Directors, the State Board of Fire Services, the
California Emergency Management Agency, fire experts, environmental
groups, and other interested stakeholders. The regulations shall take
into account, but not be limited to, all of the following factors:
(1) Building standards.
(2) Defensible space around structures.
(3) Fuels management.
(4) Fire inspection, protection, and prevention programs.
(5) Fire suppression capabilities.
(b) These regulations shall not supersede local regulations that
equal or exceed the minimum standards adopted by the state.
SEC. 4. Section 21083.01 is added to the Public Resources Code, to
read:
21083.01. (a) On or after January 1, 2010, at the time of the
next update of the guidelines implementing this division, the Office
of Planning and Research, in cooperation with the Department of
Forestry and Fire Protection, shall prepare, develop, and transmit to
the Natural Resources Agency, guidelines recommending changes to the
initial study checklist of the guidelines implementing this division
for the inclusion of questions related to fire hazard impacts for
projects located on lands classified as state responsibility areas,
as defined in Section 4102, and on lands classified as very high fire
hazard severity zones, as defined in subdivision (i) of Section
51177 of the Government Code.
(b) Upon receipt and review, the Natural Resources Agency shall
certify and adopt guidelines prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).
SEC. 5. Section 21096.5 is added to the Public Resources Code, to
read:
21096.5. (a) A lead agency shall consult with the Department of
Forestry and Fire Protection and the State Board of Forestry and Fire
Protection for projects identified pursuant to subdivision (c) that
are located within a state responsibility area, as defined in Section
4102, or a very high fire hazard severity zone, as defined in
subdivision (i) of Section 51177 of the Government Code. Consultation
shall be conducted in the same manner as for responsible agencies
pursuant to this division, including Sections 21080.3, 21080.4,
21104, and 21153.
(b) A lead agency shall submit notices, as required by Sections
21080.4 and 21092, to the Department of Forestry and Fire Protection
and the State Board of Forestry and Fire Protection for projects
identified pursuant to subdivision (c) that are located within a
state responsibility area, as defined in Section 4102, or a very high
fire hazard severity zone, as defined in subdivision (i) of Section
51177 of the Government Code.
(c) Projects that are subject to the requirements of this section
are all of the following:
(1) Development agreements pursuant to Article 2.5 (commencing
with Section 65864) of Chapter 4 of Division 1 of Title 7 of the
Government Code.
(2) Tentative maps and vesting tentative maps pursuant to the
Subdivision Map Act (Division 2 (commencing with Section 66410) of
Title 7 of the Government Code).
(3) Projects of sufficient statewide, regional, or areawide
environmental significance, as determined pursuant to subdivision (d)
of Section 21083.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.