BILL NUMBER: SB 1241	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2012
	AMENDED IN SENATE  APRIL 24, 2012
	AMENDED IN SENATE  APRIL 10, 2012

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 23, 2012

   An act to amend Sections 65302 and 65302.5 of, and to add Sections
 65040.75 and   65040.13, 65040.14, and 
66474.02 to, the Government Code, and to add Section 21083.01 to, the
Public Resources Code, relating to land use.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1241, as amended, Kehoe. Land use: general plan: safety
element: fire hazard impacts.
   (1) The Planning and Zoning Law requires the legislative body of a
city or county to adopt a comprehensive, long-term general plan that
includes various elements, including, among others, a safety element
for the protection of the community from unreasonable risks
associated with, among other things, wildland and urban fires. The
safety element includes requirements for state responsibility areas,
as defined, and very high fire hazard severity zones, as defined.
   This bill would revise the safety element requirements for state
responsibility areas and very high fire hazard severity zones, as
specified, and require the safety element, upon the next revision of
the housing element on or after January 1, 2013, to be reviewed and
updated as necessary to address the risk of fire in state
responsibility areas and very high fire hazard severity zones, taking
into account specified considerations, including, among others, the
most recent version of the Office of Planning and Research's "Fire
Hazard Planning" document, which this bill would require the office
to update on or before January 1, 2014  . The bill would also
require the office to, at the next update of its general plan
guidelines, include these provisions, or a reference to these
provisions and any other materials related to fire hazards or fire
safety it deems appropriate  . By imposing new duties on a city
or county with regard to reviewing and updating its general plan, the
bill would impose a state-mandated local program.
   (2) 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. The bill would provide that this provision does not
supersede the requirements of local ordinances and specified
regulations that provide equivalent or more stringent minimum
requirements.
   (3) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare 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 to prepare and develop guidelines for the implementation of
CEQA by public agencies.
   This bill would require the office, on or after January 1, 2013,
at the time of the next update of the guidelines for implementing
CEQA, in cooperation with the Department of Forestry and Fire
Protection, to prepare, develop, and transmit to the Secretary of the
Natural Resources Agency recommended proposed changes or amendments
to the initial study checklist for the inclusion of questions related
to fire hazard impacts for projects in state responsibility areas
and very high fire hazard severity zones. The bill would also require
the Secretary of the Natural Resources Agency to certify and adopt
these recommended proposed changes or amendments.
   (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  65040.75   65040.13 
is added to the Government Code, to read:
    65040.75.   65040.13.   On or before
January 1, 2014, the Office of Planning and Research shall update its
Fire Hazard Planning document prepared as part of the General Plan
Technical Advice Series and issued in November 2003.
   SEC. 2.    Section 65040.14 is added to the 
 Government Code   , to read:  
   65040.14.  The Office of Planning and Research, when it adopts its
next edition of the general plan guidelines pursuant to Section
65040.2, shall include the provisions of, or a reference to,
paragraph (3) of subdivision (g) of Section 65302, and any other
materials related to fire hazards or fire safety it deems
appropriate. 
   SEC. 2.   SEC. 3.   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" mean 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 online 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; 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 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 (FEMA). 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 California Emergency Management
Agency.
   (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) Upon the next revision of the housing element on or after
January 1, 2013, the safety element shall be reviewed and updated as
necessary to address the risk of fire 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. This review shall consider the
advice included in the Office of Planning and Research's most recent
publication of "Fire Hazard Planning, General Technical Advice Series"
and shall also include all of the following:
   (A) 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 maps
prepared by local agencies displaying areas that have been
historically subject to wildfires   Any historical data
on wildfires available from local agencies or a reference to where
the data can be found  .
   (iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.
   (iv) General location and distribution of existing and planned
 development   uses of land  in very high
fire hazard severity zones and in state responsibility areas,
including structures, roads, utilities, and essential public
facilities. The location and distribution of planned 
development   uses of land  shall not require
defensible space compliance measures required by state law or local
ordinance to occur on publicly owned lands or open space designations
of homeowner associations.
   (v) Local, state, and federal agencies with responsibility for
fire protection, including special districts and local offices of
emergency services.
   (B) A set of 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.
   (C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives based on the information
identified pursuant to subparagraph (B) including, but not limited
to, all of the following:
   (i) Avoiding or minimizing the wildfire hazards associated with
new  development, such as building materials that are not
fire resistant, flammable vegetation, insufficient defensible space
or fuel breaks, and lack of appropriate emergency road access
  uses of land  . 
   (ii) Identifying construction design or methods, including
fire-resistive construction materials, fuels management methods, or
other methods, to minimize the potential for ignition or spread of a
structure fire to wildlands or surrounding areas if new development
is located in a state responsibility area or in a very high fire
hazard severity zone.  
   (iii) 
    (ii)  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,
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. 
   (iv) 
    (iii)  Designing adequate infrastructure if a new
development is located in a state responsibility area or in a very
high fire hazard severity zone, including safe access for emergency
response vehicles, visible street signs, and water supplies for
structural fire suppression. 
   (v) 
    (iv)  Working cooperatively with public agencies with
responsibility for fire protection.
   (D) If a city or county has adopted a fire safety plan or document
separate from the general plan, an attachment of, or reference to, a
city or county's adopted fire safety plan or document that fulfills
commensurate goals and objectives and contains information required
pursuant to this paragraph.
   (4) After the initial revision of the safety element pursuant to
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.
   (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.
   (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 California Emergency Management Agency for the purpose
of including information known by and available to the department,
the agency, and the board required by this subdivision.
   (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. 3.   SEC. 4.   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.
   (b) (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 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 State Board of
Forestry and Fire Protection and 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 State Board of Forestry and Fire Protection shall, and a
local agency may, review the draft or an existing safety element and
recommend changes to the planning agency within 60 days of its
receipt 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 fire
hazard severity zones.
   (4) 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, if any, made by 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 State Board of Forestry and
Fire Protection or local agency, the board of supervisors or city
council shall communicate in writing to the State Board of Forestry
and Fire Protection or the local agency, its reasons for not
accepting the recommendations.
   (5) If the State Board of Forestry and Fire Protection's 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 the
next time it considers amendments to the safety element.
   SEC. 4.   SEC. 5.   Section 66474.02 is
added to the Government Code, to read:
   66474.02.  (a) 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:
   (1) 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, are consistent with any applicable
regulations adopted by the State Board of Forestry and Fire
Protection pursuant to Sections 4290 and 4291 of the Public Resources
Code.
   (2) 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:
   (A) A county, city, special district, political subdivision of the
state, or another entity organized solely to provide fire protection
services that is monitored and funded by a county or other public
entity.
   (B) The Department of Forestry and Fire Protection by contract
entered into pursuant to Section 4133, 4142, or 4144 of the Public
Resources Code.
   (3) A finding that to the extent practicable, 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 and any applicable local ordinance.
   (b) This section shall not supersede regulations established by
the State Board of Forestry and Fire Protection or local ordinances
that provide equivalent or more stringent minimum requirements than
those contained within this section.
   SEC. 5.   SEC. 6.   Section 21083.01 is
added to the Public Resources Code, to read:
   21083.01.  (a) On or after January 1, 2013, at the time of the
next review of the guidelines prepared and developed to implement
this division pursuant to subdivision (f) of Section 21083, the
Office of Planning and Research, in cooperation with the Department
of Forestry and Fire Protection, shall prepare, develop, and transmit
to the Secretary of the Natural Resources Agency recommended
proposed changes or amendments 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 Secretary of the Natural
Resources Agency shall certify and adopt the recommended proposed
changes or amendments prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).
   SEC. 6.   SEC. 7.    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.