AB 644, as introduced, Wood. Land use: general plan: safety element: fire hazard impacts.
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. Under that act, the legislative body of a county is required 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.
This bill would exempt from those requirements the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the management of resources, as defined. The bill would apply the exemption to the subdivision of land that is consistent with the open space purpose, and would require the land to be subject to a binding restriction prohibiting the development of residential buildings or structures if the subdivision would result in parcels that are ____ acres or smaller in size. The bill would additionally require the legislative body to make the 3 specified findings before later approving a tentative map, or a parcel map for which a tentative map was not required, for land that was previously exempt from those requirements if the proposed subdivision would allow the development of residential buildings or structures, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 66474.02 of the Government Code is
2amended to read:
(a) Before approving a tentative map, or a parcel
4map for which a tentative map was not required, for an area located
5in a state responsibility area or a very high fire hazard severity
6zone, as both are defined in Section 51177, a legislative body of
7a county shallbegin insert, except as provided in subdivision (b),end insert make the
8following three findings:
9(1) A finding supported by substantial evidence in the record
10that the design and location of each lot in the subdivision, and the
11subdivision as a whole, are consistent with any applicable
12regulations adopted by the State Board of Forestry and Fire
13Protection pursuant to Sections 4290 and 4291 of the Public
14Resources
Code.
15(2) A finding supported by substantial evidence in the record
16that structural fire protection and suppression services will be
17available for the subdivision through any of the following entities:
18(A) A county, city, special district, political subdivision of the
19state, or another entity organized solely to provide fire protection
20services that is monitored and funded by a county or other public
21entity.
22(B) The Department of Forestry and Fire Protection by contract
23entered into pursuant to Section 4133, 4142, or 4144 of the Public
24Resources Code.
25(3) A finding that to the extent practicable, ingress and egress
26for the subdivision meets the regulations regarding road standards
27for fire equipment access adopted pursuant to Section 4290 of the
28Public
Resources Code and any applicable local ordinance.
29(b) (1) Subdivision (a) does not apply to the approval of a
30tentative map, or a parcel map for which a tentative map was not
31required, that would subdivide land identified in the open space
32element of the general plan for the management of resources,
33including, but not limited to, forest land, rangeland, agricultural
P3 1land, and areas of economic importance for the production of food
2or fiber, if the subdivision is consistent with the open space purpose
3and if, for the subdivision of land that would result in parcels that
4are ____ acres or smaller in size, those parcels are subject to a
5binding restriction prohibiting the development of residential
6buildings or structures.
7(2) Any later approval of a tentative map, or a parcel map for
8which a tentative map was not required, that would allow the
9development of residential buildings or structures for a parcel that
10has previously been exempted from the requirements of subdivision
11(a) pursuant to paragraph (1) of this subdivision shall be subject
12to the requirements of subdivision (a).
13(b)
end delete
14begin insert(c)end insert This section shall not supersede regulations established by
15the State Board of Forestry and Fire Protection or local ordinances
16that provide equivalent or more stringent minimum requirements
17than those contained within this section.
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