Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 644


Introduced by Assembly Member Wood

February 24, 2015


An act to amend Section 66474.02 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 644, as amended, 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 ofbegin delete residential buildings or structuresend deletebegin insert a building or structureend insert if the subdivision would result in parcels that arebegin delete ____end deletebegin insert 40end insert 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 ofbegin delete residential buildings or structures,end deletebegin insert a building or structureend insert 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:

P2    1

SECTION 1.  

Section 66474.02 of the Government Code is
2amended to read:

3

66474.02.  

(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 shall, except as provided in subdivision (b), 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
P3    1element of the general plan for the management of resources,
2including, but not limited to, forest land, rangeland, agricultural
3land, and areas of economic importance for the production of food
4or fiber, if the subdivision is consistent with the open space purpose
5and if, for the subdivision of land that would result in parcels that
6arebegin delete ____end deletebegin insert 40end insert acres or smaller in size, those parcels are subject to a
7binding restriction prohibiting the development ofbegin delete residential
8buildings or structures.end delete
begin insert a building or structure.end insert

9(2) Any later approval of a tentative map, or a parcel map for
10which a tentative map was not required, that would allow the
11development ofbegin delete residential buildings or structuresend deletebegin insert a building or
12structureend insert
for a parcel that has previously been exempted from the
13requirements of subdivision (a) pursuant to paragraph (1) of this
14 subdivision shall be subject to the requirements of subdivision (a).

15(c) This section shall not supersede regulations established by
16the State Board of Forestry and Fire Protection or local ordinances
17that provide equivalent or more stringent minimum requirements
18than those contained within this section.



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