Amended in Senate June 16, 2015

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 begin delete management end delete begin insert managed production end insert 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 a begin insert habitable, industrial, or commercial end insert building or structure if the subdivision would result in parcels that are 40 acres or smaller in size. begin insert The bill would require all other structures to comply with specified defensible space requirements. end insert The bill would additionally require the legislative body to make the 3 specified findings before later approving begin insert the removal of a binding restriction placed as a condition of end insert 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 a building or structure 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 1.  

Section 66474.02 of the Government Code is
amended 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, except as provided in subdivision (b), 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) (1) Subdivision (a) does not apply to 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 begin delete management end delete begin insert managed
production end insert of resources, including, but not limited to, forest land,
rangeland, agricultural land, and areas of economic importance
for the production of food or fiber, if the subdivision is consistent
with the open space purpose and if, for the subdivision of land that
would result in parcels that are 40 acres or smaller in size, those
parcels are subject to a binding restriction prohibiting the
development of begin delete a building or structure. end delete begin insert a habitable, industrial, or
commercial building end insert begin insert or structure end insert begin insert . All other structures shall comply
with defensible space requirements described in Section 51182 or
Section 4291 of the Public Resources Code. end insert

(2) Any later approval begin insert to remove a binding restriction placed
as a condition end insert of a tentative map, or a parcel map for which a
tentative map was not required, that would allow the development
of a building or structure for a parcel that has previously been
exempted from the requirements of subdivision (a) pursuant to
paragraph (1) of this subdivision shall be subject to the
requirements of subdivision (a).

(c) 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.