BILL NUMBER: AB 644	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN SENATE  JUNE 16, 2015
	AMENDED IN ASSEMBLY  APRIL 13, 2015

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 managed production 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  and recorded 
restriction prohibiting the development of a habitable, industrial,
or commercial building or structure if the subdivision would result
in parcels that are 40 acres or smaller in size. The bill would
require all other structures to comply with specified defensible
space requirements. The bill would additionally require the
legislative body to make the 3 specified findings before later
approving the removal of a binding restriction placed as a condition
of 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 managed production 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  and recorded  restriction prohibiting the
development of a habitable, industrial, or commercial building or
structure. All other structures shall comply with defensible space
requirements described in Section 51182  of this code  or
Section 4291 of the Public Resources Code.
   (2) Any later approval to remove a binding restriction placed as a
condition 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.