BILL NUMBER: AB 666 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 27, 2009
INTRODUCED BY Assembly Member Jones
(Principal coauthor: Assembly Member Nava)
FEBRUARY 25, 2009
An act to add Section 66474.02 to the Government Code, and to
amend Section 4290 of the Public Resources Code, relating to
subdivisions.
LEGISLATIVE COUNSEL'S DIGEST
AB 666, Jones. Subdivision maps.
(1) Existing law, 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.
(2) Existing law requires the State Board of Forestry and Fire
Protection to adopt regulations implementing minimum fire safety
standards related to defensible space which are applicable to state
responsibility area lands under the authority of the Department of
Forestry and Fire Protection, and provides that these regulations
apply to the perimeters and access to all residential, commercial,
and industrial building construction within state responsibility
areas approved after January 1, 1991.
This bill would require the board, prior to January 1, 2011, to
initiate a rulemaking process to consider adopting regulations
requiring a minimum of 2 separate access roads for a subdivision in a
state responsibility area or very high fire hazard severity zone.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, is 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 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.
(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. 2. Section 4290 of the Public Resources Code is amended to
read:
4290. (a) The board shall adopt regulations implementing minimum
fire safety standards related to defensible space which are
applicable to state responsibility area lands under the authority of
the department. These regulations apply to the perimeters and access
to all residential, commercial, and industrial building construction
within state responsibility areas approved after January 1, 1991. The
board may not adopt building standards, as defined in Section 18909
of the Health and Safety Code, under the authority of this section.
As an integral part of fire safety standards, the State Fire Marshal
has the authority to adopt regulations for roof coverings and
openings into the attic areas of buildings specified in Section
13108.5 of the Health and Safety Code. The regulations apply to the
placement of mobile homes as defined by National Fire Protection
Association standards. These regulations do not apply where an
application for a building permit was filed prior to January 1, 1991,
or to parcel or tentative maps or other developments approved prior
to January 1, 1991, if the final map for the tentative map is
approved within the time prescribed by the local ordinance. The
regulations shall include all of the following:
(1) Road standards for fire equipment access.
(2) Standards for signs identifying streets, roads, and buildings.
(3) Minimum private water supply reserves for emergency fire use.
(4) Fuel breaks and greenbelts.
(b) These regulations do not supersede local regulations which
equal or exceed minimum regulations adopted by the state.
(c) Prior to January 1, 2011, the board shall initiate a
rulemaking process to consider adopting regulations requiring a
minimum of two separate access roads for a subdivision located in a
state responsibility area or a very high fire hazard severity zone.
If adopted, the rule shall be applicable so as to require at least
two separate access roads, based on, among other things, the
geographical and topographical situation of a subdivision, the
feasibility of requiring two separate access roads, ownership
patterns, the ability of future phases to provide access, and the
predominant known wind patterns.