California Assembly Bill AB666 Amended / Bill

 BILL NUMBER: AB 666AMENDED BILL TEXT 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, as amended, Jones. Subdivision maps.  Existing   (1)    Existing  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.  (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 the rulemaking process to consider adopting regulations requiring a minimum of 2 separate access roads from different geographical directions for a subdivision in a state responsibility area.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. 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. 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: (a) 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, would allow improvements, such as roads, turnarounds, defensible space, and emergency water systems, to be made consistent with any regulations adopted by the State Board of Forestry and Fire Protection  regarding map approval   pursuant to Section 4290 of the Public R   esources Code  . (b) 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: (1) A county, city, special district, or political subdivision of the state. (2) The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4129, 4142, or 4144 of the Public Resources Code.  (c) (1) A finding that there is adequate ingress and egress for each lot in the subdivision for fire protection and suppression services and emergency evacuation of individuals, including but not limited to, a minimum of two separate access roads from different geographical directions in the subdivision that provide clear alternatives for access to the subdivision during a fire emergency.   (2) The legislative body of a county may waive the requirement of a minimum of two separate access roads in paragraph (1), if the legislative body makes findings supported by substantial evidence in the record that more than one access road is not possible due to topographic features or land ownership patterns and that redesign of the subdivision, including reduction in the number of lots or a reconfiguration of roads and lots to provide more than a single access road, is not possible. A legislative body shall not waive the requirement of a minimum of two separate access roads in paragraph (1) for a subdivision that would create 30 or more lots.   (c) 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.   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 the rulemaking process to consider adopting regulations requiring a minimum of two separate access roads from different geographical directions for a subdivision located in a state responsibility area.  ____ CORRECTIONS Text--Page 4. ____