CC SR 20210706 G - Letters of Opposition for SB 12, SB 55 and SB 63
CITY COUNCIL MEETING DATE: 07/06/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign letters in opposition to
SB 12, SB 55 and SB 63.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign letters in opposition to SB 12, SB 55 and SB 63.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jesse Villalpando, Senior Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in opposition to SB 12 (page A-1)
B. Text of SB 12 (as amended May 4, 2021) (page B-1)
C. Draft letter in opposition to SB 55 (page C-1)
D. Text of SB 55 (as amended April 5, 2021) (page D-1)
E. Draft letter in opposition to SB 63 (page A-1)
F. Text of SB 63 (as amended June 16, 2021) (page B-1)
BACKGROUND AND DISCUSSION:
The California Department of Forestry and Fire Protection (Cal Fire) provides wildland fire
protection on non-federal lands outside cities. To meet this duty, state law requires Cal
Fire, in cooperation with local fire authorities, to identify Very High Fire Hazard Severity
Zones (VHFSHZs) in areas where local governments have financial responsibility for
wildland fire protection, known as Local Responsibility Areas (LRAs). VHFHSZs establish
the presence of a very high fire hazard so public officials are able to identify required
measures that will mitigate the rate of spread and reduce the potential intensity of
uncontrolled fires that threaten to destroy resources, life, or property.
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CITYOF RANCHO PALOS VERDES
T. v.
Cal Fire determines VHFHSZs based on factors that influence fire likelihood and fire
behavior, such as fire history, existing and potential fuel (natural vegetation), flame length,
blowing embers, terrain, and typical weather for the area. With input from local Los
Angeles County Fire Department stations, in 2008, Cal Fire determined almost all of the
City of Rancho Palos Verdes falls within a VHFHSZ, excluding a small portion of the City,
east of Western Avenue and north of Capitol Drive.
Following the historically destructive fire seasons of 2018-2020, several bills have been
introduced by state legislators in response to an increasing number of communities being
destroyed by wildfire in California's wildland-urban interface. Of particular interest over
the past several legislative sessions have been packages of senate bills aimed at
increasing wildfire prevention. Many of these bills place new requirements on local
governments, and several of the bills have adopted statewide mandates , which remove
some aspects of local control over land use, development, and housing.
This staff report will summarize a selection of the more significant bills Staff is tracking
and provides individual draft position letters to the City Council for consideration.
SB 12 (McGuire)
Introduced by Senator Mike McGuire, Senate Bill No. 12 would impose significant fire
hazard planning responsibilities on local governments and require s cities and counties to
make specified findings on fire standards prior to permitting development in the VHFHSZ.
SB 12 further amends the regional housing needs allocation (RHNA) process to
incorporate fire hazard planning into RHNA objectives and methodology.
Specifically, this bill:
• Requires each city or county, upon the next revision of the housing element or
local hazard mitigation plan on or after July 1, 2024, whichever occurs first, to
review and update its safety element to include a comprehensive retrofit strategy
that includes specified contents.
• A city or county with VHFHSZ within its jurisdiction must also amend the land use
element of its general plan upon the next revision of the housing element on or
after July 1, 2024, to contain among other things, the locations of all very high fire
risk areas within the city or county and feasible implementation measures designed
to carry out specified goals, objectives, and policies relating to the protection of
lives and property from unreasonable risk of wildfire.
• Requires a city or county to complete a review of, and make findings related to,
wildfire risk reduction standards, as defined in the bill, upon each subsequent
revision of the housing element. Within 12 months of revising its general plan, a
city or county must also adopt a very high fire risk area overlay zone in its zoning
ordinances to ensure consistency with the jurisdiction’s amended general plan.
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• Prohibits cities and counties from approving any new residential ministerial or
discretionary permits, discretionary entitlements, tentative subdivision or parcel
maps, or development agreement in a VHFHSZ unless the city or county finds that
the project and all structures within the project are protected from wildfire risk in
accordance with specified “wildfire risk reduction standards,” established by this
bill, or standards adopted by a local jurisdiction that meet or exceed those
standards.
• Amends the RHNA process for the seventh cycle to:
o Direct each RHNA plan to include as a factor the amount of land in each
member jurisdiction that is within a very high fire risk area by allocating a
lower proportion of housing to a jurisdiction if the jurisdiction w ould
otherwise need to identify lands within a very high fire risk area as adequate
sites to meet its housing need allocation, as specified.
o Requires the RHNA plan to further the objective of promoting resilient
communities. Furthering this objective must include reducing development
pressure within very high fire risk areas.
SB 12 as written is well intended but would erode local control by requiring the City to
make specific findings about fire standards prior to permitting development within the City,
which is almost entirely within a VHFHSZ. The City Council has strongly opposed
legislation that seeks to limit local land use authority.
SB 55 (Stern and Allen)
Introduced by Senators Henry Stern and Ben Allen, SB 55 would prohibit local
governments from approving new development in a VHFHSZ unless there is substantial
evidence that the local government has implemented a comprehensive, necessary, and
appropriate wildfire prevention and community hardening strategy to mitigate significant
hazard.
SB 55 defines development to mean a project containing residential dwellings, including,
but not limited to, mobile homes, accessory dwelling units, and junior accessory dwelling
units, of one or more units, or a subdivision of land for the purpose of constructing one or
more residential dwelling units. SB 55 further exempts construction required to maintain,
repair, reconstruct, restore, or rebuild an existing residential dwelling or a development
that is involuntarily damaged or destroyed by fire or other catastrophic event. The bill
limits “rebuild” to mean a new structure of the same or smaller size as, and in place of,
an existing structure or a structure that is destroyed by fire or other catastrophic event.
SB 55, as currently written, effectively restricts the City’s decision -making authority over
residential and commercial construction by imposing a state -mandated local program.
Furthermore, the bill fails to recognize that new development in California is already
subjected to adhere to regulatory requirements requiring the hardening of structures
located in high-risk fire zones. The City has a strong history of applying development
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standards precisely to mitigate many of the fire and life safety hazards thi s legislation
purports to address.
SB 63 (Stern)
Existing state laws mandate for the Director of Cal Fire to designate areas throughout the
state as VHFHSZs based on specified criteria. Existing legislation further requires that a
local agency make information about VHFHSZ available for public review within 30 days
of receiving a transmittal from the Director.
Introduced by Senator Henry Stern, SB 63 would require the Director of Cal Fire, in
addition to the existing requirement to identify areas of the state that are VHFHSZs in the
local responsibility area, to also identify areas of the state as “moderate” and “high” fire
hazard severity zones based on con sistent statewide criteria and the severity of fire
hazard expected for those areas. Upon designation, local agencies must make
information regarding these zone designations available for public review and comment
within 30 days. Cal Fire already uses these designations to classify lands within the state
responsibility area.
SB 63 would further make multiple changes state law to enhance fire prevention efforts
by Cal Fire, including among other things, improved vegetation management, and
expanding the areas where enhanced fire safety building standards apply.
Overall, this bill:
• Would modify Cal Fire’s local assistance grant fund program to focus on increasing
the protection of people, structure and communities, and would expand eligible
activities funded by the program.
• Requires Cal Fire to take on additional responsibilities to:
o Include in its fuels management guidance, the minimization of flammable
nonnative grasses and weeds and suggestions for fuel modification beyond
the property line to maintain 100 feet of defensible space from a structure;
o Develop a statewide defensible space and home hardening assessment
and education program by trained representatives of Fire Safe Councils,
University of California fire advisors, registered professional foresters,
resource conservation districts, in the state responsibility area (SRA);
o Develop and implement a training pilot program to train individuals to
support and augment Cal Fire’s defensible space and home hardening
assessment and public education efforts; and
o Establish a program for purposes of conducting landscape scale ecological
restoration and fire resiliency projects on national forest lands.
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Senate Bill 63, as currently drafted, would curtail local land use authority by empowering
the Director of Cal Fire to establish a one-size-fits-all approach to determining defensible
space and home hardening assessment. This bill further requires the Director of Cal Fire
to designate areas of the state as moderate or high fire hazard severity zones and
mandates that local government make this information publicly available for review and
comment. By expanding the responsibility of a local agency, the bill would impose a state -
mandated local program.
The City Council has strongly opposed legislation that seeks to limit local land use
authority. Although these bills are well-intended, given these bills’ widespread impact on
the City’s ability to maintain local decision-making authority over residential and
commercial developments, Staff recommends the City Council authorize the Mayor to
sign letters, as drafted or with revisions, opposing SB 12, SB 55 and SB 63.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Do not authorize the Mayor to sign the letters.
2. Identify specific concerns with current bill language, and direct Staff to draft
letters that don’t take a position on the proposed bills but raise concerns with
the current bill language.
3. Take other action, as deemed appropriate.
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July 6, 2021 Via Email
The Honorable Mike McGuire
California State Senate
State Capitol, Rm. 5061
Sacramento, CA 95814
SUBJECT: Notice of Opposition to SB 12
Dear Senator McGuire:
The City of Rancho Palos Verdes writes to express our strong opposition to SB 12, which
would require local jurisdictions to assume additional fire hazard responsibilities and
development standards.
The City of Rancho Palos Verdes recognizes and appreciates the increasing threat of
wildfires in our state and supports the goal and intent of SB 12 to protect Californians.
Moreover, the City also supports adjusting the RHNA methodology to reduce housing
allocations in very high fire hazard areas. While we appreciate the Legislature's intent,
the City is concerned that SB 12 would limit local land use authority and exacerbate our
state's current housing crisis without accomplishing its stated goal of protecting the public
from wildfires.
Over the last several years, California and its local jurisdictions have incorporated the
most advanced and protective fire standards and technologies into new
developments. Homes built to current California Wildland-Urban Interface Code, Fire
Code, and Building Code standards have a proven track record of successfully surviving
fire events. Despite the success of the current development regime, SB 12 proposes a
new regulatory framework that will impose redundant procedures on development,
potentially impacting the availability of affordable housing, and housing in general.
The City is particularly concerned that SB 12 as currently written erodes local control by
requiring cities to make specified findings regarding fire standards prior to permitting
development in extremely high fire hazard severity zones. Additionally, this bill further
requires local jurisdictions to amend the land use and safety elements of the General Plan
and establishes enforcement programs to ensure that requirements for defensible space
and vegetation management as specified in this bill are met.
The City of Rancho Palos Verdes is located almost entirely within a Very High Fire Hazard
Severity Zone. As locally elected officials, my colleagues and I are closest to the issues
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July 6, 2021
Page 2
affecting our jurisdictions, and our involvement in local land use decisions is critical to
ensuring the viability and effectiveness of projects. While we applaud efforts to mitiga te
the impact of wildfire hazards on local communities, this bill, like many others, undermines
local control and adopts a one-size-fits-all approach that does not work for many cities,
including ours. For these reasons, the City of Rancho Palos Verdes opposes SB 12.
Sincerely,
Eric Alegria
Mayor
cc: David Chiu, Chair, Assembly Housing and Community Development Committee
Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
A-2
AMENDED IN SENATE MAY 4, 2021
SENATE BILL No. 12
Introduced by Senators McGuire and Stern
(Coauthors: Senators Atkins, Caballero, and Dodd)
December 7, 2020
An act to amend Sections 65007, 65302, 65584, 65584.04, and
65584.06 of, and to add Sections 65011, 65012, 65013, 65040.18,
65302.11, 65860.2, 65865.6, 65962.3, and 66474.03 to, the Government
Code, to amend Section 13132.7 of the Health and Safety Code, and to
amend Section 4290 of, and to add Section 4123.6 to, the Public
Resources Code, relating to local government.
legislative counsel’s digest
SB 12, as amended, McGuire. Local government: planning and
zoning: wildfires.
(1) The Planning and Zoning Law requires the legislative body of a
city or county to adopt a comprehensive, long-term general plan that
includes various elements, including, among others, a housing element
and a safety element for the protection of the community from
unreasonable risks associated with the effects of various geologic and
seismic hazards, flooding, and wildland and urban fires. Existing law
requires the housing element to be revised according to a specific
schedule. Existing law requires the planning agency to review and, if
necessary, revise the safety element upon each revision of the housing
element or local hazard mitigation plan, but not less than once every 8
years to identify new information relating to flood and fire hazards and
climate adaptation and resiliency strategies applicable to the city or
county that was not available during the previous revision of the safety
element.
Corrected 5-24-21—See last page.98 B-1
Existing law requires that the Office of Planning and Research, among
other things, coordinate with appropriate entities, including state,
regional, or local agencies, to establish a clearinghouse for climate
adaptation information for use by state, regional, and local entities, as
provided.
This bill would require the safety element, upon the next revision of
the housing element or the hazard mitigation plan, on or after July 1,
2024, whichever occurs first, to be reviewed and updated as necessary
to include a comprehensive retrofit strategy to reduce the risk of property
loss and damage during wildfires, as specified, and would require the
planning agency to submit the adopted strategy to the Office of Planning
and Research for inclusion into the above-described clearinghouse. The
bill would also require the planning agency to review and, if necessary,
revise the safety element upon each revision of the housing element or
local hazard mitigation plan, but not less than once every 8 years, to
identify new information relating to retrofit updates applicable to the
city or county that was not available during the previous revision of the
safety element. By increasing the duties of local officials, this bill would
create a state-mandated local program.
(2) Existing law requires the general plan to include a land use
element that designates the proposed general distribution and general
location and extent of the uses of the land for, among other purposes,
housing, business, and industry. Existing law additionally requires the
general plan to include a housing element and requires each local
government to review and revise its housing element, as specified.
This bill would require a city or county that contains a very high fire
risk area, as defined, upon each revision of the housing element on or
after July 1, 2024, to amend the land use element of its general plan to
contain, among other things, the locations of all very high fire risk areas
within the city or county and feasible implementation measures designed
to carry out specified goals, objectives, and policies relating to the
protection of lives and property from unreasonable risk of wildfire. The
bill would require the city or county to complete a review of, and make
findings related to, wildfire risk reduction standards, as defined, upon
each subsequent revision of the housing element, as provided. The bill
would require the State Board of Forestry and Fire Protection to review
the findings and make recommendations, as provided.
The bill would additionally require the Office of the State Fire
Marshal, in consultation with the Office of Planning and Research and
the State Board of Forestry and Fire Protection, by January 1, 2023, to
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— 2 — SB 12 B-2
adopt wildfire risk reduction standards for developments in a very high
fire risk area that meet certain requirements and reasonable standards
for third-party inspection and certifications for a specified enforcement
program. The bill would also require the Office of the State Fire Marshal
to, by January 1, 2024, update the maps of the very high fire hazard
severity zones, as specified. The bill would require the Office of the
State Fire Marshal to convene a working group of stakeholders, as
specified, to assist in this effort and to consider specified national
standards.
Existing law requires county or city zoning ordinances to be consistent
with the general plan of the county or city, as specified.
This bill would require a city or county that contains a very high fire
risk area, within 12 months following the amendment of the city or
county’s land use element, to adopt a very high fire risk overlay zone
or otherwise amend its zoning ordinance so that it is consistent with the
general plan, as specified.
This bill would additionally prohibit the legislative body of a city or
county that contains a very high fire risk area, upon the effective date
of the revision of the city or county’s land use element, from entering
into a development agreement for property that is located within a very
high fire risk area, approving specified discretionary permits or other
discretionary entitlements for projects located within a very high fire
risk area, or approving a tentative map or a parcel map for which a
tentative map was not required for a subdivision that is located within
a very high fire risk area, unless the city or county makes specified
findings based on substantial evidence in the record.
By increasing the duties of local officials, this bill would impose a
state-mandated local program.
(3) Existing law requires the Department of Housing and Community
Development, in consultation with each council of governments, to
determine each region’s existing and projected housing need, as
provided. Existing law requires each council of governments, or the
department for cities and counties without a council of governments,
to adopt a final regional housing need plan that allocates a share of the
regional housing need to each city, county, or city and county and that
furthers specified objectives.
This bill would require the regional housing needs allocation plan to
additionally further the objective of reducing development pressure
within very high fire risk areas.
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SB 12 — 3 — B-3
(4) Existing law requires the council of governments, or delegate
subregion, as applicable, to develop a proposed methodology for
distributing the existing and projected regional housing need and, to
the extent that sufficient data is available as provided, to include
specified factors to develop the methodology that allocates regional
housing needs, including, among other factors, the rate of overcrowding.
This bill would additionally require the council of governments, or
delegate subregion, as applicable, to include within those factors for
the seventh and subsequent revisions of the housing element, the amount
of land in each member jurisdiction that is within a very high fire risk
area by allocating a lower proportion of housing if the council of
governments or delegate subregion determines, based on specified
factors, that it is likely that the jurisdiction would otherwise need to
identify lands within a very high fire risk area as adequate sites in order
to meet its housing need allocation.
For cities and counties without a council of governments, existing
law requires the Department of Housing and Community Development
to determine and distribute the existing and projected housing need,
unless that responsibility is delegated as provided to cities and counties,
based upon available data and in consultation with the cities and
counties, taking into consideration, among other things, the availability
of suitable sites and public facilities.
This bill would also require the department, for the seventh and
subsequent revisions of the housing element, to take into consideration
the amount of land in each city and each county that is within a very
high fire risk area, as defined, by allocating a lower proportion of
housing if the department determines, based on specified factors, that
it is likely that the jurisdiction would otherwise need to identify lands
within a very high fire risk area as adequate sites in order to meet its
housing need allocation.
By increasing the duties of local officials, this bill would impose a
state-mandated local program.
(5) Existing law requires the Office of Planning and Research to
implement various long-range planning and research policies and goals
that are intended to, among other things, encourage the formation and
proper functioning of local entities and, in connection with those
responsibilities, to adopt guidelines for the preparation and content of
the mandatory elements required in city and county general plans.
This bill would require the Office of Planning and Research, on or
before January 1, 2023, in collaboration with cities and counties, to
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— 4 — SB 12 B-4
identify local ordinances, policies, and best practices relating to land
use planning in very high fire risk areas, wildfire risk reduction, and
wildfire preparedness and publish these resources on the above-described
clearinghouse, as specified.
(6) Existing law requires, until the 2023–24 fiscal year, the amount
of $165,000,000 to be appropriated from the Greenhouse Gas Reduction
Fund to the Department of Forestry and Fire Protection for healthy
forest and fire prevention programs and projects that improve forest
health and reduce greenhouse gas emissions caused by uncontrolled
wildfires.
This bill would establish the Wildfire Risk Reduction Planning
Support Grants Program, administered by the Department of Forestry
and Fire Protection, for the purpose of providing small jurisdictions, as
defined, containing very high fire hazard risk areas with grants for
specified planning activities to enable those jurisdictions to meet the
requirements set forth in the bill, as described above. Upon
appropriation, the bill would require the department to distribute grant
funds under the program via a noncompetitive, over-the-counter process,
as provided, to small jurisdictions. The bill would require a recipient
small jurisdiction to use the allocation solely for wildfire risk reduction
planning activities, as specified. The bill would authorize the department
to set aside up to 5% of any amount appropriated for these purposes for
program administration.
(7) Existing law requires the State Board of Forestry and Fire
Protection to adopt regulations implementing minimum fire safety
standards that are applicable to lands classified and designated as very
high fire hazard severity zones, and requires the regulations to apply to
the perimeters and access to all residential, commercial, and industrial
building construction within lands classified and designated as very
high fire hazard severity zones, as defined, after July 1, 2021.
This bill would specify that the above-described regulations apply to
the perimeters and access from the perimeters to all residential,
commercial, and industrial building construction within lands classified
and designated as very high fire hazard severity zones. The bill would
also require the regulations to conform as nearly as practicable with
specified existing regulations adopted by the State Fire Marshal.
(8) Existing law requires a common interest development within a
very high fire severity zone to allow an owner to install or repair a roof
with at least one type of fire retardant roof covering material that meets
specified requirements.
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SB 12 — 5 — B-5
This bill would require the one type of fire retardant roof covering
material to additionally meet, at a minimum, class B standards, as
specified in the International Building Code.
(9) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65007 of the Government Code is
line 2 amended to read:
line 3 65007. As used in Sections 65302.9, 65860.1, 65865.5, 65962,
line 4 and 66474.5, the following terms have the following meanings,
line 5 unless the context requires otherwise:
line 6 (a) “Adequate progress” means all of the following:
line 7 (1) The total project scope, schedule, and cost of the completed
line 8 flood protection system have been developed to meet the
line 9 appropriate standard of protection.
line 10 (2) (A) Revenues that are sufficient to fund each year of the
line 11 project schedule developed in paragraph (1) have been identified
line 12 and, in any given year and consistent with that schedule, at least
line 13 90 percent of the revenues scheduled to be received by that year
line 14 have been appropriated and are currently being expended.
line 15 (B) Notwithstanding subparagraph (A), for any year in which
line 16 state funding is not appropriated consistent with an agreement
line 17 between a state agency and a local flood management agency, the
line 18 Central Valley Flood Protection Board may find that the local
line 19 flood management agency is making adequate progress in working
line 20 toward the completion of the flood protection system.
line 21 (3) Critical features of the flood protection system are under
line 22 construction, and each critical feature is progressing as indicated
line 23 by the actual expenditure of the construction budget funds.
line 24 (4) The city or county has not been responsible for a significant
line 25 delay in the completion of the system.
line 26 (5) The local flood management agency shall provide the
line 27 Department of Water Resources and the Central Valley Flood
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line 1 Protection Board with the information specified in this subdivision
line 2 sufficient to determine substantial completion of the required flood
line 3 protection. The local flood management agency shall annually
line 4 report to the Central Valley Flood Protection Board on the efforts
line 5 in working toward completion of the flood protection system.
line 6 (b) “Central Valley Flood Protection Plan” has the same
line 7 meaning as that set forth in Section 9612 of the Water Code.
line 8 (c) “Developed area” has the same meaning as that set forth in
line 9 Section 59.1 of Title 44 of the Code of Federal Regulations.
line 10 (d) “Flood hazard zone” means an area subject to flooding that
line 11 is delineated as either a special hazard area or an area of moderate
line 12 hazard on an official flood insurance rate map issued by the Federal
line 13 Emergency Management Agency (FEMA). The identification of
line 14 flood hazard zones does not imply that areas outside the flood
line 15 hazard zones, or uses permitted within flood hazard zones, will be
line 16 free from flooding or flood damage.
line 17 (e) “National Federal Emergency Management Agency standard
line 18 of flood protection” means the level of flood protection that is
line 19 necessary to withstand flooding that has a 1-in-100 chance of
line 20 occurring in any given year using criteria developed by FEMA for
line 21 application in the National Flood Insurance Program.
line 22 (f) “Nonurbanized area” means a developed area or an area
line 23 outside a developed area in which there are fewer than 10,000
line 24 residents that is not an urbanizing area.
line 25 (g) “Project levee” means any levee that is part of the facilities
line 26 of the State Plan of Flood Control.
line 27 (h) “Sacramento-San Joaquin Valley” means lands in the bed
line 28 or along or near the banks of the Sacramento River or San Joaquin
line 29 River, or their tributaries or connected therewith, or upon any land
line 30 adjacent thereto, or within the overflow basins thereof, or upon
line 31 land susceptible to overflow therefrom. The Sacramento-San
line 32 Joaquin Valley does not include lands lying within the Tulare Lake
line 33 basin, including the Kings River.
line 34 (i) “State Plan of Flood Control” has the same meaning as that
line 35 set forth in subdivision (j) of Section 5096.805 of the Public
line 36 Resources Code.
line 37 (j) “Tulare Lake basin” means the Tulare Lake Hydrologic
line 38 Region as defined in the California Water Plan Update 2009,
line 39 prepared by the Department of Water Resources pursuant to
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SB 12 — 7 — B-7
line 1 Chapter 1 (commencing with Section 10004) of Part 1.5 of Division
line 2 6 of the Water Code.
line 3 (k) “Undetermined risk area” means an urban or urbanizing area
line 4 within a moderate flood hazard zone, as delineated on an official
line 5 flood insurance rate map issued by FEMA, which has not been
line 6 determined to have an urban level of protection.
line 7 (l) “Urban area” means a developed area in which there are
line 8 10,000 residents or more.
line 9 (m) “Urbanizing area” means a developed area or an area outside
line 10 a developed area that is planned or anticipated to have 10,000
line 11 residents or more within the next 10 years.
line 12 (n) “Urban level of flood protection” means the level of
line 13 protection that is necessary to withstand flooding that has a
line 14 1-in-200 chance of occurring in any given year using criteria
line 15 consistent with, or developed by, the Department of Water
line 16 Resources. “Urban level of flood protection” shall not mean
line 17 shallow flooding or flooding from local drainage that meets the
line 18 criteria of the national FEMA standard of flood protection.
line 19 (o) “Very high fire risk area” has the same meaning as defined
line 20 in Section 65011.
line 21 SEC. 2. Section 65011 is added to the Government Code, to
line 22 read:
line 23 65011. For the purposes of Sections 65302.11, 65860.2,
line 24 65865.6, 65962.3, and 66474.03, unless the context requires
line 25 otherwise, the following terms have the following meanings:
line 26 (a) “Adequate progress” means the city or county is taking
line 27 concrete steps reasonably calculated to achieve funding and
line 28 implementation of the applicable standard with the timeframe
line 29 specified in subdivision (b) of Section 65012.
line 30 (b) “Very high fire risk area” means any lands located within a
line 31 very high fire hazard severity zone, as designated pursuant to
line 32 subdivisions (a) and (b) of Section 51179, or as indicated on maps
line 33 adopted by the Department of Forestry and Fire Protection pursuant
line 34 to Section 4202 of the Public Resources Code. Code or as
line 35 designated pursuant to subdivisions (a) and (b) of Section 51179.
line 36 SEC. 3. Section 65012 is added to the Government Code, to
line 37 read:
line 38 65012. (a) For the purposes of Sections 65302.11, 65860.2,
line 39 65865.6 65865.6, 65962.3, and 66474.03, “wildfire risk reduction
line 40 standard” means the following:
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— 8 — SB 12 B-8
line 1 (1) For a development of any size:
line 2 (A) The regulations adopted by the State Board of Forestry and
line 3 Fire Protection, the State Fire Marshal, and the California Building
line 4 Standards Commission regarding defensible space, vegetation
line 5 management, fuel modification, and materials and construction
line 6 methods for exterior wildfire exposure, including, but not limited
line 7 to, all of the following, or the successor provisions:
line 8 (i) Chapter 7A of the California Building Code.
line 9 (ii) Chapter 49 of the California Fire Code.
line 10 (iii) Section R337 of the California Residential Code.
line 11 (iv) Chapter 12-7A of the California Referenced Standards
line 12 Code.
line 13 (v) Subchapter 2 (commencing with Section 1270) of Chapter
line 14 7 of Division 1.5 of Title 14 of the California Code of Regulations.
line 15 (vi) Article 3 (commencing with Section 1299.01) of Subchapter
line 16 3 of Chapter 7 of Division 1.5 of Title 14 of the California Code
line 17 of Regulations.
line 18 (B) A wildland fire hazard assessment and wildfire hazard
line 19 mitigation plan approved by the enforcing agency in accordance
line 20 with standards adopted by the State Fire Marshal pursuant to
line 21 Section 65013.
line 22 (C) An enforcement program established, funded, and
line 23 implemented to verify ongoing compliance of the defensible space,
line 24 vegetation management, and fuel modification requirements of
line 25 the regulations described in subparagraph (A), and with any
line 26 continuing obligations imposed under a fire protection plan or
line 27 wildfire hazard mitigation plan established for the project. The
line 28 enforcing agency may charge a fee sufficient to cover the costs of
line 29 administering the program and providing any inspections conducted
line 30 by the enforcing agency. The program shall ensure that compliance
line 31 is documented for each affected property or structure at least once
line 32 every three years. Acceptable methods of compliance inspection
line 33 and documentation shall be determined by the enforcing agency
line 34 and may include any of the following:
line 35 (i) The local, state, or federal fire authority or designee
line 36 authorized to enforce vegetation management requirements.
line 37 (ii) The enforcing agency.
line 38 (iii) Third-party inspection and certification authorized in
line 39 accordance with the regulations adopted by the State Fire Marshal
line 40 pursuant to Section 65013.
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line 1 (D) The regulations relating to the organization and deployment
line 2 of fire suppression operations, fire protection infrastructure, water
line 3 supplies for fire fighting, and reducing ignition hazards from
line 4 wildland fire adopted by the State Fire Marshal pursuant to Section
line 5 65013.
line 6 (2) For a development of nine units or more:
line 7 (A) All of the standards set forth in paragraph (1).
line 8 (B) A fire protection plan setting forth reasonable site-specific
line 9 safety measures to ensure that the development as a whole is
line 10 planned and constructed to resist the encroachment of uncontrolled
line 11 fire. The fire protection plan may be combined with the wildfire
line 12 hazard mitigation plan prepared for the development in accordance
line 13 with subparagraph (B) of paragraph (1). The plan shall include,
line 14 but not be limited to, all of the following:
line 15 (i) A development layout that reduces wildfire risk to the greatest
line 16 extent practicable, through measures that may include, but are not
line 17 limited to, clustering of structures in the lowest risk areas on the
line 18 property, while still requiring all structures to be separated by a
line 19 safe distance to avoid the spread of fires from structure to structure,
line 20 the use of natural and manmade features as fire breaks, and the
line 21 establishment of community protection fire breaks on the perimeter
line 22 of the property.
line 23 (ii) Identification of a low-risk fire safety area where community
line 24 members can evacuate to and wait until emergency service
line 25 providers can reach them.
line 26 (iii) Mechanisms, including funding, to maintain common areas
line 27 and open spaces within the development so that ground fuels do
line 28 not promote the spread of wildfire and aerial fuels do not allow
line 29 the spread of a fire through the tree canopy.
line 30 (C) A condition on the development that all parcels within the
line 31 development containing structures are subject to an ongoing,
line 32 permanent fee, tax, or assessment, an assessment through a
line 33 homeowners’ association, or a similar funding mechanism
line 34 sufficient to ensure that defensible space and vegetation
line 35 management maintenance is funded and occurs on a schedule so
line 36 as to comply with subparagraph (C) of paragraph (1), and other
line 37 requirements for maintaining defensible space and vegetation
line 38 management under law, including, but not limited to, Section 4291
line 39 of the Public Resources Code.
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line 1 (D) The development shall not be approved unless the city or
line 2 county finds, based on substantial evidence in the record, that the
line 3 development can be reasonably accessed and served in the case
line 4 of a wildfire, with adequate ingress and egress, including, but not
line 5 limited to, primary and secondary routes and capacity for
line 6 evacuation and emergency response at the same time.
line 7 (3) For any development subject to this subdivision that includes
line 8 100 or more residential dwelling units:
line 9 (A) All of the standards set forth in paragraphs (1) and (2).
line 10 (B) Additional wildfire risk reduction standards adopted by the
line 11 State Fire Marshal pursuant to clause (ii) of subparagraph (A) of
line 12 paragraph (1) of subdivision (a) of Section 65013, or conditions
line 13 imposed by the city or county that provide the same practical effect
line 14 as the standards and are at least the equivalent of the standards in
line 15 reducing the risk to life and property from catastrophic wildfire.
line 16 (b) For a period of five years following adoption of the zoning
line 17 ordinance amendment pursuant to Section 65860.2, a development
line 18 shall be deemed in compliance with the wildfire risk reduction
line 19 standards set forth in subparagraphs (C) and (D) of paragraph (1)
line 20 of subdivision (a) if the city or county finds, based on substantial
line 21 evidence in the record, that the responsible state and local agencies
line 22 have made adequate progress toward providing protection from
line 23 wildfire risk to the level set forth in those standards, or wildfire
line 24 protection standards adopted by the city or county that meet or
line 25 exceed those standards.
line 26 (c) Nothing in this section shall be construed to limit the existing
line 27 authority of the State Fire Marshal or any other public agency
line 28 under any other law from adopting standards that are more
line 29 protective of life and property from the risk of wildfire.
line 30 SEC. 4. Section 65013 is added to the Government Code, to
line 31 read:
line 32 65013. (a) By January 1, 2023, the Office of the State Fire
line 33 Marshal, in consultation with the Office of Planning and Research
line 34 and the State Board of Forestry and Fire Protection, shall do all of
line 35 the following:
line 36 (1) Adopt wildfire risk reduction standards for developments in
line 37 a very high fire risk area that meet all of the following
line 38 requirements:
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SB 12 — 11 — B-11
line 1 (A) (i) Account for differences in the size of proposed
line 2 developments, consistent with the categories set forth in Section
line 3 65012.
line 4 (ii) When adopting standards for developments that include 100
line 5 or more residential dwelling units, the Office of the State Fire
line 6 Marshal shall incorporate all applicable recommendations included
line 7 in the Office of Planning and Research’s most recent 2015
line 8 publication of “Fire Hazard Planning–General Plan Technical
line 9 Advice Series.”
line 10 (B) Include standards for organization and development of fire
line 11 suppression operations, fire protection infrastructure, water supplies
line 12 for fire fighting, and reducing structure ignition hazards from
line 13 wildland fire.
line 14 (C) Include any additional requirements for fire hardening or
line 15 similar building standards applicable to structures located in areas
line 16 without a secondary egress route that are identified in accordance
line 17 with subdivision (a) of Section 4290.5 of the Public Resources
line 18 Code.
line 19 (D) Establish community-scale risk reduction measures,
line 20 including, but not limited to, both of the following:
line 21 (i) Community design and layout.
line 22 (ii) Location and construction of infrastructure to reduce ignition
line 23 potential and ensure availability of water supplies essential for fire
line 24 suppression during a wildfire.
line 25 (E) Are designed to reduce the risk of catastrophic loss due to
line 26 wildfire based upon a risk model that uses current wildfire hazard
line 27 severity information known for the very high fire risk areas. The
line 28 Office of the State Fire Marshal shall utilize a risk model that meets
line 29 both of the following requirements:
line 30 (i) The risk model is able to quantify the risk for a community
line 31 or parcel in a very high fire risk area through the input of mitigating
line 32 factors into the model.
line 33 (ii) The model uses the best available science and objective
line 34 scientific methodologies.
line 35 (F) Are directly applicable to, and account for, California’s
line 36 climate, weather, topography, and development patterns.
line 37 (2) Adopt standards for third-party inspection and certification
line 38 conducted pursuant to subparagraph (C) of paragraph (1) of
line 39 subdivision (a) of Section 65012.
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line 1 (b) (1) By January 1, 2024, the Office of the State Fire Marshal
line 2 shall update the maps of the very high fire hazard severity zones
line 3 pursuant to Section 51178.
line 4 (2) In updating the maps pursuant to subparagraph (A), the State
line 5 Fire Marshal shall identify areas within very high fire hazard
line 6 severity zones where new residential development poses
line 7 exceptional risk to future occupants of the development and to fire
line 8 personnel and other public safety personnel that must access the
line 9 development during a wildfire.
line 10 (c) Standards adopted pursuant to this section, regulations and
line 11 rules of general applicability adopted pursuant to Section 65012,
line 12 and regulations and rules of general applicability adopted by state
line 13 or local agencies as necessary to implement those standards, shall
line 14 be reasonable, and shall be feasible and achievable for the majority
line 15 of developments in each category set forth in subdivision (a) of
line 16 Section 65012.
line 17 (d) In developing the standards required by this section, the
line 18 Office of the State Fire Marshal shall do both of the following:
line 19 (1) Convene a working group of stakeholders, including
line 20 representatives of urban, suburban, and rural counties and cities
line 21 to assist in this effort.
line 22 (2) Consider national standards, including, but not limited to,
line 23 the following:
line 24 (A) The ICC International Wildland-Urban Interface Code.
line 25 (B) NFPA 1141: Standard for Fire Protection Infrastructure for
line 26 Land Development and Wildland, Rural, and Suburban Areas.
line 27 (C) NFPA 1142: Standard on Water Supplies for Suburban and
line 28 Rural Fire Fighting.
line 29 (D) NFPA 1144: Standard for Reducing Structure Ignition
line 30 Hazards from Wildland Fire.
line 31 (E) NFPA 1720: Standards for the Organization and Deployment
line 32 of Fire Suppression Operations, Emergency Medical Operations
line 33 Operations, and Special Operations, Operations to the Public by
line 34 Volunteer Fire Departments.
line 35 (e) The Office of the State Fire Marshal may incorporate some
line 36 or all of the wildfire risk reduction standards adopted pursuant to
line 37 this section into the building standards developed pursuant to
line 38 Section 13108.5 of the Health and Safety Code or the regulations
line 39 adopted pursuant to Section 4290 of the Public Resources Code.
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SB 12 — 13 — B-13
line 1 (f) Standards adopted pursuant to this section shall be adopted
line 2 pursuant to the rulemaking provisions of the Administrative
line 3 Procedure Act (Chapter 3.5 (commencing with Section 11340) of
line 4 Part 1 of Division 3 of Title 2).
line 5 (g) Nothing in this section shall be construed to limit the existing
line 6 authority of the State Fire Marshal or any other state or local public
line 7 agency under any other law from adopting standards that are more
line 8 protective of life and property from the risk of wildfire.
line 9 (h) “Very high fire risk area” has the same meaning as defined
line 10 in Section 65011.
line 11 SEC. 5. Section 65040.18 is added to the Government Code,
line 12 to read:
line 13 65040.18. By January 1, 2023, the Office of Planning and
line 14 Research, in collaboration with cities and counties, shall identify
line 15 local ordinances, policies, and best practices relating to land use
line 16 planning in very high fire risk areas, wildfire risk reduction, and
line 17 wildfire preparedness and publish these resources on the
line 18 clearinghouse established pursuant to Section 71360 of the Public
line 19 Resources Code. The office shall include in the clearinghouse any
line 20 comprehensive retrofit strategies submitted pursuant to
line 21 subparagraph (E) of paragraph (6) of subdivision (g) of Section
line 22 65302. The office shall regularly update the clearinghouse materials
line 23 made available pursuant to this section. For purposes of this
line 24 section, “very high fire risk area” has the same meaning as defined
line 25 in Section 65011.
line 26 SEC. 6. Section 65302 of the Government Code, as amended
line 27 by Section 169 of Chapter 370 of the Statutes of 2020, is amended
line 28 to read:
line 29 65302. The general plan shall consist of a statement of
line 30 development policies and shall include a diagram or diagrams and
line 31 text setting forth objectives, principles, standards, and plan
line 32 proposals. The plan shall include the following elements:
line 33 (a) A land use element that designates the proposed general
line 34 distribution and general location and extent of the uses of the land
line 35 for housing, business, industry, open space, including agriculture,
line 36 natural resources, recreation, and enjoyment of scenic beauty,
line 37 education, public buildings and grounds, solid and liquid waste
line 38 disposal facilities, greenways, as defined in Section 816.52 of the
line 39 Civil Code, and other categories of public and private uses of land.
line 40 The location and designation of the extent of the uses of the land
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line 1 for public and private uses shall consider the identification of land
line 2 and natural resources pursuant to paragraph (3) of subdivision (d).
line 3 The land use element shall include a statement of the standards of
line 4 population density and building intensity recommended for the
line 5 various districts and other territory covered by the plan. The land
line 6 use element shall identify and annually review those areas covered
line 7 by the plan that are subject to flooding identified by flood plain
line 8 mapping prepared by the Federal Emergency Management Agency
line 9 (FEMA) or the Department of Water Resources. The land use
line 10 element shall also do both of the following:
line 11 (1) Designate in a land use category that provides for timber
line 12 production those parcels of real property zoned for timberland
line 13 production pursuant to the California Timberland Productivity Act
line 14 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
line 15 of Division 1 of Title 5).
line 16 (2) Consider the impact of new growth on military readiness
line 17 activities carried out on military bases, installations, and operating
line 18 and training areas, when proposing zoning ordinances or
line 19 designating land uses covered by the general plan for land, or other
line 20 territory adjacent to military facilities, or underlying designated
line 21 military aviation routes and airspace.
line 22 (A) In determining the impact of new growth on military
line 23 readiness activities, information provided by military facilities
line 24 shall be considered. Cities and counties shall address military
line 25 impacts based on information from the military and other sources.
line 26 (B) The following definitions govern this paragraph:
line 27 (i) “Military readiness activities” mean all of the following:
line 28 (I) Training, support, and operations that prepare the members
line 29 of the military for combat.
line 30 (II) Operation, maintenance, and security of any military
line 31 installation.
line 32 (III) Testing of military equipment, vehicles, weapons, and
line 33 sensors for proper operation or suitability for combat use.
line 34 (ii) “Military installation” means a base, camp, post, station,
line 35 yard, center, homeport facility for any ship, or other activity under
line 36 the jurisdiction of the United States Department of Defense as
line 37 defined in paragraph (1) of subsection (g) of Section 2687 of Title
line 38 10 of the United States Code.
line 39 (b) (1) A circulation element consisting of the general location
line 40 and extent of existing and proposed major thoroughfares,
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SB 12 — 15 — B-15
line 1 transportation routes, terminals, any military airports and ports,
line 2 and other local public utilities and facilities, all correlated with the
line 3 land use element of the plan.
line 4 (2) (A) Commencing January 1, 2011, upon any substantive
line 5 revision of the circulation element, the legislative body shall
line 6 modify the circulation element to plan for a balanced, multimodal
line 7 transportation network that meets the needs of all users of streets,
line 8 roads, and highways for safe and convenient travel in a manner
line 9 that is suitable to the rural, suburban, or urban context of the
line 10 general plan.
line 11 (B) For purposes of this paragraph, “users of streets, roads, and
line 12 highways” mean bicyclists, children, persons with disabilities,
line 13 motorists, movers of commercial goods, pedestrians, users of public
line 14 transportation, and seniors.
line 15 (c) A housing element as provided in Article 10.6 (commencing
line 16 with Section 65580).
line 17 (d) (1) A conservation element for the conservation,
line 18 development, and utilization of natural resources, including water
line 19 and its hydraulic force, forests, soils, rivers and other waters,
line 20 harbors, fisheries, wildlife, minerals, and other natural resources.
line 21 The conservation element shall consider the effect of development
line 22 within the jurisdiction, as described in the land use element, on
line 23 natural resources located on public lands, including military
line 24 installations. That portion of the conservation element including
line 25 waters shall be developed in coordination with any countywide
line 26 water agency and with all district and city agencies, including
line 27 flood management, water conservation, or groundwater agencies
line 28 that have developed, served, controlled, managed, or conserved
line 29 water of any type for any purpose in the county or city for which
line 30 the plan is prepared. Coordination shall include the discussion and
line 31 evaluation of any water supply and demand information described
line 32 in Section 65352.5, if that information has been submitted by the
line 33 water agency to the city or county.
line 34 (2) The conservation element may also cover all of the
line 35 following:
line 36 (A) The reclamation of land and waters.
line 37 (B) Prevention and control of the pollution of streams and other
line 38 waters.
line 39 (C) Regulation of the use of land in stream channels and other
line 40 areas required for the accomplishment of the conservation plan.
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line 1 (D) Prevention, control, and correction of the erosion of soils,
line 2 beaches, and shores.
line 3 (E) Protection of watersheds.
line 4 (F) The location, quantity, and quality of the rock, sand, and
line 5 gravel resources.
line 6 (3) Upon the next revision of the housing element on or after
line 7 January 1, 2009, the conservation element shall identify rivers,
line 8 creeks, streams, flood corridors, riparian habitats, and land that
line 9 may accommodate floodwater for purposes of groundwater
line 10 recharge and stormwater management.
line 11 (e) An open-space element as provided in Article 10.5
line 12 (commencing with Section 65560).
line 13 (f) (1) A noise element that shall identify and appraise noise
line 14 problems in the community. The noise element shall analyze and
line 15 quantify, to the extent practicable, as determined by the legislative
line 16 body, current and projected noise levels for all of the following
line 17 sources:
line 18 (A) Highways and freeways.
line 19 (B) Primary arterials and major local streets.
line 20 (C) Passenger and freight online railroad operations and ground
line 21 rapid transit systems.
line 22 (D) Commercial, general aviation, heliport, helistop, and military
line 23 airport operations, aircraft overflights, jet engine test stands, and
line 24 all other ground facilities and maintenance functions related to
line 25 airport operation.
line 26 (E) Local industrial plants, including, but not limited to, railroad
line 27 classification yards.
line 28 (F) Other ground stationary noise sources, including, but not
line 29 limited to, military installations, identified by local agencies as
line 30 contributing to the community noise environment.
line 31 (2) Noise contours shall be shown for all of these sources and
line 32 stated in terms of community noise equivalent level (CNEL) or
line 33 day-night average sound level (Ldn). The noise contours shall be
line 34 prepared on the basis of noise monitoring or following generally
line 35 accepted noise modeling techniques for the various sources
line 36 identified in subparagraphs (A) to (F), inclusive, of paragraph (1).
line 37 (3) The noise contours shall be used as a guide for establishing
line 38 a pattern of land uses in the land use element that minimizes the
line 39 exposure of community residents to excessive noise.
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SB 12 — 17 — B-17
line 1 (4) The noise element shall include implementation measures
line 2 and possible solutions that address existing and foreseeable noise
line 3 problems, if any. The adopted noise element shall serve as a
line 4 guideline for compliance with the state’s noise insulation standards.
line 5 (g) (1) A safety element for the protection of the community
line 6 from any unreasonable risks associated with the effects of
line 7 seismically induced surface rupture, ground shaking, ground
line 8 failure, tsunami, seiche, and dam failure; slope instability leading
line 9 to mudslides and landslides; subsidence; liquefaction; and other
line 10 seismic hazards identified pursuant to Chapter 7.8 (commencing
line 11 with Section 2690) of Division 2 of the Public Resources Code,
line 12 and other geologic hazards known to the legislative body; flooding;
line 13 and wildland and urban fires. The safety element shall include
line 14 mapping of known seismic and other geologic hazards. It shall
line 15 also address evacuation routes, military installations, peakload
line 16 water supply requirements, and minimum road widths and
line 17 clearances around structures, as those items relate to identified fire
line 18 and geologic hazards.
line 19 (2) The safety element, upon the next revision of the housing
line 20 element on or after January 1, 2009, shall also do the following:
line 21 (A) Identify information regarding flood hazards, including,
line 22 but not limited to, the following:
line 23 (i) Flood hazard zones. As used in this subdivision, “flood
line 24 hazard zone” means an area subject to flooding that is delineated
line 25 as either a special hazard area or an area of moderate or minimal
line 26 hazard on an official flood insurance rate map issued by FEMA.
line 27 The identification of a flood hazard zone does not imply that areas
line 28 outside the flood hazard zones or uses permitted within flood
line 29 hazard zones will be free from flooding or flood damage.
line 30 (ii) National Flood Insurance Program maps published by
line 31 FEMA.
line 32 (iii) Information about flood hazards that is available from the
line 33 United States Army Corps of Engineers.
line 34 (iv) Designated floodway maps that are available from the
line 35 Central Valley Flood Protection Board.
line 36 (v) Dam failure inundation maps prepared pursuant to Section
line 37 6161 of the Water Code that are available from the Department of
line 38 Water Resources.
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line 1 (vi) Awareness Floodplain Mapping Program maps and 200-year
line 2 flood plain maps that are or may be available from, or accepted
line 3 by, the Department of Water Resources.
line 4 (vii) Maps of levee protection zones.
line 5 (viii) Areas subject to inundation in the event of the failure of
line 6 project or nonproject levees or floodwalls.
line 7 (ix) Historical data on flooding, including locally prepared maps
line 8 of areas that are subject to flooding, areas that are vulnerable to
line 9 flooding after wildfires, and sites that have been repeatedly
line 10 damaged by flooding.
line 11 (x) Existing and planned development in flood hazard zones,
line 12 including structures, roads, utilities, and essential public facilities.
line 13 (xi) Local, state, and federal agencies with responsibility for
line 14 flood protection, including special districts and local offices of
line 15 emergency services.
line 16 (B) Establish a set of comprehensive goals, policies, and
line 17 objectives based on the information identified pursuant to
line 18 subparagraph (A), for the protection of the community from the
line 19 unreasonable risks of flooding, including, but not limited to:
line 20 (i) Avoiding or minimizing the risks of flooding to new
line 21 development.
line 22 (ii) Evaluating whether new development should be located in
line 23 flood hazard zones, and identifying construction methods or other
line 24 methods to minimize damage if new development is located in
line 25 flood hazard zones.
line 26 (iii) Maintaining the structural and operational integrity of
line 27 essential public facilities during flooding.
line 28 (iv) Locating, when feasible, new essential public facilities
line 29 outside of flood hazard zones, including hospitals and health care
line 30 facilities, emergency shelters, fire stations, emergency command
line 31 centers, and emergency communications facilities or identifying
line 32 construction methods or other methods to minimize damage if
line 33 these facilities are located in flood hazard zones.
line 34 (v) Establishing cooperative working relationships among public
line 35 agencies with responsibility for flood protection.
line 36 (C) Establish a set of feasible implementation measures designed
line 37 to carry out the goals, policies, and objectives established pursuant
line 38 to subparagraph (B).
line 39 (3) Upon the next revision of the housing element on or after
line 40 January 1, 2014, the safety element shall be reviewed and updated
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line 1 as necessary to address the risk of fire for land classified as state
line 2 responsibility areas, as defined in Section 4102 of the Public
line 3 Resources Code, and land classified as very high fire hazard
line 4 severity zones, as defined in Section 51177. This review shall
line 5 consider the advice included in the Office of Planning and
line 6 Research’s most recent publication of “Fire Hazard Planning,
line 7 General Planning–General Plan Technical Advice Series” and
line 8 shall also include all of the following:
line 9 (A) Information regarding fire hazards, including, but not limited
line 10 to, all of the following:
line 11 (i) Fire hazard severity zone maps available from the Department
line 12 of Forestry and Fire Protection.
line 13 (ii) Any historical data on wildfires available from local agencies
line 14 or a reference to where the data can be found.
line 15 (iii) Information about wildfire hazard areas that may be
line 16 available from the United States Geological Survey.
line 17 (iv) General location and distribution of existing and planned
line 18 uses of land in very high fire hazard severity zones and in state
line 19 responsibility areas, including structures, roads, utilities, and
line 20 essential public facilities. The location and distribution of planned
line 21 uses of land shall not require defensible space compliance measures
line 22 required by state law or local ordinance to occur on publicly owned
line 23 lands or open space designations of homeowner associations.
line 24 (v) Local, state, and federal agencies with responsibility for fire
line 25 protection, including special districts and local offices of
line 26 emergency services.
line 27 (B) A set of goals, policies, and objectives based on the
line 28 information identified pursuant to subparagraph (A) for the
line 29 protection of the community from the unreasonable risk of wildfire.
line 30 (C) A set of feasible implementation measures designed to carry
line 31 out the goals, policies, and objectives based on the information
line 32 identified pursuant to subparagraph (B) including, but not limited
line 33 to, all of the following:
line 34 (i) Avoiding or minimizing the wildfire hazards associated with
line 35 new uses of land.
line 36 (ii) Locating, when feasible, new essential public facilities
line 37 outside of high fire risk areas, including, but not limited to,
line 38 hospitals and health care facilities, emergency shelters, emergency
line 39 command centers, and emergency communications facilities, or
line 40 identifying construction methods or other methods to minimize
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line 1 damage if these facilities are located in a state responsibility area
line 2 or very high fire hazard severity zone.
line 3 (iii) Designing adequate infrastructure if a new development is
line 4 located in a state responsibility area or in a very high fire hazard
line 5 severity zone, including safe access for emergency response
line 6 vehicles, visible street signs, and water supplies for structural fire
line 7 suppression.
line 8 (iv) Working cooperatively with public agencies with
line 9 responsibility for fire protection.
line 10 (D) If a city or county has adopted a fire safety plan or document
line 11 separate from the general plan, an attachment of, or reference to,
line 12 a city or county’s adopted fire safety plan or document that fulfills
line 13 commensurate goals and objectives and contains information
line 14 required pursuant to this paragraph.
line 15 (4) Upon the next revision of a local hazard mitigation plan,
line 16 adopted in accordance with the federal Disaster Mitigation Act of
line 17 2000 (Public Law 106-390), on or after January 1, 2017, or, if a
line 18 local jurisdiction has not adopted a local hazard mitigation plan,
line 19 beginning on or before January 1, 2022, the safety element shall
line 20 be reviewed and updated as necessary to address climate adaptation
line 21 and resiliency strategies applicable to the city or county. This
line 22 review shall consider advice provided in the Office of Planning
line 23 and Research’s General Plan Guidelines and shall include all of
line 24 the following:
line 25 (A) (i) A vulnerability assessment that identifies the risks that
line 26 climate change poses to the local jurisdiction and the geographic
line 27 areas at risk from climate change impacts, including, but not limited
line 28 to, an assessment of how climate change may affect the risks
line 29 addressed pursuant to paragraphs (2) and (3).
line 30 (ii) Information that may be available from federal, state,
line 31 regional, and local agencies that will assist in developing the
line 32 vulnerability assessment and the adaptation policies and strategies
line 33 required pursuant to subparagraph (B), including, but not limited
line 34 to, all of the following:
line 35 (I) Information from the internet-based Cal-Adapt tool.
line 36 (II) Information from the most recent version of the California
line 37 Adaptation Planning Guide.
line 38 (III) Information from local agencies on the types of assets,
line 39 resources, and populations that will be sensitive to various climate
line 40 change exposures.
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SB 12 — 21 — B-21
line 1 (IV) Information from local agencies on their current ability to
line 2 deal with the impacts of climate change.
line 3 (V) Historical data on natural events and hazards, including
line 4 locally prepared maps of areas subject to previous risk, areas that
line 5 are vulnerable, and sites that have been repeatedly damaged.
line 6 (VI) Existing and planned development in identified at-risk
line 7 areas, including structures, roads, utilities, and essential public
line 8 facilities.
line 9 (VII) Federal, state, regional, and local agencies with
line 10 responsibility for the protection of public health and safety and
line 11 the environment, including special districts and local offices of
line 12 emergency services.
line 13 (B) A set of adaptation and resilience goals, policies, and
line 14 objectives based on the information specified in subparagraph (A)
line 15 for the protection of the community.
line 16 (C) A set of feasible implementation measures designed to carry
line 17 out the goals, policies, and objectives identified pursuant to
line 18 subparagraph (B) including, but not limited to, all of the following:
line 19 (i) Feasible methods to avoid or minimize climate change
line 20 impacts associated with new uses of land.
line 21 (ii) The location, when feasible, of new essential public facilities
line 22 outside of at-risk areas, including, but not limited to, hospitals and
line 23 health care facilities, emergency shelters, emergency command
line 24 centers, and emergency communications facilities, or identifying
line 25 construction methods or other methods to minimize damage if
line 26 these facilities are located in at-risk areas.
line 27 (iii) The designation of adequate and feasible infrastructure
line 28 located in an at-risk area.
line 29 (iv) Guidelines for working cooperatively with relevant local,
line 30 regional, state, and federal agencies.
line 31 (v) The identification of natural infrastructure that may be used
line 32 in adaptation projects, where feasible. Where feasible, the plan
line 33 shall use existing natural features and ecosystem processes, or the
line 34 restoration of natural features and ecosystem processes, when
line 35 developing alternatives for consideration. For purposes of this
line 36 clause, “natural infrastructure” means using natural ecological
line 37 systems or processes to reduce vulnerability to climate change
line 38 related hazards, or other related climate change effects, while
line 39 increasing the long-term adaptive capacity of coastal and inland
line 40 areas by perpetuating or restoring ecosystem services. This
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— 22 — SB 12 B-22
line 1 includes, but is not limited to, the conservation, preservation, or
line 2 sustainable management of any form of aquatic or terrestrial
line 3 vegetated open space, such as beaches, dunes, tidal marshes, reefs,
line 4 seagrass, parks, rain gardens, and urban tree canopies. It also
line 5 includes systems and practices that use or mimic natural processes,
line 6 such as permeable pavements, bioswales, and other engineered
line 7 systems, such as levees that are combined with restored natural
line 8 systems, to provide clean water, conserve ecosystem values and
line 9 functions, and provide a wide array of benefits to people and
line 10 wildlife.
line 11 (D) (i) If a city or county has adopted the local hazard
line 12 mitigation plan, or other climate adaptation plan or document that
line 13 fulfills commensurate goals and objectives and contains the
line 14 information required pursuant to this paragraph, separate from the
line 15 general plan, an attachment of, or reference to, the local hazard
line 16 mitigation plan or other climate adaptation plan or document.
line 17 (ii) Cities or counties that have an adopted hazard mitigation
line 18 plan, or other climate adaptation plan or document that substantially
line 19 complies with this section, or have substantially equivalent
line 20 provisions to this subdivision in their general plans, may use that
line 21 information in the safety element to comply with this subdivision,
line 22 and shall summarize and incorporate by reference into the safety
line 23 element the other general plan provisions, climate adaptation plan
line 24 or document, specifically showing how each requirement of this
line 25 subdivision has been met.
line 26 (5) Upon the next revision of the housing element on or after
line 27 January 1, 2020, the safety element shall be reviewed and updated
line 28 as necessary to identify residential developments in any hazard
line 29 area identified in the safety element that do not have at least two
line 30 emergency evacuation routes.
line 31 (6) Upon the next revision of the housing element or the hazard
line 32 mitigation plan, after July 1, 2024, whichever occurs first, the
line 33 safety element shall be reviewed and updated as necessary to
line 34 include a comprehensive retrofit strategy to reduce the risk of
line 35 property loss and damage during wildfires. The comprehensive
line 36 retrofit strategy shall include, but is not limited to, all of the
line 37 following:
line 38 (A) A list of the types of retrofits needed in an area based on
line 39 fire risk.
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SB 12 — 23 — B-23
line 1 (B) A process for identifying and inventorying structures in
line 2 need of retrofit for fire hardening. The strategy shall prioritize the
line 3 identification and inventorying of residential structures in very
line 4 high fire risk areas.
line 5 (C) Goals and milestones for completing needed retrofit work.
line 6 (D) Potential funding sources and financing strategies to pay
line 7 for needed retrofits on public and private property.
line 8 (E) Once adopted, the planning agency shall submit the adopted
line 9 comprehensive retrofit strategy to the Office of Planning and
line 10 Research for inclusion in the clearinghouse established pursuant
line 11 to Section 71360 of the Public Resources Code.
line 12 (7) After the initial revision of the safety element pursuant to
line 13 paragraphs (2), (3), (4), (5), and (6), the planning agency shall
line 14 review and, if necessary, revise the safety element upon each
line 15 revision of the housing element or local hazard mitigation plan,
line 16 but not less than once every eight years, to identify new information
line 17 relating to flood and fire hazards, climate adaptation and resiliency
line 18 strategies, and retrofit updates applicable to the city or county that
line 19 was not available during the previous revision of the safety
line 20 element.
line 21 (8) Cities and counties that have flood plain management
line 22 ordinances that have been approved by FEMA that substantially
line 23 comply with this section, or have substantially equivalent
line 24 provisions to this subdivision in their general plans, may use that
line 25 information in the safety element to comply with this subdivision,
line 26 and shall summarize and incorporate by reference into the safety
line 27 element the other general plan provisions or the flood plain
line 28 ordinance, specifically showing how each requirement of this
line 29 subdivision has been met.
line 30 (9) Before the periodic review of its general plan and before
line 31 preparing or revising its safety element, each city and county shall
line 32 consult the California Geological Survey of the Department of
line 33 Conservation, the Central Valley Flood Protection Board, if the
line 34 city or county is located within the boundaries of the Sacramento
line 35 and San Joaquin Drainage District, as set forth in Section 8501 of
line 36 the Water Code, and the Office of Emergency Services for the
line 37 purpose of including information known by and available to the
line 38 department, the agency, and the board required by this subdivision.
line 39 (10) To the extent that a county’s safety element is sufficiently
line 40 detailed and contains appropriate policies and programs for
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line 1 adoption by a city, a city may adopt that portion of the county’s
line 2 safety element that pertains to the city’s planning area in
line 3 satisfaction of the requirement imposed by this subdivision.
line 4 (h) (1) An environmental justice element, or related goals,
line 5 policies, and objectives integrated in other elements, that identifies
line 6 disadvantaged communities within the area covered by the general
line 7 plan of the city, county, or city and county, if the city, county, or
line 8 city and county has a disadvantaged community. The
line 9 environmental justice element, or related environmental justice
line 10 goals, policies, and objectives integrated in other elements, shall
line 11 do all of the following:
line 12 (A) Identify objectives and policies to reduce the unique or
line 13 compounded health risks in disadvantaged communities by means
line 14 that include, but are not limited to, the reduction of pollution
line 15 exposure, including the improvement of air quality, and the
line 16 promotion of public facilities, food access, safe and sanitary homes,
line 17 and physical activity.
line 18 (B) Identify objectives and policies to promote civic engagement
line 19 in the public decisionmaking process.
line 20 (C) Identify objectives and policies that prioritize improvements
line 21 and programs that address the needs of disadvantaged communities.
line 22 (2) A city, county, or city and county subject to this subdivision
line 23 shall adopt or review the environmental justice element, or the
line 24 environmental justice goals, policies, and objectives in other
line 25 elements, upon the adoption or next revision of two or more
line 26 elements concurrently on or after January 1, 2018.
line 27 (3) By adding this subdivision, the Legislature does not intend
line 28 to require a city, county, or city and county to take any action
line 29 prohibited by the United States Constitution or the California
line 30 Constitution.
line 31 (4) For purposes of this subdivision, the following terms shall
line 32 apply:
line 33 (A) “Disadvantaged communities” means an area identified by
line 34 the California Environmental Protection Agency pursuant to
line 35 Section 39711 of the Health and Safety Code or an area that is a
line 36 low-income area that is disproportionately affected by
line 37 environmental pollution and other hazards that can lead to negative
line 38 health effects, exposure, or environmental degradation.
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SB 12 — 25 — B-25
line 1 (B) “Public facilities” includes public improvements, public
line 2 services, and community amenities, as defined in subdivision (d)
line 3 of Section 66000.
line 4 (C) “Low-income area” means an area with household incomes
line 5 at or below 80 percent of the statewide median income or with
line 6 household incomes at or below the threshold designated as low
line 7 income by the Department of Housing and Community
line 8 Development’s list of state income limits adopted pursuant to
line 9 Section 50093 of the Health and Safety Code.
line 10 SEC. 7. Section 65302.11 is added to the Government Code,
line 11 to read:
line 12 65302.11. (a) Upon each revision of the housing element on
line 13 or after July 1, 2024, each city or county that contains a very high
line 14 fire risk area shall amend the land use element of its general plan
line 15 to contain all of the following with respect to lands located within
line 16 a very high fire risk area:
line 17 (1) (A) The goals contained in the most recent Strategic Fire
line 18 Plan for California prepared by the Department of Forestry and
line 19 Fire Protection.
line 20 (B) The locations of all very high fire risk areas within the city
line 21 or county.
line 22 (C) The data and analysis described in the Office of Planning
line 23 and Research’s most recent publication of “Fire Hazard
line 24 Planning–General Plan Technical Advice Series.”
line 25 (D) The goals of any local hazard mitigation plan, community
line 26 wildfire protection plan, and climate adaptation plan that has been
line 27 adopted by the governing body of the city or county.
line 28 (2) Objectives and policies, based on the goals, data, and
line 29 analysis identified pursuant to paragraph (1), for the protection of
line 30 lives and property from unreasonable risk of wildfire. These
line 31 objectives and policies shall take into consideration, and be
line 32 consistent with, the information, goals, policies, objectives, and
line 33 implementation measures included in the safety element in
line 34 accordance with paragraph (3) of subdivision (g) of Section 65302.
line 35 (3) Feasible implementation measures designed to carry out the
line 36 goals, objectives, and policies established pursuant to this
line 37 subdivision.
line 38 (b) (1) After the initial amendment of the land use element
line 39 pursuant to subdivision (a), the governing body of the city or
line 40 county shall review all of the following upon each subsequent
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— 26 — SB 12 B-26
line 1 revision of the housing element, but not less than once every eight
line 2 years:
line 3 (A) The implementation of the wildfire risk reduction standards,
line 4 as defined in Section 65012, within the jurisdiction. The governing
line 5 body shall make written findings, based upon substantial evidence,
line 6 regarding whether the city or county has implemented the wildfire
line 7 risk reduction standards during the preceding planning period, or
line 8 made adequate progress toward implementing the wildfire risk
line 9 reduction standards as provided in subdivision (b) of Section
line 10 65012.
line 11 (B) The designation of lands within the jurisdiction as very high
line 12 fire hazard severity zones pursuant to subdivision (b) of Section
line 13 51179. The governing body shall make written findings, based
line 14 upon substantial evidence, supporting the determinations made in
line 15 accordance with that subdivision.
line 16 (2) The draft findings required under this subdivision shall be
line 17 submitted to the State Board of Forestry and Fire Protection and
line 18 to every local agency that provides fire protection to territory in
line 19 the city or county at least 90 days prior to adoption by the
line 20 governing body.
line 21 (A) The State Board of Forestry and Fire Protection shall, and
line 22 a local agency may, review the draft findings and recommend
line 23 changes to the city or county within 60 days of its receipt regarding
line 24 both of the following:
line 25 (i) Whether the city or county has implemented the wildfire risk
line 26 reduction standards during the preceding planning period, or made
line 27 adequate progress toward implementing the wildfire risk reduction
line 28 standards as provided in subdivision (b) of Section 65012.
line 29 (ii) Whether the designation of lands within the jurisdiction as
line 30 very high fire hazard severity zones is appropriate.
line 31 (B) (i) Prior to the adoption of its draft findings, the governing
line 32 body shall consider the recommendations, if any, made by the
line 33 State Board of Forestry and Fire Protection and any local agency
line 34 that provides fire protection to territory in the city or county. If
line 35 the governing body determines not to accept all or some of the
line 36 recommendations, if any, made by the State Board of Forestry and
line 37 Fire Protection or the local agency, the governing body shall
line 38 communicate in writing to the State Board of Forestry and Fire
line 39 Protection or the local agency, its reasons for not accepting the
line 40 recommendations.
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SB 12 — 27 — B-27
line 1 (ii) If the governing body proposes not to adopt the State Board
line 2 of Forestry and Fire Protection’s recommendations concerning its
line 3 draft findings, the State Board of Forestry and Fire Protection,
line 4 within 15 days of receipt of the governing body’s written response,
line 5 may request in writing a consultation with the governing body to
line 6 discuss the State Board of Forestry and Fire Protection’s
line 7 recommendations and the governing body’s response. The
line 8 consultation may be conducted in person, electronically, or
line 9 telephonically. If the State Board of Forestry and Fire Protection
line 10 requests a consultation pursuant to this subparagraph, the governing
line 11 body shall not approve the draft element or draft amendment until
line 12 after consulting with the State Board of Forestry and Fire
line 13 Protection. The consultation shall occur within 30 days after the
line 14 State Board of Forestry and Fire Protection’s request.
line 15 (C) The State Board of Forestry and Fire Protection shall notify
line 16 the city or county and may notify the Office of the Attorney
line 17 General that the city or county is in violation of state law if the
line 18 State Board of Forestry and Fire Protection finds that the written
line 19 findings do not substantially comply with this section, or that the
line 20 city or county has otherwise failed to substantially comply with
line 21 this section or with Section 65860.2.
line 22 (3) Any interested person may bring an action to compel
line 23 compliance with the requirements of this subdivision. The action
line 24 shall be brought pursuant to Section 1085 of the Code of Civil
line 25 Procedure.
line 26 (c) For purposes of this section, “very high fire risk area” has
line 27 the same meaning as defined in Section 65011.
line 28 SEC. 8. Section 65584 of the Government Code is amended
line 29 to read:
line 30 65584. (a) (1) For the fourth and subsequent revisions of the
line 31 housing element pursuant to Section 65588, the department shall
line 32 determine the existing and projected need for housing for each
line 33 region pursuant to this article. For purposes of subdivision (a) of
line 34 Section 65583, the share of a city or county of the regional housing
line 35 need shall include that share of the housing need of persons at all
line 36 income levels within the area significantly affected by the general
line 37 plan of the city or county.
line 38 (2) It is the intent of the Legislature that cities, counties, and
line 39 cities and counties should undertake all necessary actions to
line 40 encourage, promote, and facilitate the development of housing to
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line 1 accommodate the entire regional housing need, and reasonable
line 2 actions should be taken by local and regional governments to
line 3 ensure that future housing production meets, at a minimum, the
line 4 regional housing need established for planning purposes. These
line 5 actions shall include applicable reforms and incentives in Section
line 6 65582.1.
line 7 (3) The Legislature finds and declares that insufficient housing
line 8 in job centers hinders the state’s environmental quality and runs
line 9 counter to the state’s environmental goals. In particular, when
line 10 Californians seeking affordable housing are forced to drive longer
line 11 distances to work, an increased amount of greenhouse gases and
line 12 other pollutants is released and puts in jeopardy the achievement
line 13 of the state’s climate goals, as established pursuant to Section
line 14 38566 of the Health and Safety Code, and clean air goals.
line 15 (b) The department, in consultation with each council of
line 16 governments, shall determine each region’s existing and projected
line 17 housing need pursuant to Section 65584.01 at least two years prior
line 18 to the scheduled revision required pursuant to Section 65588. The
line 19 appropriate council of governments, or for cities and counties
line 20 without a council of governments, the department, shall adopt a
line 21 final regional housing need plan that allocates a share of the
line 22 regional housing need to each city, county, or city and county at
line 23 least one year prior to the scheduled revision for the region required
line 24 by Section 65588. The allocation plan prepared by a council of
line 25 governments shall be prepared pursuant to Sections 65584.04 and
line 26 65584.05.
line 27 (c) Notwithstanding any other provision of law, the due dates
line 28 for the determinations of the department or for the council of
line 29 governments, respectively, regarding the regional housing need
line 30 may be extended by the department by not more than 60 days if
line 31 the extension will enable access to more recent critical population
line 32 or housing data from a pending or recent release of the United
line 33 States Census Bureau or the Department of Finance. If the due
line 34 date for the determination of the department or the council of
line 35 governments is extended for this reason, the department shall
line 36 extend the corresponding housing element revision deadline
line 37 pursuant to Section 65588 by not more than 60 days.
line 38 (d) The regional housing needs allocation plan shall further all
line 39 of the following objectives:
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SB 12 — 29 — B-29
line 1 (1) Increasing the housing supply and the mix of housing types,
line 2 tenure, and affordability in all cities and counties within the region
line 3 in an equitable manner, which shall result in each jurisdiction
line 4 receiving an allocation of units for low- and very low income
line 5 households.
line 6 (2) Promoting infill development and socioeconomic equity,
line 7 the protection of environmental and agricultural resources, the
line 8 encouragement of efficient development patterns, and the
line 9 achievement of the region’s greenhouse gas reductions targets
line 10 provided by the State Air Resources Board pursuant to Section
line 11 65080.
line 12 (3) Promoting an improved intraregional relationship between
line 13 jobs and housing, including an improved balance between the
line 14 number of low-wage jobs and the number of housing units
line 15 affordable to low-wage workers in each jurisdiction.
line 16 (4) Allocating a lower proportion of housing need to an income
line 17 category when a jurisdiction already has a disproportionately high
line 18 share of households in that income category, as compared to the
line 19 countywide distribution of households in that category from the
line 20 most recent American Community Survey.
line 21 (5) Affirmatively furthering fair housing.
line 22 (6) Promoting resilient communities. Furthering this objective
line 23 shall include reducing development pressure within very high fire
line 24 risk areas. This paragraph shall apply only to the regional housing
line 25 needs allocation plan for the seventh and subsequent revisions of
line 26 the housing element.
line 27 (e) For purposes of this section, “affirmatively furthering fair
line 28 housing” means taking meaningful actions, in addition to
line 29 combating discrimination, that overcome patterns of segregation
line 30 and foster inclusive communities free from barriers that restrict
line 31 access to opportunity based on protected characteristics.
line 32 Specifically, affirmatively furthering fair housing means taking
line 33 meaningful actions that, taken together, address significant
line 34 disparities in housing needs and in access to opportunity, replacing
line 35 segregated living patterns with truly integrated and balanced living
line 36 patterns, transforming racially and ethnically concentrated areas
line 37 of poverty into areas of opportunity, and fostering and maintaining
line 38 compliance with civil rights and fair housing laws.
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line 1 (f) For purposes of this section, “household income levels” are
line 2 as determined by the department as of the most recent American
line 3 Community Survey pursuant to the following code sections:
line 4 (1) Very low incomes, as defined by Section 50105 of the Health
line 5 and Safety Code.
line 6 (2) Lower incomes, as defined by Section 50079.5 of the Health
line 7 and Safety Code.
line 8 (3) Moderate incomes, as defined by Section 50093 of the Health
line 9 and Safety Code.
line 10 (4) Above moderate incomes are those exceeding the
line 11 moderate-income level of Section 50093 of the Health and Safety
line 12 Code.
line 13 (g) Notwithstanding any other provision of law, determinations
line 14 made by the department, a council of governments, or a city or
line 15 county pursuant to this section or Section 65584.01, 65584.02,
line 16 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08
line 17 are exempt from the California Environmental Quality Act
line 18 (Division 13 (commencing with Section 21000) of the Public
line 19 Resources Code).
line 20 SEC. 9. Section 65584.04 of the Government Code is amended
line 21 to read:
line 22 65584.04. (a) At least two years prior to a scheduled revision
line 23 required by Section 65588, each council of governments, or
line 24 delegate subregion as applicable, shall develop, in consultation
line 25 with the department, a proposed methodology for distributing the
line 26 existing and projected regional housing need to cities, counties,
line 27 and cities and counties within the region or within the subregion,
line 28 where applicable pursuant to this section. The methodology shall
line 29 further the objectives listed in subdivision (d) of Section 65584.
line 30 (b) (1) No more than six months before the development of a
line 31 proposed methodology for distributing the existing and projected
line 32 housing need, each council of governments shall survey each of
line 33 its member jurisdictions to request, at a minimum, information
line 34 regarding the factors listed in subdivision (e) that will allow the
line 35 development of a methodology based upon the factors established
line 36 in subdivision (e).
line 37 (2) With respect to the objective in paragraph (5) of subdivision
line 38 (d) of Section 65584, the survey shall review and compile
line 39 information that will allow the development of a methodology
line 40 based upon the issues, strategies, and actions that are included, as
98
SB 12 — 31 — B-31
line 1 available, in an Analysis of Impediments to Fair Housing Choice
line 2 or an Assessment of Fair Housing completed by any city or county
line 3 or the department that covers communities within the area served
line 4 by the council of governments, and in housing elements adopted
line 5 pursuant to this article by cities and counties within the area served
line 6 by the council of governments.
line 7 (3) The council of governments shall seek to obtain the
line 8 information in a manner and format that is comparable throughout
line 9 the region and utilize readily available data to the extent possible.
line 10 (4) The information provided by a local government pursuant
line 11 to this section shall be used, to the extent possible, by the council
line 12 of governments, or delegate subregion as applicable, as source
line 13 information for the methodology developed pursuant to this section.
line 14 The survey shall state that none of the information received may
line 15 be used as a basis for reducing the total housing need established
line 16 for the region pursuant to Section 65584.01.
line 17 (5) If the council of governments fails to conduct a survey
line 18 pursuant to this subdivision, a city, county, or city and county may
line 19 submit information related to the items listed in subdivision (e)
line 20 before the public comment period provided for in subdivision (d).
line 21 (c) The council of governments shall electronically report the
line 22 results of the survey of fair housing issues, strategies, and actions
line 23 compiled pursuant to paragraph (2) of subdivision (b). The report
line 24 shall describe common themes and effective strategies employed
line 25 by cities and counties within the area served by the council of
line 26 governments, including common themes and effective strategies
line 27 around avoiding the displacement of lower income households.
line 28 The council of governments shall also identify significant barriers
line 29 to affirmatively furthering fair housing at the regional level and
line 30 may recommend strategies or actions to overcome those barriers.
line 31 A council of governments or metropolitan planning organization,
line 32 as appropriate, may use this information for any other purpose,
line 33 including publication within a regional transportation plan adopted
line 34 pursuant to Section 65080 or to inform the land use assumptions
line 35 that are applied in the development of a regional transportation
line 36 plan.
line 37 (d) Public participation and access shall be required in the
line 38 development of the methodology and in the process of drafting
line 39 and adoption of the allocation of the regional housing needs.
line 40 Participation by organizations other than local jurisdictions and
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— 32 — SB 12 B-32
line 1 councils of governments shall be solicited in a diligent effort to
line 2 achieve public participation of all economic segments of the
line 3 community as well as members of protected classes under Section
line 4 12955. The proposed methodology, along with any relevant
line 5 underlying data and assumptions, an explanation of how
line 6 information about local government conditions gathered pursuant
line 7 to subdivision (b) has been used to develop the proposed
line 8 methodology, how each of the factors listed in subdivision (e) is
line 9 incorporated into the methodology, and how the proposed
line 10 methodology furthers the objectives listed in subdivision (e) of
line 11 Section 65584, shall be distributed to all cities, counties, any
line 12 subregions, and members of the public who have made a written
line 13 or electronic request for the proposed methodology and published
line 14 on the council of governments’, or delegate subregion’s, internet
line 15 website. The council of governments, or delegate subregion, as
line 16 applicable, shall conduct at least one public hearing to receive oral
line 17 and written comments on the proposed methodology.
line 18 (e) To the extent that sufficient data is available from local
line 19 governments pursuant to subdivision (b) or other sources, each
line 20 council of governments, or delegate subregion as applicable, shall
line 21 include the following factors to develop the methodology that
line 22 allocates regional housing needs:
line 23 (1) Each member jurisdiction’s existing and projected jobs and
line 24 housing relationship. This shall include an estimate based on
line 25 readily available data on the number of low-wage jobs within the
line 26 jurisdiction and how many housing units within the jurisdiction
line 27 are affordable to low-wage workers as well as an estimate based
line 28 on readily available data, of projected job growth and projected
line 29 household growth by income level within each member jurisdiction
line 30 during the planning period.
line 31 (2) The opportunities and constraints to development of
line 32 additional housing in each member jurisdiction, including all of
line 33 the following:
line 34 (A) Lack of capacity for sewer or water service due to federal
line 35 or state laws, regulations or regulatory actions, or supply and
line 36 distribution decisions made by a sewer or water service provider
line 37 other than the local jurisdiction that preclude the jurisdiction from
line 38 providing necessary infrastructure for additional development
line 39 during the planning period.
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line 1 (B) The availability of land suitable for urban development or
line 2 for conversion to residential use, the availability of underutilized
line 3 land, and opportunities for infill development and increased
line 4 residential densities. The council of governments may not limit
line 5 its consideration of suitable housing sites or land suitable for urban
line 6 development to existing zoning ordinances and land use restrictions
line 7 of a locality, but shall consider the potential for increased
line 8 residential development under alternative zoning ordinances and
line 9 land use restrictions. The determination of available land suitable
line 10 for urban development may exclude lands where the Federal
line 11 Emergency Management Agency (FEMA) or the Department of
line 12 Water Resources has determined that the flood management
line 13 infrastructure designed to protect that land is not adequate to avoid
line 14 the risk of flooding.
line 15 (C) Lands preserved or protected from urban development under
line 16 existing federal or state programs, or both, designed to protect
line 17 open space, farmland, environmental habitats, and natural resources
line 18 on a long-term basis, including land zoned or designated for
line 19 agricultural protection or preservation that is subject to a local
line 20 ballot measure that was approved by the voters of that jurisdiction
line 21 that prohibits or restricts conversion to nonagricultural uses.
line 22 (D) County policies to preserve prime agricultural land, as
line 23 defined pursuant to Section 56064, within an unincorporated area
line 24 and land within an unincorporated area zoned or designated for
line 25 agricultural protection or preservation that is subject to a local
line 26 ballot measure that was approved by the voters of that jurisdiction
line 27 that prohibits or restricts its conversion to nonagricultural uses.
line 28 (3) The distribution of household growth assumed for purposes
line 29 of a comparable period of regional transportation plans and
line 30 opportunities to maximize the use of public transportation and
line 31 existing transportation infrastructure.
line 32 (4) Agreements between a county and cities in a county to direct
line 33 growth toward incorporated areas of the county and land within
line 34 an unincorporated area zoned or designated for agricultural
line 35 protection or preservation that is subject to a local ballot measure
line 36 that was approved by the voters of the jurisdiction that prohibits
line 37 or restricts conversion to nonagricultural uses.
line 38 (5) The loss of units contained in assisted housing developments,
line 39 as defined in paragraph (9) of subdivision (a) of Section 65583,
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— 34 — SB 12 B-34
line 1 that changed to non-low-income use through mortgage prepayment,
line 2 subsidy contract expirations, or termination of use restrictions.
line 3 (6) The percentage of existing households at each of the income
line 4 levels listed in subdivision (f) of Section 65584 that are paying
line 5 more than 30 percent and more than 50 percent of their income in
line 6 rent.
line 7 (7) The rate of overcrowding.
line 8 (8) The housing needs of farmworkers.
line 9 (9) The housing needs generated by the presence of a private
line 10 university or a campus of the California State University or the
line 11 University of California within any member jurisdiction.
line 12 (10) The housing needs of individuals and families experiencing
line 13 homelessness. If a council of governments has surveyed each of
line 14 its member jurisdictions pursuant to subdivision (b) on or before
line 15 January 1, 2020, this paragraph shall apply only to the development
line 16 of methodologies for the seventh and subsequent revisions of the
line 17 housing element.
line 18 (11) The loss of units during a state of emergency that was
line 19 declared by the Governor pursuant to the California Emergency
line 20 Services Act (Chapter 7 (commencing with Section 8550) of
line 21 Division 1 of Title 2), during the planning period immediately
line 22 preceding the relevant revision pursuant to Section 65588 that
line 23 have yet to be rebuilt or replaced at the time of the analysis.
line 24 (12) The region’s greenhouse gas emissions targets provided
line 25 by the State Air Resources Board pursuant to Section 65080.
line 26 (13) The amount of land in each member jurisdiction that is
line 27 within a very high fire risk area, by allocating a lower proportion
line 28 of housing to a jurisdiction if it is likely that the jurisdiction would
line 29 otherwise need to identify lands within a very high fire risk area
line 30 as adequate sites pursuant to Section 65583 in order to meet its
line 31 housing need allocation. In determining whether it is likely the
line 32 jurisdiction would otherwise need to identify lands within a very
line 33 high fire risk area as adequate sites pursuant to Section 65583 in
line 34 order to meet its housing need allocation, the council of
line 35 governments, or delegate subregion as applicable, shall consider
line 36 factors that include, but are not limited to, the following:
line 37 (A) (i) The percentage of land described in subparagraph (B)
line 38 of paragraph (2) within the jurisdiction that includes a very high
line 39 fire risk area.
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SB 12 — 35 — B-35
line 1 (ii) Whether suitable alternative sites exist outside the
line 2 jurisdiction, but within the region, to accommodate the remaining
line 3 regional housing need.
line 4 (B) Any determination by a council of governments, or delegate
line 5 subregions, as applicable, to establish, or not establish, a lower
line 6 allocation under this paragraph for a jurisdiction containing a very
line 7 high fire risk area shall be supported by a data-driven analysis
line 8 demonstrating that the reduced allocation is, or is not, appropriate,
line 9 including evidence-based consideration of the factors set forth in
line 10 clauses (i) and (ii) of subparagraph (A).
line 11 (C) This paragraph shall apply only to the development of
line 12 methodologies for the seventh and subsequent revisions of the
line 13 housing element.
line 14 (D) For the purposes of this paragraph, “very high fire risk area”
line 15 has the same meaning as defined in Section 65011.
line 16 (14) Any other factors adopted by the council of governments,
line 17 that further the objectives listed in subdivision (d) of Section
line 18 65584, provided that the council of governments specifies which
line 19 of the objectives each additional factor is necessary to further. The
line 20 council of governments may include additional factors unrelated
line 21 to furthering the objectives listed in subdivision (d) of Section
line 22 65584 so long as the additional factors do not undermine the
line 23 objectives listed in subdivision (d) of Section 65584 and are applied
line 24 equally across all household income levels as described in
line 25 subdivision (f) of Section 65584 and the council of governments
line 26 makes a finding that the factor is necessary to address significant
line 27 health and safety conditions.
line 28 (f) The council of governments, or delegate subregion, as
line 29 applicable, shall explain in writing how each of the factors
line 30 described in subdivision (e) was incorporated into the methodology
line 31 and how the methodology furthers the objectives listed in
line 32 subdivision (d) of Section 65584. The methodology may include
line 33 numerical weighting. This information, and any other supporting
line 34 materials used in determining the methodology, shall be posted
line 35 on the council of governments’, or delegate subregion’s, internet
line 36 website.
line 37 (g) The following criteria shall not be a justification for a
line 38 determination or a reduction in a jurisdiction’s share of the regional
line 39 housing need:
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line 1 (1) Any ordinance, policy, voter-approved measure, or standard
line 2 of a city or county that directly or indirectly limits the number of
line 3 residential building permits issued by a city or county.
line 4 (2) Prior underproduction of housing in a city or county from
line 5 the previous regional housing need allocation, as determined by
line 6 each jurisdiction’s annual production report submitted pursuant
line 7 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 8 65400.
line 9 (3) Stable population numbers in a city or county from the
line 10 previous regional housing needs cycle.
line 11 (h) Following the conclusion of the public comment period
line 12 described in subdivision (d) on the proposed allocation
line 13 methodology, and after making any revisions deemed appropriate
line 14 by the council of governments, or delegate subregion, as applicable,
line 15 as a result of comments received during the public comment period,
line 16 and as a result of consultation with the department, each council
line 17 of governments, or delegate subregion, as applicable, shall publish
line 18 a draft allocation methodology on its internet website and submit
line 19 the draft allocation methodology, along with the information
line 20 required pursuant to subdivision (e), to the department.
line 21 (i) Within 60 days, the department shall review the draft
line 22 allocation methodology and report its written findings to the
line 23 council of governments, or delegate subregion, as applicable. In
line 24 its written findings the department shall determine whether the
line 25 methodology furthers the objectives listed in subdivision (d) of
line 26 Section 65584. If the department determines that the methodology
line 27 is not consistent with subdivision (d) of Section 65584, the council
line 28 of governments, or delegate subregion, as applicable, shall take
line 29 one of the following actions:
line 30 (1) Revise the methodology to further the objectives listed in
line 31 subdivision (d) of Section 65584 and adopt a final regional, or
line 32 subregional, housing need allocation methodology.
line 33 (2) Adopt the regional, or subregional, housing need allocation
line 34 methodology without revisions and include within its resolution
line 35 of adoption findings, supported by substantial evidence, as to why
line 36 the council of governments, or delegate subregion, believes that
line 37 the methodology furthers the objectives listed in subdivision (d)
line 38 of Section 65584 despite the findings of the department.
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SB 12 — 37 — B-37
line 1 (j) If the department’s findings are not available within the time
line 2 limits set by subdivision (i), the council of governments, or delegate
line 3 subregion, may act without them.
line 4 (k) Upon either action pursuant to subdivision (i), the council
line 5 of governments, or delegate subregion, shall provide notice of the
line 6 adoption of the methodology to the jurisdictions within the region,
line 7 or delegate subregion, as applicable, and to the department, and
line 8 shall publish the adopted allocation methodology, along with its
line 9 resolution and any adopted written findings, on its internet website.
line 10 (l) The department may, within 90 days, review the adopted
line 11 methodology and report its findings to the council of governments,
line 12 or delegate subregion.
line 13 (m) (1) It is the intent of the Legislature that housing planning
line 14 be coordinated and integrated with the regional transportation plan.
line 15 To achieve this goal, the allocation plan shall allocate housing
line 16 units within the region consistent with the development pattern
line 17 included in the sustainable communities strategy.
line 18 (2) The final allocation plan shall ensure that the total regional
line 19 housing need, by income category, as determined under Section
line 20 65584, is maintained, and that each jurisdiction in the region
line 21 receive an allocation of units for low- and very low income
line 22 households.
line 23 (3) The resolution approving the final housing need allocation
line 24 plan shall demonstrate that the plan is consistent with the
line 25 sustainable communities strategy in the regional transportation
line 26 plan and furthers the objectives listed in subdivision (d) of Section
line 27 65584.
line 28 SEC. 10. Section 65584.06 of the Government Code is amended
line 29 to read:
line 30 65584.06. (a) For cities and counties without a council of
line 31 governments, the department shall determine and distribute the
line 32 existing and projected housing need, in accordance with Section
line 33 65584 and this section. If the department determines that a county
line 34 or counties, supported by a resolution adopted by the board or
line 35 boards of supervisors, and a majority of cities within the county
line 36 or counties representing a majority of the population of the county
line 37 or counties, possess the capability and resources and has agreed
line 38 to accept the responsibility, with respect to its jurisdiction, for the
line 39 distribution of the regional housing need, the department shall
line 40 delegate this responsibility to the cities and county or counties.
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line 1 (b) The distribution of regional housing need shall, based upon
line 2 available data and in consultation with the cities and counties, take
line 3 into consideration market demand for housing, the distribution of
line 4 household growth within the county assumed in the regional
line 5 transportation plan where applicable, employment opportunities
line 6 and commuting patterns, the availability of suitable sites and public
line 7 facilities, the needs of individuals and families experiencing
line 8 homelessness, agreements between a county and cities in a county
line 9 to direct growth toward incorporated areas of the county, or other
line 10 considerations as may be requested by the affected cities or
line 11 counties and agreed to by the department. As part of the allocation
line 12 of the regional housing need, the department shall provide each
line 13 city and county with data describing the assumptions and
line 14 methodology used in calculating its share of the regional housing
line 15 need. Consideration of suitable housing sites or land suitable for
line 16 urban development is not limited to existing zoning ordinances
line 17 and land use restrictions of a locality, but shall include
line 18 consideration of the potential for increased residential development
line 19 under alternative zoning ordinances and land use restrictions. The
line 20 determination of available land suitable for urban development
line 21 may exclude lands where the Federal Emergency Management
line 22 Agency (FEMA) or the Department of Water Resources has
line 23 determined that the flood management infrastructure designed to
line 24 protect that land is not adequate to avoid the risk of flooding.
line 25 (c) (1) The distribution of regional housing need pursuant to
line 26 this section shall also take into consideration the amount of land
line 27 in each city and each county that is within a very high fire risk
line 28 area, by allocating a lower proportion of housing to a jurisdiction
line 29 if it is likely that the jurisdiction would otherwise need to identify
line 30 lands within a very high fire risk area as adequate sites pursuant
line 31 to Section 65583 in order to meet its housing need allocation. In
line 32 determining whether it is likely the jurisdiction would otherwise
line 33 need to identify lands within a very high fire risk area as adequate
line 34 sites pursuant to Section 65583 in order to meet its housing need
line 35 allocation, the department shall consider factors that include, but
line 36 are not limited to, the following:
line 37 (A) The percentage of land described in subparagraph (B) of
line 38 paragraph (2) of subdivision (e) of Section 65584.04 within the
line 39 jurisdiction that includes a very high fire risk area.
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SB 12 — 39 — B-39
line 1 (B) Whether suitable alternative sites exist outside the
line 2 jurisdiction, but within the region, to accommodate the remaining
line 3 regional housing need.
line 4 (2) Any determination to establish, or not establish, a lower
line 5 allocation under this paragraph for a jurisdiction containing a very
line 6 high fire risk area shall be supported by a data-driven analysis
line 7 demonstrating that the reduced allocation is, or is not, appropriate,
line 8 including evidence-based consideration of the factors set forth in
line 9 paragraph (1).
line 10 (3) This paragraph shall apply only to the development of
line 11 methodologies for the seventh and subsequent revisions of the
line 12 housing element.
line 13 (d) Within 90 days following the department’s determination
line 14 of a draft distribution of the regional housing need to the cities and
line 15 the county, a city or county may propose to revise the determination
line 16 of its share of the regional housing need in accordance with criteria
line 17 set forth in the draft distribution. The proposed revised share shall
line 18 be based upon comparable data available for all affected
line 19 jurisdictions, and accepted planning methodology, and shall be
line 20 supported by adequate documentation.
line 21 (e) (1) Within 60 days after the end of the 90-day time period
line 22 for the revision by the cities or county, the department shall accept
line 23 the proposed revision, modify its earlier determination, or indicate
line 24 why the proposed revision is inconsistent with the regional housing
line 25 need.
line 26 (2) If the department does not accept the proposed revision,
line 27 then, within 30 days, the city or county may request a public
line 28 hearing to review the determination.
line 29 (3) The city or county shall be notified within 30 days by
line 30 certified mail, return receipt requested, of at least one public
line 31 hearing regarding the determination.
line 32 (4) The date of the hearing shall be at least 10 but not more than
line 33 15 days from the date of the notification.
line 34 (5) Before making its final determination, the department shall
line 35 consider all comments received and shall include a written response
line 36 to each request for revision received from a city or county.
line 37 (f) If the department accepts the proposed revision or modifies
line 38 its earlier determination, the city or county shall use that share. If
line 39 the department grants a revised allocation pursuant to subdivision
line 40 (d), the department shall ensure that the total regional housing
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— 40 — SB 12 B-40
line 1 need is maintained. The department’s final determination shall be
line 2 in writing and shall include information explaining how its action
line 3 is consistent with this section. If the department indicates that the
line 4 proposed revision is inconsistent with the regional housing need,
line 5 the city or county shall use the share that was originally determined
line 6 by the department. The department, within its final determination,
line 7 may adjust the allocation of a city or county that was not the subject
line 8 of a request for revision of the draft distribution.
line 9 (g) The department shall issue a final regional housing need
line 10 allocation for all cities and counties within 45 days of the
line 11 completion of the local review period.
line 12 (h) Statutory changes enacted after the date the department
line 13 issued a final determination pursuant to this section shall not be a
line 14 basis for a revision of the final determination.
line 15 (i) For purposes of this section, “very high fire risk area” has
line 16 the same meaning as defined in Section 65011.
line 17 SEC. 11. Section 65860.2 is added to the Government Code,
line 18 to read:
line 19 65860.2. (a) Not more than 12 months following the
line 20 amendment of the land use element of a city’s or county’s general
line 21 plan pursuant to Section 65302.11, each city or county that contains
line 22 a very high fire risk area, as defined in Section 65011, shall adopt
line 23 a very high fire risk overlay zone or otherwise amend its zoning
line 24 ordinance so that it is consistent with the general plan, as amended.
line 25 (b) Notwithstanding any other law, the minimum requirements
line 26 set forth in this section shall apply to all cities, including charter
line 27 cities, and counties that contain a very high fire risk area. The
line 28 Legislature finds and declares that establishment of minimum
line 29 requirements for wildfire protection in very high fire risk areas is
line 30 a matter of statewide concern and not a municipal affair as that
line 31 term is used in Section 5 of Article XI of the California
line 32 Constitution. Except as expressly stated, it is not the intent of the
line 33 Legislature to limit the ordinances, rules, or regulations that a city
line 34 or county may otherwise adopt and enforce beyond the minimum
line 35 requirements outlined in this section.
line 36 SEC. 12. Section 65865.6 is added to the Government Code,
line 37 to read:
line 38 65865.6. (a) Notwithstanding any other law and subject to
line 39 subdivision (b), after the amendments to the land use element of
line 40 the city’s or county’s general plan and zoning ordinances required
98
SB 12 — 41 — B-41
line 1 by Sections 65302.11 and 65860.2 have become effective, the
line 2 legislative body of a city or county that contains a very high fire
line 3 risk area, as defined in Section 65011, shall not enter into a
line 4 development agreement for property that is located within such a
line 5 very high fire risk area unless the city or county finds, based on
line 6 substantial evidence in the record that the project and all structures
line 7 within the project are protected from wildfire risk in accordance
line 8 with the wildfire risk reduction standards in effect at the time that
line 9 the development agreement is entered into, or wildfire protection
line 10 standards adopted by the city or county that meet or exceed the
line 11 wildfire risk reduction standards in effect at the time that the
line 12 development agreement is entered into.
line 13 (b) Subdivision (a) shall apply only to a development agreement
line 14 entered into on or after the date upon which the statutes of
line 15 limitation specified in subdivision (c) of Section 65009 have run
line 16 with respect to the amendments to a city’s or county’s general plan
line 17 and zoning ordinances required by Sections 65302.11 and 65860.2
line 18 or, if the amendments and any associated environmental documents
line 19 are challenged in court, the validity of the amendments and any
line 20 associated environmental documents has been upheld in a final
line 21 decision.
line 22 (c) For purposes of this section, “wildfire risk reduction
line 23 standards” means the wildfire risk reduction standards set forth in
line 24 Section 65012 that are adopted pursuant to Section 65013 or
line 25 implemented by the city or county pursuant to subparagraph (B)
line 26 or (C) of paragraph (1) or subparagraph (B), (C), or (D) of
line 27 paragraph (2) of subdivision (a) of Section 65012.
line 28 (d) This section shall not be interpreted to change or diminish
line 29 the requirements of any other law or ordinance relating to fire
line 30 protection. In the event of conflict among the wildfire risk
line 31 reduction standards, or between the wildfire risk reduction
line 32 standards and the requirements of any other law relating to fire
line 33 protection, such conflicts shall be resolved in a manner which on
line 34 balance is most protective against potential loss from wildfire
line 35 exposure. Nothing in this section shall be construed to limit the
line 36 existing authority of a city or county under any other law from
line 37 adopting ordinances, rules, or regulations beyond the minimum
line 38 requirements outlined in this section.
line 39 (e) For purposes of this section, “very high fire risk area” has
line 40 the same meaning as defined in Section 65011.
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line 1 SEC. 13. Section 65962.3 is added to the Government Code,
line 2 to read:
line 3 65962.3. (a) Notwithstanding any other law, and subject to
line 4 subdivision (b), after the amendments to the land use element of
line 5 the city’s or county’s general plan and zoning ordinances required
line 6 by Sections 65302.11 and 65860.2 have become effective, a city
line 7 or county that contains a very high fire risk area, as defined in
line 8 Section 65011, shall not approve a discretionary permit or other
line 9 discretionary entitlement that would result in the construction of
line 10 a new building or construction that would result in an increase in
line 11 allowed occupancy for an existing building, or a ministerial permit
line 12 that would result in the construction of a new residence, for a
line 13 project that is located within such a very high fire risk area unless
line 14 the city or county finds, based on substantial evidence in the record
line 15 that the project and all structures within the project are protected
line 16 from wildfire risk in accordance with the wildfire risk reduction
line 17 standards defined in Section 65012, or wildfire protection standards
line 18 in effect at the time the application for the permit or entitlement
line 19 is deemed complete, adopted by the city or county that meet or
line 20 exceed the wildfire risk reduction standards in effect at the time
line 21 the application for the permit or entitlement is deemed complete.
line 22 Approval of a final map or parcel map that conforms to a
line 23 previously approved tentative map pursuant to Section 66458 shall
line 24 not constitute approval of a ministerial permit for purposes of this
line 25 section.
line 26 (b) Subdivision (a) shall only apply to a discretionary permit,
line 27 discretionary entitlement, or ministerial permit issued on or after
line 28 the date upon which the statutes of limitation specified in
line 29 subdivision (c) of Section 65009 have run with respect to the
line 30 amendments to a city’s or a county’s general plan and zoning
line 31 ordinances required by Sections 65302.11 and 65860.2 or, if the
line 32 amendments and any associated environmental documents are
line 33 challenged in court, the validity of the amendments and any
line 34 associated environmental documents has been upheld in a final
line 35 decision.
line 36 (c) This section shall not be interpreted to waive or reduce a
line 37 city or county’s obligation pursuant to Section 65863 to ensure
line 38 that its housing element inventory accommodates, at all times
line 39 throughout the housing element planning period, its remaining
line 40 share of its regional housing need.
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SB 12 — 43 — B-43
line 1 (d) This section shall not be interpreted to change or diminish
line 2 the requirements of any other law or ordinance relating to fire
line 3 protection. In the event of conflict among the wildfire risk
line 4 reduction standards, or between the wildfire risk reduction
line 5 standards and the requirements of any other law relating to fire
line 6 protection, such conflicts shall be resolved in a manner which on
line 7 balance is most protective against potential loss from wildfire
line 8 exposure. Nothing in this section shall be construed to limit the
line 9 existing authority of a city or county under any other law from
line 10 adopting ordinances, rules, or regulations beyond the minimum
line 11 requirements outlined in this section.
line 12 (e) For purposes of this section, “wildfire risk reduction
line 13 standards” means those wildfire risk reduction standards set forth
line 14 in Section 65012 that are adopted pursuant to Section 65013 or
line 15 implemented by the city or county pursuant to subparagraph (B)
line 16 or (C) of paragraph (1) of or subparagraph (B), (C), or (D) of
line 17 paragraph (2) of subdivision (a) of Section 65012.
line 18 (f) For purposes of this section, “very high fire risk area” has
line 19 the same meaning as defined in Section 65011.
line 20 SEC. 14. Section 66474.03 is added to the Government Code,
line 21 to read:
line 22 66474.03. (a) Notwithstanding any other law and subject to
line 23 subdivision (b), after the amendments to the land use element of
line 24 the city’s or county’s general plan and zoning ordinances required
line 25 by Sections 65302.11 and 65860.2 have become effective, each
line 26 city and each county that contains a very high fire risk area, as
line 27 defined in Section 65011, shall deny approval of a tentative map,
line 28 or a parcel map for which a tentative map was not required, for a
line 29 subdivision that is located within such a very high fire risk area
line 30 unless, in addition to any findings required under Section 66474.02,
line 31 the city or county finds, based on substantial evidence in the record
line 32 that the project and all structures within the project are protected
line 33 from wildfire risk in accordance with the wildfire risk reduction
line 34 standards in effect at the time the application for the tentative map
line 35 or parcel map is deemed complete, or wildfire protection standards
line 36 adopted by the city or county that meet or exceed the wildfire risk
line 37 reduction standards in effect at the time the application for the
line 38 tentative map or parcel map is deemed complete.
line 39 (b) Subdivision (a) shall only apply to an approval of a tentative
line 40 map, or a parcel map for which a tentative map was not required,
98
— 44 — SB 12 B-44
line 1 on or after the date upon which the statutes of limitation specified
line 2 in subdivision (c) of Section 65009 have run with respect to the
line 3 amendments to the land use element of the city’s or county’s
line 4 general plan and zoning ordinances required by Sections 65302.11
line 5 and 65860.2 or, if the amendments and any associated
line 6 environmental documents are challenged in court, the validity of
line 7 the amendments and any associated environmental documents has
line 8 been upheld in a final decision.
line 9 (c) For purposes of this section, “wildfire risk reduction
line 10 standards” means those wildfire risk reduction standards set forth
line 11 in Section 65012 that are adopted pursuant to Section 65013 or
line 12 implemented by the city or county pursuant to subparagraph (B)
line 13 or (C) of paragraph (1) or subparagraph (B), (C), or (D) of
line 14 paragraph (2) of subdivision (a) of Section 65012.
line 15 (d) This section shall not be interpreted to change or diminish
line 16 the requirements of any other law or ordinance relating to fire
line 17 protection. In the event of conflict among the wildfire risk
line 18 reduction standards, or between the wildfire risk reduction
line 19 standards and the requirements of any other law relating to fire
line 20 protection, such conflicts shall be resolved in a manner which on
line 21 balance is most protective against potential loss from wildfire
line 22 exposure. Nothing in this section shall be construed to limit the
line 23 existing authority of a city or county under any other law from
line 24 adopting ordinances, rules, or regulations beyond the minimum
line 25 requirements outlined in this section.
line 26 SEC. 15. Section 13132.7 of the Health and Safety Code is
line 27 amended to read:
line 28 13132.7. (a) Within a very high fire hazard severity zone
line 29 designated by the Director of Forestry and Fire Protection pursuant
line 30 to Article 9 (commencing with Section 4201) of Chapter 1 of Part
line 31 2 of Division 4 of the Public Resources Code and within a very
line 32 high fire hazard severity zone designated by a local agency
line 33 pursuant to Chapter 6.8 (commencing with Section 51175) of Part
line 34 1 of Division 1 of Title 5 of the Government Code, the entire roof
line 35 covering of every existing structure where more than 50 percent
line 36 of the total roof area is replaced within any one-year period, every
line 37 new structure, and any roof covering applied in the alteration,
line 38 repair, or replacement of the roof of every existing structure, shall
line 39 be a fire retardant roof covering that is at least class B as defined
98
SB 12 — 45 — B-45
line 1 in the Uniform Building Code, as adopted and amended by the
line 2 State Building Standards Commission.
line 3 (b) In all other areas, the entire roof covering of every existing
line 4 structure where more than 50 percent of the total roof area is
line 5 replaced within any one-year period, every new structure, and any
line 6 roof covering applied in the alteration, repair, or replacement of
line 7 the roof of every existing structure, shall be a fire retardant roof
line 8 covering that is at least class C as defined in the Uniform Building
line 9 Code, as adopted and amended by the State Building Standards
line 10 Commission.
line 11 (c) Notwithstanding subdivision (b), within state responsibility
line 12 areas classified by the State Board of Forestry and Fire Protection
line 13 pursuant to Article 3 (commencing with Section 4125) of Chapter
line 14 1 of Part 2 of Division 4 of the Public Resources Code, except for
line 15 those state responsibility areas designated as moderate fire hazard
line 16 responsibility zones, the entire roof covering of every existing
line 17 structure where more than 50 percent of the total roof area is
line 18 replaced within any one-year period, every new structure, and any
line 19 roof covering applied in the alteration, repair, or replacement of
line 20 the roof of every existing structure, shall be a fire retardant roof
line 21 covering that is at least class B as defined in the Uniform Building
line 22 Code, as adopted and amended by the State Building Standards
line 23 Commission.
line 24 (d) (1) Notwithstanding subdivision (a), (b), or (c), within very
line 25 high fire hazard severity zones designated by the Director of
line 26 Forestry and Fire Protection pursuant to Article 9 (commencing
line 27 with Section 4201) of Chapter 1 of Part 2 of Division 4 of the
line 28 Public Resources Code or by a local agency pursuant to Chapter
line 29 6.8 (commencing with Section 51175) of Part 1 of Division 1 of
line 30 Title 5 of the Government Code, the entire roof covering of every
line 31 existing structure where more than 50 percent of the total roof area
line 32 is replaced within any one-year period, every new structure, and
line 33 any roof covering applied in the alteration, repair, or replacement
line 34 of the roof of every existing structure, shall be a fire retardant roof
line 35 covering that is at least class A as defined in the Uniform Building
line 36 Code, as adopted and amended by the State Building Standards
line 37 Commission.
line 38 (2) Paragraph (1) does not apply to any jurisdiction containing
line 39 a very high fire hazard severity zone if the jurisdiction fulfills both
line 40 of the following requirements:
98
— 46 — SB 12 B-46
line 1 (A) Adopts the model ordinance approved by the State Fire
line 2 Marshal pursuant to Section 51189 of the Government Code or an
line 3 ordinance that substantially conforms to the model ordinance of
line 4 the State Fire Marshal.
line 5 (B) Transmits, upon adoption, a copy of the ordinance to the
line 6 State Fire Marshal.
line 7 (e) The State Building Standards Commission shall incorporate
line 8 the requirements set forth in subdivisions (a), (b), and (c) by
line 9 publishing them as an amendment to the California Building
line 10 Standards Code in accordance with Chapter 4 (commencing with
line 11 Section 18935) of Part 2.5 of Division 13.
line 12 (f) Nothing in this section shall limit the authority of a city,
line 13 county, city and county, or fire protection district in establishing
line 14 more restrictive requirements, in accordance with current law, than
line 15 those specified in this section.
line 16 (g) This section shall not affect the validity of an ordinance,
line 17 adopted prior to the effective date for the relevant roofing standard
line 18 specified in subdivisions (a) and (b), by a city, county, city and
line 19 county, or fire protection district, unless the ordinance mandates
line 20 a standard that is less stringent than the standards set forth in
line 21 subdivision (a), in which case the ordinance shall not be valid on
line 22 or after the effective date for the relevant roofing standard specified
line 23 in subdivisions (a) and (b).
line 24 (h) Any qualified historical building or structure as defined in
line 25 Section 18955 may, on a case-by-case basis, utilize alternative
line 26 roof constructions as provided by the State Historical Building
line 27 Code.
line 28 (i) The installer of the roof covering shall provide certification
line 29 of the roof covering classification, as provided by the manufacturer
line 30 or supplier, to the building owner and, when requested, to the
line 31 agency responsible for enforcement of this part. The installer shall
line 32 also install the roof covering in accordance with the manufacturer’s
line 33 listing.
line 34 (j) No wood roof covering materials shall be sold or applied in
line 35 this state unless both of the following conditions are met:
line 36 (1) The materials have been approved and listed by the State
line 37 Fire Marshal as complying with the requirements of this section.
line 38 (2) The materials have passed at least 5 years of the 10-year
line 39 natural weathering test. The 10-year natural weathering test
line 40 required by this subdivision shall be conducted in accordance with
98
SB 12 — 47 — B-47
line 1 standard 15-2 of the 1994 edition of the Uniform Building Code
line 2 at a testing facility recognized by the State Fire Marshal.
line 3 (k) The Insurance Commissioner shall accept the use of fire
line 4 retardant wood roof covering material that complies with the
line 5 requirements of this section, used in the partial repair or
line 6 replacement of nonfire retardant wood roof covering material, as
line 7 complying with the requirement in Section 2695.9 of Title 10 of
line 8 the California Code of Regulations relative to matching
line 9 replacement items in quality, color, and size.
line 10 (l) No common interest development, as defined in Section 4100
line 11 or 6534 of the Civil Code, may require an owner to install or repair
line 12 a roof in a manner that is in violation of this section. The governing
line 13 documents, as defined in Section 4150 or 6552 of the Civil Code,
line 14 of a common interest development within a very high fire severity
line 15 zone shall allow for at least one type of fire retardant roof covering
line 16 material that meets the requirements of this section and that is, at
line 17 a minimum, class B, as defined in the International Building Code.
line 18 SEC. 16. Section 4123.6 is added to the Public Resources Code,
line 19 to read:
line 20 4123.6. (a) For purposes of this section:
line 21 (1) “Department” means the Department of Forestry and Fire
line 22 Protection.
line 23 (2) “Program” means the Wildfire Risk Reduction Planning
line 24 Support Grants Program established by this section.
line 25 (3) “Small jurisdiction” means either of the following:
line 26 (A) A county that had a population of less than 250,000 as of
line 27 January 1, 2019.
line 28 (B) A city located within a county described in subparagraph
line 29 (A) that contains a very high fire risk area.
line 30 (b) (1) The Wildfire Risk Reduction Planning Support Grants
line 31 Program is hereby established for the purpose of providing small
line 32 jurisdictions that contain very high fire risk areas with grants for
line 33 planning activities to enable those jurisdictions to meet the
line 34 requirements set forth in the act adding this section.
line 35 (2) Upon appropriation by the Legislature for purposes of this
line 36 section, the department shall distribute grant funds under the
line 37 program, in accordance with subdivision (e).
line 38 (c) The department shall administer the program and, consistent
line 39 with the requirements of this section, provide grants to jurisdictions
line 40 for the purposes described in paragraph (1) of subdivision (b).
98
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line 1 (d) A small jurisdiction that receives an allocation of grant funds
line 2 pursuant to this section shall use that allocation solely for wildfire
line 3 risk reduction planning activities, including, but not limited to,
line 4 one or more of the following:
line 5 (1) Updating planning documents and zoning ordinances,
line 6 including general plans, community plans, specific plans, local
line 7 hazard mitigation plans, community wildfire protection plans,
line 8 climate adaptation plans, and local coastal programs to implement
line 9 Sections 65302.11 and 65860.2 of the Government Code.
line 10 (2) Developing and adopting a comprehensive retrofit strategy
line 11 in accordance with paragraph (6) of subdivision (g) of Section
line 12 65302 of the Government Code.
line 13 (3) Reviewing and updating the local designation of lands within
line 14 the jurisdiction as very high fire hazard severity zones pursuant to
line 15 subdivision (b) of Section 51179 of the Government Code.
line 16 (4) Implementing the wildfire risk reduction standards set forth
line 17 in Sections 65012 and 65013 of the Government Code or local
line 18 wildfire protection standards that meet or exceed those wildfire
line 19 risk reduction standards, including development and adoption of
line 20 any appropriate local ordinances, rules, or regulations.
line 21 (5) Establishing and initial funding of an enforcement program
line 22 in accordance with subparagraph (C) of paragraph (1) of
line 23 subdivision (a) of Section 65012 of the Government Code.
line 24 (6) Performing infrastructure planning, including for access
line 25 roads, water supplies providing fire protection, or other public
line 26 facilities necessary to support the wildfire risk reduction standards
line 27 set forth in Sections 65012 and 65013 of the Government Code.
line 28 (7) Partnering with other local entities to implement wildfire
line 29 risk reduction.
line 30 (8) Updating local planning processes to otherwise support
line 31 wildfire risk reduction.
line 32 (9) Completing any environmental review associated with the
line 33 activities described in paragraphs (1) to (8), inclusive.
line 34 (10) Covering the costs of temporary staffing or consulting
line 35 needs associated with the activities described in paragraphs (1) to
line 36 (9), inclusive.
line 37 (e) (1) The amount described in paragraph (2) of subdivision
line 38 (b) shall be allocated in each year for which funding is made
line 39 available for the program to small jurisdictions in accordance with
line 40 this subdivision.
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SB 12 — 49 — B-49
line 1 (2) The department shall administer a noncompetitive,
line 2 over-the-counter application process for grants funded by the
line 3 allocation specified in paragraph (1) for wildfire risk reduction
line 4 planning activities, as described in subdivision (d), for small
line 5 jurisdictions.
line 6 (3) The department shall award no more than three hundred
line 7 fifty thousand dollars ($350,000), and no less than two hundred
line 8 fifty thousand dollars ($250,000), to a qualifying small jurisdiction.
line 9 (4) Any qualifying small jurisdiction may submit an application
line 10 for funding, in the form and manner prescribed by the department,
line 11 in order to receive an allocation of funds pursuant to this
line 12 subdivision. An application submitted pursuant to this paragraph
line 13 shall include a description of the proposed uses of funds, in
line 14 accordance with subdivision (d). The department shall verify
line 15 whether each funding request meets the minimum criteria
line 16 established by this subdivision and make awards on a continuous
line 17 basis based on those criteria.
line 18 (f) Of any amount appropriated for purposes of this section, up
line 19 to 5 percent of those funds may be set aside for program
line 20 administration by the department.
line 21 (g) For purposes of this section, “very high fire risk area” has
line 22 the same meaning as defined in Section 65011.
line 23 SEC. 17. Section 4290 of the Public Resources Code is
line 24 amended to read:
line 25 4290. (a) The board shall adopt regulations implementing
line 26 minimum fire safety standards related to defensible space that are
line 27 applicable to state responsibility area lands under the authority of
line 28 the department, and to lands classified and designated as very high
line 29 fire hazard severity zones, as defined in subdivision (i) of Section
line 30 51177 of the Government Code. These regulations apply to the
line 31 perimeters and access from the perimeters to all residential,
line 32 commercial, and industrial building construction within state
line 33 responsibility areas approved after January 1, 1991, and within
line 34 lands classified and designated as very high fire hazard severity
line 35 zones, as defined in subdivision (i) of Section 51177 of the
line 36 Government Code after July 1, 2021. The regulations shall conform
line 37 as nearly as practicable with the regulations adopted by the State
line 38 Fire Marshal pursuant to Section 65013. The board may not adopt
line 39 building standards, as defined in Section 18909 of the Health and
line 40 Safety Code, under the authority of this section. As an integral
98
— 50 — SB 12 B-50
line 1 part of fire safety standards, the State Fire Marshal has the authority
line 2 to adopt regulations for roof coverings and openings into the attic
line 3 areas of buildings specified in Section 13108.5 of the Health and
line 4 Safety Code. The regulations apply to the placement of mobile
line 5 homes as defined by National Fire Protection Association
line 6 standards. These regulations do not apply where an application
line 7 for a building permit was filed prior to January 1, 1991, or to parcel
line 8 or tentative maps or other developments approved prior to January
line 9 1, 1991, if the final map for the tentative map is approved within
line 10 the time prescribed by the local ordinance. The regulations shall
line 11 include all of the following:
line 12 (1) Road standards for fire equipment access.
line 13 (2) Standards for signs identifying streets, roads, and buildings.
line 14 (3) Minimum private water supply reserves for emergency fire
line 15 use.
line 16 (4) Fuel breaks and greenbelts.
line 17 (b) The board shall, on and after July 1, 2021, periodically
line 18 update regulations for fuel breaks and greenbelts near communities
line 19 to provide greater fire safety for the perimeters to all residential,
line 20 commercial, and industrial building construction within state
line 21 responsibility areas and lands classified and designated as very
line 22 high fire hazard severity zones, as defined in subdivision (i) of
line 23 Section 51177 of the Government Code, after July 1, 2021. These
line 24 regulations shall include measures to preserve undeveloped
line 25 ridgelines to reduce fire risk and improve fire protection. The board
line 26 shall, by regulation, define “ridgeline” for purposes of this
line 27 subdivision.
line 28 (c) These regulations do not supersede local regulations which
line 29 equal or exceed minimum regulations adopted by the state.
line 30 (d) The board may enter into contracts with technical experts
line 31 to meet the requirements of this section.
line 32 SEC. 18. No reimbursement is required by this act pursuant
line 33 to Section 6 of Article XIIIB of the California Constitution because
line 34 a local agency or school district has the authority to levy service
line 35 charges, fees, or assessments sufficient to pay for the program or
line 36 level of service mandated by this act, within the meaning of Section
line 37 17556 of the Government Code.
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SB 12 — 51 — B-51
line 1
line 2 CORRECTIONS:
line 3 Heading—Line 1.
line 4
O
98
— 52 — SB 12 B-52
July 6, 2021 Via Email
The Honorable Henry Stern
California State Senate
State Capitol, Rm. 5080
Sacramento, CA 95814
The Honorable Ben Allen
California State Senate
State Capitol, Room 4076
Sacramento, CA 95814
SUBJECT: Notice of Opposition to SB 55
Dear Senators Stern and Allen:
The City of Rancho Palos Verdes strongly opposes SB 55, which would prohibit new
development in a very high fire hazard severity zone (VHFHSZ) or a state responsibility
area (SRA) unless a local agency can demonstrate that it has implemented a
comprehensive, necessary, and appropriate wildfire prevention and community
hardening strategy to mitigate significant risk of loss.
Recent wildfires in California have been increasingly catastrophic, with the most
destructive and deadly wildfires outpacing the previous year’s statistics. The increased
loss of life and structural damage has intensified the focus on fire -safe policies, including
mitigating risk in existing communities and reconsidering housing development in
fireprone areas of the state. California, on the other hand, continues to face a housing
shortage, particularly affordable housing for low - and very-low income families. These
seemingly incompatible challenges, namely a lack of affordable housing and further
dwindling available development land, necessitate a comprehensive, equitable, and
reasonable policy solution. Unfortunately, SB 55 not only fails to strike this balance, but
also enacts restrictive and redundant policies with far-reaching consequences for
residents throughout the state.
SB 55, as currently written, effectively eliminates local governments' decision-making
authority over residential and commercial construction, by imposing a state-mandated
local program. Furthermore, the bill fails to recognize that new development in California
C-1
FRIC 1\I FGRIA. MAYOR
01\VID 0. t:31\/\DLE:.Y. M1\YOI\ 1-'l\0 I E:.M
JOHN Ci\Ull<SH!\NI<, COUNCILME:.Ml::lc.l\
l(EN flYnA, COLJNCIL MEMBER
BARBARA. FERRARO. COlJNCILMEMBER
Senator Henry Stern and Senator Ben Allen
July 6, 2021
Page 2
is already subjected to adhere to regulatory requirements requiring the hardening of
structures located in high-risk fire zones. The City has a strong history of applying
development standards precisely to mitigate many of the fire and life safety hazards this
legislation purports to address.
The City of Rancho Palos Verdes is located almost entirely within a VHFH SZ. While we
appreciate the Legislature's intent to protect Californians, the City of Rancho Palos
Verdes believes that local jurisdictions, with regional collaboration, are the experts in their
local communties regarding fire safety and mitigation. While the City supports the
protection of wildlife, we oppose efforts that preempt local control authority and remove
decision-making authority to apply a one-size-fits-all application to the entire state. For
this reason, the City of Rancho Palos Verdes opposes SB 55.
Sincerely,
Eric Alegria
Mayor
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
C-2
AMENDED IN SENATE APRIL 5, 2021
SENATE BILL No. 55
Introduced by Senators Stern and Allen
December 7, 2020
An act to amend Section 65915 of, and to add Section 51182.5 to to,
the Government Code, relating to land use.
legislative counsel’s digest
SB 55, as amended, Stern. Very high fire hazard severity zone: state
responsibility area: development prohibition. prohibition: supplemental
height and density bonuses.
Existing law requires the Director of Forestry and Fire Protection to
identify areas of the state as very high fire hazard severity zones based
on specified criteria. Existing law requires a local agency to designate,
by ordinance, very high hazard severity zones in its jurisdiction within
120 days of receiving recommendations from the director. Existing law
authorizes a local agency to include areas within its jurisdiction not
identified as very high fire hazard severity zones by the director as very
high fire hazard severity zones following a specified finding supported
by substantial evidence.
Existing law requires the State Board of Forestry and Fire Protection
to determine, based on specified criteria, whether an area of the state
is one for which the financial responsibility of preventing and
suppressing fires is primarily the responsibility of the state. Existing
law refers to these areas as “state responsibility areas.”
This bill would, in furtherance of specified state housing production
production, sustainability communities strategies, greenhouse gas
reduction, and wildfire mitigation goals, prohibit the creation or approval
of a new development, as defined, in a very high fire hazard severity
98 D-1
zone or a state responsibility area. area unless there is substantial
evidence that the local agency has adopted a comprehensive, necessary,
and appropriate wildfire prevention and community hardening strategy
to mitigate significant risks of loss, injury, or death, as specified. By
imposing new duties on local governments with respect to the approval
of new developments in very high fire hazard severity zones and state
responsibility areas, this bill would impose a state-mandated local
program.
Existing law, known as the Density Bonus Law, requires a city or
county to provide a developer that proposes a housing development in
the city or county with a density bonus and other incentives or
concessions for the production of lower income housing units, or for
the donation of land within the development, if the developer agrees
to, among other things, construct a specified percentage of units for
very low income, low-income, or moderate-income households or
qualifying residents.
This bill would provide a qualifying developer a supplemental height
bonus and a supplemental density bonus, as specified, if the development
is located on a site that meets certain criteria, including, among others,
not being located in a moderate, high, or very high fire hazard severity
zone, as specified. By imposing additional requirements on local
governments with respect to supplemental height and density bonuses,
this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Legislature that this
line 2 measure’s provisions in Section 51182.5 of the Health and Safety
line 3 Code that prevent housing construction in fire hazard severity
line 4 zones and state responsibility areas not result in a decrease in the
98
— 2 — SB 55 D-2
----
line 1 state’s supply of housing. It is the intent of the Legislature to help
line 2 prevent such a decrease by offering alternative density bonus
line 3 incentives, as specified.
line 4 SECTION 1.
line 5 SEC. 2. Section 51182.5 is added to the Government Code, to
line 6 read:
line 7 51182.5. (a) Notwithstanding any law, in furtherance of state
line 8 housing production production, sustainability communities
line 9 strategies, greenhouse gas reduction, and wildfire mitigation goals
line 10 under Assembly Bill 101 (Chapter 159 of the Statutes of 2019),
line 11 Senate Bill 375 (Chapter 728 of the Statutes of 2008), Section
line 12 4290 of the Public Resources Code, and subdivision (g) of Section
line 13 65088, a new development shall not be created or approved in a
line 14 very high fire hazard severity zone or a state responsibility area.
line 15 area unless there is substantial evidence that the local agency has
line 16 adopted a comprehensive, necessary, and appropriate wildfire
line 17 prevention and community hardening strategy to mitigate
line 18 significant risks of loss, injury, or death. The wildfire prevention
line 19 and community hardening strategy may include, but is not limited
line 20 to, any of the following:
line 21 (1) Improved building standards described in Chapter 7A
line 22 (commencing with Section 701A.1) of Part 2 of Title 24 of the
line 23 California Code of Regulations.
line 24 (2) Requirements for structure hardening for critical
line 25 infrastructure and other existing development in the fire hazard
line 26 severity zone or state responsibility area.
line 27 (3) Emergency response plans.
line 28 (4) Emergency evacuation plans.
line 29 (5) Resiliency and hazard mitigation plans related to flood,
line 30 landslide, air quality, and other climate risks related to wildfire.
line 31 (b) For purposes of this section, “development” section:
line 32 (1) “Development” means either of the following:
line 33 (1) Aa project containing residential dwellings, including, but
line 34 not limited to, mobilehomes, accessory dwelling units, and junior
line 35 accessory dwelling units, of one or more units or a subdivision of
line 36 land for the purpose of constructing one or more residential
line 37 dwelling units.
line 38 (2) A project for commercial, retail, or industrial use.
line 39 (2) “New development” does not include either of the following:
98
SB 55 — 3 — D-3
line 1 (A) Construction required to maintain, repair, reconstruct,
line 2 restore, or rebuild a development that is involuntarily damaged
line 3 or destroyed by fire or other catastrophic event.
line 4 (B) Construction required to maintain, repair, reconstruct,
line 5 restore, or rebuild an existing residential dwelling.
line 6 (3) “Rebuild” means to build a new structure of the same or
line 7 smaller size as, and in place of, an existing structure or a structure
line 8 that is destroyed by fire or other catastrophic event.
line 9 (4) “Structure hardening” has the same meaning as that term
line 10 is defined in Section 8654.3.
line 11 SEC. 3. Section 65915 of the Government Code is amended to
line 12 read:
line 13 65915. (a) (1) When an applicant seeks a density bonus for
line 14 a housing development within, or for the donation of land for
line 15 housing within, the jurisdiction of a city, county, or city and county,
line 16 that local government shall comply with this section. A city,
line 17 county, or city and county shall adopt an ordinance that specifies
line 18 how compliance with this section will be implemented. Except as
line 19 otherwise provided in subdivision (s), failure to adopt an ordinance
line 20 shall not relieve a city, county, or city and county from complying
line 21 with this section.
line 22 (2) A local government shall not condition the submission,
line 23 review, or approval of an application pursuant to this chapter on
line 24 the preparation of an additional report or study that is not otherwise
line 25 required by state law, including this section. This subdivision does
line 26 not prohibit a local government from requiring an applicant to
line 27 provide reasonable documentation to establish eligibility for a
line 28 requested density bonus, incentives or concessions, as described
line 29 in subdivision (d), waivers or reductions of development standards,
line 30 as described in subdivision (e), and parking ratios, as described in
line 31 subdivision (p).
line 32 (3) In order to provide for the expeditious processing of a density
line 33 bonus application, the local government shall do all of the
line 34 following:
line 35 (A) Adopt procedures and timelines for processing a density
line 36 bonus application.
line 37 (B) Provide a list of all documents and information required to
line 38 be submitted with the density bonus application in order for the
line 39 density bonus application to be deemed complete. This list shall
line 40 be consistent with this chapter.
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— 4 — SB 55 D-4
line 1 (C) Notify the applicant for a density bonus whether the
line 2 application is complete in a manner consistent with the timelines
line 3 specified in Section 65943.
line 4 (D) (i) If the local government notifies the applicant that the
line 5 application is deemed complete pursuant to subparagraph (C),
line 6 provide the applicant with a determination as to the following
line 7 matters:
line 8 (I) The amount of density bonus, calculated pursuant to
line 9 subdivision (f), for which the applicant is eligible.
line 10 (II) If the applicant requests a parking ratio pursuant to
line 11 subdivision (p), the parking ratio for which the applicant is eligible.
line 12 (III) If the applicant requests incentives or concessions pursuant
line 13 to subdivision (d) or waivers or reductions of development
line 14 standards pursuant to subdivision (e), whether the applicant has
line 15 provided adequate information for the local government to make
line 16 a determination as to those incentives, concessions, or waivers or
line 17 reductions of development standards.
line 18 (ii) Any determination required by this subparagraph shall be
line 19 based on the development project at the time the application is
line 20 deemed complete. The local government shall adjust the amount
line 21 of density bonus and parking ratios awarded pursuant to this section
line 22 based on any changes to the project during the course of
line 23 development.
line 24 (b) (1) A city, county, or city and county shall grant one density
line 25 bonus, the amount of which shall be as specified in subdivision
line 26 (f), and, if requested by the applicant and consistent with the
line 27 applicable requirements of this section, incentives or concessions,
line 28 as described in subdivision (d), waivers or reductions of
line 29 development standards, as described in subdivision (e), and parking
line 30 ratios, as described in subdivision (p), when an applicant for a
line 31 housing development seeks and agrees to construct a housing
line 32 development, excluding any units permitted by the density bonus
line 33 awarded pursuant to this section, that will contain at least any one
line 34 of the following:
line 35 (A) Ten percent of the total units of a housing development for
line 36 lower income households, as defined in Section 50079.5 of the
line 37 Health and Safety Code.
line 38 (B) Five percent of the total units of a housing development for
line 39 very low income households, as defined in Section 50105 of the
line 40 Health and Safety Code.
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SB 55 — 5 — D-5
line 1 (C) A senior citizen housing development, as defined in Sections
line 2 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
line 3 residency based on age requirements for housing for older persons
line 4 pursuant to Section 798.76 or 799.5 of the Civil Code.
line 5 (D) Ten percent of the total dwelling units in a common interest
line 6 development, as defined in Section 4100 of the Civil Code, for
line 7 persons and families of moderate income, as defined in Section
line 8 50093 of the Health and Safety Code, provided that all units in the
line 9 development are offered to the public for purchase.
line 10 (E) Ten percent of the total units of a housing development for
line 11 transitional foster youth, as defined in Section 66025.9 of the
line 12 Education Code, disabled veterans, as defined in Section 18541,
line 13 or homeless persons, as defined in the federal McKinney-Vento
line 14 Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units
line 15 described in this subparagraph shall be subject to a recorded
line 16 affordability restriction of 55 years and shall be provided at the
line 17 same affordability level as very low income units.
line 18 (F) (i) Twenty percent of the total units for lower income
line 19 students in a student housing development that meets the following
line 20 requirements:
line 21 (I) All units in the student housing development will be used
line 22 exclusively for undergraduate, graduate, or professional students
line 23 enrolled full time at an institution of higher education accredited
line 24 by the Western Association of Schools and Colleges or the
line 25 Accrediting Commission for Community and Junior Colleges. In
line 26 order to be eligible under this subclause, the developer shall, as a
line 27 condition of receiving a certificate of occupancy, provide evidence
line 28 to the city, county, or city and county that the developer has entered
line 29 into an operating agreement or master lease with one or more
line 30 institutions of higher education for the institution or institutions
line 31 to occupy all units of the student housing development with
line 32 students from that institution or institutions. An operating
line 33 agreement or master lease entered into pursuant to this subclause
line 34 is not violated or breached if, in any subsequent year, there are not
line 35 sufficient students enrolled in an institution of higher education
line 36 to fill all units in the student housing development.
line 37 (II) The applicable 20-percent units will be used for lower
line 38 income students. For purposes of this clause, “lower income
line 39 students” means students who have a household income and asset
line 40 level that does not exceed the level for Cal Grant A or Cal Grant
98
— 6 — SB 55 D-6
line 1 B award recipients as set forth in paragraph (1) of subdivision (k)
line 2 of Section 69432.7 of the Education Code. The eligibility of a
line 3 student under this clause shall be verified by an affidavit, award
line 4 letter, or letter of eligibility provided by the institution of higher
line 5 education that the student is enrolled in, as described in subclause
line 6 (I), or by the California Student Aid Commission that the student
line 7 receives or is eligible for financial aid, including an institutional
line 8 grant or fee waiver, from the college or university, the California
line 9 Student Aid Commission, or the federal government shall be
line 10 sufficient to satisfy this subclause.
line 11 (III) The rent provided in the applicable units of the development
line 12 for lower income students shall be calculated at 30 percent of 65
line 13 percent of the area median income for a single-room occupancy
line 14 unit type.
line 15 (IV) The development will provide priority for the applicable
line 16 affordable units for lower income students experiencing
line 17 homelessness. A homeless service provider, as defined in paragraph
line 18 (3) of subdivision (e) of Section 103577 of the Health and Safety
line 19 Code, or institution of higher education that has knowledge of a
line 20 person’s homeless status may verify a person’s status as homeless
line 21 for purposes of this subclause.
line 22 (ii) For purposes of calculating a density bonus granted pursuant
line 23 to this subparagraph, the term “unit” as used in this section means
line 24 one rental bed and its pro rata share of associated common area
line 25 facilities. The units described in this subparagraph shall be subject
line 26 to a recorded affordability restriction of 55 years.
line 27 (G) One hundred percent of all units in the development,
line 28 including total units and density bonus units, but exclusive of a
line 29 manager’s unit or units, are for lower income households, as
line 30 defined by Section 50079.5 of the Health and Safety Code, except
line 31 that up to 20 percent of the units in the development, including
line 32 total units and density bonus units, may be for moderate-income
line 33 households, as defined in Section 50053 of the Health and Safety
line 34 Code.
line 35 (2) For purposes of calculating the amount of the density bonus
line 36 pursuant to subdivision (f), an applicant who requests a density
line 37 bonus pursuant to this subdivision shall elect whether the bonus
line 38 shall be awarded on the basis of subparagraph (A), (B), (C), (D),
line 39 (E), (F), or (G) of paragraph (1).
98
SB 55 — 7 — D-7
line 1 (3) For the purposes of this section, “total units,” “total dwelling
line 2 units,” or “total rental beds” does not include units added by a
line 3 density bonus awarded pursuant to this section or any local law
line 4 granting a greater density bonus.
line 5 (c) (1) (A) An applicant shall agree to, and the city, county,
line 6 or city and county shall ensure, the continued affordability of all
line 7 very low and low-income rental units that qualified the applicant
line 8 for the award of the density bonus for 55 years or a longer period
line 9 of time if required by the construction or mortgage financing
line 10 assistance program, mortgage insurance program, or rental subsidy
line 11 program.
line 12 (B) (i) Except as otherwise provided in clause (ii), rents for the
line 13 lower income density bonus units shall be set at an affordable rent,
line 14 as defined in Section 50053 of the Health and Safety Code.
line 15 (ii) For housing developments meeting the criteria of
line 16 subparagraph (G) of paragraph (1) of subdivision (b), rents for all
line 17 units in the development, including both base density and density
line 18 bonus units, shall be as follows:
line 19 (I) The rent for at least 20 percent of the units in the
line 20 development shall be set at an affordable rent, as defined in Section
line 21 50053 of the Health and Safety Code.
line 22 (II) The rent for the remaining units in the development shall
line 23 be set at an amount consistent with the maximum rent levels for
line 24 a housing development that receives an allocation of state or federal
line 25 low-income housing tax credits from the California Tax Credit
line 26 Allocation Committee.
line 27 (2) An applicant shall agree to, and the city, county, or city and
line 28 county shall ensure that, the initial occupant of all for-sale units
line 29 that qualified the applicant for the award of the density bonus are
line 30 persons and families of very low, low, or moderate income, as
line 31 required, and that the units are offered at an affordable housing
line 32 cost, as that cost is defined in Section 50052.5 of the Health and
line 33 Safety Code. The local government shall enforce an equity sharing
line 34 agreement, unless it is in conflict with the requirements of another
line 35 public funding source or law. The following apply to the equity
line 36 sharing agreement:
line 37 (A) Upon resale, the seller of the unit shall retain the value of
line 38 any improvements, the downpayment, and the seller’s proportionate
line 39 share of appreciation. The local government shall recapture any
line 40 initial subsidy, as defined in subparagraph (B), and its proportionate
98
— 8 — SB 55 D-8
line 1 share of appreciation, as defined in subparagraph (C), which
line 2 amount shall be used within five years for any of the purposes
line 3 described in subdivision (e) of Section 33334.2 of the Health and
line 4 Safety Code that promote home ownership.
line 5 (B) For purposes of this subdivision, the local government’s
line 6 initial subsidy shall be equal to the fair market value of the home
line 7 at the time of initial sale minus the initial sale price to the
line 8 moderate-income household, plus the amount of any downpayment
line 9 assistance or mortgage assistance. If upon resale the market value
line 10 is lower than the initial market value, then the value at the time of
line 11 the resale shall be used as the initial market value.
line 12 (C) For purposes of this subdivision, the local government’s
line 13 proportionate share of appreciation shall be equal to the ratio of
line 14 the local government’s initial subsidy to the fair market value of
line 15 the home at the time of initial sale.
line 16 (3) (A) An applicant shall be ineligible for a density bonus or
line 17 any other incentives or concessions under this section if the housing
line 18 development is proposed on any property that includes a parcel or
line 19 parcels on which rental dwelling units are or, if the dwelling units
line 20 have been vacated or demolished in the five-year period preceding
line 21 the application, have been subject to a recorded covenant,
line 22 ordinance, or law that restricts rents to levels affordable to persons
line 23 and families of lower or very low income; subject to any other
line 24 form of rent or price control through a public entity’s valid exercise
line 25 of its police power; or occupied by lower or very low income
line 26 households, unless the proposed housing development replaces
line 27 those units, and either of the following applies:
line 28 (i) The proposed housing development, inclusive of the units
line 29 replaced pursuant to this paragraph, contains affordable units at
line 30 the percentages set forth in subdivision (b).
line 31 (ii) Each unit in the development, exclusive of a manager’s unit
line 32 or units, is affordable to, and occupied by, either a lower or very
line 33 low income household.
line 34 (B) For the purposes of this paragraph, “replace” shall mean
line 35 either of the following:
line 36 (i) If any dwelling units described in subparagraph (A) are
line 37 occupied on the date of application, the proposed housing
line 38 development shall provide at least the same number of units of
line 39 equivalent size to be made available at affordable rent or affordable
line 40 housing cost to, and occupied by, persons and families in the same
98
SB 55 — 9 — D-9
line 1 or lower income category as those households in occupancy. If
line 2 the income category of the household in occupancy is not known,
line 3 it shall be rebuttably presumed that lower income renter households
line 4 occupied these units in the same proportion of lower income renter
line 5 households to all renter households within the jurisdiction, as
line 6 determined by the most recently available data from the United
line 7 States Department of Housing and Urban Development’s
line 8 Comprehensive Housing Affordability Strategy database. For
line 9 unoccupied dwelling units described in subparagraph (A) in a
line 10 development with occupied units, the proposed housing
line 11 development shall provide units of equivalent size to be made
line 12 available at affordable rent or affordable housing cost to, and
line 13 occupied by, persons and families in the same or lower income
line 14 category as the last household in occupancy. If the income category
line 15 of the last household in occupancy is not known, it shall be
line 16 rebuttably presumed that lower income renter households occupied
line 17 these units in the same proportion of lower income renter
line 18 households to all renter households within the jurisdiction, as
line 19 determined by the most recently available data from the United
line 20 States Department of Housing and Urban Development’s
line 21 Comprehensive Housing Affordability Strategy database. All
line 22 replacement calculations resulting in fractional units shall be
line 23 rounded up to the next whole number. If the replacement units will
line 24 be rental dwelling units, these units shall be subject to a recorded
line 25 affordability restriction for at least 55 years. If the proposed
line 26 development is for-sale units, the units replaced shall be subject
line 27 to paragraph (2).
line 28 (ii) If all dwelling units described in subparagraph (A) have
line 29 been vacated or demolished within the five-year period preceding
line 30 the application, the proposed housing development shall provide
line 31 at least the same number of units of equivalent size as existed at
line 32 the highpoint of those units in the five-year period preceding the
line 33 application to be made available at affordable rent or affordable
line 34 housing cost to, and occupied by, persons and families in the same
line 35 or lower income category as those persons and families in
line 36 occupancy at that time, if known. If the incomes of the persons
line 37 and families in occupancy at the highpoint is not known, it shall
line 38 be rebuttably presumed that low-income and very low income
line 39 renter households occupied these units in the same proportion of
line 40 low-income and very low income renter households to all renter
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line 1 households within the jurisdiction, as determined by the most
line 2 recently available data from the United States Department of
line 3 Housing and Urban Development’s Comprehensive Housing
line 4 Affordability Strategy database. All replacement calculations
line 5 resulting in fractional units shall be rounded up to the next whole
line 6 number. If the replacement units will be rental dwelling units,
line 7 these units shall be subject to a recorded affordability restriction
line 8 for at least 55 years. If the proposed development is for-sale units,
line 9 the units replaced shall be subject to paragraph (2).
line 10 (C) Notwithstanding subparagraph (B), for any dwelling unit
line 11 described in subparagraph (A) that is or was, within the five-year
line 12 period preceding the application, subject to a form of rent or price
line 13 control through a local government’s valid exercise of its police
line 14 power and that is or was occupied by persons or families above
line 15 lower income, the city, county, or city and county may do either
line 16 of the following:
line 17 (i) Require that the replacement units be made available at
line 18 affordable rent or affordable housing cost to, and occupied by,
line 19 low-income persons or families. If the replacement units will be
line 20 rental dwelling units, these units shall be subject to a recorded
line 21 affordability restriction for at least 55 years. If the proposed
line 22 development is for-sale units, the units replaced shall be subject
line 23 to paragraph (2).
line 24 (ii) Require that the units be replaced in compliance with the
line 25 jurisdiction’s rent or price control ordinance, provided that each
line 26 unit described in subparagraph (A) is replaced. Unless otherwise
line 27 required by the jurisdiction’s rent or price control ordinance, these
line 28 units shall not be subject to a recorded affordability restriction.
line 29 (D) For purposes of this paragraph, “equivalent size” means
line 30 that the replacement units contain at least the same total number
line 31 of bedrooms as the units being replaced.
line 32 (E) Subparagraph (A) does not apply to an applicant seeking a
line 33 density bonus for a proposed housing development if the
line 34 applicant’s application was submitted to, or processed by, a city,
line 35 county, or city and county before January 1, 2015.
line 36 (d) (1) An applicant for a density bonus pursuant to subdivision
line 37 (b) may submit to a city, county, or city and county a proposal for
line 38 the specific incentives or concessions that the applicant requests
line 39 pursuant to this section, and may request a meeting with the city,
line 40 county, or city and county. The city, county, or city and county
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SB 55 — 11 — D-11
line 1 shall grant the concession or incentive requested by the applicant
line 2 unless the city, county, or city and county makes a written finding,
line 3 based upon substantial evidence, of any of the following:
line 4 (A) The concession or incentive does not result in identifiable
line 5 and actual cost reductions, consistent with subdivision (k), to
line 6 provide for affordable housing costs, as defined in Section 50052.5
line 7 of the Health and Safety Code, or for rents for the targeted units
line 8 to be set as specified in subdivision (c).
line 9 (B) The concession or incentive would have a specific, adverse
line 10 impact, as defined in paragraph (2) of subdivision (d) of Section
line 11 65589.5, upon public health and safety or the physical environment
line 12 or on any real property that is listed in the California Register of
line 13 Historical Resources and for which there is no feasible method to
line 14 satisfactorily mitigate or avoid the specific, adverse impact without
line 15 rendering the development unaffordable to low-income and
line 16 moderate-income households.
line 17 (C) The concession or incentive would be contrary to state or
line 18 federal law.
line 19 (2) The applicant shall receive the following number of
line 20 incentives or concessions:
line 21 (A) One incentive or concession for projects that include at least
line 22 10 percent of the total units for lower income households, at least
line 23 5 percent for very low income households, or at least 10 percent
line 24 for persons and families of moderate income in a common interest
line 25 development.
line 26 (B) Two incentives or concessions for projects that include at
line 27 least 17 percent of the total units for lower income households, at
line 28 least 10 percent for very low income households, or at least 20
line 29 percent for persons and families of moderate income in a common
line 30 interest development.
line 31 (C) Three incentives or concessions for projects that include at
line 32 least 24 percent of the total units for lower income households, at
line 33 least 15 percent for very low income households, or at least 30
line 34 percent for persons and families of moderate income in a common
line 35 interest development.
line 36 (D) Four incentives or concessions for projects meeting the
line 37 criteria of subparagraph (G) of paragraph (1) of subdivision (b).
line 38 If the project is located within one-half mile of a major transit stop,
line 39 the applicant shall also receive a height increase of up to three
line 40 additional stories, or 33 feet.
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line 1 (3) The applicant may initiate judicial proceedings if the city,
line 2 county, or city and county refuses to grant a requested density
line 3 bonus, incentive, or concession. If a court finds that the refusal to
line 4 grant a requested density bonus, incentive, or concession is in
line 5 violation of this section, the court shall award the plaintiff
line 6 reasonable attorney’s fees and costs of suit. Nothing in this
line 7 subdivision shall be interpreted to require a local government to
line 8 grant an incentive or concession that has a specific, adverse impact,
line 9 as defined in paragraph (2) of subdivision (d) of Section 65589.5,
line 10 upon health, safety, or the physical environment, and for which
line 11 there is no feasible method to satisfactorily mitigate or avoid the
line 12 specific adverse impact. Nothing in this subdivision shall be
line 13 interpreted to require a local government to grant an incentive or
line 14 concession that would have an adverse impact on any real property
line 15 that is listed in the California Register of Historical Resources.
line 16 The city, county, or city and county shall establish procedures for
line 17 carrying out this section that shall include legislative body approval
line 18 of the means of compliance with this section.
line 19 (4) The city, county, or city and county shall bear the burden
line 20 of proof for the denial of a requested concession or incentive.
line 21 (e) (1) In no case may a city, county, or city and county apply
line 22 any development standard that will have the effect of physically
line 23 precluding the construction of a development meeting the criteria
line 24 of subdivision (b) at the densities or with the concessions or
line 25 incentives permitted by this section. Subject to paragraph (3), an
line 26 applicant may submit to a city, county, or city and county a
line 27 proposal for the waiver or reduction of development standards that
line 28 will have the effect of physically precluding the construction of a
line 29 development meeting the criteria of subdivision (b) at the densities
line 30 or with the concessions or incentives permitted under this section,
line 31 and may request a meeting with the city, county, or city and county.
line 32 If a court finds that the refusal to grant a waiver or reduction of
line 33 development standards is in violation of this section, the court
line 34 shall award the plaintiff reasonable attorney’s fees and costs of
line 35 suit. Nothing in this subdivision shall be interpreted to require a
line 36 local government to waive or reduce development standards if the
line 37 waiver or reduction would have a specific, adverse impact, as
line 38 defined in paragraph (2) of subdivision (d) of Section 65589.5,
line 39 upon health, safety, or the physical environment, and for which
line 40 there is no feasible method to satisfactorily mitigate or avoid the
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SB 55 — 13 — D-13
line 1 specific adverse impact. Nothing in this subdivision shall be
line 2 interpreted to require a local government to waive or reduce
line 3 development standards that would have an adverse impact on any
line 4 real property that is listed in the California Register of Historical
line 5 Resources, or to grant any waiver or reduction that would be
line 6 contrary to state or federal law.
line 7 (2) A proposal for the waiver or reduction of development
line 8 standards pursuant to this subdivision shall neither reduce nor
line 9 increase the number of incentives or concessions to which the
line 10 applicant is entitled pursuant to subdivision (d).
line 11 (3) A housing development that receives a waiver from any
line 12 maximum controls on density pursuant to clause (ii) of
line 13 subparagraph (D) of paragraph (3) of subdivision (f) shall only be
line 14 eligible for a waiver or reduction of development standards as
line 15 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 16 and clause (ii) of subparagraph (D) of paragraph (3) of subdivision
line 17 (f), unless the city, county, or city and county agrees to additional
line 18 waivers or reductions of development standards.
line 19 (f) For the purposes of this chapter, “density bonus” means a
line 20 density increase over the otherwise maximum allowable gross
line 21 residential density as of the date of application by the applicant to
line 22 the city, county, or city and county, or, if elected by the applicant,
line 23 a lesser percentage of density increase, including, but not limited
line 24 to, no increase in density. The amount of density increase to which
line 25 the applicant is entitled shall vary according to the amount by
line 26 which the percentage of affordable housing units exceeds the
line 27 percentage established in subdivision (b).
line 28 (1) For housing developments meeting the criteria of
line 29 subparagraph (A) of paragraph (1) of subdivision (b), the density
line 30 bonus shall be calculated as follows:
line 31
line 32 Percentage Density
line 33 Bonus
Percentage Low-Income Units
line 34 20 10
line 35 21.5 11
line 36 23 12
line 37 24.5 13
line 38 26 14
line 39 27.5 15
line 40 29 16
98
— 14 — SB 55 D-14
line 1 30.5 17
line 2 32 18
line 3 33.5 19
line 4 35 20
line 5 38.75 21
line 6 42.5 22
line 7 46.25 23
line 8 50 24
line 9
line 10 (2) For housing developments meeting the criteria of
line 11 subparagraph (B) of paragraph (1) of subdivision (b), the density
line 12 bonus shall be calculated as follows:
line 13
line 14 Percentage Density Bonus Percentage Very Low Income Units
line 15 20 5
line 16 22.5 6
line 17 25 7
line 18 27.5 8
line 19 30 9
line 20 32.5 10
line 21 35 11
line 22 38.75 12
line 23 42.5 13
line 24 46.25 14
line 25 50 15
line 26
line 27 (3) (A) For housing developments meeting the criteria of
line 28 subparagraph (C) of paragraph (1) of subdivision (b), the density
line 29 bonus shall be 20 percent of the number of senior housing units.
line 30 (B) For housing developments meeting the criteria of
line 31 subparagraph (E) of paragraph (1) of subdivision (b), the density
line 32 bonus shall be 20 percent of the number of the type of units giving
line 33 rise to a density bonus under that subparagraph.
line 34 (C) For housing developments meeting the criteria of
line 35 subparagraph (F) of paragraph (1) of subdivision (b), the density
line 36 bonus shall be 35 percent of the student housing units.
line 37 (D) For housing developments meeting the criteria of
line 38 subparagraph (G) of paragraph (1) of subdivision (b), the following
line 39 shall apply:
98
SB 55 — 15 — D-15
line 1 (i) Except as otherwise provided in clause (ii), the density bonus
line 2 shall be 80 percent of the number of units for lower income
line 3 households.
line 4 (ii) If the housing development is located within one-half mile
line 5 of a major transit stop, the city, county, or city and county shall
line 6 not impose any maximum controls on density.
line 7 (4) For housing developments meeting the criteria of
line 8 subparagraph (D) of paragraph (1) of subdivision (b), the density
line 9 bonus shall be calculated as follows:
line 10
line 11 Percentage Density Bonus Percentage Moderate-Income Units
line 12 5 10
line 13 6 11
line 14 7 12
line 15 8 13
line 16 9 14
line 17 10 15
line 18 11 16
line 19 12 17
line 20 13 18
line 21 14 19
line 22 15 20
line 23 16 21
line 24 17 22
line 25 18 23
line 26 19 24
line 27 20 25
line 28 21 26
line 29 22 27
line 30 23 28
line 31 24 29
line 32 25 30
line 33 26 31
line 34 27 32
line 35 28 33
line 36 29 34
line 37 30 35
line 38 31 36
line 39 32 37
line 40 33 38
98
— 16 — SB 55 D-16
line 1 34 39
line 2 35 40
line 3 38.75 41
line 4 42.5 42
line 5 46.25 43
line 6 50 44
line 7
line 8 (5) All density calculations resulting in fractional units shall be
line 9 rounded up to the next whole number. The granting of a density
line 10 bonus shall not require, or be interpreted, in and of itself, to require
line 11 a general plan amendment, local coastal plan amendment, zoning
line 12 change, or other discretionary approval.
line 13 (g) (1) When an applicant for a tentative subdivision map,
line 14 parcel map, or other residential development approval donates
line 15 land to a city, county, or city and county in accordance with this
line 16 subdivision, the applicant shall be entitled to a 15-percent increase
line 17 above the otherwise maximum allowable residential density for
line 18 the entire development, as follows:
line 19
line 20 Percentage Density Bonus Percentage Very Low Income
line 21 15 10
line 22 16 11
line 23 17 12
line 24 18 13
line 25 19 14
line 26 20 15
line 27 21 16
line 28 22 17
line 29 23 18
line 30 24 19
line 31 25 20
line 32 26 21
line 33 27 22
line 34 28 23
line 35 29 24
line 36 30 25
line 37 31 26
line 38 32 27
line 39 33 28
line 40 34 29
98
SB 55 — 17 — D-17
line 1 35 30
line 2
line 3 (2) This increase shall be in addition to any increase in density
line 4 mandated by subdivision (b), up to a maximum combined mandated
line 5 density increase of 35 percent if an applicant seeks an increase
line 6 pursuant to both this subdivision and subdivision (b). All density
line 7 calculations resulting in fractional units shall be rounded up to the
line 8 next whole number. Nothing in this subdivision shall be construed
line 9 to enlarge or diminish the authority of a city, county, or city and
line 10 county to require a developer to donate land as a condition of
line 11 development. An applicant shall be eligible for the increased
line 12 density bonus described in this subdivision if all of the following
line 13 conditions are met:
line 14 (A) The applicant donates and transfers the land no later than
line 15 the date of approval of the final subdivision map, parcel map, or
line 16 residential development application.
line 17 (B) The developable acreage and zoning classification of the
line 18 land being transferred are sufficient to permit construction of units
line 19 affordable to very low income households in an amount not less
line 20 than 10 percent of the number of residential units of the proposed
line 21 development.
line 22 (C) The transferred land is at least one acre in size or of
line 23 sufficient size to permit development of at least 40 units, has the
line 24 appropriate general plan designation, is appropriately zoned with
line 25 appropriate development standards for development at the density
line 26 described in paragraph (3) of subdivision (c) of Section 65583.2,
line 27 and is or will be served by adequate public facilities and
line 28 infrastructure.
line 29 (D) The transferred land shall have all of the permits and
line 30 approvals, other than building permits, necessary for the
line 31 development of the very low income housing units on the
line 32 transferred land, not later than the date of approval of the final
line 33 subdivision map, parcel map, or residential development
line 34 application, except that the local government may subject the
line 35 proposed development to subsequent design review to the extent
line 36 authorized by subdivision (i) of Section 65583.2 if the design is
line 37 not reviewed by the local government before the time of transfer.
line 38 (E) The transferred land and the affordable units shall be subject
line 39 to a deed restriction ensuring continued affordability of the units
98
— 18 — SB 55 D-18
line 1 consistent with paragraphs (1) and (2) of subdivision (c), which
line 2 shall be recorded on the property at the time of the transfer.
line 3 (F) The land is transferred to the local agency or to a housing
line 4 developer approved by the local agency. The local agency may
line 5 require the applicant to identify and transfer the land to the
line 6 developer.
line 7 (G) The transferred land shall be within the boundary of the
line 8 proposed development or, if the local agency agrees, within
line 9 one-quarter mile of the boundary of the proposed development.
line 10 (H) A proposed source of funding for the very low income units
line 11 shall be identified not later than the date of approval of the final
line 12 subdivision map, parcel map, or residential development
line 13 application.
line 14 (h) (1) When an applicant proposes to construct a housing
line 15 development that conforms to the requirements of subdivision (b)
line 16 and includes a childcare facility that will be located on the premises
line 17 of, as part of, or adjacent to, the project, the city, county, or city
line 18 and county shall grant either of the following:
line 19 (A) An additional density bonus that is an amount of square
line 20 feet of residential space that is equal to or greater than the amount
line 21 of square feet in the childcare facility.
line 22 (B) An additional concession or incentive that contributes
line 23 significantly to the economic feasibility of the construction of the
line 24 childcare facility.
line 25 (2) The city, county, or city and county shall require, as a
line 26 condition of approving the housing development, that the following
line 27 occur:
line 28 (A) The childcare facility shall remain in operation for a period
line 29 of time that is as long as or longer than the period of time during
line 30 which the density bonus units are required to remain affordable
line 31 pursuant to subdivision (c).
line 32 (B) Of the children who attend the childcare facility, the children
line 33 of very low income households, lower income households, or
line 34 families of moderate income shall equal a percentage that is equal
line 35 to or greater than the percentage of dwelling units that are required
line 36 for very low income households, lower income households, or
line 37 families of moderate income pursuant to subdivision (b).
line 38 (3) Notwithstanding any requirement of this subdivision, a city,
line 39 county, or city and county shall not be required to provide a density
line 40 bonus or concession for a childcare facility if it finds, based upon
98
SB 55 — 19 — D-19
line 1 substantial evidence, that the community has adequate childcare
line 2 facilities.
line 3 (4) “Childcare facility,” as used in this section, means a child
line 4 daycare facility other than a family daycare home, including, but
line 5 not limited to, infant centers, preschools, extended daycare
line 6 facilities, and schoolage childcare centers.
line 7 (i) If the housing development qualifies for one or more density
line 8 bonuses pursuant to subdivisions (b) to (h), inclusive, and is located
line 9 on a site that meets all of the criteria in paragraphs (1) to (3),
line 10 inclusive, below, the development shall receive a supplemental
line 11 height bonus of 10 feet or 20 percent of the height limit that would
line 12 otherwise apply to the development, whichever is greater, and a
line 13 supplemental density bonus of 20 percent of the density limit that
line 14 would otherwise apply to the development. These bonuses are in
line 15 addition to the bonuses and waivers or concessions otherwise
line 16 available to the project pursuant to subdivisions (b) through (h),
line 17 inclusive.
line 18 (1) The site is not located in a moderate, high or very high fire
line 19 hazard severity zone as mapped by the Department of Forestry
line 20 and Fire Protection’s most recent Fire Hazard Severity Zone map.
line 21 (2) (A) If the site is a legal parcel or parcels located in a city,
line 22 the city boundaries include some portion of either an urbanized
line 23 area or urban cluster, as designated by the United States Census
line 24 Bureau.
line 25 (B) If the site is a legal parcel or parcels located in the
line 26 unincorporated area of a county, the legal parcel or parcels are
line 27 wholly within the boundaries of an urbanized area or urban cluster,
line 28 as designated by the United States Census Bureau.
line 29 (3) At least 75 percent of the perimeter of the site adjoins parcels
line 30 that are developed with urban uses. For the purposes of this
line 31 subdivision, parcels that are only separated by a street or highway
line 32 shall be considered to be adjoined.
line 33 (i)
line 34 (j) “Housing development,” as used in this section, means a
line 35 development project for five or more residential units, including
line 36 mixed-use developments. For the purposes of this section, “housing
line 37 development” also includes a subdivision or common interest
line 38 development, as defined in Section 4100 of the Civil Code,
line 39 approved by a city, county, or city and county and consists of
line 40 residential units or unimproved residential lots and either a project
98
— 20 — SB 55 D-20
-
line 1 to substantially rehabilitate and convert an existing commercial
line 2 building to residential use or the substantial rehabilitation of an
line 3 existing multifamily dwelling, as defined in subdivision (d) of
line 4 Section 65863.4, where the result of the rehabilitation would be a
line 5 net increase in available residential units. For the purpose of
line 6 calculating a density bonus, the residential units shall be on
line 7 contiguous sites that are the subject of one development
line 8 application, but do not have to be based upon individual
line 9 subdivision maps or parcels. The density bonus shall be permitted
line 10 in geographic areas of the housing development other than the
line 11 areas where the units for the lower income households are located.
line 12 (j)
line 13 (k) (1) The granting of a concession or incentive shall not
line 14 require or be interpreted, in and of itself, to require a general plan
line 15 amendment, local coastal plan amendment, zoning change, study,
line 16 or other discretionary approval. For purposes of this subdivision,
line 17 “study” does not include reasonable documentation to establish
line 18 eligibility for the concession or incentive or to demonstrate that
line 19 the incentive or concession meets the definition set forth in
line 20 subdivision (k). (l). This provision is declaratory of existing law.
line 21 (2) Except as provided in subdivisions (d) and (e), the granting
line 22 of a density bonus shall not require or be interpreted to require the
line 23 waiver of a local ordinance or provisions of a local ordinance
line 24 unrelated to development standards.
line 25 (k)
line 26 (l) For the purposes of this chapter, concession or incentive
line 27 means any of the following:
line 28 (1) A reduction in site development standards or a modification
line 29 of zoning code requirements or architectural design requirements
line 30 that exceed the minimum building standards approved by the
line 31 California Building Standards Commission as provided in Part 2.5
line 32 (commencing with Section 18901) of Division 13 of the Health
line 33 and Safety Code, including, but not limited to, a reduction in
line 34 setback and square footage requirements and in the ratio of
line 35 vehicular parking spaces that would otherwise be required that
line 36 results in identifiable and actual cost reductions, to provide for
line 37 affordable housing costs, as defined in Section 50052.5 of the
line 38 Health and Safety Code, or for rents for the targeted units to be
line 39 set as specified in subdivision (c).
98
SB 55 — 21 — D-21
line 1 (2) Approval of mixed-use zoning in conjunction with the
line 2 housing project if commercial, office, industrial, or other land uses
line 3 will reduce the cost of the housing development and if the
line 4 commercial, office, industrial, or other land uses are compatible
line 5 with the housing project and the existing or planned development
line 6 in the area where the proposed housing project will be located.
line 7 (3) Other regulatory incentives or concessions proposed by the
line 8 developer or the city, county, or city and county that result in
line 9 identifiable and actual cost reductions to provide for affordable
line 10 housing costs, as defined in Section 50052.5 of the Health and
line 11 Safety Code, or for rents for the targeted units to be set as specified
line 12 in subdivision (c).
line 13 (l)
line 14 (m) Subdivision (k) (l) does not limit or require the provision
line 15 of direct financial incentives for the housing development,
line 16 including the provision of publicly owned land, by the city, county,
line 17 or city and county, or the waiver of fees or dedication requirements.
line 18 (m)
line 19 (n) This section does not supersede or in any way alter or lessen
line 20 the effect or application of the California Coastal Act of 1976
line 21 (Division 20 (commencing with Section 30000) of the Public
line 22 Resources Code). Any density bonus, concessions, incentives,
line 23 waivers or reductions of development standards, and parking ratios
line 24 to which the applicant is entitled under this section shall be
line 25 permitted in a manner that is consistent with this section and
line 26 Division 20 (commencing with Section 30000) of the Public
line 27 Resources Code.
line 28 (n)
line 29 (o) If permitted by local ordinance, nothing in this section shall
line 30 be construed to prohibit a city, county, or city and county from
line 31 granting a density bonus greater than what is described in this
line 32 section for a development that meets the requirements of this
line 33 section or from granting a proportionately lower density bonus
line 34 than what is required by this section for developments that do not
line 35 meet the requirements of this section.
line 36 (o)
line 37 (p) For purposes of this section, the following definitions shall
line 38 apply:
line 39 (1) “Development standard” includes a site or construction
line 40 condition, including, but not limited to, a height limitation, a
98
— 22 — SB 55 D-22
line 1 setback requirement, a floor area ratio, an onsite open-space
line 2 requirement, or a parking ratio that applies to a residential
line 3 development pursuant to any ordinance, general plan element,
line 4 specific plan, charter, or other local condition, law, policy,
line 5 resolution, or regulation.
line 6 (2) “Located within one-half mile of a major transit stop” means
line 7 that any point on a proposed development, for which an applicant
line 8 seeks a density bonus, other incentives or concessions, waivers or
line 9 reductions of development standards, or a vehicular parking ratio
line 10 pursuant to this section, is within one-half mile of any point on
line 11 the property on which a major transit stop is located, including
line 12 any parking lot owned by the transit authority or other local agency
line 13 operating the major transit stop.
line 14 (3) “Major transit stop” has the same meaning as defined in
line 15 subdivision (b) of Section 21155 of the Public Resources Code.
line 16 (4) “Maximum allowable residential density” means the density
line 17 allowed under the zoning ordinance and land use element of the
line 18 general plan, or, if a range of density is permitted, means the
line 19 maximum allowable density for the specific zoning range and land
line 20 use element of the general plan applicable to the project. If the
line 21 density allowed under the zoning ordinance is inconsistent with
line 22 the density allowed under the land use element of the general plan,
line 23 the general plan density shall prevail.
line 24 (p)
line 25 (q) (1) Except as provided in paragraphs (2), (3), and (4), upon
line 26 the request of the developer, a city, county, or city and county shall
line 27 not require a vehicular parking ratio, inclusive of parking for
line 28 persons with a disability and guests, of a development meeting the
line 29 criteria of subdivisions (b) and (c), that exceeds the following
line 30 ratios:
line 31 (A) Zero to one bedroom: one onsite parking space.
line 32 (B) Two to three bedrooms: one and one-half onsite parking
line 33 spaces.
line 34 (C) Four and more bedrooms: two and one-half parking spaces.
line 35 (2) (A) Notwithstanding paragraph (1), if a development
line 36 includes at least 20 percent low-income units for housing
line 37 developments meeting the criteria of subparagraph (A) of paragraph
line 38 (1) of subdivision (b) or at least 11 percent very low income units
line 39 for housing developments meeting the criteria of subparagraph
line 40 (B) of paragraph (1) of subdivision (b), is located within one-half
98
SB 55 — 23 — D-23
--
line 1 mile of a major transit stop, and there is unobstructed access to
line 2 the major transit stop from the development, then, upon the request
line 3 of the developer, a city, county, or city and county shall not impose
line 4 a vehicular parking ratio, inclusive of parking for persons with a
line 5 disability and guests, that exceeds 0.5 spaces per unit.
line 6 (B) For purposes of this subdivision, a development shall have
line 7 unobstructed access to a major transit stop if a resident is able to
line 8 access the major transit stop without encountering natural or
line 9 constructed impediments. For purposes of this subparagraph,
line 10 “natural or constructed impediments” includes, but is not limited
line 11 to, freeways, rivers, mountains, and bodies of water, but does not
line 12 include residential structures, shopping centers, parking lots, or
line 13 rails used for transit.
line 14 (3) Notwithstanding paragraph (1), if a development consists
line 15 solely of rental units, exclusive of a manager’s unit or units, with
line 16 an affordable housing cost to lower income families, as provided
line 17 in Section 50052.5 of the Health and Safety Code, then, upon the
line 18 request of the developer, a city, county, or city and county shall
line 19 not impose vehicular parking standards if the development meets
line 20 either of the following criteria:
line 21 (A) The development is located within one-half mile of a major
line 22 transit stop and there is unobstructed access to the major transit
line 23 stop from the development.
line 24 (B) The development is a for-rent housing development for
line 25 individuals who are 62 years of age or older that complies with
line 26 Sections 51.2 and 51.3 of the Civil Code and the development has
line 27 either paratransit service or unobstructed access, within one-half
line 28 mile, to fixed bus route service that operates at least eight times
line 29 per day.
line 30 (4) Notwithstanding paragraphs (1) and (8), if a development
line 31 consists solely of rental units, exclusive of a manager’s unit or
line 32 units, with an affordable housing cost to lower income families,
line 33 as provided in Section 50052.5 of the Health and Safety Code, and
line 34 the development is either a special needs housing development,
line 35 as defined in Section 51312 of the Health and Safety Code, or a
line 36 supportive housing development, as defined in Section 50675.14
line 37 of the Health and Safety Code, then, upon the request of the
line 38 developer, a city, county, or city and county shall not impose any
line 39 minimum vehicular parking requirement. A development that is
line 40 a special needs housing development shall have either paratransit
98
— 24 — SB 55 D-24
line 1 service or unobstructed access, within one-half mile, to fixed bus
line 2 route service that operates at least eight times per day.
line 3 (5) If the total number of parking spaces required for a
line 4 development is other than a whole number, the number shall be
line 5 rounded up to the next whole number. For purposes of this
line 6 subdivision, a development may provide onsite parking through
line 7 tandem parking or uncovered parking, but not through onstreet
line 8 parking.
line 9 (6) This subdivision shall apply to a development that meets
line 10 the requirements of subdivisions (b) and (c), but only at the request
line 11 of the applicant. An applicant may request parking incentives or
line 12 concessions beyond those provided in this subdivision pursuant
line 13 to subdivision (d).
line 14 (7) This subdivision does not preclude a city, county, or city
line 15 and county from reducing or eliminating a parking requirement
line 16 for development projects of any type in any location.
line 17 (8) Notwithstanding paragraphs (2) and (3), if a city, county,
line 18 city and county, or an independent consultant has conducted an
line 19 areawide or jurisdictionwide parking study in the last seven years,
line 20 then the city, county, or city and county may impose a higher
line 21 vehicular parking ratio not to exceed the ratio described in
line 22 paragraph (1), based upon substantial evidence found in the parking
line 23 study, that includes, but is not limited to, an analysis of parking
line 24 availability, differing levels of transit access, walkability access
line 25 to transit services, the potential for shared parking, the effect of
line 26 parking requirements on the cost of market-rate and subsidized
line 27 developments, and the lower rates of car ownership for low-income
line 28 and very low income individuals, including seniors and special
line 29 needs individuals. The city, county, or city and county shall pay
line 30 the costs of any new study. The city, county, or city and county
line 31 shall make findings, based on a parking study completed in
line 32 conformity with this paragraph, supporting the need for the higher
line 33 parking ratio.
line 34 (9) A request pursuant to this subdivision shall neither reduce
line 35 nor increase the number of incentives or concessions to which the
line 36 applicant is entitled pursuant to subdivision (d).
line 37 (q)
line 38 (r) Each component of any density calculation, including base
line 39 density and bonus density, resulting in fractional units shall be
98
SB 55 — 25 — D-25
--
line 1 separately rounded up to the next whole number. The Legislature
line 2 finds and declares that this provision is declaratory of existing law.
line 3 (r)
line 4 (s) This chapter shall be interpreted liberally in favor of
line 5 producing the maximum number of total housing units.
line 6 (s)
line 7 (t) Notwithstanding any other law, if a city, including a charter
line 8 city, county, or city and county has adopted an ordinance or a
line 9 housing program, or both an ordinance and a housing program,
line 10 that incentivizes the development of affordable housing that allows
line 11 for density bonuses that exceed the density bonuses required by
line 12 the version of this section effective through December 31, 2020,
line 13 that city, county, or city and county is not required to amend or
line 14 otherwise update its ordinance or corresponding affordable housing
line 15 incentive program to comply with the amendments made to this
line 16 section by the act adding this subdivision, and is exempt from
line 17 complying with the incentive and concession calculation
line 18 amendments made to this section by the act adding this subdivision
line 19 as set forth in subdivision (d), particularly subparagraphs (C) and
line 20 (D) of paragraph (2) of that subdivision, and the amendments made
line 21 to the density tables under subdivision (f).
line 22 SEC. 2.
line 23 SEC. 4. The Legislature finds and declares that the prohibition
line 24 on the creation or approval of a new development within a zone
line 25 of high fire danger as specified in this act is a matter of statewide
line 26 concern and is not a municipal affair as that term is used in Section
line 27 5 of Article XI of the California Constitution. Therefore, Section
line 28 1 of this act adding Section 51182.5 to the Government Code
line 29 applies to all cities, including charter cities.
line 30 SEC. 3.
line 31 SEC. 5. No reimbursement is required by this act pursuant to
line 32 Section 6 of Article XIIIB of the California Constitution because
line 33 a local agency or school district has the authority to levy service
line 34 charges, fees, or assessments sufficient to pay for the program or
line 35 level of service mandated by this act, within the meaning of Section
line 36 17556 of the Government Code.
O
98
— 26 — SB 55 D-26
July 6, 2021 Via Email
The Honorable Henry Stern
California State Senate
State Capitol, Rm. 5080
Sacramento, CA 95814
SUBJECT: Notice of Opposition to SB 63
Dear Senator Stem:
The City of Rancho Palos Verdes opposes Senate Bill 63, which would curtail local land
use authority by empowering the director of the California Department of Forestry and
Fire Prevention (Cal Fire) to establish a one-size-fits-all approach to determining
defensible space and home hardening assessment.
Although well intended, SB 63 as currently written, amends existing law to mandate that
all local ordinances regulating fuel modification standards adopted by local jurisdictions
be in compliance with Cal Fire's established statewide program. Additionally, this bill
authorizes the director of Cal Fire to establish a centralized reporting platform that will
enable the department to receive data on defensible space and home hardening
assessments and to inspect and conduct defensible space assessmen ts to ensure
compliance with the statewide program.
This bill further requires the director of Cal Fire to designate areas of the state as
moderate or high fire hazard severity zones and mandates that local government make
this information publicly available for review and comment. By expanding the
responsibility of a local agency, the bill would impose a state-mandated local program.
While the City of Rancho Palos Verdes supports the aim of this bill, we ask that you keep
in mind the wide-reaching implications of its current form and consider an approach that
does not preempt local control authority and remove decision-making authority to apply
a one-size-fits-all application to the entire state. For these reasons, the City of Rancho
Palos Verdes opposes SB 63.
Sincerely,
Eric Alegria
Mayor
E-1
FRIC 1\I FGRIA. MAYOR
01\VID 0. t:31\/\DLE:.Y. M1\YOI\ 1-'l\0 I E:.M
JOHN Ci\Ull<SH!\NI<, COUNCILME:.Ml::lc.l\
l(EN flYnA, COLJNCIL MEMBER
BARBARA. FERRARO. COlJNCILMEMBER
Senator Henry Stern
July 6, 2021
Page 2
cc: David Chiu, Chair, Assembly Housing and Community Development Committee
Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
E-2
AMENDED IN ASSEMBLY JUNE 16, 2021
AMENDED IN SENATE MAY 3, 2021
SENATE BILL No. 63
Introduced by Senator Stern
December 7, 2020
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189
of the Government Code, to amend Section 13108.5 of the Health and
Safety Code, and to amend Sections 4124.5 and 4291 of, to add Section
4799.05.5 to, and to add and repeal Sections 4123.8, 4291.5, and 4291.6
of, the Public Resources Code, relating to fire prevention.
legislative counsel’s digest
SB 63, as amended, Stern. Fire prevention: vegetation management:
public education: grants: defensible space: fire hazard severity zones:
forest management. zones.
(1) Existing law requires the Director of Forestry and Fire Protection
to identify areas of the state as very high fire hazard severity zones
based on specified criteria. Existing law requires a local agency, within
30 days after receiving a transmittal from the director that identifies
very high fire hazard severity zones, to make the information available
for public review, as provided.
This bill, among other things, would also require the director to
identify areas of the state as moderate and high fire hazard severity
zones and would require a local agency to make this information
available for public review and comment, as provided. By expanding
the responsibility of a local agency, the bill would impose a
state-mandated local program.
This bill would also make conforming changes.
97 F-1
(2) Existing law requires a person who owns, leases, controls,
operates, or maintains an occupied dwelling or structure in, upon, or
adjoining a mountainous area, forest-covered land, brush-covered land,
grass-covered land, or land that is covered with flammable material that
is within a very high fire hazard severity zone, as designated by a local
agency, or a building or structure in, upon, or adjoining those areas or
lands within a state responsibility area, to maintain a defensible space
of 100 feet from each side and from the front and rear of the structure,
as specified. Existing law authorizes a greater distance than specified
above on the specified land in a very high fire hazard severity zone.
Existing law specifies that clearance beyond the property line may only
be required if state law, local ordinance, rule, or regulation includes
certain findings and specifies that clearance on adjacent property shall
only be conducted following written consent by the adjacent landowner.
This bill, among other things, would instead provide that fuel
modification beyond the property line may only be required by state
law, local ordinance, rule, or regulation in order to maintain the 100
feet of defensible space.
This bill would also require the Director of Forestry and Fire
Protection to establish a statewide program to allow qualified entities,
as defined, to support and augment the Department of Forestry and Fire
Protection in its defensible space and home hardening assessment and
education efforts and to establish a common reporting platform for
participating qualified entities to report defensible space and home
hardening assessment data to the department. The bill would repeal this
provision on January 1, 2026.
Existing law requires the Office of the State Fire Marshal to develop
a model defensible space program that is required to be made available
for use by a city, county, or city and county in the enforcement of the
above defensible space provisions. The program is required to have
specified components, including general guidelines for creating and
maintaining defensible space around structures, as provided.
This bill would also include as a component of the model defensible
space program, provisions for fuel modifications beyond the property
line, as provided.
The California Building Standards Law provides for the adoption of
building standards by state agencies by requiring all state agencies that
adopt or propose adoption of any building standard to submit the
building standard to the California Building Standards Commission for
approval or adoption. In the absence of a designated state agency, the
97
— 2 — SB 63 F-2
commission is required to adopt specific building standards, as
prescribed. Existing law requires the State Fire Marshal, in consultation
with the Director of Forestry and Fire Protection and the Director of
Housing and Community Development, to propose specified fire
protection building standards in fire hazard severity zones, including
very high fire hazard severity zones, in state responsibility areas.
This bill would require the State Fire Marshal and the Department of
Housing and Community Development to propose, and the State
Building Standards Commission to adopt, expanded application of the
above-described specified building standards to high fire hazard severity
zones. The bill would also require the State Fire Marshal and the
Department of Housing and Community Development to consider, if
it is appropriate, expanding application of these building standards to
moderate fire hazard severity zones.
This bill would also make other related changes.
(3) Existing law appropriates specified moneys to the Department
of Forestry and Fire Protection for purposes of healthy forest and fire
prevention programs and projects that improve forest health and reduce
greenhouse gas emissions caused by uncontrolled wildfires and to
complete prescribed fire and other fuel reduction projects, as provided.
This bill would require, on or before January 1, 2023, the department,
in consultation with the State Air Resources Board and the California
Forest Management Task Force, to report to the relevant fiscal and
policy committees of the Legislature on moneys spent pursuant to the
above provision, as provided.
(4) Existing law requires the Department of Forestry and Fire
Protection to establish a local assistance grant program for fire
prevention activities in the state. Existing law requires the local
assistance grant program to establish a robust year-round fire prevention
effort in and near fire threatened communities. Exiting law requires that
the eligible activities include, among other things, fire prevention
activities, as provided. Existing law permits the Director of Forestry
and Fire Protection to authorize advance payments, not exceeding 25%
of the total grant award, from a grant awarded pursuant to the local
assistance grant program. Existing law requires the grantee to expend
these funds from the advance payment within 6 months of receipt, as
provided.
This bill, among other things, would specify that the above-described
fire prevention effort in and near fire threatened communities focus on
increasing the protection of people, structures, and communities, as
97
SB 63 — 3 — F-3
provided. The bill would define “fire threatened communities” as
provided. The bill would specifically include vegetation management
along roadways and driveways to reduce fire risk, public education
outreach regarding making homes and communities more wildfire
resilient, projects to reduce the flammability of structures and
communities to prevent their ignition from wind-driven embers, and
developing a risk reduction checklist for communities as part of the
eligible activities, among other things, as provided. The bill would
instead authorize an advance payment not exceeding 50% of the total
grant award and would instead require the grantee to expend these funds
within 12 months.
This bill would require the department to develop and implement a
training program, as provided, to train individuals to support and
augment the department in its defensible space and home hardening
assessment and public education efforts. The bill would require the
department to issue a certification of completion to individuals who
have successfully completed the training program. The bill would repeal
these provisions on January 1, 2026.
(5) Existing law requires the Director of Forestry and Fire Protection
to provide grants to, or enter into contracts or other cooperative
agreements with, specified entities for the implementation and
administration of projects and programs to improve forest health and
reduce greenhouse gas emissions.
This bill would require the Department of Forestry and Fire Protection,
under Good Neighbor Authority agreements entered into between the
state and the federal government, as provided, to establish a program
for purposes of conducting landscape scale ecological restoration and
fire resiliency projects on national forest lands, including the
development of specified federal and state environmental protection
documents for landscape scale ecological restoration and fire resiliency
projects on national forest lands that are at least 25,000 acres. The bill
would authorize the department to contract with Native American tribes,
local governments, forest collaboratives, and qualified nongovernmental
organizations to conduct restoration activities on federal forest lands
and to develop the federal documents.
(6)
(5) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
97
— 4 — SB 63 F-4
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 51177 of the Government Code is
line 2 amended to read:
line 3 51177. As used in this chapter:
line 4 (a) “Defensible space” means the area adjacent to a structure
line 5 or dwelling where wildfire prevention or protection practices are
line 6 implemented to provide defense from an approaching wildfire or
line 7 to minimize the spread of a structure fire to wildlands or
line 8 surrounding areas.
line 9 (b) “Director” means the Director of Forestry and Fire
line 10 Protection.
line 11 (c) “Fuel” means any combustible material, including
line 12 petroleum-based products, cultivated landscape plants, grasses,
line 13 and weeds, and wildland vegetation.
line 14 (d) “Fuel management” means the act or practice of controlling
line 15 flammability and reducing resistance to control of fuels through
line 16 mechanical, chemical, biological, or manual means or by fire, in
line 17 support of land management objectives.
line 18 (e) “Local agency” means a city, county, city and county, or
line 19 district responsible for fire protection within a very high fire hazard
line 20 severity zone.
line 21 (f) “Single specimen tree” means any live tree that stands alone
line 22 in the landscape so as to be clear of buildings, structures,
line 23 combustible vegetation, or other trees, and that does not form a
line 24 means of rapidly transmitting fire from the vegetation to an
line 25 occupied dwelling or structure or from an occupied dwelling or
line 26 structure to vegetation.
line 27 (g) “State responsibility areas” means those areas identified
line 28 pursuant to Section 4102 of the Public Resources Code.
line 29 (h) “Vegetation” means all plants, including trees, shrubs, grass,
line 30 and perennial or annual plants.
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SB 63 — 5 — F-5
line 1 (i) “Very high fire hazard severity zone” means an area
line 2 designated as a very high fire hazard severity zone by the director
line 3 pursuant to Section 51178 that is not a state responsibility area.
line 4 (j) “Wildfire” means an unplanned, unwanted wildland fire,
line 5 including unauthorized human-caused fires, escaped wildland fire
line 6 use events, escaped prescribed fire projects, and all other wildland
line 7 fires where the objective is to extinguish the fire.
line 8 SEC. 2. Section 51178 of the Government Code is amended
line 9 to read:
line 10 51178. The director shall identify areas in the state as moderate,
line 11 high, and very high fire hazard severity zones based on consistent
line 12 statewide criteria and based on the severity of fire hazard that is
line 13 expected to prevail in those areas. Moderate, high, and very high
line 14 fire hazard severity zones shall be based on fuel loading, slope,
line 15 fire weather, and other relevant factors including areas where Santa
line 16 Ana, Mono, and Diablo winds have been identified by the
line 17 Department of Forestry and Fire Protection as a major cause of
line 18 wildfire spread.
line 19 SEC. 3. Section 51178.5 of the Government Code is amended
line 20 to read:
line 21 51178.5. Within 30 days after receiving a transmittal from the
line 22 director that identifies fire hazard severity zones pursuant to
line 23 Section 51178, a local agency shall make the information available
line 24 for public review and comment. The information shall be presented
line 25 in a format that is understandable and accessible to the general
line 26 public, including, but not limited to, maps.
line 27 SEC. 4. Section 51182 of the Government Code is amended
line 28 to read:
line 29 51182. (a) A person who owns, leases, controls, operates, or
line 30 maintains an occupied dwelling or occupied structure in, upon, or
line 31 adjoining a mountainous area, forest-covered land, shrub-covered
line 32 land, grass-covered land, or land that is covered with flammable
line 33 material, which area or land is within a very high fire hazard
line 34 severity zone designated by the local agency pursuant to Section
line 35 51179, shall at all times do all of the following:
line 36 (1) (A) Maintain defensible space of 100 feet from each side
line 37 and from the front and rear of the structure, but not beyond the
line 38 property line except as provided in subparagraph (B). The amount
line 39 of fuel modification necessary shall consider the flammability of
line 40 the structure as affected by building material, building standards,
97
— 6 — SB 63 F-6
line 1 location, and type of vegetation. Fuels shall be maintained and
line 2 spaced in a condition so that a wildfire burning under average
line 3 weather conditions would be unlikely to ignite the structure. This
line 4 subparagraph does not apply to single specimens of trees or other
line 5 vegetation that are well-pruned and maintained so as to effectively
line 6 manage fuels and not form a means of rapidly transmitting fire
line 7 from other nearby vegetation to a structure or from a structure to
line 8 other nearby vegetation or to interrupt the advance of embers
line 9 toward a structure. The intensity of fuels management may vary
line 10 within the 100-foot perimeter of the structure, with more intense
line 11 fuel reductions being used between 5 and 30 feet around the
line 12 structure, and an ember-resistant zone being required within 5 feet
line 13 of the structure, based on regulations promulgated by the State
line 14 Board of Forestry and Fire Protection, in consultation with the
line 15 Department of Forestry and Fire Protection, to consider the
line 16 elimination of materials in the ember-resistant zone that would
line 17 likely be ignited by embers. The promulgation of these regulations
line 18 by the State Board of Forestry and Fire Protection is contingent
line 19 upon an appropriation by the Legislature in the annual Budget Act
line 20 or another statute for this purpose. Consistent with fuels
line 21 management objectives, steps should be taken to minimize erosion,
line 22 soil disturbance, and the spread of flammable nonnative grasses
line 23 and weeds.
line 24 (B) A greater distance than that required under subparagraph
line 25 (A) may be required by state law, local ordinance, rule, or
line 26 regulation. Fuel modification beyond the property line may only
line 27 be required by state law, local ordinance, rule, or regulation in
line 28 order to maintain 100 feet of defensible space from a structure.
line 29 Fuel modification on adjacent property shall only be conducted
line 30 following written consent by the adjacent landowner. Any local
line 31 ordinance related to fuel modification shall be in compliance with
line 32 all applicable state laws, regulations, and policies. Any local
line 33 ordinance may include provisions to allocate costs for any fuel
line 34 modification beyond the property line.
line 35 (C) An insurance company that insures an occupied dwelling
line 36 or occupied structure may require a greater distance than that
line 37 required under subparagraph (A) if a fire expert, designated by the
line 38 fire chief or fire official from the authority having jurisdiction,
line 39 provides findings that the fuel modification is necessary to
line 40 significantly reduce the risk of transmission of flame or heat
97
SB 63 — 7 — F-7
line 1 sufficient to ignite the structure, and there is no other feasible
line 2 mitigation measure possible to reduce the risk of ignition or spread
line 3 of wildfire to the structure. The greater distance may not be beyond
line 4 the property line unless allowed by state law, local ordinance, rule,
line 5 or regulation.
line 6 (2) Remove that portion of a tree that extends within 10 feet of
line 7 the outlet of a chimney or stovepipe.
line 8 (3) Maintain a tree, shrub, or other plant adjacent to or
line 9 overhanging a building free of dead or dying wood.
line 10 (4) Maintain the roof of a structure free of leaves, needles, or
line 11 other vegetative materials.
line 12 (5) Before constructing a new dwelling or structure that will be
line 13 occupied or rebuilding an occupied dwelling or occupied structure
line 14 damaged by a fire in that zone, the construction or rebuilding of
line 15 which requires a building permit, the owner shall obtain a
line 16 certification from the local building official that the dwelling or
line 17 structure, as proposed to be built, complies with all applicable state
line 18 and local building standards, including those described in
line 19 subdivision (b) of Section 51189, and shall provide a copy of the
line 20 certification, upon request, to the insurer providing course of
line 21 construction insurance coverage for the building or structure. Upon
line 22 completion of the construction or rebuilding, the owner shall obtain
line 23 from the local building official, a copy of the final inspection report
line 24 that demonstrates that the dwelling or structure was constructed
line 25 in compliance with all applicable state and local building standards,
line 26 including those described in subdivision (b) of Section 51189, and
line 27 shall provide a copy of the report, upon request, to the property
line 28 insurance carrier that insures the dwelling or structure.
line 29 (b) A person is not required under this section to manage fuels
line 30 on land if that person does not have the legal right to manage fuels,
line 31 nor is a person required to enter upon or to alter property that is
line 32 owned by any other person without the consent of the owner of
line 33 the property.
line 34 (c) (1) The State Board of Forestry and Fire Protection, in
line 35 consultation with the Department of Forestry and Fire Protection,
line 36 shall develop, periodically update, and post on its internet website
line 37 a guidance document on fuels management pursuant to this chapter.
line 38 The guidance document shall include, but not be limited to,
line 39 regionally appropriate vegetation management suggestions that
line 40 preserve and restore native species that are fire resistant or drought
97
— 8 — SB 63 F-8
line 1 tolerant, or both, minimize erosion, minimize the spread of
line 2 flammable nonnative grasses and weeds, minimize water
line 3 consumption, and permit trees and shrubs near homes for shade,
line 4 aesthetics, and habitat; suggestions for fuel modification beyond
line 5 the property line in order to maintain 100 feet of defensible space
line 6 from a structure; and suggestions to minimize or eliminate the risk
line 7 of flammability of nonvegetative sources of combustion such as
line 8 woodpiles, propane tanks, decks, and outdoor lawn furniture.
line 9 (2) On or before January 1, 2023, the State Board of Forestry
line 10 and Fire Protection, in consultation with the Department of Forestry
line 11 and Fire Protection, shall update the guidance document to include
line 12 suggestions for creating an ember-resistant zone within five feet
line 13 of a structure based on regulations promulgated by the State Board
line 14 of Forestry and Fire Protection, in consultation with the Department
line 15 of Forestry and Fire Protection, to consider the elimination of
line 16 materials in the ember-resistant zone that would likely be ignited
line 17 by embers. The implementation of this paragraph is contingent
line 18 upon an appropriation by the Legislature in the annual Budget Act
line 19 or another statute for this purpose.
line 20 (d) For purposes of this section, a structure for the purpose of
line 21 an ember-resistant zone shall include any attached deck. This
line 22 section does not limit the authority of the State Board of Forestry
line 23 and Fire Protection or the Department of Forestry and Fire
line 24 Protection to require the removal of fuel or vegetation on top of
line 25 or underneath a deck pursuant to this section.
line 26 SEC. 5. Section 51189 of the Government Code is amended
line 27 to read:
line 28 51189. (a) The Legislature finds and declares that site and
line 29 structure defensibility is essential to reduce the risk of structure
line 30 ignition as well as for effective fire suppression by firefighters.
line 31 This need to establish defensibility extends beyond the site fuel
line 32 management practices required by this chapter, and includes, but
line 33 is not limited to, measures that increase the likelihood of a structure
line 34 withstanding ignition, such as building design and construction
line 35 requirements that use fire resistant building materials, and standards
line 36 for reducing fire risks on structure projections, including, but not
line 37 limited to, porches, decks, balconies and eaves, and structure
line 38 openings, including, but not limited to, attic, foundation, and eave
line 39 vents, doors, and windows.
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SB 63 — 9 — F-9
line 1 (b) No later than January 31, 2020, the State Fire Marshal, in
line 2 consultation with the director and the Director of Housing and
line 3 Community Development, shall, pursuant to Section 18930 of the
line 4 Health and Safety Code, recommend updated building standards
line 5 that provide for comprehensive site and structure fire risk reduction
line 6 to protect structures from fires spreading from adjacent structures
line 7 or vegetation and to protect vegetation from fires spreading from
line 8 adjacent structures, based on information learned from the 2017
line 9 wildfire season.
line 10 (c) (1) No later than January 31, 2020, the State Fire Marshal,
line 11 in consultation with the director and the Director of Housing and
line 12 Community Development, shall develop a list of low-cost retrofits
line 13 that provide for comprehensive site and structure fire risk reduction
line 14 to protect structures from fires spreading from adjacent structures
line 15 or vegetation and to protect vegetation from fires spreading from
line 16 adjacent structures. The Department of Forestry and Fire Protection
line 17 shall incorporate the list in its fire prevention education and
line 18 outreach efforts.
line 19 (2) In addition to the requirements of paragraph (1), the list shall
line 20 include a guidance document, including regionally appropriate
line 21 vegetation management suggestions that preserve and restore native
line 22 plant species that are fire resistant or drought tolerant, or both.
line 23 (d) (1) The Office of the State Fire Marshal shall develop a
line 24 model defensible space program that shall be made available for
line 25 use by a city, county, or city and county in the enforcement of the
line 26 defensible space provisions of Section 51182 of this code and
line 27 subdivision (a) of Section 4291 of the Public Resources Code. In
line 28 the development of this program, the State Fire Marshal shall
line 29 consult with representatives from local, state, and federal fire
line 30 services, local government, building officials, utility companies,
line 31 the building industry, insurers and insurance research organizations,
line 32 and the environmental community. Components of the program
line 33 shall include, but not be limited to, all of the following:
line 34 (A) General guidelines for creating and maintaining defensible
line 35 space around specified structures, including appropriate guidelines
line 36 and definitions for vegetation management.
line 37 (B) Provisions for fuel modification beyond the property line,
line 38 including on unimproved lots, in order to maintain 100 feet of
line 39 defensible space from a structure.
97
— 10 — SB 63 F-10
line 1 (C) Suggested minimum qualifications needed for enforcement
line 2 personnel.
line 3 (D) Enforcement mechanisms for compliance with and
line 4 maintenance of defensible space requirements, including, but not
line 5 limited to, the following:
line 6 (i) Site inspections.
line 7 (ii) Procedures for notifying a property owner of a violation.
line 8 (iii) Timelines for corrective action by a property owner and
line 9 for reinspection.
line 10 (iv) Citations requiring abatement of a violation and subsequent
line 11 removal of a fire hazard within the defensible space boundaries.
line 12 (v) Suggested administrative procedures that allow for appeal
line 13 of the citation by the property owner.
line 14 (2) If a defensible space program is adopted, the local agency
line 15 for enforcement of this program may recover the actual cost of
line 16 abatement and may cause a notice of abatement lien to be recorded
line 17 in the county in which the real property is located. The notice shall,
line 18 at a minimum, identify the record owner or possessor of the
line 19 property, set forth the last known address of the record owner or
line 20 possessor, set forth the date upon which abatement was ordered
line 21 by the local agency and the date the abatement was completed,
line 22 and include a description of the real property subject to the lien
line 23 and the amount of the abatement cost.
line 24 (3) The model defensible space program required pursuant to
line 25 this subdivision shall be updated whenever the State Board of
line 26 Forestry and Fire Protection substantially updates the guidance
line 27 documents created pursuant to subdivision (c) of Section 51182
line 28 of this code and subdivision (e) of Section 4291 of the Public
line 29 Resources Code.
line 30 (4) In order to develop and implement this subdivision and
line 31 support any required update of the guidance documents identified
line 32 in subdivision (c) of Section 51182 of this code and subdivision
line 33 (e) of Section 4291 of the Public Resources Code, the Office of
line 34 the State Fire Marshal is authorized to expend funds from the
line 35 Building Standards Administration Special Revolving Fund, upon
line 36 an appropriation by the Legislature, pursuant to Section 18931.7
line 37 of the Health and Safety Code.
line 38 SEC. 6. Section 13108.5 of the Health and Safety Code is
line 39 amended to read:
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SB 63 — 11 — F-11
line 1 13108.5. (a) The State Fire Marshal, in consultation with the
line 2 Director of Forestry and Fire Protection and the Director of
line 3 Housing and Community Development, shall, pursuant to Section
line 4 18930, propose fire protection building standards for roofs, exterior
line 5 walls, structure projections, including, but not limited to, porches,
line 6 decks, balconies, and eaves, and structure openings, including, but
line 7 not limited to, attic and eave vents and windows of buildings in
line 8 fire hazard severity zones, including very high fire hazard severity
line 9 zones designated by the Director of Forestry and Fire Protection
line 10 pursuant to Article 9 (commencing with Section 4201) of Chapter
line 11 1 of Part 2 of Division 4 of the Public Resources Code.
line 12 (b) (1) Building standards adopted pursuant to this section shall
line 13 also apply to buildings located in very high fire hazard severity
line 14 zones designated pursuant to Chapter 6.8 (commencing with
line 15 Section 51175) of Part 1 of Division 1 of Title 5 of the Government
line 16 Code, and other areas designated by a local agency following a
line 17 finding supported by substantial evidence in the record that the
line 18 requirements of the building standards adopted pursuant to this
line 19 section are necessary for effective fire protection within the area.
line 20 (2) Upon identification by the Director of Forestry and Fire
line 21 Protection pursuant to Section 51178 of the Government Code of
line 22 high fire hazard severity zones and by a local agency pursuant to
line 23 Section 51179 of the Government Code, the Office of the State
line 24 Fire Marshal and the Department of Housing and Community
line 25 Development shall propose, and the California Building Standards
line 26 Commission shall adopt, expanded application of the building
line 27 standards adopted pursuant to this section to high fire hazard
line 28 severity zones during the next regularly occurring code adoption
line 29 cycle.
line 30 (3) The State Fire Marshal and the Department of Housing and
line 31 Community Development shall, after consulting with interested
line 32 stakeholders, including local fire officials, consider if it is
line 33 appropriate to expand application of the building standards adopted
line 34 pursuant to this section to moderate fire hazard severity zones. If
line 35 it is found appropriate, the State Fire Marshal and the Department
line 36 of Housing and Community Development shall, pursuant to Section
line 37 18930, recommend expanding the application of the building
line 38 standards adopted pursuant to this section to moderate fire hazard
line 39 severity zones.
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line 1 (c) Building standards adopted pursuant to this section shall
line 2 also apply to buildings located in urban wildland interface
line 3 communities. A local agency may, at its discretion, include in or
line 4 exclude from the requirements of these building standards any
line 5 area in its jurisdiction following a finding supported by substantial
line 6 evidence in the record at a public hearing that the requirements of
line 7 these building standards are necessary or not necessary,
line 8 respectively, for effective fire protection within the area. Changes
line 9 made by a local agency to an urban wildland interface community
line 10 area following a finding supported by substantial evidence in the
line 11 record shall be final and shall not be rebuttable.
line 12 (d) For purposes of subdivision (c), “urban wildland interface
line 13 community” means a community listed in “Communities at Risk
line 14 from Wild Fires,” produced by the California Department of
line 15 Forestry and Fire Protection, Fire and Resource Assessment
line 16 Program, pursuant to the National Fire Plan, federal Fiscal Year
line 17 2001 Department of the Interior and Related Agencies
line 18 Appropriations Act (Public Law 106-291).
line 19 SEC. 7. Section 4123.8 is added to the Public Resources Code,
line 20 immediately following Section 4123.7, to read:
line 21 4123.8. (a) On or before January 1, 2023, the department, in
line 22 consultation with the State Air Resources Board and the California
line 23 Forest Management Task Force, shall report to the relevant fiscal
line 24 and policy committees of the Legislature on funds spent pursuant
line 25 to Section 45 of Senate Bill 901 (Chapter 626, Statutes of 2018).
line 26 The report shall include, but not be limited to, all of the following
line 27 information:
line 28 (1) The outcomes of the projects implemented, including, but
line 29 not limited to, a description of the benefits for public safety, fire
line 30 prevention, habitat, climate resiliency, and protection of important
line 31 natural resources, including water quality and water supply.
line 32 (2) A description of the projected greenhouse gas emission and
line 33 carbon sequestration impacts for the year of implementation of a
line 34 project and for 5-year intervals thereafter to at least 50 years after
line 35 implementation.
line 36 (3) Recommendations for modifying the forest health grant
line 37 program, established pursuant to Section 4799.05, and the local
line 38 assistance grant program, established pursuant to Section 4124.5,
line 39 to improve outcomes, benefits, durability of benefits, and statewide
line 40 benefits.
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line 1 (4) An assessment of the potential benefits, including unmet
line 2 need, for continuing the commitment made pursuant to Section 45
line 3 of Senate Bill 901 (Chapter 626, Statutes of 2018) beyond the
line 4 2023–24 fiscal year.
line 5 (b) Pursuant to Section 10231.5 of the Government Code, this
line 6 section is repealed on January 1, 2027.
line 7 SEC. 8. Section 4124.5 of the Public Resources Code is
line 8 amended to read:
line 9 4124.5. (a) The department shall establish a local assistance
line 10 grant program for fire prevention and home hardening education
line 11 activities in California. Groups eligible for grants shall include,
line 12 but are not limited to, local agencies, resource conservation
line 13 districts, fire safe councils, the California Conservation Corps,
line 14 certified community conservation corps as defined in Section
line 15 14507.5, University of California Cooperative Extension, Native
line 16 American tribes, and qualified nonprofit organizations. The
line 17 department may establish a cost-share requirement for one or more
line 18 categories of projects.
line 19 (b) (1) The local assistance grant program shall establish a
line 20 robust year-round fire prevention effort in and near fire threatened
line 21 communities that focuses on increasing the protection of people,
line 22 structures, and communities. To the maximum extent practicable,
line 23 the grants shall be designed to be durable and adaptively managed
line 24 so that while improving resiliency to wildfire, the projects, when
line 25 on forest land, retain a mixture of species and sizes of trees to
line 26 protect habitat values. The department shall prioritize, to the extent
line 27 feasible, projects that are multiyear efforts.
line 28 (2) For purposes of this subdivision, “fire threatened
line 29 communities” means those communities in high and very high fire
line 30 hazard severity zones, identified by the director pursuant to Section
line 31 51178 of the Government Code, or Article 9 (commencing with
line 32 Section 4201) of this code, or on the “Fire Risk Reduction
line 33 Community” list maintained by the board pursuant to Section
line 34 4290.1.
line 35 (c) Eligible activities shall include, but not be limited to, all of
line 36 the following:
line 37 (1) Development and implementation of public education and
line 38 outreach programs. Programs may include technical assistance,
line 39 workforce recruitment and training, and equipment purchases.
line 40 (2) Fire prevention activities as defined in Section 4124.
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line 1 (3) Projects to improve compliance with defensible space
line 2 requirements as required by Section 4291 through increased
line 3 inspections, assessments, and assistance for low-income residents.
line 4 (4) Technical assistance to local agencies to improve fire
line 5 prevention and reduce fire hazards.
line 6 (5) Creation of additional “Firewise USA” communities in the
line 7 state or other community planning or certification programs
line 8 deemed as appropriate by the department.
line 9 (6) Projects to improve public safety, including, but not limited
line 10 to, access to emergency equipment and improvements to public
line 11 evacuation routes.
line 12 (7) Vegetation management along roadways and driveways to
line 13 reduce fire risk. Where appropriate, the Department of
line 14 Transportation shall be consulted if state infrastructure will be
line 15 affected. Those projects shall remain consistent with paragraph
line 16 (1) of subdivision (b).
line 17 (8) Public education outreach regarding making homes and
line 18 communities more wildfire resilient, including defensible space
line 19 training.
line 20 (9) Projects to reduce the flammability of structures and
line 21 communities to prevent their ignition from wind-driven embers.
line 22 (10) Development of a risk reduction checklist for communities
line 23 that includes defensible space criteria, structural vulnerability
line 24 potential, and personal evacuation plans.
line 25 (d) The department may consider the fire risk of an area, the
line 26 geographic balance of projects, and whether the project is
line 27 complementary to other fire prevention or forest health activities
line 28 when awarding local assistance grants.
line 29 (e) (1) Until January 1, 2024, the director may authorize
line 30 advance payments from a grant awarded pursuant to this section.
line 31 The advance shall not exceed 50 percent of the total grant award.
line 32 (2) The grantee shall expend the funds from the advance
line 33 payment within 12 months of receipt, unless the department waives
line 34 this requirement.
line 35 (3) The grantee shall file an accountability report with the
line 36 department four months from the date of receiving the funds and
line 37 every four months thereafter.
line 38 (f) The department may expand or amend an existing grant
line 39 program to meet the requirements of this section.
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line 1 (g) Funding for the local assistance grant program created
line 2 pursuant to this section shall be made upon appropriation by the
line 3 Legislature.
line 4 SEC. 9. Section 4291 of the Public Resources Code is amended
line 5 to read:
line 6 4291. (a) A person who owns, leases, controls, operates, or
line 7 maintains a building or structure in, upon, or adjoining a
line 8 mountainous area, forest-covered lands, shrub-covered lands,
line 9 grass-covered lands, or land that is covered with flammable
line 10 material, shall at all times do all of the following:
line 11 (1) (A) Maintain defensible space of 100 feet from each side
line 12 and from the front and rear of the structure, but not beyond the
line 13 property line, except as provided in subparagraph (B). The amount
line 14 of fuel modification necessary shall consider the flammability of
line 15 the structure as affected by building material, building standards,
line 16 location, and type of vegetation. Fuels shall be maintained and
line 17 spaced in a condition so that a wildfire burning under average
line 18 weather conditions would be unlikely to ignite the structure. This
line 19 subparagraph does not apply to single specimens of trees or other
line 20 vegetation that are well-pruned and maintained so as to effectively
line 21 manage fuels and not form a means of rapidly transmitting fire
line 22 from other nearby vegetation to a structure or from a structure to
line 23 other nearby vegetation or to interrupt the advance of embers
line 24 toward a structure. The intensity of fuels management may vary
line 25 within the 100-foot perimeter of the structure, with more intense
line 26 fuel reductions being utilized between 5 and 30 feet around the
line 27 structure, and an ember-resistant zone being required within 5 feet
line 28 of the structure, based on regulations promulgated by the board,
line 29 in consultation with the department, to consider the elimination
line 30 of materials in the ember-resistant zone that would likely be ignited
line 31 by embers. The promulgation of these regulations by the board is
line 32 contingent upon an appropriation by the Legislature in the annual
line 33 Budget Act or another statute for this purpose. Consistent with
line 34 fuels management objectives, steps should be taken to minimize
line 35 erosion, soil disturbance, and the spread of flammable nonnative
line 36 grasses and weeds. For purposes of this subparagraph, “fuel” means
line 37 any combustible material, including petroleum-based products,
line 38 cultivated landscape plants, grasses, and weeds, and wildland
line 39 vegetation.
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line 1 (B) A greater distance than that required under subparagraph
line 2 (A) may be required by state law, local ordinance, rule, or
line 3 regulation. Fuel modification beyond the property line may only
line 4 be required by state law, local ordinance, rule, or regulation in
line 5 order to maintain 100 feet of defensible space from a structure.
line 6 Fuel modification on adjacent property shall only be conducted
line 7 following written consent by the adjacent landowner. Any local
line 8 ordinance related to fuel modification shall be in compliance with
line 9 all applicable state laws, regulations, and policies. Any local
line 10 ordinance may include provisions to allocate costs for any fuel
line 11 modification beyond the property line.
line 12 (C) An insurance company that insures an occupied dwelling
line 13 or occupied structure may require a greater distance than that
line 14 required under subparagraph (A) if a fire expert, designated by the
line 15 director, provides findings that the fuel modification is necessary
line 16 to significantly reduce the risk of transmission of flame or heat
line 17 sufficient to ignite the structure, and there is no other feasible
line 18 mitigation measure possible to reduce the risk of ignition or spread
line 19 of wildfire to the structure. The greater distance may not be beyond
line 20 the property line unless allowed by state law, local ordinance, rule,
line 21 or regulation.
line 22 (2) Remove that portion of a tree that extends within 10 feet of
line 23 the outlet of a chimney or stovepipe.
line 24 (3) Maintain a tree, shrub, or other plant adjacent to or
line 25 overhanging a building free of dead or dying wood.
line 26 (4) Maintain the roof of a structure free of leaves, needles, or
line 27 other vegetative materials.
line 28 (5) Before constructing a new building or structure or rebuilding
line 29 a building or structure damaged by a fire in an area subject to this
line 30 section, the construction or rebuilding of which requires a building
line 31 permit, the owner shall obtain a certification from the local building
line 32 official that the dwelling or structure, as proposed to be built,
line 33 complies with all applicable state and local building standards,
line 34 including those described in subdivision (b) of Section 51189 of
line 35 the Government Code, and shall provide a copy of the certification,
line 36 upon request, to the insurer providing course of construction
line 37 insurance coverage for the building or structure. Upon completion
line 38 of the construction or rebuilding, the owner shall obtain from the
line 39 local building official, a copy of the final inspection report that
line 40 demonstrates that the dwelling or structure was constructed in
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SB 63 — 17 — F-17
line 1 compliance with all applicable state and local building standards,
line 2 including those described in subdivision (b) of Section 51189 of
line 3 the Government Code, and shall provide a copy of the report, upon
line 4 request, to the property insurance carrier that insures the dwelling
line 5 or structure.
line 6 (b) A person is not required under this section to manage fuels
line 7 on land if that person does not have the legal right to manage fuels,
line 8 nor is a person required to enter upon or to alter property that is
line 9 owned by any other person without the consent of the owner of
line 10 the property.
line 11 (c) (1) Except as provided in Section 18930 of the Health and
line 12 Safety Code, the director may adopt regulations exempting a
line 13 structure with an exterior constructed entirely of nonflammable
line 14 materials, or, conditioned upon the contents and composition of
line 15 the structure, the director may vary the requirements respecting
line 16 the removing or clearing away of flammable vegetation or other
line 17 combustible growth with respect to the area surrounding those
line 18 structures.
line 19 (2) An exemption or variance under paragraph (1) shall not
line 20 apply unless and until the occupant of the structure, or if there is
line 21 not an occupant, the owner of the structure, files with the
line 22 department, in a form as the director shall prescribe, a written
line 23 consent to the inspection of the interior and contents of the structure
line 24 to ascertain whether this section and the regulations adopted under
line 25 this section are complied with at all times.
line 26 (d) The director may authorize the removal of vegetation that
line 27 is not consistent with the standards of this section. The director
line 28 may prescribe a procedure for the removal of that vegetation and
line 29 make the expense a lien upon the building, structure, or grounds,
line 30 in the same manner that is applicable to a legislative body under
line 31 Section 51186 of the Government Code.
line 32 (e) (1) The board, in consultation with the department, shall
line 33 develop, periodically update, and post on its internet website a
line 34 guidance document on fuels management pursuant to this chapter.
line 35 The guidance document shall include, but not be limited to,
line 36 regionally appropriate vegetation management suggestions that
line 37 preserve and restore native species that are fire resistant or drought
line 38 tolerant, or both, minimize erosion, minimize water consumption,
line 39 and permit trees near homes for shade, aesthetics, and habitat;
line 40 suggestions for fuel modification beyond the property line in order
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— 18 — SB 63 F-18
line 1 to maintain 100 feet of defensible space from a structure; and
line 2 suggestions to minimize or eliminate the risk of flammability of
line 3 nonvegetative sources of combustion, such as woodpiles, propane
line 4 tanks, decks, outdoor furniture, barbecue equipment, and outdoor
line 5 fire pits.
line 6 (2) On or before January 1, 2023, the board, in consultation
line 7 with the department, shall update the guidance document to include
line 8 suggestions for creating an ember-resistant zone within five feet
line 9 of a structure, based on regulations promulgated by the board, in
line 10 consultation with the department, to consider the elimination of
line 11 materials in the ember-resistant zone that would likely be ignited
line 12 by embers. The implementation of this paragraph is contingent
line 13 upon an appropriation by the Legislature in the annual Budget Act
line 14 or another statute for this purpose.
line 15 (f) (1) The department shall do both of the following:
line 16 (A) Recommend to the board the types of vegetation or fuel
line 17 that are to be excluded from an ember-resistant zone based on the
line 18 probability that vegetation and fuel will lead to ignition by ember
line 19 of a structure as a part of the update to the guidance document
line 20 pursuant to paragraph (2) of subdivision (e).
line 21 (B) Make reasonable efforts to provide notice to affected
line 22 residents describing the requirements added by the amendments
line 23 to paragraph (1) of subdivision (a) made in Assembly Bill 3074
line 24 of the 2019–20 Regular Session before the imposition of penalties
line 25 for violating those requirements.
line 26 (2) The implementation of this subdivision is contingent upon
line 27 an appropriation by the Legislature in the annual Budget Act or
line 28 another statute for this purpose.
line 29 (g) (1) The requirement for an ember-resistant zone pursuant
line 30 to paragraph (1) of subdivision (a) shall not take effect for new
line 31 structures until the board updates the regulations, pursuant to
line 32 paragraph (1) of subdivision (a), and the guidance document,
line 33 pursuant to paragraph (2) of subdivision (e).
line 34 (2) The requirement for an ember-resistant zone pursuant to
line 35 paragraph (1) of subdivision (a) shall take effect for existing
line 36 structures one year after the effective date for the new structures.
line 37 (h) The department shall not change defensible space inspection
line 38 practices and forms or enforcement to implement the requirement
line 39 for an ember-resistant zone until the director makes a written
line 40 finding, which the director shall post on the department’s internet
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SB 63 — 19 — F-19
line 1 website, that the Legislature has appropriated sufficient resources
line 2 to do so.
line 3 (i) For purposes of this section, a structure for the purpose of
line 4 an ember-resistant zone shall include any attached deck. This
line 5 section does not limit the authority of the board or the department
line 6 to require the removal of fuel or vegetation on top of or underneath
line 7 a deck pursuant to this section.
line 8 (j) As used in this section, “person” means a private individual,
line 9 organization, partnership, limited liability company, or corporation.
line 10 SEC. 10. Section 4291.5 is added to the Public Resources Code,
line 11 to read:
line 12 4291.5. (a) For purposes of this section, the following
line 13 definitions apply:
line 14 (1) “Home hardening” means the replacement or repair of
line 15 structural features that are affixed to the property with features
line 16 that are in compliance with Chapter 7A (commencing with Section
line 17 701A.1) of Title 24 of the California Code of Regulations.
line 18 (2) “Qualified entities” means the following entities that have
line 19 completed the program developed and received a certification,
line 20 pursuant to Section 4291.6:
line 21 (A) Counties, state conservancies, special districts, and other
line 22 political subdivisions of the state.
line 23 (B) Members of the California Conservation Corps, local
line 24 conservation corps, resource conservation districts, fire safe
line 25 councils, and Firewise USA organizations.
line 26 (C) University of California fire advisors.
line 27 (D) Registered Professional Foresters.
line 28 (E) Other entities or individuals deemed appropriate by the
line 29 director.
line 30 (3) “Wildfire safety improvements” mean wildfire resilience
line 31 and fire safety improvements, including measures for home
line 32 hardening, the creation of defensible space, and other appropriate
line 33 fuel reduction activities, to residential, commercial, industrial,
line 34 agricultural, or other real property identified by the State Fire
line 35 Marshal, in consultation with the director.
line 36 (b) The director shall establish a statewide program to allow
line 37 qualified entities to support and augment the department in its
line 38 defensible space and home hardening assessment and education
line 39 efforts. Qualified entities participating in the program shall be
line 40 authorized by the director to conduct defensible space assessments
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line 1 to assess compliance with Section 4291 within the state
line 2 responsibility area, educate property owners about wildfire safety
line 3 improvements that may be undertaken to harden a structure and
line 4 make it more resistant to fire, and assess whether wildfire safety
line 5 improvements have been completed in or on a structure.
line 6 (c) (1) The director shall establish a common reporting platform
line 7 that allows defensible space and home hardening assessment data,
line 8 collected by the qualified entities, to be reported to the department
line 9 and shall establish any necessary quality control measure to ensure
line 10 that the assessment data is accurate and reliable.
line 11 (2) The department shall compile the data submitted pursuant
line 12 to paragraph (1).
line 13 (d) The director may use the defensible space and home
line 14 hardening assessment data to do any of the following:
line 15 (1) Direct inspection and enforcement resources away from
line 16 landowners who meet or exceed the department’s standards and
line 17 regulations for maintaining defensible space.
line 18 (2) Direct inspection and enforcement resources toward
line 19 landowners who do not meet the department’s standards and
line 20 regulations for maintaining defensible space.
line 21 (3) Direct educational resources toward landowners who own
line 22 or maintain structures that can be hardened to make them more
line 23 resistant to fire.
line 24 (4) Assist in estimating defensible space compliance in the state
line 25 responsibility area.
line 26 (e) The department may expand or amend existing programs
line 27 for the implementation of this section.
line 28 (f) This section does not grant any right of entry onto private
line 29 land or regulatory or enforcement authority to participating
line 30 qualified entities.
line 31 (g) This section shall remain in effect only until January 1, 2026,
line 32 and as of that date is repealed.
line 33 SEC. 11. Section 4291.6 is added to the Public Resources Code,
line 34 to read:
line 35 4291.6. (a) (1) The Legislature finds and declares that the use
line 36 of trained volunteers to assist homeowners and fire agencies in
line 37 achieving compliance with defensible space requirements will
line 38 provide multiple benefits, including all of the following:
line 39 (A) Creating a significant public benefit by reducing the risk of
line 40 the spread of wildfire.
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SB 63 — 21 — F-21
line 1 (B) Creating significant savings for fire agencies by increasing
line 2 general compliance with defensible space requirements, and
line 3 thereby reducing the volume of inspections required by public
line 4 agencies.
line 5 (C) Allowing fire agencies to focus their defensible space
line 6 regulatory enforcement on landowners who are not in compliance
line 7 after suggestions for voluntary compliance from trained volunteers.
line 8 (2) It is further the intent of the Legislature that the department
line 9 do both of the following:
line 10 (A) Establish a pilot program using trained volunteers with any
line 11 costs for the pilot project coming from the existing available
line 12 greenhouse gas funds allocated to the department.
line 13 (B) Consider using the services of the California Fire Science
line 14 Consortium and the Regional Forest and Fire Capacity program
line 15 at the Natural Resources Agency to implement this section.
line 16 (b) The department shall develop and implement a training
line 17 program to train individuals to support and augment the department
line 18 in its defensible space and home hardening assessment and public
line 19 education efforts. The training program shall do both of the
line 20 following:
line 21 (1) Provide for consistent training for third-party assessors who
line 22 shall function to provide nonregulatory assistance to homeowners
line 23 to reduce fire risk and to achieve compliance with defensible space
line 24 requirements.
line 25 (2) Ensure that all defensible space and home hardening
line 26 assessment and education programs undertaken by the department
line 27 and by third parties are conducted to the same standard and use
line 28 coordinated messaging, including messages at
line 29 www.readyforwildfire.org or a successor internet website, as
line 30 updated by the department.
line 31 (c) Upon an individual’s successful completion of the training
line 32 program, the department shall issue a certification of completion
line 33 to the individual.
line 34 (d) This section shall remain in effect only until January 1, 2026,
line 35 and as of that date is repealed.
line 36 SEC. 12. Section 4799.05.5 is added to the Public Resources
line 37 Code, immediately following Section 4799.05, to read:
line 38 4799.05.5. Under Good Neighbor Authority agreements entered
line 39 into between the state and the federal government pursuant to
line 40 Section 2113a of Title 16 of the United States Code, the department
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line 1 shall establish a program for purposes of conducting landscape
line 2 scale ecological restoration and fire resiliency projects on national
line 3 forest lands, including the development of federal National
line 4 Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.)
line 5 documents, and documents prepared pursuant to the California
line 6 Environmental Quality Act (Division 13 (commencing with Section
line 7 21000)), for landscape scale ecological restoration and fire
line 8 resiliency projects on national forest lands that are at least 25,000
line 9 acres. The department may contract with Native American tribes,
line 10 local governments, forest collaboratives, and qualified
line 11 nongovernmental organizations to conduct restoration activities
line 12 on federal forest lands and to develop the federal documents.
line 13 SEC. 13.
line 14 SEC. 12. If the Commission on State Mandates determines that
line 15 this act contains costs mandated by the state, reimbursement to
line 16 local agencies and school districts for those costs shall be made
line 17 pursuant to Part 7 (commencing with Section 17500) of Division
line 18 4 of Title 2 of the Government Code.
O
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