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AB-1295 Residential development agreements: very high fire risk areas. (2021-2022)

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Date Published: 02/19/2021 09:00 PM
AB1295:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1295


Introduced by Assembly Member Muratsuchi

February 19, 2021


An act to add Section 65865.7 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1295, as introduced, Muratsuchi. Residential development agreements: very high fire risk areas.
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 land use element. Existing law requires the land use element to designate 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 requires county or city zoning ordinances to be consistent with the general plan of the county or city, as specified.
Existing law requires the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones based on the severity of fire hazard that is expected to prevail in those areas, as specified, and requires each local agency to designate, by ordinance, the very high fire hazard severity zones in its jurisdiction. Existing law additionally requires the director to classify lands within state responsibility areas into fire hazard severity zones.
This bill, beginning on or after January 1, 2022, would prohibit the legislative body of a city or county from entering into a residential development agreement for property located in a very high fire risk area. The bill would define “very high fire risk area” for these purposes to mean a very high fire hazard severity zone designated by a local agency or a fire hazard severity zone classified by the director.
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 and counties, including charter cities and charter counties.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65865.7 is added to the Government Code, to read:

65865.7.
 (a) Notwithstanding any other law, beginning on and after January 1, 2022, the legislative body of a city or county shall not enter into a residential development agreement for property located within a very high fire risk area.
(b) For purposes of this section, all of the following shall apply:
(1) “City” or “county” includes a charter city or a charter county.
(2) “Very high fire risk area” means any lands located within a very high fire hazard severity zone, as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code, or as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

SEC. 2.

 The Legislature finds and declares that prohibiting residential development in very high fire risk areas is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65865.7 of the Government Code applies to all cities and counties, including charter cities and counties.