SB815 - Planning and zoning: very high fire hazard areas.

Amended IN Senate April 24, 2025 Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 815 Introduced by Senators Allen and Stern February 21, 2025 An act to amend Section 65302 of, and to add Sections 65040.18 and 65302.11 to, the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST SB 815, as amended, Allen. Planning and zoning: very high fire risk hazard areas. (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. Existing law requires that the Office of Land Use and Climate Innovation, 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 January 1, 2026, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to improve safety and 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 residential structures in a very high fire risk hazard area, as defined, upon each revision of the housing element on or after January 1, 2026, to amend the land use element of its general plan to contain, consider, among other things, the goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection. The bill would also require the revised land use elements to contain, among other things, the locations of all very high fire risk hazard 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 also require the city or county to complete a review of, and make findings related to, the designation of lands within the jurisdiction as very high fire hazard severity zones, upon each subsequent revision of the housing element, as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program. (3) Existing law requires the Office of Land Use and Climate Innovation 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 Land Use and Climate Innovation, on or before January 1, 2027, in collaboration with cities and counties, to identify local ordinances, policies, and best practices relating to land use planning in very high fire risk hazard areas, as defined, wildfire risk reduction, and wildfire preparedness and publish these resources on the above-described clearinghouse, as specified. (4) 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 65040.18 is added to the Government Code, to read: 65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk hazard areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section. (b) For purposes of this section, “very high fire risk hazard area” means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179. SEC. 2. Section 65302 of the Government Code is amended to read: 65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following: (1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5). (2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace. (A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources. (B) The following definitions govern this paragraph: (i) “Military readiness activities” mean all of the following: (I) Training, support, and operations that prepare the members of the military for combat. (II) Operation, maintenance, and security of any military installation. (III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use. (ii) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code. (b) (1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan. (2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following: (i) Incorporate the principles of the Federal Highway Administration’s Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures. (ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan: (I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians. (II) Use evidence-based strategies, including strategies identified in the United States Department of Transportation’s Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I). (III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues. (C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan. (ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure. (iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element. (D) For the purposes of this paragraph, the following definitions shall apply: (i) “Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code. (ii) “Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code. (iii) “Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code. (iv) “Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code. (v) “Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code. (E) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors. (c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been subm [Text truncated for display. 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