Ben Allen

(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 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 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 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 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.