BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2447
                                                                  Page  1

          Date of Hearing:  April 30, 2008

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                             Anna Marie Caballero, Chair
                    AB 2447 (Jones) - As Amended:  April 17, 2008
           
          SUBJECT  :  Subdivision map act: disapproval.

           SUMMARY  :  Requires a county to deny approval of a tentative map  
          or parcel map if the proposed map will cause increased  
          development in a state responsibility area or a very high fire  
          hazard severity zone as designated by the Department of Forestry  
          and Fire Protection, with specified exceptions.  Specifically,  
           this bill  :

          1)Requires a county to deny approval of a tentative map or  
            parcel map if the proposed map is in a state responsibility  
            area (SRA) or a very high fire hazard severity zone as  
            designated by the Department of Forestry and Fire Protection  
            (Cal Fire).

          2)Permits a county to approve the tentative or parcel map if the  
            county does all of the following:

             a)   Makes a finding, based on substantial evidence, that the  
               design and location of the subdivision will not increase  
               the risk of wildfire and that structures can be built on  
               the parcels that would be created consistent with any  
               regulations promulgated by Cal Fire that govern  
               construction in fire-prone areas reimbursed fully by the  
               county for the area in which the proposed subdivision is  
               located;

             b)   Makes a finding, based on substantial evidence, that  
               sufficient fire protection and suppression services will be  
               available for the subdivision through one of the following  
               methods:

                i)      Creating a community facilities district for fire  
                  protection for the affected area pursuant to Section  
                  53313 of the Government Code;

                ii)     Requiring the annexation of the affected land to a  
                  city or special district that provides structural fire  
                  protection;








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                iii)    Contracting with Cal Fire to provide fire  
                  protection services until, or unless, the county  
                  provides fire protection pursuant to the above  
                  subparagraphs and verifies there is, or will be,  
                  sufficient fiscal resources, equipment, and water supply  
                  and pressure to suppress fire; and

             c)   Makes a finding that there is adequate ingress and  
               egress for the subdivision, including a minimum of two  
               access ways into and out of the subdivision for emergency  
               equipment and evacuations.           




           EXISTING LAW  :

          1)Requires, pursuant to the Subdivision Map Act, the legislative  
            body of a city or county to deny approval of a tentative map,  
            or a parcel map for which a tentative map was not required, if  
            it makes certain findings.

          2)Requires the director of Cal Fire to identify areas in the  
            state as very high fire hazard severity zones based on  
            consistent statewide criteria and the severity of fire hazard  
            that is expected to prevail in those areas as determined by  
            fuel loading, slope, fire weather, and other relevant factors.

          3)Defines SRAs as areas of the state in which the financial  
            responsibility of preventing and suppressing fires has been  
            determined by the Board of Forestry to be primarily the  
            responsibility of the state.

           FISCAL EFFECT  :  None

           COMMENTS  :

          1)AB 2447 attempts to put into place what seems like a very  
            common-sense proposal:  don't build houses in places where  
            they're highly likely to burn down in wildfires.  According to  
            the author, over the last few decades counties have approved  
            new subdivisions in rural areas that are subject to a high  
            risk of fire danger at a rapid pace due to California's  
            population growth and growing demand for homes away from urban  








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            areas.  According to a USA Today analysis, building in fire  
            prone areas in California has been running at twice the state  
            average.  At the same time, Cal Fire keeps expanding the area  
            it considers dangerously fire-prone.  From 2000-2005, land  
            designated as SRAs increased by 284,812 acres due to more  
            accurate assessments by Cal Fire and the Board of Forestry.   
            Accelerated climate change is exacerbating the problem.  There  
            is near consensus among fire scientists and climatologists  
            that fires will be more intense and more frequent due to  
            global warming.

          2)When fire does occur, the costs of fire suppression are paid  
            mainly from the state's General Fund.  Cal Fire fights all  
            fires in SRAs regardless of the cause of the fire or whether  
            there are any structures at risk.  According to the author,  
            this means that all Californians are paying not only for the  
            choices of individuals to build homes in areas of high fire  
            risk but also for the decisions of some local governments to  
            approve new development in those areas.  

          3)While the author believes that significant progress has been  
            made in the areas of stricter building standards and  
            requirements for defensible space for homes already approved  
            for fire-prone areas, he also believes that more emphasis  
            should be put on whether the homes should be approved in the  
            first place, and what a county that wishes to approve such a  
            development should have to demonstrate in order to proceed.

          4)AB 2447 takes an approach to approving development pursuant to  
            the Map Act in areas of high fire risk somewhat similar to  
            that taken by SB 221 (Kuehl), Chapter 642, Statutes of 
          2001, which requires proof of adequate water supply prior to map  
            approval, and by SB 5 (Machado), Chapter 364, Statutes of  
            2007, which prohibits map approval for specified flood-prone  
            areas unless the city or county makes findings concerning the  
            adequacy of flood protection for the area.  AB 2447 prohibits  
            a county from approving a tentative map or parcel map if the  
            proposed map is in an SRA or a very high fire hazard severity  
            zone as designated by Cal Fire unless the county can make  
            findings that the proposed development is located and designed  
            in a way that does not increase the risk of wildfire, that  
            sufficient fire protection and suppression services will be  
            both available and adequately supplied and funded on an  
            ongoing basis, and that residents and firefighters will be  
            able to get in and out from more than one direction in the  








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            event of a fire.

          5)In its current form, AB 2447 requires that, in order to  
            approve a development in an SRA or very high fire hazard  
            severity zone, a county must make substantial findings that  
            the design and location of the subdivision will not increase  
            the risk of wildfire and that structures can be built on the  
            parcels that would be created consistent with any regulations  
            promulgated by Cal Fire that govern construction in fire-prone  
            areas.  This requirement is somewhat vague, and places the  
            onus on the county to determine that the design and location  
            of the subdivision will not increase the risk of wildfire.  A  
            substantial body of fire protection regulations already  
            exists.  The burden on counties created by AB 2447 could be  
            lessened by requiring that the county certify that the design  
            and location of each parcel, and the map as a whole, is or can  
            be made consistent with applicable existing state fire  
            protection regulations.  This would make AB 2447 more  
            consistent with the model created by SB 221 and SB 5 by having  
            the governing body make its determination based on an outside  
            source rather than its own expertise or lack thereof.

           6)PROPOSED AUTHOR'S AMENDMENTS  .  The author proposes to amend AB  
            2447 as follows:

             a)   On page 2, delete lines 12 through 17, inclusive, and  
               insert:

             Makes a finding supported by substantial evidence that the  
               design and location of each parcel and the map as a whole  
               would allow improvements, such as roads, turnarounds,  
               defensible space, and emergency water systems, to be made  
               consistent with the regulations promulgated by the Board of  
               Forestry pursuant to Public Resources Code Section 4290 and  
               4291 at CCR Title 14, Division 1.5,  Chapter 7, Subchapters  
               2 and 3;

             b)   On page 2, delete line 27 after the word "services" and  
               lines 28 through 31, inclusive, and insert:

             (D) Demonstrating, for subparagraphs (A) and (B) above, that  
               there is or will be at the time occupancy permits are  
               issued for any structures sufficient fiscal resources,  
               personnel, equipment, and emergency water systems to  
               protect against and suppress fire on the parcels proposed  








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               by the map on an ongoing basis. 

           7)PROPOSED COMMITTEE AMENDMENT  .  Under exiting law all fire  
            suppression service providers are required to respond to fires  
            in their areas under the State Mutual Aid Agreement.  For  
            example, if there is a fire within a city fire station's  
            jurisdiction but there is a special district fire station that  
            is located closer to the fire, the special district is  
            required to respond to the fire first.  Furthermore, fire  
            departments across the state are required to respond to large  
            fires all over California.  In most cases across the state  
            fire suppression service is provided by a city, special  
            district, or Cal Fire.  Only in a few cases are there  
            county-run fire departments.  Since counties neither provide  
            nor fund fire protection in most cases, it seems that they  
            should not be held financially responsible for ensuring that  
            there is adequate fire protection for a new development, since  
            the resources lie outside of their jurisdictions.  The SB  
            221/SB 5 model would indicate that obtaining certification  
            from the agency or agencies that are responsible for providing  
            and funding fire protection should be adequate.  If this  
            certification cannot be obtained, then the county would be  
            required to disapprove the map.

          The Committee may wish to request that the author amend the bill  
            to delete subsection (b)(2) and replace it with language  
            requiring the county to obtain certification for the  
            appropriate agencies that fire protection can be provided and  
            funded for the new development.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support                             
           
          CDF Firefighters                   
          Endangered Habitats League         
          Planning and Conservation League   
          Serene Lakes Property Owners Association
          Sierra Club CA

           Opposition 
           
          CA Building Industry Association
          CA State Association of Counties (unless amended)
          Regional Council of Rural Counties (unless amended)








                                                                  AB 2447
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          Analysis Prepared by  :    J. Stacey Sullivan / L. GOV. / (916)  
          319-3958