BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Tom Torlakson, Chairman
2447 (Jones)
Hearing Date: 8/7/08 Amended: 7/10/08
Consultant: Mark McKenzie Policy Vote: L.Gov. 3-2
_________________________________________________________________
____
BILL SUMMARY: AB 2447 would prohibit a county board of
supervisors (county) from approving a tentative subdivision map
or parcel map if the proposed development is in a state
responsibility area (SRA) or a very high fire hazard severity
zone (VHFHSZ), unless the following conditions are met:
The county makes a finding that the subdivision, and each lot
therein, would allow improvements (such as roads, turnarounds,
defensible space, and emergency water systems) to be made for
consistency with specified regulations adopted by the State
Board of Forestry and Fire Protection (BOF).
Each fire protection agency that has jurisdiction over the
site verifies that there is or will be sufficient structural
fire protection for the lots in the proposed subdivision.
The county makes a finding that there is adequate ingress and
egress for the lots created by the subdivision, including a
minimum of two access roads to the subdivision for emergency
equipment and evacuations.
This bill would also authorize SBFFP to adopt regulations that
provide exceptions to the above prohibition, based on factors
such as the number of lots, topography, and land-ownership
patterns, as specified, but would not allow exceptions for
subdivisions of more than 25 lots.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2008-09 2009-10 2010-11 Fund
BOF regulations / review local regs up to $100
$50$50General
CAL FIRE: map review / verification $100 $200
$200General
--------see staff comments--------
_________________________________________________________________
____
STAFF COMMENTS: SUSPENSE FILE.
Existing law requires the California Department of Forestry and
Fire Protection (CAL FIRE) to provide fire protection on lands
that are deemed to be in the "state responsibility area." SRAs
are generally lands that are largely covered by trees, brush,
and grass and other undeveloped lands, but do not include
federally owned or controlled land, or land within a city.
Existing law requires CAL FIRE to identify areas in the state
that are very high fire hazard severity zones, based on fuel
loading, slope, fire weather, and other relevant factors. CAL
FIRE is also required to revise its SRA designations every five
years. Even though state law does not require local governments
to provide fire protection within SRAs, in practice they have
assumed the responsibility for structure protection and basic
medical assistance. According to the LAO, about 70% of SRA land
is covered by some form of local fire protection.
Page 2
AB 2447 (Jones)
The Subdivision Map Act regulates how local officials approve
the conversion of larger parcels into marketable lots.
Generally, subdivisions of more than four lots require approval
of a tentative map (and later a final map), while smaller
lot-split developments usually require the approval of a parcel
map. The Map Act requires local officials to deny a proposed
tentative map or parcel map that is not consistent with the
local general plan. 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 of
2001, which requires proof of adequate water supply prior to map
approval, and by SB 5 (Machado), Chapter 364 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.
According to the Legislative Analyst's Office Analysis of the
2008-2009 Budget Bill, the state has experienced significant
housing development over the last several decades at the
boundary between wildlands and urban areas, known as the
wildland urban interface. Despite the fact that the total
acreage in SRA has remained stable over the last 15 years, the
number of housing units in SRA has increased by 15% over this
period, even though CAL FIRE is required to remove property from
an SRA every five years if there are more than three units per
acre. Based on 2005 data, the LAO reports there are about
870,000 housing units in SRAs and the trend is upward. This
bill would limit development in SRAs, unless adequate fire
protection conditions are met.
AB 2447 would authorize BOF to adopt a regulation that provides
for an exception to the prohibition against approving
subdivision proposals, based upon local conditions. The
regulation must require that physical or land-ownership
constraints and a possible redesign of the subdivision,
including a reduction in the number of proposed lots or a
reconfiguration of the roads and lots, be considered before
granting an exception. No exceptions would be authorized for
subdivisions of more than 25 lots. BOF estimates that the
promulgation of these regulations would require up to 1 PY of
staff time (regulations officer) at a cost of $25,000 to
$100,000, with ongoing annual review of local safety regulations
of approximately $50,000.
CAL FIRE estimates a need for two additional PY of research
specialist staff to collect information on land exchanges,
monitor annexations to cities, and adjust maps to reflect
permanent changes in the wildland fuels. In addition to mapping
duties, CAL FIRE claims a need for $500,000 in information
technology support to create a dynamic geographic information
system for maintaining SRA and fire hazard severity zone maps.
CAL FIRE has stated that it is unable to provide current
vegetation and fire history information to its units. This base
data is critical for determining whether proposed projects would
be excluded from the SRA and would also be essential in
reviewing CEQA documents. Staff notes that in order for the
department to do an effective job of fire protection and
prevention in the SRA, this information is critical to their
mission and should be part of its existing programs. The
current vegetation mapping is about six years old. The cost of
updating and maintaining this information should not be
attributed to this bill. Staff estimates that the review of
proposed development projects, researching maps, and determining
whether there is adequate fire protection to support additional
development would likely result in a cost of perhaps $200,000
annually.