BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2447|
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THIRD READING
Bill No: AB 2447
Author: Jones (D), et al
Amended: 8/13/08 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 6/25/08
AYES: Negrete McLeod, Kehoe, Machado
NOES: Cox, Harman
SENATE APPROPRIATIONS COMMITTEE : 9-6, 8/7/08
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Simitian, Yee
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
ASSEMBLY FLOOR : 43-34, 5/29/08 - See last page for vote
SUBJECT : Subdivision maps: denial of approval
SOURCE : Author
DIGEST : This bill requires a county board of supervisors
to deny approval of a tentative map, or a parcel map for
which a tentative map was not required, if the proposed map
is in a state responsibility area or a very high fire
hazard severity zone. The supervisors may approve a
tentative map, or a parcel map for which a tentative map
was not required, with specified exceptions.
ANALYSIS : The Subdivision Map Act (Act) regulates how
local officials approve the conversion of larger parcels
CONTINUED
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into marketable lots. Major subdivisions (more than four
lots) require a discretionary tentative map and a
ministerial final map. Approving a final map is a
ministerial decision. Minor subdivisions (four or fewer
lots, sometimes called lot-splits) usually require just a
single, discretionary parcel map. In some communities,
minor subdivisions require a tentative parcel map and then
a final parcel map, similar to major subdivisions.
All major local land use decisions, including subdivisions,
must be consistent with the city or county's general plan.
The Act requires city councils and county boards of
supervisors to deny a proposed tentative map or a proposed
parcel map that is not consistent with the local general
plan. Local officials must also deny a subdivision if its
design or improvement is not consistent with their local
general plan. If local officials find that a subdivision
is likely to cause environmental damage or cause serious
public health problems, they must deny the subdivision.
The Act requires cities and counties to include, as a
condition in their approval of a tentative map for a
subdivision with more than 500 dwelling units, that a
sufficient water supply must be available. Proof of
sufficient water must be based on a written verification
from the applicable public water system [SB 221 (Kuehl),
Chapter 642, Statutes of 2001]. Last year, the Legislature
prohibited some local officials from approving a
subdivision map without making findings, based on
substantial evidence, regarding the adequacy of flood
protection for parcels in a proposed subdivision [SB 5
(Machado), Chapter 364, Statutes of 2007].
The Board of Forestry and Fire Protection (Board)
designates the state responsibility area (SRA) where the
Department of Forestry and Fire Protection (CAL FIRE) is
responsible for wildland fire protection. State law
excludes land within a city from an SRA. The Board revises
its SRA designations every five years. The Director of CAL
FIRE must identify areas in the state as very high fire
hazard severity zones, based on fuel loading, slope, fire
weather, and other relevant factors.
This bill requires a county board of supervisors to deny
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approval of a tentative map, or a parcel map for which a
tentative map was not required, if the proposed map is in a
state responsibility area or a very high fire hazard
severity zone. The supervisors may approve a tentative
map, or a parcel map for which a tentative map was not
required, if it does all of the following:
1. Makes a finding supported by substantial evidence in the
record that the design and location of each lot in the
subdivision and the subdivision as a whole would allow
improvements, such as roads, turnarounds, defensible
space, and emergency water systems, to be made
consistent with specified regulations adopted by the
Board, or any regulation adopted by the county and
certified by the Board, as specified.
2. Obtains written verification from each fire protection
agency that has jurisdiction over the project site that
there is or will be sufficient structural fire
protection for the lots created by the subdivision
provided by either:
A. A county, city, special district, or political
subdivision of the state.
B. CAL FIRE by contract.
C. The applicable fire protection agency's written
verification of its ability or inability to provide
sufficient structural fire protection for the
proposed subdivision, as specified, shall be
supported by evidence based on its determination as
to its adequacy of equipment, personnel, and response
time.
3. Makes a finding that there is adequate ingress and
egress for the lots created by the subdivision,
including a minimum of two access roads into and out of
the subdivision for emergency equipment and evacuations.
Authorizes the Board to adopt a regulation that
provides for exceptions to the requirement, except on
subdivisions that have more than 25 lots.
4. Allows CAL FIRE to charge the subdividers a fee for each
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verification of sufficient fire protection done by the
department not to exceed the department's costs incurred
to complete the verification. Requires CAL FIRE to
deposit all fee revenue collected pursuant to this
subdivision in the Project Review Special Fund, which is
created by the bill. CAL FIRE may expend the moneys
deposited in the Project Review Special Fund, upon
appropriation by the Legislature, to complete the
verifications required by the bill.
Comments
Increasing numbers of Californians are moving into new
communities built in areas that were once wildlands, where
fire is a natural part of the ecosystem. CAL FIRE
estimates that there was a 20 percent increase in the
number of homes in the so-called wildland-urban interface
during the 1990s. Development in fire-prone areas
increases the costs of both fire prevention and
suppression, placing lives and property in harm's way.
Recent catastrophic fires underscore the risks posed by
development. By requiring new subdivisions in fire-prone
areas to meet crucial fire safety standards, this bill will
keep public expenditures under control, protect property,
and most importantly, save lives.
Related legislation . SB 1764 (Kehoe) requires a local
agency, on or after January 1, 2010, to choose whether or
not to obtain and pay the costs for an annual certification
by the State Fire Marshal to be eligible to receive a
percentage for a state share of fire disaster assistance in
excess of 75 percent.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2008-09 2009-10
2010-11 Fund
Board of Forestry up to $100
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$50$50 General
regulation/review
local regs
CAL FIRE: map $100 $200 $200
General
review/verification
SUPPORT : (Verified 8/13/08)
CDF Firefighters
California League of Conservation Voters
California Professional Firefighters
Endangered Habitats League
Natural Resources Defense Council
Planning and Conservation League
Serene Lakes Property Owners Association
Sierra Club California
OPPOSITION : (Verified 8/13/08)
California Building Industry Association
California Chamber of Commerce
California Forestry Association
California State Association of Counties
Regional Council of Rural Counties
Shasta County Board of Supervisors
ARGUMENTS IN SUPPORT : The author's office indicates
"This bill is about creating more building sites in high
fire hazard areas. ? Cal Fire and local governments have
made great strides in getting in place stricter building
and defensible space standards to help avoid even worse
loss of property in high risk areas. But, AB 2447
addresses the planning side of this issue by allowing a
county to approve a new subdivision in a high fire risk
area only if they find that they meet Cal Fire's
subdivision design standards, that the subdivision has more
than one way in and out to serve it, and that fire fighting
agencies certify that they can provide structural fire
protection for the new parcels that would be created. This
bill is needed now, as over the last few decades counties
have increasingly approved new lots in areas subject to a
high fire risk. Meanwhile, fire scientists and
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climatologists tell us that accelerating climate change
will bring more intense and more frequent fires. Both the
State Fire Marshall [sic] and the Director of Cal Fire have
raised strong concerns about new development in fire-prone
areas lacking sufficient local fire protection. When fire
does occur, firefighter's lives are put at risk defending
structures, homeowners risk loss of life and property and,
the cost of fire suppression is mainly funded from the
General Fund, so all Californians are paying for the local
decisions to approve new lots in high fire risk areas
without adequate fire protection. ? AB 2447 is not a
moratorium or prohibition on new subdivisions. The
approach [that is being] taken is [to] ask counties to be
more rigorous when they are considering creating more
building sites in these high fire risk areas. This is
similar to the approach taken in last year's flood
management bills, which ask local government to satisfy
some basic public safety and engineering concerns before
new development approved in the flood plain."
ARGUMENTS IN OPPOSITION : The California Forestry
Association "is concerned that AB 2447 would act as an
additional barrier to maximizing both short-tens and
long-term land uses, and would act as a potential
litigation tool against landowners who may be forced to
consider alternative land uses under certain market
conditions. The bill requires a county to deny approval of
a tentative map, or parcel map if a subdivision is in a
state responsibility area (SRA) or very high fire hazard
severity zone, unless the county can guarantee through
'substantial evidence' that the design and location of each
parcel and the map as a whole would allow a number of
improvements consistent with the State Board of Forestry
and Fire Protection's regulations. By requiring local
governments to conduct additional reviews on a
project-by-project basis, we think the bill would impose a
one-size fits all rule that will ultimately place undue
fiscal burdens on local governments, increase litigation
and slow the approval process, all at the expense of
landowners who may be forced to consider alternative
land uses."
ASSEMBLY FLOOR :
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AYES: Arambula, Beall, Berg, Brownley, Carter, Coto,
Davis, De La Torre, De Leon, DeSaulnier, Dymally, Eng,
Evans, Feuer, Fuentes, Furutani, Hancock, Hayashi,
Hernandez, Huffman, Jones, Karnette, Krekorian, Laird,
Leno, Levine, Lieber, Lieu, Ma, Mendoza, Mullin, Nava,
Nunez, Portantino, Price, Ruskin, Salas, Saldana,
Solorio, Swanson, Torrico, Wolk, Bass
NOES: Adams, Aghazarian, Anderson, Benoit, Berryhill,
Blakeslee, Cook, DeVore, Duvall, Emmerson, Fuller,
Gaines, Galgiani, Garcia, Garrick, Horton, Houston, Huff,
Jeffries, Keene, La Malfa, Maze, Nakanishi, Niello,
Parra, Plescia, Sharon Runner, Silva, Smyth, Spitzer,
Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Caballero, Charles Calderon, Soto
AGB:mw 8/13/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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