BILL ANALYSIS Ó
AB 644
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Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 644
(Wood) - As Introduced February 24, 2015
SUBJECT: Land use: general plan: safety element: fire hazard
impacts.
SUMMARY: Removes the requirement that a county make findings
pursuant to the Subdivision Map Act for an area located in a
state responsibility area or a very high fire hazard severity
zone, in certain instances. Specifically, this bill:
1)Creates, for a proposed subdivision of land that is identified
in the open space element of the general plan and is in an
area located in a state responsibility area or a very high
fire hazard severity zone, an exception from existing law that
requires a county to make three specified findings prior to
approving a tentative map or a parcel map.
2)Limits the exception in 1), above, to those proposed
subdivisions of land identified in the open space element for
the management of resources, including, but not limited to,
forest land, rangeland, agricultural land, and areas of
economic importance for the production of food or fiber, and
requires the proposed subdivision of land to be consistent
with the open space purpose.
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3)Requires, pursuant to 1) and 2), above, if the subdivision of
land would result in parcels that are unspecified in acreage,
that those parcels are subject to a binding restriction
prohibiting the development of residential buildings or
structures.
4)Requires any later approval of a tentative map or a parcel map
for which a tentative map was not required that would allow
the development of residential buildings or structures for a
parcel that had previously been exempted pursuant to 1),
above, to then be subject to existing law that requires a
county to make specified findings prior to approving a
tentative map or a parcel map.
EXISTING LAW:
1)Establishes, pursuant to the Subdivision Map Act, a statewide
regulatory framework for controlling the subdividing of land,
which generally requires a subdivider to submit, and have
approved by the city, county, or city and county in which the
land is situated, a tentative map.
2)Requires a legislative body of a county, before approving a
tentative map, or a parcel map for which a tentative map was
not required, for an area located in a state responsibility
area or a very high fire hazard severity zone, to make the
following three findings:
a) 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, are consistent with any applicable regulations
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adopted by the State Board of Forestry and Fire Protection
(Board), as specified;
b) A finding supported by substantial evidence in the
record that structural fire protection and suppression
services will be available for the subdivision through any
of the following entities:
i) A county, city, special district, political
subdivision of the state, or another entity organized
solely to provide fire protection services that is
monitored and funded by a county or other public entity;
or,
ii) The Department of Forestry and Fire Protection (CAL
FIRE) by contract entered into, as specified; and,
c) A finding that to the extent practicable, ingress and
egress for the subdivision meets the regulations regarding
road standards for fire equipment access adopted pursuant
to any applicable local ordinance, as specified.
3)Defines "state responsibility areas" to mean areas of the
state in which the financial responsibility of preventing and
suppressing fires has been determined by the Board, to be
primarily the responsibility of the state.
4)Requires the Director of the CAL FIRE to identify areas in the
state as very high fire hazard severity zones based on
consistent statewide criteria and based on the severity of
fire hazard that is expected to prevail in those areas, and
defines "very high fire hazard severity zone" to mean an area
designated by the director that is not a state responsibility
area.
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5)Requires each planning agency to prepare and the legislative
body of each county and city to adopt a comprehensive,
long-term general plan for the physical development of the
county or city, and of any land outside its boundaries which
in the planning agency's judgment bears relation to its
planning.
6)Requires the general plan to address seven mandatory elements
including land use, circulation, housing, conservation,
open-space, noise and safety.
7)Defines the "local open-space plan" to mean the open-space
element of a county or city general plan adopted by the board
or council, as specified.
8)Defines "open-space land" to mean any parcel or area of land
or water that is essentially unimproved and devoted to an
open-space use, as defined, and that is designated on a local,
regional or state open-space plan as any of the following:
a) Open space for the preservation of natural resources,
including, but not limited to, areas required for the
preservation of plant and animal life, including habitat
for fish and wildlife species; areas required for ecologic
and other scientific study purposes; rivers, streams, bays
and estuaries; and, coastal beaches, lakeshores, banks of
rivers and streams, and watershed lands;
b) Open space used for the managed production of resources,
including, but not limited to, forest lands, rangeland,
agricultural lands and areas of economic importance for the
production of food or fiber; areas required for recharge or
groundwater basins; bays, estuaries, marshes, rivers and
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streams which are important for the management of
commercial fisheries; and, areas containing major mineral
deposits, including those in short supply;
c) Open space for outdoor recreation, including, but not
limited to, areas of outstanding scenic, historic and
cultural value; areas particularly suited for park and
recreation purposes, including access to lakeshores,
beaches, and rivers and streams; and, areas which serve as
links between major recreation and open-space reservations,
including utility easements, banks of rivers and streams,
trails, and scenic highway corridors;
d) Open space for public health and safety, including, but
not limited to, areas which require special management of
regulation because of hazardous or special conditions such
as earthquake fault zones, unstable soil areas, flood
plains, watersheds, areas presenting high fire risks, areas
required for the protection of water quality and water
reservoirs and areas required for the protection and
enhancement of air quality.
e) Open space in support of the mission of military
installations that comprises areas adjacent to military
installations, military training routes, and underlying
restricted airspace that can provide additional buffer
zones to military activities and complement the resource
values of the military lands; and,
f) Open space for the protection of places, features, and
objects, as specified.
FISCAL EFFECT: None
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COMMENTS:
1)Bill Summary. This bill, for a proposed subdivision of land
that is identified in the open space element of the general
plan and is in an area located in a state responsibility area
or
a very high fire hazard severity zone, creates an exception from
existing law that requires
a county that is approving the subdivision to make three
specified findings prior to approving a tentative map or a
parcel map. The bill specifically limits the exception to
those proposed subdivisions of land identified in the county's
open space element for the management of resources, including,
but not limited to, forest land, rangeland, agricultural land,
and areas
of economic importance for the production of food or fiber, and
requires the subdivision |
to be consistent with the open space purpose.
Should there be a later approval of a tentative map or a
parcel map that would allow the development of residential
buildings or structures on that subdivided land that had
previously been exempted pursuant to the bill's provisions,
the bill requires that that subdivision shall be subject to
the county making the three specified findings in current law
prior to map approval.
This bill is sponsored by the County of Humboldt.
2)Fire Protection in California. Wildland fire protection in
California is the responsibility of either the state, local
government, or the federal government. Lands that are
classified by the Board where the financial responsibility of
preventing and suppressing forest fires is primarily the
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responsibility of the state are known as state responsibility
areas. Other areas, known as local responsibility areas,
include incorporated cities, cultivated agriculture lands, and
portions of the desert, and in these local responsibility
areas, fire protection is typically provided by city fire
departments, fire protection districts, counties, and by CAL
FIRE under contract to local government.
Existing law 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 based on the
severity of fire hazard that is expected to prevail in those
areas. Very high fire hazard severity zones are based on fuel
loading, slope, fire weather and other factors.
This bill is focused on two different types of land - state
responsibility area land, and very high fire hazard severity
zone land that is not a state responsibility area.
3)Subdivision Map Act and Land in a State Responsibility Area or
Very High Fire Hazard Severity Zone. Cities and counties,
pursuant to the Subdivision Map Act, approve tentative maps
that must be consistent with their general plans, attaching
scores of conditions. Once subdividers comply with those
conditions, local officials must issue final maps. For
smaller subdivisions (lot splits) local officials usually use
parcel maps, but they can require tentative parcel maps
followed by final parcel maps. These maps follow statutory
expiration dates.
Existing law requires a legislative body of a county, before
approving a tentative map, or a parcel map for which a
tentative map was not required, for an area located in a state
responsibility area or a very high fire hazard severity zone,
to make three findings:
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a) 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, are consistent with any applicable regulations
adopted by the Board, as specified;
b) A finding supported by substantial evidence in the
record that structural fire protection and suppression
services will be available for the subdivision through any
of the following entities:
i) A county, city, special district, political
subdivision of the state, or another entity organized
solely to provide fire protection services that is
monitored and funded by a county or other public entity;
or,
ii) CAL FIRE by contract entered into, as specified;
and,
c) A finding that to the extent practicable, ingress and
egress for the subdivision meets the regulations regarding
road standards for fire equipment access adopted pursuant
to any applicable local ordinance, as specified.
4)Author's Statement. According to the author, "Under current
law, properties within a state responsibility area that are
undergoing a subdivision - through the Subdivision Map Act -
must go to the local jurisdiction and undergo a finding
process. Among the findings required is proof that
arrangements have been made for fire services, ensuring that
the property is no longer a state responsibility area.
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"The options available to property owners in rural areas that
provide the necessary fire services cost thousands of dollars
and often take years to complete. Generally, once land is
subdivided it is then developed and the revenues generated
from this new development more than offset the cost of
providing fire services. However, if land is intended to
remain open space after the subdivision, it will not generate
new revenue and the process of providing the necessary fire
services becomes prohibitively expensive.
"For example, when an owner of open space land passes away and
the property is passed down to multiple family members, the
land undergoes a subdivision. Often the family members would
like to keep the land as open space, or for resource
management, such as cattle grazing. The current process is
expensive and burdensome, and at times, forces family members
to sell their family's land in order to cover the costs of
meeting compliance. The result is the loss of open space and
land in its natural state."
5)Previous Legislation. SB 1241 (Kehoe), Chapter 311, Statutes
of 2012, required cities and counties to address fire risks in
the safety element of their general plans upon the next
revision of the housing element, and required cities and
counties to make certain findings regarding available fire
protection and suppression services before approving a
tentative map or a parcel map. This bill modifies the
findings section added by SB 1241.
6)Committee Amendments. The Committee may wish to ask the
author and sponsor to take the following amendments:
a) Unspecified Acreage. The bill currently contains a
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blank, in terms of the requirement that says that "if, for
the subdivision of land that would result in parcels that
are ___ acres or smaller in size, those parcels are subject
to a binding restriction prohibiting the development of
residential buildings or structures."
The author has indicated plans to amend the bill to specify
40 acres or smaller in size for the blank in the bill.
b) Development of Buildings or Structures. The Committee
may wish to consider whether there are other types of
development besides residential buildings or structures
that might warrant some sort of fire protection and make
that clear with the following amendments:
(b) (1) Subdivision (a) does not apply to the
approval of a tentative map, or a parcel
map for which a tentative map was not required, that would
subdivide land identified in
the open space element of the general plan for the
management of resources, including,
but not limited to, forest land, rangeland, agricultural
land, and areas of economic importance for the production
of food or fiber, if the subdivision is
consistent with the open space purpose and if, for the
subdivision of land that would
result in parcels that are ____ acres or smaller in size,
those parcels are subject to a
binding restriction prohibiting the development of
residential buildings or structures.
(2) Any later approval of a tentative map, or a
parcel map for which a tentative map
was not required, that would allow the development of
residential buildings or
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structures for a parcel that has previously been exempted
from the requirements of
subdivision (a) pursuant to paragraph (1) of this
subdivision shall be subject to the
requirements of subdivision (a).
7)Arguments in Support. According to the sponsor, Humboldt
County, this bill "allows for the subdivision of lands to
continue without the finding of structural fire protection on
open space lands, prohibiting the development of residential
buildings or structures."
8)Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
County of Humboldt [SPONSOR]
Opposition
None on file
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Analysis Prepared by:Debbie Michel / L. GOV. / (916) 319-3958