BILL ANALYSIS Ó AB 644 Page 1 ASSEMBLY THIRD READING AB 644 (Wood) As Amended April 13, 2015 Majority vote -------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+-----------------------+--------------------| |Local |9-0 |Maienschein, Gonzalez, | | |Government | |Alejo, Chiu, Cooley, | | | | |Gordon, Holden, | | | | |Linder, Waldron | | -------------------------------------------------------------------- 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. AB 644 Page 2 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. 3)Requires, pursuant to 1) and 2) above, if the subdivision of land would result in parcels that are 40 acres or smaller in size, that those parcels are subject to a binding restriction prohibiting the development of a building or structure. 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 a building or structure 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 AB 644 Page 3 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 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. AB 644 Page 4 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. 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; AB 644 Page 5 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 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, AB 644 Page 6 f) Open space for the protection of places, features, and objects, as specified. FISCAL EFFECT: None 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. This 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 a building or structure on that subdivided land that had previously been exempted pursuant to this bill's provisions, this 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 AB 644 Page 7 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 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 AB 644 Page 8 responsibility area or a very high fire hazard severity zone, to make 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 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. AB 644 Page 9 "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 6)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." AB 644 Page 10 7)Arguments in Opposition. None on file. Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0000138