BILL ANALYSIS Ó
AB 644
Page 1
ASSEMBLY THIRD READING
AB
644 (Wood)
As Amended April 13, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+-----------------------+--------------------|
|Local |9-0 |Maienschein, Gonzalez, | |
|Government | |Alejo, Chiu, Cooley, | |
| | |Gordon, Holden, | |
| | |Linder, Waldron | |
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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.
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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
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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.
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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;
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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,
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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
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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
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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.
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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
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."
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7)Arguments in Opposition. None on file.
Analysis Prepared by:
Debbie Michel / L. GOV. / (916) 319-3958 FN:
0000138