BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 644


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          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