BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 644                           |Hearing    |6/10/15  |
          |          |                                 |Date:      |         |
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          |Author:   |Wood                             |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |4/13/15                          |Fiscal:    |No       |
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          |Consultant|Favorini-Csorba                                       |
          |:         |                                                      |
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                          FIRE HAZARDS AND LAND USE PLANNING



          Exempts counties from making certain fire-related findings on  
          subdivision approvals if the subdivided land is identified in  
          the open space element of the county's general plan.



           Background and Existing Law

           The California Department of Forestry and Fire Protection  
          (CALFIRE) provides wildland fire protection on non-federal lands  
          outside cities.  To meet this duty, the State Board of Forestry  
          and Fire Protection designates the State Responsibility Area  
          (SRA) every five years.  Within SRA lands, the Director of  
          CALFIRE designates fire hazard severity zones.  SRA landowners  
          must follow specified fire prevention practices.  After the 1991  
          Oakland-Berkeley fire storm, the Legislature required CALFIRE to  
          designate very high fire hazard severity zones.  Landowners in  
          these areas must follow specified fire prevention practices (AB  
          337, Bates, 1992).

          In the aftermath of annual wildfires, state and local officials  
          have considered options to reduce the loss of lives and property  
          and address high costs of local fire protection agencies when  
          fighting wildfires in developed areas.  One way to avoid or  
          mitigate these losses and costs is to use land use planning to  
          guide decisions about future development.







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          Every county and city must adopt a general plan with seven  
          mandatory elements: land use, circulation, housing,  
          conservation, open space, noise, and safety.  Cities' and  
          counties' major land use decisions-subdivisions, zoning, public  
          works projects, use permits-must be consistent with their  
          general plans.  

          The Subdivision Map Act regulates how local officials approve  
          the conversion of larger parcels into marketable lots.  Major  
          subdivisions-more than four lots-require a discretionary  
          tentative map and a ministerial final map.  Minor  
          subdivisions-four or fewer lots, called "lot splits"-usually  
          require a single, discretionary parcel map.  In some  
          communities, minor subdivisions require a tentative parcel map  
          and a final parcel map, similar to major subdivisions.

          All local land use decisions, including subdivision, must be  
          consistent with the city or county's general plan.  If a  
          subdivision is not consistent with the local general plan, or if  
          a subdivision's design or improvement is not consistent with the  
          local general plan, the Map Act requires city councils and  
          county boards of supervisors to deny a proposed tentative map or  
          proposed parcel map.  If a subdivision may likely cause  
          environment damage or public health problems, then local  
          officials must also deny the subdivision.  

          SB 1241 (Kehoe, 2012) requires city councils and county boards  
          of supervisors to make three findings, supported by substantial  
          evidence, before approving a tentative map or parcel map:

                 The design and location of each lot in the subdivision,  
               and the subdivision as a whole, are consistent with the  
               State Board of Forestry and Fire Protection's applicable  
               regulations.

                 A finding supported by substantial evidence that  
               structural fire protection and suppression services will be  
               available for the subdivision through any of the following  
               entities:  

                  o         A county, city, special district, or political  
                    subdivision of the state, or another entity organized  
                    solely to provide fire protection services that is  








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                    monitored and funded by a county or other public  
                    agency.  

                  o         The Department of Forestry and Fire Protection  
                    by contract. 

                 Ingress and egress for the subdivision meets regulations  
               regarding road standards for fire equipment access adopted  
               by the State Board of Forestry and Fire Protection pursuant  
               to a specified statute.   

          SB 1241 (Kehoe) was intended to improve land use planning to  
          minimize fire risk posed by new developments.  In doing so, it  
          placed additional burden on counties.  Some counties want to  
          ease that burden and smooth the process for some subdivision  
          proposals.  


           Proposed Law

           Assembly Bill 644 exempts counties from the requirement enacted  
          by SB 1241 that counties must make findings for certain  
          tentative maps or parcel maps.  Specifically, in order to be  
          exempt, AB 644 requires that the tentative maps or parcel maps  
          must both: 
                 Subdivide land identified in the open space element of  
               the county's general plan for the management of resources  
               (such as forest land, rangeland, and agricultural land). 
                 Be consistent with the open space purpose in the general  
               plan. 

          The exemption in AB 644 does not apply to:
                 Tentative maps or parcel maps that result in parcels  
               that are smaller than 40 acres, unless those parcels are  
               subject to a binding restriction that prohibits development  
               of buildings or structures on the land.
                 Future approvals of tentative maps or parcel maps that  
               allow development on previously exempt parcels.

           State Revenue Impact

           No estimate.










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           Comments

           1.  Purpose of the bill  . AB 644 streamlines the approval process  
          of subdivisions that present no increased fire risk and are  
          consistent with a county's general plan by creating a narrowly  
          crafted exemption to the requirements enacted by SB 1241  
          (Kehoe).  The exemption only applies to one specific land  
          use-the management of resources.  Such an exemption poses  
          minimal increased fire risk because this type of land use does  
          not expose many lives or structures to fire hazards.  In  
          addition, the bill includes two provisions intended to prevent  
          an increase in fire risk.  First, the requirement for a binding  
          restriction that prevents development on parcels smaller than 40  
          acres creates an additional safeguard that few additional lives  
          or structures would be exposed to fire hazards. Second, the bill  
          addresses any concern that this exemption could be used to allow  
          development that increases fire risk to proceed at a later time.  
           It closes this potential loophole by explicitly stating that  
          future tentative maps or parcel maps that would allow  
          development are subject to the requirements of SB 1241.   
          Finally, the bill conforms to the existing statutory requirement  
          that major land use decisions must be consistent with a county's  
          general plan by requiring the exempted subdivision to be  
          consistent with the open space purpose in the county's general  
          plan.

          2.  Too Soon?  AB 644 raises the question of whether now is the  
          right time to pursue these changes. AB 644 would amend the  
          provisions of SB 1241 (Kehoe, 2012).  Given that SB 1241 went  
          into effect just over two years ago, approving this bill could  
          open the door for additional-and potentially more  
          substantial-amendments to SB 1241 earlier than necessary.  Are  
          these changes urgent enough to balance out that risk?  In  
          addition, the Legislature has authorized the study of the  
          Subdivision Map Act by the California Law Revision Commission.   
          The California Law Revision Commission is tasked with reviewing  
          the law to identify defects and recommend changes in order to  
          allow the Legislature to focus on major policy changes.  The Map  
          Act was most recently reauthorized for study in 2014 by SCR 83  
          (Monning).  The Committee may wish to consider whether it should  
          allow the commission to study the Map Act before making  
          additional changes to it. 

          3.  Under development  . AB 644 would not exempt maps that result  








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          in parcels smaller than 40 acres unless those parcels are  
          subject to binding restrictions that prohibit any development of  
          buildings or structures.  However, agricultural activities and  
          other activities that are consistent with the open space purpose  
          may require incidental structures, such as water towers, to be  
          constructed.  As such, the author plans to amend AB 644 to allow  
          some incidental structures that do not significantly increase  
          fire risk or expose lives to danger and that comply with  
          existing statutory requirements for clearing space around  
          structures, as follows:

                 On page 3, line 8, strike out "a building or structure"  
               and insert "habitable, industrial, or commercial buildings  
               or structures.  All other structures must comply with  
               defensible space requirements per Public Resources Code  
               Section 4291 or Government Code Section 51182."

          4.  Let's be clear  . In order to clarify that any later  
          subdivision map approvals which would result in development  
          would trigger the need to make the fire-related findings, the  
          author plans to amend AB 644 as follows:

                 On page 3, line 9, after "approval" insert "to remove a  
               binding restriction placed as a condition".

          5.  Technical Amendment . AB 644 creates an exemption for  
          open-space land with the purpose of "management of resources."  
          However, existing statute (Government Code §65560(b)) lists the  
          "managed production of resources" as a purpose of open-space  
          land. To make AB 644's language consistent with existing  
          statute, the Committee may wish to consider the following  
          technical amendment:
                 On page 3, line 1, strike out "management of resources"  
               and insert "managed production of resources".

           


          Assembly Actions

           Assembly Local Government Committee:              9-0
          Assembly Floor:                                   77-0

           Support and  








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          Opposition   (6/4/15)


           Support  :  County of Humboldt (sponsor). California State  
          Association of Counties.

           Opposition  :  Unknown.


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