BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 644 |Hearing |6/10/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Wood |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |4/13/15 |Fiscal: |No | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Favorini-Csorba | |: | | ----------------------------------------------------------------- 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. AB 644 (Wood) 6/13/15 Page 2 of ? 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 AB 644 (Wood) 6/13/15 Page 3 of ? 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. AB 644 (Wood) 6/13/15 Page 4 of ? 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 AB 644 (Wood) 6/13/15 Page 5 of ? 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 AB 644 (Wood) 6/13/15 Page 6 of ? Opposition (6/4/15) Support : County of Humboldt (sponsor). California State Association of Counties. Opposition : Unknown. -- END --