BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 644 Hearing Date: July 14,
2015
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|Author: |Wood | | |
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|Version: |June 16, 2015 Amended |
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|Urgency: |No |Fiscal: |No |
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|Consultant |William Craven |
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Subject: Land use: general plan: safety element: fire hazard
impacts.
BACKGROUND AND EXISTING LAW
1. The Board of Forestry (Board) determines which lands in
wildland areas are designated as "state responsibility areas"
(SRA) for purposes of fire suppression.
2. Separate regulations apply to lands that are not in SRA that
are designated as high fire hazard severity zones and that often
are developed into rural subdivisions.
3. Before subdividing land in SRA, existing law requires that
the legislative body of a county make three findings supported
by substantial evidence in the record:
a) That the design and location of each lot and the
subdivision as a whole comply with defensible space
and other regulations of the Board.
b) That structural fire protection services are
provided by a local public fire agency or by contract
with the Department of Forestry and Fire Protection
(CDF).
c) That the subdivision complies with state and local
regulations regarding road standards for fire
equipment access.
AB 644 (Wood) Page 2
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PROPOSED LAW
This bill creates an exception to the findings requirements
noted above. Those findings would not be required when lands are
proposed exclusively for resource management, development of
habitable structures is prohibited and subject to a binding
restriction, and the parcel size is 40 acres or smaller. If
barns or other out-buildings are constructed, they must comply
with existing defensible space regulations of the Board or
stricter local regulations.
Such resource management lands could be forestland, rangelands,
agricultural lands, or other purposes when that purpose is
consistent with the open space element of the jurisdiction's
general plan.
ARGUMENTS IN SUPPORT
1)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.
"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
AB 644 (Wood) Page 3
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meeting compliance. The result is the loss of open space and
land in its natural state."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
1) The lands that would be subject to this bill will forgo their
development rights. Thus, these lands will not continue the
historic trend of rural subdivisions being authorized without
providing adequate fire protection. The only way the parcels
subdivided pursuant to this bill could be developed is to return
to the legislative body of the local government for a vote to
remove the binding restriction and then to comply with the
findings that are set forth above.
2) In consultation with the author, the Committee is suggesting
a technical amendment that clarifies that the binding
restriction is recorded.
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 3, line 12, after "binding" add "and recorded"
SUPPORT
Humboldt County Board of Supervisors (sponsor)
California State Association of Counties
OPPOSITION
None Received
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