BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 644|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: AB 644
Author: Wood (D)
Amended: 7/16/15 in Senate
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/10/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,
Pavley
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
ASSEMBLY FLOOR: 77-0, 4/30/15 - See last page for vote
SUBJECT: Land use: general plan: safety element: fire
hazard impacts
SOURCE: County of Humboldt
DIGEST: This bill 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.
ANALYSIS:
Existing law:
1)Designates State Responsibility Area (SRA), where the
Department of Forestry and Fire Protection (CALFIRE) is
responsible for providing fire protection, and fire hazard
severity zones.
AB 644
Page 2
2)Requires landowners in SRA to follow specified fire prevention
practices, such as establishing defensible space around
structures.
3)Requires, pursuant to the Planning and Zoning Law, every city
and county to 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.
4)Regulates, pursuant to the Subdivision Map Act, 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.
5)Requires all local land use decisions, including subdivision,
to 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.
6)Requires, pursuant to SB 1241 (Kehoe, Chapter 311, Statutes of
2012), city councils and county boards of supervisors to make
three findings, supported by substantial evidence, before
approving a tentative map or parcel map:
a) 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.
b) A finding supported by substantial evidence that
AB 644
Page 3
structural fire protection and suppression services will be
available for the subdivision through any of the following
entities:
i) A county, city, special district, or 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 agency.
ii) CALFIRE by contract.
c) 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.
This bill:
1)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, this bill
requires that the tentative maps or parcel maps must both:
a) 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).
b) Be consistent with the open space purpose in the general
plan.
2)Does not exempt from the required findings:
a) Tentative maps or parcel maps that result in parcels
that are smaller than 40 acres, unless those parcels are
subject to a binding and recorded restriction that
prohibits development of habitable, commercial, or
industrial buildings or structures on the land. All other
buildings or structures on the land must meet all
defensible space requirements under state law.
b) Future approvals of tentative maps or parcel maps that
AB 644
Page 4
allow development on previously exempt parcels.
Background
SB 1241 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.
Comments
1)Purpose of the bill. This bill 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. 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
and recorded restriction that prevents any significant
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? This bill raises the question of whether now is the
right time to pursue these changes. This bill amends the
provisions of SB 1241. 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.
AB 644
Page 5
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified7/24/15)
County of Humboldt (source)
California State Association of Counties
OPPOSITION: (Verified7/24/15)
None received
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Steinorth,
Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,
Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Santiago
Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
8/13/15 13:47:21
**** END ****
AB 644
Page 6