BILL ANALYSIS Ó
AB 644
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
644 (Wood)
As Amended July 16, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (April 30, |SENATE: |38-0 | (August 20, |
| | |2015) | | |2015) |
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Original Committee Reference: L. GOV.
SUMMARY: Removes the requirement that a county make specified
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.
The Senate amendments:
1)Clarify that the binding restriction prohibiting development
for the proposed subdivision of land pursuant to this bill's
provisions shall be recorded.
2)Specify, for the subdivision of land that would result in
parcels that are 40 acres or smaller in size, those parcels
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are subject to a binding restriction that prohibits the
development of a habitable, industrial, or commercial building
or structure.
3)Clarify that all other structures on the subdivided land shall
comply with specified defensible space requirements.
4)Make other minor and technical changes.
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 managed production 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.
If the subdivision of land results in parcels that are 40
acres or smaller in size, this bill specifies that those
parcels be subject to a binding restriction that is recorded,
and that prohibits the development of a habitable, industrial,
or commercial building or structure. Any other structures
must comply with defensible space requirements contained in
existing law.
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Should there be a later approval to remove a binding
restriction placed as a condition 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 of land 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
government, or the federal government. Lands that are
classified by the State Board of Forestry and Fire Protection
(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 the
California Department of Forestry and Fire Protection (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.
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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
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,
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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.
"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)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
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open space lands, prohibiting the development of residential
buildings or structures."
6)Arguments in Opposition. None on file.
Analysis Prepared by:
Debbie Michel / L. GOV. / (916) 319-3958 FN:
0001314