BILL ANALYSIS
AB 666
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 666 (Jones) - As Amended: April 27, 2009
Policy Committee: Local
GovernmentVote:NA
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the legislative body of a county to make
three specified findings before approving a tentative map or a
parcel map for an area located in a state responsibility area
(SRA) or a very high fire hazard severity zone. Specifically,
this bill:
1)Requires that, prior to approving a tentative map or parcel
map in such an area, the county make findings that:
a) The design and location of each lot in the subdivision
and subdivision as a whole would allow improvements to be
made consistent with any regulations promulgated by the
Board of Forestry and Fire Protection (BOF) regarding map
approval.
b) Sufficient structural fire protection and suppression
services exist from state or local entities.
c) There is adequate ingress and egress for each lot in the
subdivision for fire protection, suppression and
evacuation.
2)Requires BOF, prior to January 1, 2011, to initiate rulemaking
to consider adopting regulations requiring a minimum of two
separate access roads from different geographical directions
for a subdivision located in an SRA.
FISCAL EFFECT
1)Minor costs of less than $150,000 to BOF to consider adoption
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of regulation as described in this bill.
2)Nonreimbursable costs of an unknown amount to local
government.
COMMENTS
1)Rationale . This bill is intended to address the growing costs
and challenges of fire suppression in rural areas. According
to the author, over the last few decades counties have
approved new subdivisions in rural areas that are subject to a
high risk of fire danger. The author believes that significant
progress has been by enacting stricter building standards and
requirements for defensible space for homes already approved
for fire-prone areas. The author also believes, however, that
more emphasis should be put on whether homes proposed to be
constructed in fire-prone areas should be approved in the
first place. The author contends this bill will achieve such
an emphasis.
2)Background .
a) Subdivision Map Act. 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-usually require a single, discretionary parcel map.
In some communities, minor subdivisions require a tentative
parcel map and then a final parcel map, similar to major
subdivisions.
The act requires city councils and county boards of
supervisors to deny a proposed tentative map or a proposed
parcel map that is not consistent with the local general
plan. Local officials must also deny a subdivision if its
design or improvement is not consistent with their local
general plan. If local officials find that a subdivision
is likely to cause environmental damage or cause serious
public health problems, they must deny the subdivision.
b) State Responsibility Areas. SRA lands, designated as
such by BOF, are mainly private lands covered, wholly or in
part, by timber, brush, or other vegetation that serves a
commercial purpose or that serves a natural resource value.
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Although these lands may have structures on them, when
housing density reaches more than three units per acre on a
tract of SRA, the BOF generally removes the land from SRA.
BOF reviews SRA designations every five years.
The California Department of Forestry and Fire Protection
(CALFIRE) is the lead state agency for wildland fire
protection on SRA. Land within city boundaries and
federally owned lands are excluded from SRA. CALFIRE is
authorized, but not required, to provide day-to-day
emergency services-such as structure protection and medical
assistance-in SRA when resources are available and when it
is within its budget.
Local government, not the state, decides to allow
development in the SRA. In recent years, robust
residential development in the SRA has led to increased
costs to CALFIRE to fight fires in the SRA, including fires
that threaten structures.
c) Very High Fire Hazard Severity Zones . CALFIRE is
required to identify very high fire hazard severity zones
based on consistent statewide criteria and the severity of
fire hazard that is expected to prevail in those areas as
determined by fuel loading, slope, weather, and other
relevant factors.
3)Related Legislation.
a) AB 2447 (Jones, 2008), which was very similar to this
bill, also restricted a county board of supervisors ability
to approve of a tentative map, or a parcel map for which a
tentative map was not required, if the proposed map is in a
state responsibility area or a very high fire hazard
severity zone. AB 2447 was vetoed.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081