BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 666|
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THIRD READING
Bill No: AB 666
Author: Jones (D)
Amended: 6/1/09 in Assembly
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 7/8/09
AYES: Wiggins, Kehoe, Wolk
NOES: Cox, Aanestad
SENATE APPROPRIATIONS COMMITTEE : 8-5, 8/27/09
AYES: Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Wolk,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
ASSEMBLY FLOOR : 57-19, 6/3/09 - See last page for vote
SUBJECT : Subdivision maps
SOURCE : Author
DIGEST : 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 as designated by the Department of Forestry
and Fire Protection (CAL FIRE).
ANALYSIS : Existing law, the Subdivision Map Act
regulates how local officials approve the conversion of
larger parcels into marketable lots. Major subdivisions
CONTINUED
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(more than four lots) require a discretionary tentative map
and a ministerial final map. Approving a final map is a
ministerial decision. Minor subdivisions (four or fewer
lots; sometimes called lot splits) usually require just 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 Map Act requires cities and counties to include, as a
condition in their approval of a tentative map for a
subdivision with more than 500 dwelling units, that a
sufficient water supply must be available. Proof of
sufficient water must be based on a written verification
from the applicable public water system (SB 221, Kuehl,
Chapter 642, Statutes of 2001). The Legislature also
prohibited some local officials from approving a
subdivision map without making findings, based on
substantial evidence, regarding the adequacy of flood
protection for the proposed subdivision (SB 5, Machado,
Chapter 364, Statutes of 2007).
The State Board of Forestry and Fire protection designates
the SRA where the CAL FIRE is responsible for wildland fire
protection. State law excludes land within a city from an
SRA. The Board revises its SRA designations every five
years. The CAL FIRE's Director must identify areas in the
state as very high fire hazard severity zones, based on
fuel loading, slope, fire weather, and other relevant
factors (AB 337, Bates, Chapter 1188, Statutes of 1992).
This bill requires a county board of supervisors to make
three findings before it approves a tentative map, or a
parcel map for which a tentative map was not required, for
a subdivision in a state responsibility area or a very high
fire hazard severity zone:
1.A finding supported by substantial evidence that the
design and location of each lot in the subdivision, and
the subdivision as a whole, is consistent with any
applicable regulations adopted by the State Board of
Forestry and Fire Protection pursuant to specified
statutes.
2.A finding supported by substantial evidence that
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structural fire protection and suppression services will
be available for the subdivision through any of the
following entities:
A. 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.
B. The Department of Forestry and Fire Protection by
contract.
3.A finding that ingress and egress for the subdivision
meets the 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 does not supersede more stringent regulations
established by the State Board of Forestry and Fire
Protection or by local ordinance.
This bill requires the State Board of Forestry and Fire
Protection to initiate a rulemaking process before January
1, 2011 to consider adopting regulations requiring a
minimum of two separate access roads for a subdivision
located in a state responsibility area or a very high fire
hazard severity zone. If adopted, the rule must be
applicable so as to require at least two separate access
roads, based on, among other things:
1.The geographical and topographical situation of a
subdivision,
2.The feasibility of requiring two separate access roads,
3.The ability of future phases to provide access, and,
4.The predominant known wind patterns.
Comments
Increasing numbers of Californians are moving into new
communities built in areas that were once wildlands, where
fire is a natural part of the ecosystem. CAL FIRE
estimates that there was a 20 percent increase in the
number of homes in the wildland-urban interface during the
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1990s. Development in fire-prone areas increases the costs
of both fire prevention and suppression, risking lives and
property. Recent catastrophic fires underscore the risks
posed by development. By requiring new subdivisions in
fire-prone areas to meet crucial fire safety standards,
Prior Legislation
This bill is similar to AB 2447 (Jones, 2008), which
Governor Schwarzenegger, however, vetoed last year saying
that CALFIRE should not be in "the inappropriate role of
arbiter between local governments and local fire services"
about fire standards.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
BOF rulemaking/regulations up to $125 $125
General
Fire protection verificationpotential moderate costs to
review Local
proposals for development in areas
under
contract with CalFIRE, reimbursed
by locals
through contracts
SUPPORT : (Verified 9/1/09)
California Department of Forestry Firefighters
California Professional Firefighters
Planning and Conservation League
Sierra Club California
OPPOSITION : (Verified 9/1/09)
County of Madera
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ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Bill Berryhill, Blakeslee,
Blumenfield, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Cook, Coto, Davis, De La
Torre, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Furutani, Galgiani, Gilmore, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Tran, Bass
NOES: Adams, Anderson, Tom Berryhill, Conway, DeVore,
Duvall, Fuller, Gaines, Garrick, Hagman, Knight, Logue,
Miller, Niello, Nielsen, Silva, Smyth, Audra Strickland,
Villines
NO VOTE RECORDED: Block, Harkey, Nestande, Yamada
AGB:nl 9/1/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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