The Subdivision Map Act requires the legislative body of a city or county to deny approval of a tentative map, or a parcel map for which a tentative map was not required, unless it makes certain findings. Under that act, the legislative body of a county is required to make 3 specified findings 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, as defined.

This bill would exempt from those requirements the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, as defined. The bill would apply the exemption to the subdivision of land that is consistent with the open space purpose, and would require the land to be subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure if the subdivision would result in parcels that are 40 acres or smaller in size. The bill would require all other structures to comply with specified defensible space requirements. The bill would additionally require the legislative body to make the 3 specified findings before later approving the removal of a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, for land that was previously exempt from those requirements if the proposed subdivision would allow the development of a building or structure as specified.

The Subdivision Map Act requires the legislative body of a city or county to deny approval of a tentative map, or a parcel map for which a tentative map was not required, unless it makes certain findings. Under that act, the legislative body of a county is required to make 3 specified findings 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, as defined.

This bill would exempt from those requirements the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, as defined. The bill would apply the exemption to the subdivision of land that is consistent with the open space purpose, and would require the land to be subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure if the subdivision would result in parcels that are 40 acres or smaller in size. The bill would require all other structures to comply with specified defensible space requirements. The bill would additionally require the legislative body to make the 3 specified findings before later approving the removal of a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, for land that was previously exempt from those requirements if the proposed subdivision would allow the development of a building or structure as specified.

The Subdivision Map Act requires the legislative body of a city or county to deny approval of a tentative map, or a parcel map for which a tentative map was not required, unless it makes certain findings. Under that act, the legislative body of a county is required to make 3 specified findings 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, as defined.

This bill would exempt from those requirements the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the managed production of resources, as defined. The bill would apply the exemption to the subdivision of land that is consistent with the open space purpose, and would require the land to be subject to a binding and recorded restriction prohibiting the development of a habitable, industrial, or commercial building or structure if the subdivision would result in parcels that are 40 acres or smaller in size. The bill would require all other structures to comply with specified defensible space requirements. The bill would additionally require the legislative body to make the 3 specified findings before later approving the removal of a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, for land that was previously exempt from those requirements if the proposed subdivision would allow the development of a building or structure as specified.

The Subdivision Map Act requires the legislative body of a city or county to deny approval of a tentative map, or a parcel map for which a tentative map was not required, unless it makes certain findings. Under that act, the legislative body of a county is required to make 3 specified findings 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, as defined.

This bill would exempt from those requirements the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the management managed production of resources, as defined. The bill would apply the exemption to the subdivision of land that is consistent with the open space purpose, and would require the land to be subject to a binding restriction prohibiting the development of a habitable, industrial, or commercial building or structure if the subdivision would result in parcels that are 40 acres or smaller in size. The bill would require all other structures to comply with specified defensible space requirements. The bill would additionally require the legislative body to make the 3 specified findings before later approving the removal of a binding restriction placed as a condition of a tentative map, or a parcel map for which a tentative map was not required, for land that was previously exempt from those requirements if the proposed subdivision would allow the development of a building or structure as specified.

The Subdivision Map Act requires the legislative body of a city or county to deny approval of a tentative map, or a parcel map for which a tentative map was not required, unless it makes certain findings. Under that act, the legislative body of a county is required to make 3 specified findings 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, as defined.

This bill would exempt from those requirements the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the management of resources, as defined. The bill would apply the exemption to the subdivision of land that is consistent with the open space purpose, and would require the land to be subject to a binding restriction prohibiting the development of residential buildings or structures a building or structure if the subdivision would result in parcels that are ____ 40 acres or smaller in size. The bill would additionally require the legislative body to make the 3 specified findings before later approving a tentative map, or a parcel map for which a tentative map was not required, for land that was previously exempt from those requirements if the proposed subdivision would allow the development of residential buildings or structures, a building or structure as specified.

The Subdivision Map Act requires the legislative body of a city or county to deny approval of a tentative map, or a parcel map for which a tentative map was not required, unless it makes certain findings. Under that act, the legislative body of a county is required to make 3 specified findings 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, as defined.

This bill would exempt from those requirements the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the management of resources, as defined. The bill would apply the exemption to the subdivision of land that is consistent with the open space purpose, and would require the land to be subject to a binding restriction prohibiting the development of residential buildings or structures if the subdivision would result in parcels that are ____ acres or smaller in size. The bill would additionally require the legislative body to make the 3 specified findings before later approving a tentative map, or a parcel map for which a tentative map was not required, for land that was previously exempt from those requirements if the proposed subdivision would allow the development of residential buildings or structures, as specified.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 644

Author:(Wood)

As Amended Ver:July 16, 2015

Majority vote

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 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.

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.

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:

1. 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;

2. 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:

1. 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,

2. CAL FIRE by contract entered into, as specified; and,

1. 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 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

 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.

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:

1. 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.

2. A finding supported by substantial evidence that structural fire protection and suppression services will be available for the subdivision through any of the following entities:

1. 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.

2. CALFIRE by contract.

3. 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:

1. 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).

2. Be consistent with the open space purpose in the general plan.

2. Does not exempt from the required findings:

1. 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.

2. Future approvals of tentative maps or parcel maps that 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.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/24/15)

County of Humboldt (source)

California State Association of Counties

OPPOSITION: (Verified 7/24/15)

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 ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 644 Hearing Date: July 14, 2015

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.

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 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

-- END --

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

FIRE HAZARDS AND LAND USE PLANNING

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.

Background and Existing Law

The California Department of Forestry and Fire Protection (CALFIRE) provides wildland fire protection on non-federal lands outside cities. To meet this duty, the State Board of Forestry and Fire Protection designates the State Responsibility Area (SRA) every five years. Within SRA lands, the Director of CALFIRE designates fire hazard severity zones. SRA landowners must follow specified fire prevention practices. After the 1991 Oakland-Berkeley fire storm, the Legislature required CALFIRE to designate very high fire hazard severity zones. Landowners in these areas must follow specified fire prevention practices (AB 337, Bates, 1992).

In the aftermath of annual wildfires, state and local officials have considered options to reduce the loss of lives and property and address high costs of local fire protection agencies when fighting wildfires in developed areas. One way to avoid or mitigate these losses and costs is to use land use planning to guide decisions about future development.

Every county and city must 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.

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, 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.

All local land use decisions, including subdivision, must 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.

SB 1241 (Kehoe, 2012) requires city councils and county boards of supervisors to make three findings, supported by substantial evidence, before approving a tentative map or parcel map:

• 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.

• A finding supported by substantial evidence that structural fire protection and suppression services will be available for the subdivision through any of the following entities:

  • 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.

  • The Department of Forestry and Fire Protection by contract.

• 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.

SB 1241 (Kehoe) 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.

Proposed Law

Assembly Bill 644 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, AB 644 requires that the tentative maps or parcel maps must both:

• 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).

• Be consistent with the open space purpose in the general plan.

The exemption in AB 644 does not apply to:

• Tentative maps or parcel maps that result in parcels that are smaller than 40 acres, unless those parcels are subject to a binding restriction that prohibits development of buildings or structures on the land.

• Future approvals of tentative maps or parcel maps that allow development on previously exempt parcels.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. AB 644 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 (Kehoe). 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 restriction that prevents 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? AB 644 raises the question of whether now is the right time to pursue these changes. AB 644 would amend the provisions of SB 1241 (Kehoe, 2012). 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. Are these changes urgent enough to balance out that risk? In addition, the Legislature has authorized the study of the Subdivision Map Act by the California Law Revision Commission. The California Law Revision Commission is tasked with reviewing the law to identify defects and recommend changes in order to allow the Legislature to focus on major policy changes. The Map Act was most recently reauthorized for study in 2014 by SCR 83 (Monning). The Committee may wish to consider whether it should allow the commission to study the Map Act before making additional changes to it.

3. Under development. AB 644 would not exempt maps that result in parcels smaller than 40 acres unless those parcels are subject to binding restrictions that prohibit any development of buildings or structures. However, agricultural activities and other activities that are consistent with the open space purpose may require incidental structures, such as water towers, to be constructed. As such, the author plans to amend AB 644 to allow some incidental structures that do not significantly increase fire risk or expose lives to danger and that comply with existing statutory requirements for clearing space around structures, as follows:

• On page 3, line 8, strike out “a building or structure” and insert “habitable, industrial, or commercial buildings or structures. All other structures must comply with defensible space requirements per Public Resources Code Section 4291 or Government Code Section 51182.”

4. Let’s be clear. In order to clarify that any later subdivision map approvals which would result in development would trigger the need to make the fire-related findings, the author plans to amend AB 644 as follows:

• On page 3, line 9, after “approval” insert “to remove a binding restriction placed as a condition”.

5. Technical Amendment. AB 644 creates an exemption for open-space land with the purpose of “management of resources.” However, existing statute (Government Code §65560(b)) lists the “managed production of resources” as a purpose of open-space land. To make AB 644’s language consistent with existing statute, the Committee may wish to consider the following technical amendment:

• On page 3, line 1, strike out “management of resources” and insert “managed production of resources”.

Assembly Actions

Assembly Local Government Committee: 9-0

Assembly Floor: 77-0

Support and Opposition

(6/4/15)

Support: County of Humboldt (sponsor). California State Association of Counties.

Opposition: Unknown.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 644

Author:(Wood)

As Amended Ver:April 13, 2015

Majority vote

SUMMARY: Removes the requirement that a county make 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. Specifically, this bill:

1. Creates, 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, an exception from existing law that requires a county to make three specified findings prior to approving a tentative map or a parcel map.

2. Limits the exception in 1) above, to those proposed subdivisions of land identified in the open space element for the management 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 proposed subdivision of land to be consistent with the open space purpose.

3. Requires, pursuant to 1) and 2) above, if the subdivision of land would result in parcels that are 40 acres or smaller in size, that those parcels are subject to a binding restriction prohibiting the development of a building or structure.

4. Requires any later approval of a tentative map or a parcel map for which a tentative map was not required that would allow the development of a building or structure for a parcel that had previously been exempted pursuant to 1) above, to then be subject to existing law that requires a county to make specified findings prior to approving a tentative map or a parcel map.

EXISTING LAW:

1. Establishes, pursuant to the Subdivision Map Act, a statewide regulatory framework for controlling the subdividing of land, which generally requires a subdivider to submit, and have approved by the city, county, or city and county in which the land is situated, a tentative map.

2. 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 the following three findings:

   1. 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 State Board of Forestry and Fire Protection (Board), as specified;

   2. 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:

      1. 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,

      2. The Department of Forestry and Fire Protection (CAL FIRE) by contract entered into, as specified; and,

   3. 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.

3. Defines "state responsibility areas" to mean areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the Board, to be primarily the responsibility of the state.

4. Requires the Director of the 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, and defines "very high fire hazard severity zone" to mean an area designated by the director that is not a state responsibility area.

5. Requires each planning agency to prepare and the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning.

6. Requires the general plan to address seven mandatory elements including land use, circulation, housing, conservation, open-space, noise and safety.

7. Defines the "local open-space plan" to mean the open-space element of a county or city general plan adopted by the board or council, as specified.

8. Defines "open-space land" to mean any parcel or area of land or water that is essentially unimproved and devoted to an open-space use, as defined, and that is designated on a local, regional or state open-space plan as any of the following:

   1. Open space for the preservation of natural resources, including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and, coastal beaches, lakeshores, banks of rivers and streams, and watershed lands;

   2. Open space used for the managed production of resources, including, but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge or groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and, areas containing major mineral deposits, including those in short supply;

   3. Open space for outdoor recreation, including, but not limited to, areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams; and, areas which serve as links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors;

   4. Open space for public health and safety, including, but not limited to, areas which require special management of regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.

   5. Open space in support of the mission of military installations that comprises areas adjacent to military installations, military training routes, and underlying restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the military lands; and,

   6. Open space for the protection of places, features, and objects, as specified.

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 management 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.

Should there be a later approval 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 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 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 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.

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:

1. 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;

2. 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:

1. 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,

2. CAL FIRE by contract entered into, as specified; and,

1. 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. Previous Legislation. SB 1241 (Kehoe), Chapter 311, Statutes of 2012, required cities and counties to address fire risks in the safety element of their general plans upon the next revision of the housing element, and required cities and counties to make certain findings regarding available fire protection and suppression services before approving a tentative map or a parcel

6. 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 open space lands, prohibiting the development of residential buildings or structures."

7. Arguments in Opposition. None on file.

Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0000138

Date of Hearing: April 8, 2015

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Brian Maienschein, Chair

ABPCA Bill Id:AB 644

Author:(Wood) – As Introduced Ver:February 24, 2015

SUBJECT: Land use: general plan: safety element: fire hazard impacts.

SUMMARY: Removes the requirement that a county make 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. Specifically, this bill:

1. Creates, 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, an exception from existing law that requires a county to make three specified findings prior to approving a tentative map or a parcel map.

2. Limits the exception in 1), above, to those proposed subdivisions of land identified in the open space element for the management 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 proposed subdivision of land to be consistent with the open space purpose.

3. Requires, pursuant to 1) and 2), above, if the subdivision of land would result in parcels that are unspecified in acreage, that those parcels are subject to a binding restriction prohibiting the development of residential buildings or structures.

4. Requires any later approval of a tentative map or a parcel map for which a tentative map was not required that would allow the development of residential buildings or structures for a parcel that had previously been exempted pursuant to 1), above, to then be subject to existing law that requires a county to make specified findings prior to approving a tentative map or a parcel map.

EXISTING LAW:

1. Establishes, pursuant to the Subdivision Map Act, a statewide regulatory framework for controlling the subdividing of land, which generally requires a subdivider to submit, and have approved by the city, county, or city and county in which the land is situated, a tentative map.

2. 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 the following three findings:

   1. 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 State Board of Forestry and Fire Protection (Board), as specified;

   2. 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:

      1. 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,

      2. The Department of Forestry and Fire Protection (CAL FIRE) by contract entered into, as specified; and,

   3. 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.

3. Defines "state responsibility areas" to mean areas of the state in which the financial responsibility of preventing and suppressing fires has been determined by the Board, to be primarily the responsibility of the state.

4. Requires the Director of the 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, and defines "very high fire hazard severity zone" to mean an area designated by the director that is not a state responsibility area.

5. Requires each planning agency to prepare and the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning.

6. Requires the general plan to address seven mandatory elements including land use, circulation, housing, conservation, open-space, noise and safety.

7. Defines the "local open-space plan" to mean the open-space element of a county or city general plan adopted by the board or council, as specified.

8. Defines "open-space land" to mean any parcel or area of land or water that is essentially unimproved and devoted to an open-space use, as defined, and that is designated on a local, regional or state open-space plan as any of the following:

   1. Open space for the preservation of natural resources, including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and, coastal beaches, lakeshores, banks of rivers and streams, and watershed lands;

   2. Open space used for the managed production of resources, including, but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge or groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and, areas containing major mineral deposits, including those in short supply;

   3. Open space for outdoor recreation, including, but not limited to, areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams; and, areas which serve as links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors;

   4. Open space for public health and safety, including, but not limited to, areas which require special management of regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.

   5. Open space in support of the mission of military installations that comprises areas adjacent to military installations, military training routes, and underlying restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the military lands; and,

   6. Open space for the protection of places, features, and objects, as specified.

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. The bill specifically limits the exception to those proposed subdivisions of land identified in the county's open space element for the management 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.

Should there be a later approval of a tentative map or a parcel map that would allow the development of residential buildings or structures on that subdivided land that had previously been exempted pursuant to the bill's provisions, the bill requires that that subdivision 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 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 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.

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:

1. 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;

2. 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:

1. 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,

2. CAL FIRE by contract entered into, as specified; and,

1. 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. Previous Legislation. SB 1241 (Kehoe), Chapter 311, Statutes of 2012, required cities and counties to address fire risks in the safety element of their general plans upon the next revision of the housing element, and required cities and counties to make certain findings regarding available fire protection and suppression services before approving a tentative map or a parcel map. This bill modifies the findings section added by SB 1241.

6. Committee Amendments. The Committee may wish to ask the author and sponsor to take the following amendments:

   1. Unspecified Acreage. The bill currently contains a blank, in terms of the requirement that says that "if, for the subdivision of land that would result in parcels that are ___ acres or smaller in size, those parcels are subject to a binding restriction prohibiting the development of residential buildings or structures."

The author has indicated plans to amend the bill to specify 40 acres or smaller in size for the blank in the bill.

2. Development of Buildings or Structures. The Committee may wish to consider whether there are other types of development besides residential buildings or structures that might warrant some sort of fire protection and make that clear with the following amendments:

(b) (1) Subdivision (a) does not apply to the approval of a tentative map, or a parcel map for which a tentative map was not required, that would subdivide land identified in the open space element of the general plan for the management of resources, including, but not limited to, forest land, rangeland, agricultural land, and areas of economic importance for the production of food or fiber, if the subdivision is consistent with the open space purpose and if, for the subdivision of land that would result in parcels that are ____ acres or smaller in size, those parcels are subject to a binding restriction prohibiting the development of residential buildings or structures.

(2) Any later approval of a tentative map, or a parcel map for which a tentative map was not required, that would allow the development of residential buildings or structures for a parcel that has previously been exempted from the requirements of subdivision (a) pursuant to paragraph (1) of this subdivision shall be subject to the requirements of subdivision (a).

7. 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 open space lands, prohibiting the development of residential buildings or structures."

8. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

County of Humboldt [SPONSOR]

Opposition

None on file

Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958