CC SR 20210406 Q - Assembly Bill (AB) 1295 Comment Letter (VHFHSZ Development)
CITY COUNCIL MEETING DATE: 04/06/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a comment letter to
Assemblymember Muratsuchi regarding AB 1295.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a comment letter to Assemblymember Muratsuchi
regarding AB 1295.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jesse Villalpando, Senior Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter regarding AB 1295 (page A-1)
B. Text of AB 1295 (as introduced February 19, 2021) (page B-1)
BACKGROUND AND DISCUSSION:
California Government Code Section 51178 requires the California Department of
Forestry and Fire Protection (Cal Fire) to identify “Very High Fire Hazard Severity
Zones” using consistent statewide criteria, including:
▪ Vegetation - Vegetation is "fuel" to a wildfire and it changes over time. Fire
hazard considers the potential vegetation over a 50 year time horizon
▪ Topography - Fire burns faster on steep slopes.
▪ Weather - Fire burns faster and with more intensity when air temperature is high,
relative humidity is low, and winds are strong.
▪ Crown fire potential - Under extreme conditions, fires burn up into trees and tall
brush.
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▪ Ember production and movement - Fire brands are blown ahead of the main fire,
spreading the fire and getting into buildings and igniting.
▪ Likelihood of an area burning - over a 30 - 50 year time period.
The City of Rancho Palos Verdes is nearly entirely within a VHFHSZ (in red in the map
below), except for a small portion of the City, east of Western Avenue and north of Capitol
Drive.
In response to an increasing number of homes being destroyed by wildfire in
California’s wildland-urban interface, on February 19, 2021, Assemblymember Al
Muratsuchi introduced Assembly Bill No. 1295 (AB 1295).
AB 1295 would prohibit the legislative body of a city or county from entering into a
residential development agreement for property located in a very high fire risk area
beginning on January 1, 2022. The bill would define “very high fire risk area” for these
purposes to mean a very high fire hazard severity zone designated by a local agency or
a fire hazard severity zone classified by the Director of Forestry and Fire Protection. The
bill, in its current form, does not define “residential development agreements” o r what
qualifies as “residential development.” It is Staff’s understanding that this bill, as drafted,
applies a blanket ban prohibiting new residential development within a VHFHSZ, which
is of concern to the City.
As of February 19, AB 1295 is a “spot bill.” Spot bills are introduced with non-
substantive language in order to meet the deadline to introduce bills. The bill will be
amended at a later date with more substance.
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Wildfire events have long been a concern for the residents of Rancho Palos Verdes,
and the City Council has strongly supported legislation that seeks to mitigate the
devastating impacts of wildfire. However, because AB 1295 lacks detail in its current
form, at this time, Staff does not recommend taking a position, but instead writing a
comment letter to Assemblymember Muratsuchi outlining some of the City’s concerns
before considering taking a position. A draft letter is included in this report as
Attachment A.
As noted above, as currently written, AB 1295 would effectively prohibit any new
residential development in the City, almost all of which falls within a VHFHSZ. This
would mean property owners could not add on to their homes or build housing on
vacant lots. Additionally, the bill may prevent residential development along Western
Avenue, which is the primary focus of a potential mixed-use overlay zone to help the
City reach its Regional Housing Needs Assessment (RHNA) allocation.
Finally, it should be noted that Cal Fire is in the process of updating VHFHSZ maps,
which are adopted by jurisdictions. Tying a development prohibition to this designation
has the potential to influence these maps, when their purpose is to identify hazards.
If the aim of the legislation is to reduce the risk of loss of life and property in areas that
are at high risk for wildfire by prohibiting dense housing development, perhaps this can
be achieved by less restrictive means, such as relaxing RHNA requirements for cities
located in fire-prone areas.
Staff therefore recommends the City Council authorize the Mayor to sign a comment
letter to Assemblymember Muratsuchi, as drafted, or with revisions, regarding AB 1295.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
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April 6, 2021 Via Email
The Honorable Al Muratsuchi
California State Assembly
State Capitol
P.O. Box 942849, Room 2179
Sacramento, CA 94249-0066
SUBJECT: Rancho Palos Verdes’ Comments Regarding AB 1295
Dear Assemblymember Muratsuchi:
The City of Rancho Palos Verdes thanks you for introducing legislation that aims to
reduce the risk of loss of life and property in areas that are high risk for wildfire. Wildfire
events have long been a concern for the residents of Rancho Palos Verdes. In April
2019, a series of news stories on wildfire preparedness in California highlighted Rancho
Palos Verdes as the most populated city in the state with 90% or more of residents
living in a Very High Fire Hazard Severity Zone (VHFHSZ).
With projections of extreme weather and housing growth potentially exacerbating the
threat of wildfire to homes and property, effective fire-risk reduction policies are needed
as part of a comprehensive wildfire management plan.
We understand AB 1295 is currently a spot bill and that more substance is to be added.
The City would therefore like to share comments on the bill in its current form for your
consideration as you make amendments.
As currently written, AB 1295 would effectively prohibit any new residential development
in our City, almost all of which falls within a VHFHSZ. This would mean property owners
could not add onto their homes or build housing on vacant lots. Additionally, the bill
would prevent residential development along Western Avenue, which is the primary
focus of a potential mixed-use overlay zone to help the City reach its Regional Housing
Needs Assessment (RHNA) allocation.
A-1
Assemblymember Muratsuchi
April 6, 2021
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While we support the aims of this bill, we ask that you keep in mind the wide-reaching
implications of its current form and consider an approach that is less restrictive to
property owners. Perhaps the bill could include language relaxing RHNA requirements
for cities located in fire-prone areas rather than implementing a blanket ban on new
residential development in VHFHSZs. Additionally, the City seeks clarity on the
definition of key terms such as “residential development” and “development agreement ”
presented in the bill in its current form.
The City appreciates your work on the issue of mitigating the impact of wildfire hazards
on local communities. We are eager to see the forthcoming amendments to AB 1295 to
gain a better understanding of how this bill would impact residents. Thank you for
considering our comments.
Sincerely,
Eric Alegria
Mayor
cc: Ben Allen, Senator, 26th State Senate District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Jacki Bacharach, South Bay Cities Council of Governments
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
Rolling Hills Estates City Council and City Manager
Palos Verdes Estates City Council and City Manager
Rolling Hills City Council and City Manager
A-2
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1295
Introduced by Assembly Member Muratsuchi
February 19, 2021
An act to add Section 65865.7 to the Government Code, relating to
land use.
legislative counsel’s digest
AB 1295, as introduced, Muratsuchi. Residential development
agreements: very high fire risk areas.
The Planning and Zoning Law requires the legislative body of a city
or county to adopt a comprehensive, long-term general plan that includes
various elements, including, among others, a housing element and a
land use element. Existing law requires the land use element to designate
the proposed general distribution and general location and extent of the
uses of the land for, among other purposes, housing, business, and
industry. Existing law requires county or city zoning ordinances to be
consistent with the general plan of the county or city, as specified.
Existing law requires the Director of Forestry and Fire Protection to
identify areas in the state as very high fire hazard severity zones based
on the severity of fire hazard that is expected to prevail in those areas,
as specified, and requires each local agency to designate, by ordinance,
the very high fire hazard severity zones in its jurisdiction. Existing law
additionally requires the director to classify lands within state
responsibility areas into fire hazard severity zones.
This bill, beginning on or after January 1, 2022, would prohibit the
legislative body of a city or county from entering into a residential
development agreement for property located in a very high fire risk
area. The bill would define “very high fire risk area” for these purposes
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to mean a very high fire hazard severity zone designated by a local
agency or a fire hazard severity zone classified by the director.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities and counties, including charter cities
and charter counties.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65865.7 is added to the Government
line 2 Code, to read:
line 3 65865.7. (a) Notwithstanding any other law, beginning on and
line 4 after January 1, 2022, the legislative body of a city or county shall
line 5 not enter into a residential development agreement for property
line 6 located within a very high fire risk area.
line 7 (b) For purposes of this section, all of the following shall apply:
line 8 (1) “City” or “county” includes a charter city or a charter county.
line 9 (2) “Very high fire risk area” means any lands located within a
line 10 very high fire hazard severity zone, as designated pursuant to
line 11 subdivisions (a) and (b) of Section 51179 of the Government Code,
line 12 or as indicated on maps adopted by the Department of Forestry
line 13 and Fire Protection pursuant to Section 4202 of the Public
line 14 Resources Code.
line 15 SEC. 2. The Legislature finds and declares that prohibiting
line 16 residential development in very high fire risk areas is a matter of
line 17 statewide concern and is not a municipal affair as that term is used
line 18 in Section 5 of Article XI of the California Constitution. Therefore,
line 19 Section 1 of this act adding Section 65865.7 of the Government
line 20 Code applies to all cities and counties, including charter cities and
line 21 counties.
O
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