Bill Text: CA SB236 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public streets, highways, and public service easements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-28 - Chaptered by Secretary of State. Chapter 353, Statutes of 2015. [SB236 Detail]

Download: California-2015-SB236-Amended.html

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BILL NUMBER: SB 236	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Beall

                        FEBRUARY 17, 2015

   An act to  amend Section 555 of the Vehicle Code,
   add Section 65850.15 to the Government Code, 
relating to  pedestrian travel.   zoning. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 236, as amended, Beall. Pedestrian travel: stairways. 
   The Planning and Zoning Law authorizes the legislative body of a
city and county to enact zoning ordinances to regulate specified uses
of land. Existing law establishes minimum procedural standards for
city and county zoning hearings.  
   This bill would, notwithstanding any other law, authorize the City
of San Jose to regulate the use of staircases that serve as access
to a community development located in an area served by a specific
plan, as specified.  
   This bill would make legislative findings and declarations as to
the necessity for a special law.  
   Existing law defines "sidewalk" for purposes of the Vehicle Code
to mean a portion of a highway, other than a roadway, set apart by
curbs, barriers, markings, or other delineation for pedestrian
travel.  
   This bill would exempt from this definition of "sidewalk" a
stairway used or designated primarily for pedestrian travel.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65850.15 is added to the 
 Government Code  , to read:  
   65850.15.  Notwithstanding any other law, the legislative body of
the City of San Jose may adopt an ordinance, including an ordinance
imposing a curfew period, regulating the use of a staircase that
serves as access to a community development located in an area served
by a specific plan adopted pursuant to Article 8 (commencing with
Section 65450) of Chapter 3. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances facing
the City of San Jose with respect to the use of staircases in
community developments served by a specific plan.  
  SECTION 1.    Section 555 of the Vehicle Code is
amended to read:
   555.  "Sidewalk" is that portion of a highway, other than the
roadway, set apart by curbs, barriers, markings, or other delineation
for pedestrian travel. A stairway used or designated primarily for
pedestrian travel is not a sidewalk.