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  APRIL 15, 2015
	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Beall

                        FEBRUARY 17, 2015

   An act to add Section 65850.15 to the Government Code,   and
to add and repeal Section 8330.1 of the Streets and Highways Code,
  relating to 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. 
   The Public Streets, Highways, and Service Easements Vacation Law
establishes procedures for the vacation of public streets, highways,
and service easements. Under existing law, the legislative body of a
local agency may summarily vacate a street or highway that has been
superseded by relocation.  
   This bill would authorize the City of San Jose to summarily vacate
a street or highway designated for pedestrian use within a specified
area for the purpose of adopting an ordinance specifically
regulating a pedestrian right-of-way. The bill would repeal these
provisions as of January 1, 2017. 
   This bill would make legislative findings and declarations as to
the necessity for a special law.
   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.    Section 8330.1 is added to the  
Streets and Highways Code   , to read:  
   8330.1.  (a) The legislative body of the City of San Jose may
summarily vacate a street or highway designated for pedestrian use
within the area served by the Communications Hill Specific Plan for
the purpose of adopting an ordinance specifically regulating a
pedestrian right-of-way.
   (b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed. 
   SEC. 2.   SEC. 3.   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.