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 20, 2015
	AMENDED IN SENATE  APRIL 15, 2015
	AMENDED IN SENATE  MARCH 24, 2015

INTRODUCED BY   Senator Beall

                        FEBRUARY 17, 2015

   An act to add  and repeal  Section  65850.15 to
the Government Code,   and to add and repeal Section
8330.1   8334.6  of the Streets and Highways Code,
relating to  zoning   highways  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 236, as amended, Beall.  Pedestrian travel: stairways.
  Public streets, highways, and public service
easements.  
   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 superseded by relocation.   impassable for
vehicular travel f   or 5 years and no public money has been
expended for maintenance of the street or highway during that
period. Existing law provides that an easement may be reserved and
excepted from a vacation of a street, highway, or public service
easement, as specified. 
   This bill would authorize the  legislative body of 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.   street, highway, or public service
easement that is impassable for vehicular travel, if the legislative
body finds that the vacation will protect the public safety or serve
the public interest and convenience. The bill would authorize the
legislative body of the City of San Jose to reserve and except from
the vacation an easement and right to construct, maintain, operate,
replace, remove, and renew a nonvehicular pathway for use by the
public in, upon, over, and across the street, highway, or public
service easement proposed to be vacated.  The bill would repeal
these provisions as of January 1,  2017.   2018.

   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 1.   Section 
8330.1   8334.6  is added to the Streets and
Highways Code, to read:
    8330.1.   8334.6.   (a)  The
  Notwithstanding any other provision of this chapter,
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.   street, highway, or public
service easement that is impassable for vehicular travel, if the
legislative body finds that the vacation will protect the public
safety or otherwise serve the public interest and convenience. 

   (b) In addition to Section 8340, the legislative body of the City
of San Jose may reserve and except from the vacation an easement and
right to construct, maintain, operate, replace, remove, and renew a
nonvehicular pathway for use by the public in, upon, over, and across
the street, highway, or public service easement proposed to be
vacated.  
   (b) 
    (c)  This section shall remain in effect only until
January 1,  2017,   2018,  and as of that
date is repealed.
   SEC. 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.   vacation of streets, highways, and
public   service easements that are impassable for vehicular
travel.