Amended in Senate March 24, 2015

Senate Bill No. 236

Introduced by Senator Beall

February 17, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

SB 236, as amended, Beall. Pedestrian travel: stairways.

begin insert

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.

end insert begin insert

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.

end insert begin insert

This bill would make legislative findings and declarations as to the necessity for a special law.

end insert begin delete

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.

end delete begin delete

This bill would exempt from this definition of “sidewalk” a stairway used or designated primarily for pedestrian travel.

end delete

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

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 65850.15 is added to the end insert begin insert Government
Code end insert begin insert , to read: end insert

begin insert

begin insert 65850.15. end insert   

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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert 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. end insert

begin delete

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.

end delete