Amended in Senate April 15, 2015

Amended in Senate March 24, 2015

Senate Bill No. 236

Introduced by Senator Beall

February 17, 2015

An act to add Section 65850.15 to the Government Code, begin insert and to add and repeal Section 8330.1 of the Streets and Highways Code, end insert 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.

begin insert

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 Under existing law, the legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.

end insert begin insert

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.

end insert

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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 8330.1 is added to the end insert begin insert Streets and Highways
Code end insert begin insert , to read: end insert

begin insert

begin insert 8330.1. end insert   

(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.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end 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.