Amended in Senate April 20, 2015

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 begin insert and repeal end insert Section begin delete 65850.15 to the Government Code, and to add and repeal Section 8330.1 end delete begin insert 8334.6 end insert of the Streets and Highways Code, relating to begin delete zoning end delete begin insert highways end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 236, as amended, Beall. begin delete Pedestrian travel: stairways. end delete begin insert Public streets, highways, and public service easements. end insert

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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 delete begin delete

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.

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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law, the legislative body of a local agency may summarily vacate a street or highway that has been begin delete superseded by relocation. end delete begin insert impassable for vehicular travel for 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. end insert

This bill would authorize the begin insert legislative body of the end insert City of San Jose to summarily vacate a begin delete 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. end delete begin insert 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. end insert The bill would repeal these provisions as of January 1, begin delete 2017. end delete begin insert 2018. 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:

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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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section begin delete 8330.1 end delete begin insert 8334.6 end insert is added to the Streets and
Highways Code, to read:

begin delete 8330.1. end delete
begin insert 8334.6. end insert   

(a)  begin delete The end delete begin insert Notwithstanding any other provision of this
chapter, the end insert legislative body of the City of San Jose may summarily
vacate a begin delete 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. end delete begin insert 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. end insert

begin insert

(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.

end insert begin delete

(b)

end delete

begin insert (c) end insert  This section shall remain in effect only until January 1, begin delete 2017, end delete
begin insert 2018, end insert and as of that date is repealed.

begin delete SEC. 3. end delete
begin insert SEC. 2. 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 begin delete use of staircases in community
developments served by a specific plan. end delete begin insert vacation of streets,
highways, and public service easements that are impassable for
vehicular travel. end insert