BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 236 Hearing Date: 5/5/2015
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|Author: |Beall |
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|Version: |4/29/2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant|Alison Dinmore |
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SUBJECT: Vacation of a public easement in San Jose
DIGEST: This bill permits the legislative body of the City of
San Jose to summarily vacate a street, highway, or public
service easement located between Casselino Drive and Mullinex
Way 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.
ANALYSIS:
Existing law permits a local legislative body, through general
vacation proceedings, to vacate, or terminate a public use of, a
street, highway, or public service easement if the legislative
body finds through the evidence submitted that the street,
highway, or public service easement is unnecessary for present
or prospective public use.
Existing law also permits a legislative body of a local agency
to summarily vacate (i.e., without a formal proceeding) a public
easement if one of the following occurs:
1)The easement has not been used for the purpose for which it
was dedicated for five consecutive years immediately preceding
the proposed vacation.
2)The date of acquisition or dedication is less than five years,
and more than one year, immediately preceding the proposed
vacation, and the easement was not used continuously since
that date.
SB 236 (Beall) Page 2 of ?
3)The easement has been superseded by relocation, or determined
to be excess by the easement holder, and there are no other
public facilities located within the easement.
Existing law also permits a legislative body of a local agency
to summarily vacate a street or highway if both of the following
conditions exist:
1)For a period of five consecutive years, the street or highway
has been impassable for vehicular travel.
2)No public money was expended for maintenance on the street or
highway during such period.
A public service easement includes all or part of, or any right
in, a right-of-way, easement, or use restriction acquired for
public use by dedication or otherwise for pathways and other
limited use public easements other than for street or highway
purposes.
A street or highway includes all or part of, or any right in, a
state highway or other public highway, road, street, avenue,
alley, lane, driveway, place, court, trail, or other public
right-of-way or easement, or purported public street or highway.
This bill permits the legislative body of the City of San Jose
to summarily vacate, or terminate the public use of, a street,
highway, or public service easement located between Casselino
Drive and Mullinex Way 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. The legislative body of San Jose may also reserve
the easement from vacation to construct, maintain, operate,
replace, remove, and renew the non-vehicular pathway for use by
the public.
COMMENTS:
1)Purpose of the bill. According to the sponsor, Communications
Hill, located in the heart of San Jose, is a growing community
overlooking the Santa Clara Valley. Its central attraction is
a 200-step staircase leading to the top of the hill that has
drawn visitors from throughout the city for outdoor workouts.
The staircase and its views have also attracted bad actors who
engage in illegal drug use and public drinking, litter, commit
acts of vandalism, and hold noisy events late into the night.
SB 236 (Beall) Page 3 of ?
The hill's popularity has also meant more traffic and scarce
parking, causing consternation amongst the residents who live
near it. This bill would permit the city to terminate the
public use of this staircase and therefore permit the city to
enact curfews and other regulations.
2)Unique circumstances and limited applicability. The City of
San Jose has struggled to respond to the growing number of
complaints and nuisance violations on Communications Hill,
which transpire primarily at night. This staircase was
dedicated as a public service easement, but could also be
classified as a street or highway under the statutory
definitions. Due to the fact that the staircase is open to
the public, the City must allow the sidewalk to be accessible
at all times.
Current statutory authority permits a local government to
generally or summarily terminate the public use of a street,
highway, or public easement; however, the City of San Jose
does not meet the requirements necessary to utilize these
existing processes. This bill would resolve these public
safety issues by permitting the City of San Jose to vacate, or
terminate the public right to use, the staircase on
Communications Hill located between Casselino Drive and
Mullinex Way under limited circumstances and allow the city to
establish a public trail in its place. Public trails do not
have to remain accessible for public use and may therefore
have curfews imposed upon them. This bill would also allow
the city to continue to maintain the staircase.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local:
No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 29, 2015.)
SUPPORT:
City of San Jose (sponsor)
Strangis Properties
Tuscany Hills Homeowners' Association Board of Directors
OPPOSITION:
SB 236 (Beall) Page 4 of ?
None received
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