California Senate Bill SB236 Amended / Bill

 BILL NUMBER: SB 236AMENDED BILL TEXT AMENDED IN SENATE MARCH 24, 2015 INTRODUCED BY Senator Beall FEBRUARY 17, 2015 An act to  amend Section 555 of the Vehicle Code,   add Section 65850.15 to the Government Code,  relating to  pedestrian travel.   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.   This bill would make legislative findings and declarations as to the necessity for a special law.   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.   This bill would exempt from this definition of "sidewalk" a stairway used or designated primarily for pedestrian travel.  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.   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.   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.