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AB-1139 Development permits: commercial shopping centers: pedestrian accessibility.(2019-2020)

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Date Published: 03/19/2019 09:00 PM
AB1139:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1139


Introduced by Assembly Member Boerner Horvath

February 21, 2019


An act to add Section 18941.20 to the Health and Safety Code, Section 65964.2 to the Government Code, relating to building standards. commercial shopping centers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1139, as amended, Boerner Horvath. Building standards: Development permits: commercial shopping centers: pedestrian accessibility.

The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. The commission is required to adopt specific building standards, including standards for graywater systems and electric vehicle charging infrastructure. Existing law requires the commission to publish, or cause to be published, editions of the California Building Standards Code in its entirety once every 3 years.

The Permit Streamlining Act sets forth various procedures and requirements with respect to the review and approval of development projects, including requiring a public agency that is the lead agency for the project to approve or disapprove the project within specified time periods. That act includes various requirements and conditions with respect to approvals of permits for specific types of development projects.
This bill would require the commission, commencing with the next triennial edition of the California Building Standards Code adopted after January 1, 2020, to adopt, approve, codify, and publish mandatory standards that, when an application is submitted for a building permit for improvements to a commercial shopping center, would require that a city or county, as a condition of approving that building a permit for a development project for a commercial shopping center or for improvements to an existing commercial shopping center, require that the proposed improvements include pedestrian accessibility improvements to make the commercial shopping center accessible to pedestrians if specified conditions apply. The bill would define “commercial shopping center” for these purposes. The bill would also define “improvements to an existing commercial shopping center” and expressly exclude any work done by a commercial tenant in a commercial shopping center. By adding to the duties of local officials with respect to enforcing building standards, reviewing and approving development projects, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65964.2 is added to the Government Code, to read:

65964.2.
 (a) As a condition of approving of an application for a permit for a development project a commercial shopping center, or for improvements to an existing commercial shipping center, a city or county shall require that the commercial shopping center include pedestrian accessibility improvements to make the commercial shopping center accessible to pedestrians, if both of the following apply:
(1) The site of the proposed or existing commercial shopping center is adjacent to another commercial shopping center or a residential area. For purposes of this paragraph, a commercial shopping center shall be considered to be adjacent to another commercial shopping center or a residential area if it is separated only by a public right-of-way.
(2) The proposed or existing commercial shopping center is otherwise inaccessible to pedestrians from that adjacent other commercial shopping center or residential area.
(b) For purposes of this section, the following definitions apply:
(1) “Commercial shopping center” means a group of two or more stores that maintain a common parking lot for patrons of those stores.
(2) “Improvements to an existing commercial shopping center” means a project to develop or modernize a commercial shopping center or a project related to stormwater mitigation. “Improvements to an existing commercial shopping center” does not include any work done by a commercial tenant in a commercial shopping center.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.Section 18941.20 is added to the Health and Safety Code, to read:
18941.20.

(a)The commission shall, commencing with the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2020, adopt, approve, codify, and publish mandatory building standards that, when an application is submitted for a building permit for improvements to a commercial shopping center, would require as a condition of approving that building permit that the proposed improvements include pedestrian accessibility improvements to make the commercial shopping center accessible to pedestrians, if both of the following apply:

(1)The commercial shopping center is adjacent to another commercial shopping center or a residential area. For purposes of this paragraph, a commercial shopping center shall be considered to be adjacent to another commercial shopping center or a residential area if it is separated only by a public right-of-way.

(2)The commercial shopping center is inaccessible to pedestrians from that adjacent other commercial shopping center or residential area.

(b)For purposes of this section, “commercial shopping center” means a group of two or more stores that maintain a common parking lot for patrons of those stores.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.