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SB-479 State highways: relinquishment: Routes 75 and 282.(2019-2020)

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Date Published: 08/03/2020 09:00 PM
SB479:v97#DOCUMENT

Amended  IN  Assembly  August 03, 2020
Amended  IN  Senate  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 479


Introduced by Senator Atkins

February 21, 2019


An act to amend Section 1945.5 of the Civil Code, relating to tenancy. An act to amend Sections 375 and 582 of the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 479, as amended, Atkins. Tenancy: automatic renewal or extension of lease. State highways: relinquishment: Routes 75 and 282.
Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would authorize the commission to relinquish to the City of Coronado Route 282 and specified portions of Route 75, under certain conditions.

Under existing law, a lease for residential housing that provides for the automatic renewal or extension of the lease if the lessee remains in possession after the lease’s expiration, or if the lessee fails to give notice of intent not to renew or extend before expiration of the lease, is voidable by the party who did not prepare the lease, unless the renewal or extension provision, and a recital regarding the presence of this provision, appears in the agreement in at least 8-point boldface type, if the contract is printed.

This bill would require instead that the renewal or extension provision and the recital, as described above, appear in at least 12-point boldface type.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 375 of the Streets and Highways Code is amended to read:

375.
 (a) Route 75 is from Route 5 to Route 5 via the Silver Strand and the San Diego-Coronado Toll Bridge.
(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish portions of Route 75, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:
(1) To the City of Coronado, the portions of Route 75 within its city limits.

(1)

(2) To the City of Imperial Beach, the portions of Route 75 within its city limits.

(2)

(3) To the City of San Diego, the portions of Route 75 within its city limits.
(c) The following conditions apply upon relinquishment:
(1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment.
(2) On and after the effective date of the relinquishment, the relinquished portions of Route 75 shall cease to be a state highway.
(3) The portions of Route 75 relinquished under subdivision (b) and this subdivision shall be ineligible for future adoption under Section 81.
(4) The Cities of Coronado, Imperial Beach Beach, and San Diego shall ensure the continuity of traffic flow on the relinquished portions of Route 75, including any traffic signal progression.
(5) For the portions of Route 75 relinquished under subdivision (b) and this subdivision, the Cities of Coronado, Imperial Beach Beach, and San Diego shall install and maintain, within their respective jurisdictions, signs directing motorists to the continuation of the remaining portion of Route 75, 75 and Route 5, to the extent deemed necessary by the department.
(d) The following additional conditions shall apply upon relinquishment of the portion of Route 75 specified in paragraph (1) of subdivision (b):
(1) The City of Coronado shall ensure the continued viability of the portions of Route 75 relinquished pursuant to this section as a Strategic Highway Network Connector, which is part of the Federal Highway System, shall provide continuous and uninhibited defense access, continuity, and emergency capabilities for the movement of military personnel, material, and equipment in both peace time and war time, and shall not diminish the viability of the relinquished portion of Route 75 as a Strategic Highway Network Connector.
(2) Before the City of Coronado takes any action on a portion of Route 75 relinquished to the city pursuant to this section to improve public safety, alter traffic flow, place restrictions on the type of cargo that may be transported on the relinquished portion, or limit the weight or dimensions of vehicles that may use the relinquished portion, the city shall first seek concurrence with the affected military installation to ensure that any proposed action does not diminish the roadway’s viability as a Strategic Highway Network Connector. After seeking concurrence from the affected military installation, the city shall wait no more than 60 days for a response after which it may take the proposed action, unless the city or military installation is required to conduct a formal study to assess the impact pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.), or any other state or federal law.

SEC. 2.

 Section 582 of the Streets and Highways Code is amended to read:

582.
 (a) Route 282 is from Route 75 to the Naval Air Station at North Island in the City of Coronado.
(b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish Route 282 to the City of Coronado, if the department and the City of Coronado enter into an agreement providing for that relinquishment.
(c) The following conditions apply upon relinquishment:
(1) The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment.
(2) On and after the effective date of the relinquishment, Route 282 shall cease to be a state highway.
(3) Route 282 shall be ineligible for future adoption under Section 81.
(4) The City of Coronado shall ensure the continuity of traffic flow on Route 282, including any traffic signal progression.
(5) For Route 282, the City of Coronado shall install and maintain signs directing motorists to the continuation of the remaining portion of Route 75 and Route 5, to the extent deemed necessary by the department.
(6) The City of Coronado shall ensure the continued viability of Route 282 as a Strategic Highway Network Connector, which is part of the Federal Highway System, shall provide continuous and uninhibited defense access, continuity, and emergency capabilities for the movement of military personnel, material, and equipment in both peace time and war time, and shall not diminish the viability of Route 282 as a Strategic Highway Network Connector.
(7) Before the City of Coronado takes any action on Route 282 to improve public safety, alter traffic flow, place restrictions on the type of cargo that may be transported on Route 282, or limit the weight or dimensions of vehicles that may use Route 282, the city shall first seek concurrence with the affected military installation to ensure that any proposed action does not diminish the roadway’s viability as a Strategic Highway Network Connector. After seeking concurrence from the affected military installation, the city shall wait no more than 60 days for a response after which it may take the proposed action, unless the city or military installation is required to conduct a formal study to assess the impact pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.), or any other state or federal law.

SECTION 1.Section 1945.5 of the Civil Code is amended to read:
1945.5.

Notwithstanding any other provision of law, any term of a lease executed after the effective date of this section for the hiring of residential real property that provides for the automatic renewal or extension of the lease for all or part of the full term of the lease if the lessee remains in possession after the expiration of the lease or fails to give notice of the lessee’s intent not to renew or extend before the expiration of the lease shall be voidable by the party who did not prepare the lease unless such renewal or extension provision appears in at least 12-point boldface type, if the contract is printed, in the body of the lease agreement and a recital of the fact that such provision is contained in the body of the agreement appears in at least 12-point boldface type, if the contract is printed, immediately prior to the place where the lessee executes the agreement. In this case, the presumption in Section 1945 of this code shall apply.

Any waiver of the provisions of this section is void as against public policy.