AB 1679: Local pop-up small business program.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-30
Current Status:
Passed
(2026-09-30: Chaptered by Secretary of State - Chapter 825, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
(1)Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction to allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program.
(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines food facility to include specified permanent and nonpermanent food facilities.
This bill would specify that the term food facility includes a pop-up small business, as described above, that has been approved for limited food preparation. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program.
(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 specified reasons.
(1)Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction to allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program.
(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines food facility to include specified permanent and nonpermanent food facilities.
This bill would specify that the term food facility includes a pop-up small business, as described above, that has been approved for limited food preparation. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program.
(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 specified reasons.
(1)Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction to allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program.
(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines food facility to include specified permanent and nonpermanent food facilities.
This bill would specify that the term food facility includes a pop-up small business, as described above, that has been approved for limited food preparation. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program.
(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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 specified reasons.
(1)Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction to allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program.
(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines food facility to include specified permanent and nonpermanent food facilities.
This bill would specify that the term food facility includes a pop-up small business, as described above, that has been approved for limited food preparation. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program.
(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction to allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program.
(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, including temporary food facilities, facilities and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines temporary food facility to mean a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. food facility to include specified permanent and nonpermanent food facilities.
This bill would additionally define temporary food facility to mean a food facility approved by the enforcement officer that operates at a fixed location as part of a temporary commercial activation authorization, as described above, for a limited duration within an existing commercial structure, as determined by the enforcement officer. specify that the term food facility includes a pop-up small business, as described above, that has been approved for limited food preparation. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program.
(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction to allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses, this bill would impose a state-mandated local program.
(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, including temporary food facilities, and requires local health agencies to enforce those provisions. A violation of the California Retail Food Code is generally a misdemeanor. Existing law defines temporary food facility to mean a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet.
This bill would additionally define temporary food facility to mean a food facility approved by the enforcement officer that operates at a fixed location as part of a temporary commercial activation authorization, as described above, for a limited duration within an existing commercial structure, as determined by the enforcement officer. By changing the definition of a crime and because the bill would impose a higher level of service on local health agencies, this bill would impose a state-mandated local program.
The(3)The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on on, and provides authorizations to to, local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction, to establish a local pop-up business program jurisdiction to allow, notwithstanding any other law, temporary use of allow temporary commercial activation authorization for a pop-up small business, as those terms are defined, to operate for no more than 120 days in an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require the temporary authorization granted by a local jurisdiction under a local pop-up business program to be conditioned on compliance with minimum public health, fire, building, and life-safety standards necessary to prevent immediate risk to occupants and the public. The a local jurisdiction to consider temporarily suspending, deferring, or modifying specified standards and discretionary requirements. The bill would require a temporary commercial activation to comply with health and safety standards governing temporary use and structures, as specified.
This bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to establish and administer a local allow temporary commercial activation authorization for pop-up business program, small businesses, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on and provides authorizations to local governments relating to these programs. Existing law authorizes the legislative body of an incorporated city or the board of supervisors of a county, as applicable, to license any kind of business not prohibited by law, transacted and carried on within the limits of the jurisdiction of the city or county, and to fix the rate of the license fee and provide for its collection, as provided.
This bill would require a city, including a charter city, county, or city and county, defined as a local jurisdiction, to establish a local pop-up business program to allow, notwithstanding any other law, temporary use of commercial space without requiring full compliance with standards applicable to permanent occupancy, as specified. The bill would require the temporary authorization granted by a local jurisdiction under a local pop-up business program to be conditioned on compliance with minimum public health, fire, building, and life-safety standards necessary to prevent immediate risk to occupants and the public. The bill would further require a local jurisdiction to provide written accessibility compliance guidance materials to an applicant. The bill would authorize a local jurisdiction to establish fees not exceeding the reasonable costs of program administration and create enforcement mechanisms and penalties for noncompliance. By requiring a city, including a charter city, county, or city and county to establish and administer a local pop-up business program, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
Existing law prohibits a person from maintaining or operating, in or upon the navigable waters of any lake, reservoir, or fresh water impoundment, a vessel that is equipped with a toilet unless certain requirements are satisfied.This bill would make technical, nonsubstantive changes to that provision.Existing law prohibits a person from maintaining or operating, in or upon the navigable waters of any lake, reservoir, or fresh water impoundment, a vessel that is equipped with a toilet unless certain requirements are satisfied.
This bill would make technical, nonsubstantive changes to that provision.
The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)(1)Eligible commercial space means an existing building or tenant space that meets all of the following:
(A)It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
(B)It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
(C)It is not currently undergoing structural alteration.
(D)It does not require modification of fire-resistant elements.
(2)For food facilities, in addition to the requirements in paragraph (1), an eligible commercial space shall be fully enclosed by floors, walls, and ceiling.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this chapter.
(e)Temporary commercial activation authorization means an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter.
2.Pop-up Small Business Authorization51028.5.(a)Each local jurisdiction shall allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
(b)A local jurisdiction may allow renewal or extension of the temporary commercial authorization.
(c)A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
(d)Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c).
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies or exceeds the requirements of this chapter.
51028.9.(a)Upon receipt of an application for a temporary use authorized pursuant to Section 51028.5, a local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements:
(1)Long-term parking minimum requirements.
(2)Public improvements and dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire, health, and safety standards for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)(1)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
(2)A food facility seeking to operate pursuant to temporary commercial activation authorization shall not begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation, as defined in Section 113818 of the Health and Safety Code.
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a risk to public health or safety.
51028.21.(a)A local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and health and safety standards appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
SEC. 2.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(12)Microenterprise home kitchen operations.
(13)Catering operation.
(14)Host facility.
(15)Pop-up small businesses, as defined in Section 51028.3 of the Government Code, that have been approved for limited food preparation by the enforcement agency.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home when used for private, noncommercial purposes or when used as a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment, as defined in Section 111955.
(8)A child daycare facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
(14)A limited service charitable feeding operation, as defined in Section 113819.
SEC. 3.(a)The Legislature finds and declares all of the following:
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)(1)Eligible commercial space means an existing building or tenant space that meets all of the following:
(A)It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
(B)It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
(C)It is not currently undergoing structural alteration.
(D)It does not require modification of fire-resistant elements.
(2)For food facilities, in addition to the requirements in paragraph (1), an eligible commercial space shall be fully enclosed by floors, walls, and ceiling.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this chapter.
(e)Temporary commercial activation authorization means an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter.
2.Pop-up Small Business Authorization51028.5.(a)Each local jurisdiction shall allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
(b)A local jurisdiction may allow renewal or extension of the temporary commercial authorization.
(c)A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
(d)Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c).
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies or exceeds the requirements of this chapter.
51028.9.(a)Upon receipt of an application for a temporary use authorized pursuant to Section 51028.5, a local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements:
(1)Long-term parking minimum requirements.
(2)Public improvements and dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire, health, and safety standards for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)(1)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
(2)A food facility seeking to operate pursuant to temporary commercial activation authorization shall not begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation, as defined in Section 113818 of the Health and Safety Code.
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a risk to public health or safety.
51028.21.(a)A local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and health and safety standards appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
SEC. 2.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(12)Microenterprise home kitchen operations.
(13)Catering operation.
(14)Host facility.
(15)Pop-up small businesses, as defined in Section 51028.3 of the Government Code, that have been approved for limited food preparation by the enforcement agency.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home when used for private, noncommercial purposes or when used as a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment, as defined in Section 111955.
(8)A child daycare facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
(14)A limited service charitable feeding operation, as defined in Section 113819.
SEC. 3.(a)The Legislature finds and declares all of the following:
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)(1)Eligible commercial space means an existing building or tenant space that meets all of the following:
(A)It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
(B)It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
(C)It is not currently undergoing structural alteration.
(D)It does not require modification of fire-resistant elements.
(2)For food facilities, in addition to the requirements in paragraph (1), an eligible commercial space shall be fully enclosed by floors, walls, and ceiling.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this chapter.
(e)Temporary commercial activation authorization means an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter.
2.Pop-up Small Business Authorization51028.5.(a)Each local jurisdiction shall allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
(b)A local jurisdiction may allow renewal or extension of the temporary commercial authorization.
(c)A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
(d)Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c).
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies or exceeds the requirements of this chapter.
51028.9.(a)Upon receipt of an application for a temporary use authorized pursuant to Section 51028.5, a local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements:
(1)Long-term parking minimum requirements.
(2)Public improvements and dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire, health, and safety standards for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)(1)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
(2)A food facility seeking to operate pursuant to temporary commercial activation authorization shall not begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation, as defined in Section 113818 of the Health and Safety Code.
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) to Chapter 8 (commencing with 114250), inclusive, Chapter 11 (commencing with Section 114355), and Chapter 13 (commencing with Section 114380) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a risk to public health or safety.
51028.21.(a)A local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and health and safety standards appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
SEC. 2.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(12)Microenterprise home kitchen operations.
(13)Catering operation.
(14)Host facility.
(15)Pop-up small businesses, as defined in Section 51028.3 of the Government Code, that have been approved for limited food preparation by the enforcement agency.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home when used for private, noncommercial purposes or when used as a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment, as defined in Section 111955.
(8)A child daycare facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
(14)A limited service charitable feeding operation, as defined in Section 113819.
SEC. 3.(a)The Legislature finds and declares all of the following:
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)(1)Eligible commercial space means an existing building or tenant space that meets all of the following:
(A)It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
(B)It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
(C)It is not currently undergoing structural alteration.
(D)It does not require modification of fire-resistant elements.
(2)For food facilities, in addition to the requirements in paragraph (1), an eligible commercial space shall be fully enclosed by floors, walls, and ceiling.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this chapter.
(e)Temporary commercial activation authorization means an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter.
2.Pop-up Small Business Authorization51028.5.(a)Each local jurisdiction shall allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
(b)A local jurisdiction may allow renewal or extension of the temporary commercial authorization.
(c)A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
(d)Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c).
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies or exceeds the requirements of this chapter.
51028.9.(a)Upon receipt of an application for a temporary use authorized pursuant to Section 51028.5, a local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements. requirements:
(1)Long-term parking minimum requirements.
(2)Public improvements and dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire, health, and safety standards for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)(1)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(2)A food facility seeking to operate pursuant to temporary commercial activation authorization shall not begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation, as defined in Section 113818 of the Health and Safety Code.
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a risk to public health or safety.
51028.21.(a)A local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and health and safety standards appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
SEC. 2.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(12)Microenterprise home kitchen operations.
(13)Catering operation.
(14)Host facility.
(15)Pop-up small businesses, as defined in Section 51028.3 of the Government Code, that have been approved for limited food preparation by the enforcement agency.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home when used for private, noncommercial purposes or when used as a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment, as defined in Section 111955.
(8)A child day care daycare facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
(14)A limited service charitable feeding operation, as defined in Section 113819.
SEC. 3.(a)The Legislature finds and declares all of the following:
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)(1)Eligible commercial space means an existing building or tenant space that meets all of the following:
(1)(A)It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
(2)(B)It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
(3)(C)It is not currently undergoing structural alteration.
(4)(D)It does not require modification of fire-resistant elements.
(2)For food facilities, in addition to the requirements in paragraph (1), an eligible commercial space shall be fully enclosed by floors, walls, and ceiling.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation or temporary food facility standards under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this chapter.
(e)Temporary commercial activation authorization means an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter.
2.Pop-up Small Business Authorization51028.5.(a)Each local jurisdiction shall allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
(b)A local jurisdiction may allow renewal or extension of the temporary commercial authorization.
(c)A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
(d)Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c).
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies or exceeds the requirements of this chapter.
51028.9.(a)A Upon receipt of an application for a temporary use authorized pursuant to Section 51028.5, a local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements.
(1)Long-term parking minimum requirements.
(2)Public improvements and dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire, health, and safety standards for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)(1)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation and temporary food facilities under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(2)A food facility seeking to operate pursuant to temporary commercial activation authorization shall not begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation, as defined in Section 113818 of the Health and Safety Code.
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a risk to public health or safety.
51028.21.(a)A local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and health and safety standards appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
SEC. 2.Section 113930 of the Health and Safety Code is amended to read:113930.Temporary food facility means either of the following:(a)A food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet.(b)A food facility approved by the enforcement officer that operates at a fixed location as part of a temporary commercial activation authorization, as described in Chapter 5.9 (commencing with Section 51028) of Part 1 of Division 1 of Title 5 of the Government Code, for a limited duration within an existing commercial structure, as determined by the enforcement officer.SEC. 2.Section 113789 of the Health and Safety Code is amended to read:113789.(a)Food facility means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(b)Food facility includes permanent and nonpermanent food facilities, including, but not limited to, the following:
(1)Public and private school cafeterias.
(2)Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c).
(4)Commissaries.
(5)Mobile food facilities.
(6)Mobile support units.
(7)Temporary food facilities.
(8)Vending machines.
(9)Certified farmers markets, for purposes of permitting and enforcement pursuant to Section 114370.
(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.
(11)Fishermens markets.
(12)Microenterprise home kitchen operations.
(13)Catering operation.
(14)Host facility.
(15)Pop-up small businesses, as defined in Section 51028.3 of the Government Code, that have been approved for limited food preparation by the enforcement agency.
(c)Food facility does not include any of the following:
(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.
(2)A private home when used for private, noncommercial purposes or when used as a cottage food operation that is registered or has a permit pursuant to Section 114365.
(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.
(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.
(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.
(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.
(7)A commercial food processing establishment, as defined in Section 111955.
(8)A child day care facility, as defined in Section 1596.750.
(9)A community care facility, as defined in Section 1502.
(10)A residential care facility for the elderly, as defined in Section 1569.2.
(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.
(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.
(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.
(13)A community food producer, as defined in Section 113752.
(14)A limited service charitable feeding operation, as defined in Section 113819.
SEC. 3.(a)The Legislature finds and declares all of the following:
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)Eligible commercial space means an existing building or tenant space that meets all of the following:
(1)It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
(2)It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
(3)It is not currently undergoing structural alteration.
(4)It does not require modification of fire-resistant elements.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation or temporary food facility standards under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this chapter.
(e)Temporary commercial activation authorization means an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter.
2.Pop-up Small Business Authorization51028.5.(a)Each local jurisdiction shall allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
(b)A local jurisdiction may allow renewal or extension of the temporary commercial authorization.
(c)A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
(d)Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c).
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies the requirements of this chapter.
51028.9.(a)A local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements.
(1)Long-term parking minimum requirements.
(2)Public improvements and dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire, health, and safety standards for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation and temporary food facilities under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a risk to public health or safety.
51028.21.(a)A local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and health and safety standards appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
SEC. 2.Section 113930 of the Health and Safety Code is amended to read:113930.Temporary food facility means a either of the following:
(a)A food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet.
(b)A food facility approved by the enforcement officer that operates at a fixed location as part of a temporary commercial activation authorization, as described in Chapter 5.9 (commencing with Section 51028) of Part 1 of Division 1 of Title 5 of the Government Code, for a limited duration within an existing commercial structure, as determined by the enforcement officer.
SEC. 2.SEC. 3.(a)The Legislature finds and declares all of the following:
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.
REVISIONS: HeadingLine 1.The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)Eligible commercial space means an existing building or tenant space that meets all of the following:
(1)Previously designed or used for commercial purposes.(1)It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
(2)It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
(2)Not(3)It is not currently undergoing structural alteration.
(3)Does(4)It does not require modification of fire-resistant elements.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation or temporary food facility standards under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Local pop-up business program means a program adopted by a city or county pursuant to this chapter. (e)(d)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization for a period not exceeding 120 days, subject to renewal pursuant to this chapter.
(f)(e)Temporary commercial activation authorization means a time-limited an authorization issued by a local jurisdiction permitting commercial operation of an existing to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this chapter.
2.Local Pop-up Business Program Pop-up Small Business Authorization51028.5.(a)Each local jurisdiction shall establish a local pop-up business program to allow temporary commercial activation authorization for eligible temporary use of eligible commercial space. a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
(b)A temporary commercial activation authorization shall authorize an eligible temporary use for a period not to exceed 120 days.(c)(b)A local jurisdiction may allow renewal or extension of the temporary commercial activation authorization, authorization.
(c)A local jurisdiction may require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space does not exceed exceeds 12 months within any 24-month period.
(d)After the maximum cumulative duration is reached, a local jurisdiction shall require an application for permanent occupancy under standard local processes for continued operation.(d)Nothing in this chapter shall be construed to prohibit a local agency from requiring an application for permanent occupancy after 12 months within any 24-month period, pursuant to subdivision (c).
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may implement a local pop-up business program meet the requirements of this chapter through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies the requirements of this chapter.
51028.7.Notwithstanding any other law, a temporary commercial activation authorization issued pursuant to this chapter shall do all of the following:(a)Allow eligible temporary use of eligible commercial space without requiring full compliance with standards applicable to permanent occupancy.(b)Be conditioned on compliance with minimum public health, fire, building, and life-safety standards necessary to prevent immediate risk to occupants and the public.51028.9.(a)Notwithstanding any other law, a A local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy and are not directly related to immediate life-safety risks, including, but not limited to, any of the following: occupancy. A local jurisdiction shall consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements.
(1)Long-term parking minimum requirements.
(2)Public improvement improvements and dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy. tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in Section 23038 of the Business and Professions Code.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire and life-safety provisions fire, health, and safety standards for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable life-safety provisions health and safety standards governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation and temporary food facilities under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a clear and immediate risk to public health or safety.
51028.21.(a)Notwithstanding any other law, a A local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and life-safety conditions health and safety standards appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of this chapter or a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
51028.23.(a)A pop-up small business operating under a temporary commercial activation authorization may apply for permanent occupancy through standard local processes.(b)A local jurisdiction may encourage transition to permanent tenancy but shall not require permanent buildout as a condition of a temporary commercial activation authorization granted pursuant to a local pop-up business program.SEC. 2.(a)The Legislature finds and declares all of the following following:
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The Legislature finds and declares all of the following:
(a)Small businesses are essential to Californias economic vitality, job creation, and neighborhood character.
(b)Many small businesses face lengthy, costly, and unpredictable approval timelines to open permanent storefronts, requiring substantial upfront investment before market viability can be tested.
(c)Extended commercial vacancies reduce foot traffic, public safety, local tax revenue, and community vitality.
(d)Short-term commercial activation has proven effective in reducing vacancy, supporting entrepreneurship, and reactivating underutilized commercial space.
(e)Existing building, planning, and public health standards are primarily designed for permanent use and may be disproportionate when applied to limited duration commercial activity.
(f)Establishing a temporary, low-risk pathway for commercial activation allows small businesses to test locations and concepts while preserving public health and safety.
(g)Inconsistent local treatment of temporary commercial activation contributes to prolonged vacancy and uneven economic recovery statewide.
(h)Temporary commercial activation may support recovery efforts following natural disasters and other declared emergencies by allowing businesses to reestablish operations in affected communities.
(i)Activation of vacant storefronts supports the revitalization of downtowns and neighborhood commercial corridors and promotes pedestrian activity, public safety, and economic resilience.
51028.3.For purposes of this chapter, the following definitions shall apply:
(a)Eligible commercial space means an existing building or tenant space that meets all of the following:
(1)Previously designed or used for commercial purposes.
(2)Not currently undergoing structural alteration.
(3)Does not require modification of fire-resistant elements.
(b)(1)Eligible temporary use means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations), with an occupant load not exceeding 49 persons.
(2)Eligible temporary use does not include Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(3)For food facilities, eligible temporary use shall be limited to activities consistent with limited food preparation or temporary food facility standards under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(c)Local jurisdiction means a city, including a charter city, county, or city and county.
(d)Local pop-up business program means a program adopted by a city or county pursuant to this chapter.
(e)Pop-up small business means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization for a period not exceeding 120 days, subject to renewal pursuant to this chapter.
(f)Temporary commercial activation authorization means a time-limited authorization issued by a local jurisdiction permitting commercial operation of an existing space under temporary occupancy standards established pursuant to this chapter.
2.Local Pop-up Business Program51028.5.(a)Each local jurisdiction shall establish a local pop-up business program to allow temporary commercial activation authorization for eligible temporary use of eligible commercial space.
(b)A temporary commercial activation authorization shall authorize an eligible temporary use for a period not to exceed 120 days.
(c)A local jurisdiction may allow renewal or extension of the temporary commercial activation authorization, if the cumulative duration of an eligible temporary use in a single eligible commercial space does not exceed 12 months within any 24-month period.
(d)After the maximum cumulative duration is reached, a local jurisdiction shall require an application for permanent occupancy under standard local processes for continued operation.
(e)This chapter shall not be deemed to prohibit a business from applying for permanent occupancy at any time.
(f)A local jurisdiction may implement a local pop-up business program through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies the requirements of this chapter.
51028.7.Notwithstanding any other law, a temporary commercial activation authorization issued pursuant to this chapter shall do all of the following:
(a)Allow eligible temporary use of eligible commercial space without requiring full compliance with standards applicable to permanent occupancy.
(b)Be conditioned on compliance with minimum public health, fire, building, and life-safety standards necessary to prevent immediate risk to occupants and the public.
51028.9.(a)Notwithstanding any other law, a local jurisdiction may temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy and are not directly related to immediate life-safety risks, including, but not limited to, any of the following:
(1)Long-term parking minimum requirements.
(2)Public improvement dedications associated with permanent occupancy.
(3)Tenant improvement valuation thresholds triggering full building system upgrades.
(4)Discretionary land use procedures required for permanent tenancy.
(b)This section shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
51028.11.(a)A temporary commercial activation authorization shall not allow any of the following:
(1)Structural alteration.
(2)Modification of fire-resistant elements.
(3)Change to a higher risk occupancy classification under the California Building Code (Part 7 of Title 24 of the California Code of Regulations).
(b)Notwithstanding any other law, a temporary commercial activation authorization may allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
(1)The occupant load does not exceed 49 persons, except as prohibited in subdivision (a).
(2)No structural alteration is required.
(3)All applicable fire and life-safety provisions for the temporary occupancy are satisfied.
51028.13.(a)A temporary commercial activation authorization shall comply with applicable life-safety provisions governing temporary uses or temporary structures under the California Building Code (Part 7 of Title 24 of the California Code of Regulations) and temporary events provisions under the California Fire Code (Part 9 of Title 24 of the California Code of Regulations), including, but not limited to, standards for temporary structures and fire department access.
(b)This chapter shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
51028.15.(a)A temporary commercial activation authorization under this chapter shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
(b)A local jurisdiction shall provide written accessibility compliance guidance materials to an applicant and may require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
(c)A temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
51028.17.(a)A food facility operating pursuant to temporary commercial activation authorization shall comply with all applicable provisions regulating limited food preparation and temporary food facilities under the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
(b)Notwithstanding any other law, a local enforcement agency responsible for environmental health may impose additional temporary food safety requirements consistent with the California Retail Food Code (Chapter 1 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code).
51028.19.This chapter shall not be deemed to authorize a temporary use that poses a clear and immediate risk to public health or safety.
51028.21.(a)Notwithstanding any other law, a local jurisdiction may establish any of the following:
(1)Eligible uses and operational limits consistent with this chapter.
(2)Fire, accessibility, and life-safety conditions appropriate for temporary use.
(3)Fees not exceeding the reasonable costs of program administration.
(4)Enforcement mechanisms and penalties for noncompliance.
(b)A temporary commercial activation authorization shall not be deemed to confer a vested right. A local jurisdiction may revoke a temporary commercial activation authorization for a violation of a condition of a local pop-up business program.
(c)A temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this chapter shall not be deemed permanent occupancy or establish legal nonconformity.
51028.23.(a)A pop-up small business operating under a temporary commercial activation authorization may apply for permanent occupancy through standard local processes.
(b)A local jurisdiction may encourage transition to permanent tenancy but shall not require permanent buildout as a condition of a temporary commercial activation authorization granted pursuant to a local pop-up business program.
SEC. 2.(a)The Legislature finds and declares all of the following
(1)Inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state.
(2)Commercial vacancy reduction and small business activation materially affect statewide economic recovery, employment, sales tax generation, and community stability.
(3)Statewide temporary commercial activation authorization supports recovery efforts following natural disasters, including wildfires and other declared emergencies, by providing flexible pathways for businesses to reestablish operations in affected communities.
(4)Revitalization of downtowns and neighborhood commercial corridors has been identified as a statewide priority, and activation of vacant storefronts promotes pedestrian activity, public safety, and economic resilience.
(5)Promoting a consistent regulatory framework that demonstrates Californias commitment to small business development and commercial corridor revitalization is a matter of statewide concern and is not a purely municipal affair.
(b)The Legislature finds and declares for all these reasons, a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code applies to all cities, including charter cities.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 117505 of the Health and Safety Code is amended to read:117505.A person shall not maintain or operate, in or upon the navigable waters of any lake, reservoir, or fresh water impoundment of this state, a vessel that is equipped with a toilet unless the toilet is sealed or otherwise rendered inoperable or designed so that no human excreta can be discharged into the waters.No person shall A person shall not maintain or operate operate, in or upon the navigable waters of any lake, reservoir, or fresh water impoundment of this state any state, a vessel that is equipped with a toilet unless the toilet is sealed or otherwise rendered inoperable or designed so that no human excreta can be discharged into the waters.
|
Date
|
Status
|
|---|---|
| Sep 30, 2026 | Chaptered by Secretary of State - Chapter 825, Statutes of 2026. |
| Sep 30, 2026 | Approved by the Governor. |
| Sep 4, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.). |
| Aug 27, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6708.). |
| Aug 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 26, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.). |
| Aug 18, 2026 | Read second time. Ordered to third reading. |
| Aug 17, 2026 | Read third time and amended. Ordered to second reading. |
| Aug 4, 2026 | Read second time. Ordered to third reading. |
| Aug 3, 2026 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Aug 3, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 2, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 1). Re-referred to Com. on APPR. |
| Jun 17, 2026 | From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 4. Noes 2.) (June 17). Re-referred to Com. on HEALTH. |
| Jun 10, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. |
| Jun 3, 2026 | Referred to Coms. on L. GOV. and HEALTH. |
| May 27, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5296.) |
| May 26, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0.) |
| May 26, 2026 | Read third time. Passed. Ordered to the Senate. |
| May 18, 2026 | Read second time. Ordered to third reading. |
| May 14, 2026 | Joint Rule 62(a), file notice suspended. (Page 5030.) |
| May 14, 2026 | Joint Rule 62(a), file notice suspended. |
| May 14, 2026 | From committee: Do pass. (Ayes 15. Noes 0.) (May 14). |
| May 14, 2026 | Coauthors revised. |
| May 13, 2026 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 27, 2026 | Re-referred to Com. on APPR. |
| Apr 23, 2026 | Read second time and amended. |
| Apr 22, 2026 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 21). |
| Apr 20, 2026 | Re-referred to Com. on HEALTH. |
| Apr 16, 2026 | From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 10. Noes 0.) (April 15). Re-referred to Com. on HEALTH. |
| Apr 16, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended. |
| Mar 23, 2026 | Re-referred to Com. on L. GOV. |
| Mar 19, 2026 | Referred to Coms. on L. GOV. and HEALTH. |
| Mar 19, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Feb 3, 2026 | From printer. May be heard in committee March 5. |
| Feb 2, 2026 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2026 | AB 1679 Mark González Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 26, 2026 | Assembly 3rd Reading AB1679 Mark González et al. By Durazo | Senate Floor |
Passed |
|
| Jul 1, 2026 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Health |
Passed |
|
| Jun 17, 2026 | Do pass, but first be re-referred to the Committee on [Health] | Senate Standing Committee on Local Government |
Passed |
|
| May 26, 2026 | AB 1679 Mark González Assembly Third Reading | Assembly Floor |
Passed |
|
| May 14, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 21, 2026 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Health |
Passed |
|
| Apr 15, 2026 | Do pass and be re-referred to the Committee on [Health] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Betsy Restaurant | ** Support | |
| Burger She Wrote | ** Support | |
| California Association of Environmental Health Administrators | ** Against | |
| California Community Foundation | ** Support | |
| California Downtown Association | ** Support | |
| Central City Association Of Los Angeles | ** Support | |
| City Of Galt | ** Against | |
| Civil Coffee | ** Support | |
| Ferazzani’s Pasta and Market | ** Support | |
| Immigrants Rising | ** Support | |
| Inclusive Action for the City | ** Support | |
| Independent Hospitality Coalition | ** Support | |
| Little Tokyo Service Center | ** Support | |
| Los Angeles Historic Core Business Improvement District | ** Support | |
| Los Angeles Historic Core Business Improvement District (historic Core B.i.d.) | ** Support | |
| Petitgrain Boulangerie | ** Support | |
| Tea At Shiloh | ** Support | |
| The Arepa Group LLC | ** Support | |
| The Chocolate Dispensary | ** Support | |
| Westside Council Of Chambers Of Commerce | ** Support | |
| Westside Council of Chambers of Commerce (WC3) | ** Support | |
| Woon | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1679
Author:(Mark González and Wicks)
As Amended Ver:August 17, 2026
Majority vote
SUMMARY
Requires cities and counties to allow pop-up small businesses to operate on a temporary basis.
Senate Amendments
- Adds "pop-up small businesses" that have been approved for limited operation by the enforcement agency to the definition of "food facility" in the California Retail Food Code.
- Specify that food facilities shall be fully enclosed by floors, walls, and a ceiling in addition to meeting the requirements for an "eligible commercial space."
- Clarify that pop-up small businesses that are operating as food facilities need to comply with all relevant provisions of the California Retail Food Code (CRFC).
- Prohibit a food facility seeking to operate pursuant to temporary commercial activation authorization from beginning operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation, as specified.
- Make other technical changes.
COMMENTS
Background. The California Constitution allows cities and counties to "make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws." It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
Building Codes. The California Building Standards Code (Title 24 of the California Code of Regulations) contains building standards and regulations as adopted by the CBSC. These standards include, among other requirements, structural standards for building safety (the Building Code), fire safety standards (the Fire Code), energy efficiency standards (the Energy Code), and standards for green buildings (CalGreen). The CBSC updates the Building Standards Code on a three-year cycle—the CBSC published new standards that went into effect on January 1, 2023. Once adopted at the state level, cities and counties in California then enact an ordinance to adopt the codes. Improvements to existing buildings must comply with the current building codes and may trigger additional code upgrades for other parts of the building.
California Retail Food Code. Businesses that sell food are regulated under the California Retail Food Code (CRFC). The CRFC lays out the requirements that food retailers must meet, including operational practices, equipment standards, and standards for facilities, such as kitchens and restrooms. County offices of environmental health—and the environmental health departments in four cities—regulate retail food operations. The CRFC differentiates among permanent food facilities, mobile food facilities, temporary food facilities, cottage food operations, microenterprise home kitchens, and other types of food retail, and has differing rules for each.
The CRFC includes the structural, equipment, and operational requirements for all California retail food facilities. Any person proposing to build or remodel a food facility must submit building plans to the enforcement agency for review and receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. The enforcement agency must approve or reject plans within 20 business days after receipt by the enforcement agency; if they don't they are deemed approved. A local building department cannot issue a building permit for a food facility until it has received plan approval from the enforcement agency.
Excessive Delays for Plan Checks. Existing law requires a local agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions upon the request of an applicant when there is an "excessive delay" in checking the applicant's plans and specifications. Plan-checking includes items such as compliance with building, health, and safety codes.
For a nonresidential permit for the remodeling or tenant improvements of a building, "excessive delay" generally means the building department of the local agency has taken more than 50 days after receiving a complete application to check the applicant's plans and specifications. "Excessive delay" can also be claimed if the agency takes more than 60 days to check the initial application and check resubmitted corrected plans and specifications after the agency returned the plans to the applicant for correction.
Local Fast-Tracking of Tenant Improvement Projects. Some cities, including San Diego and Los Angeles, have developed programs to fast-track the permitting and approval process for tenant improvement projects. According to the Building Owners and Manufactures Association of Greater Los Angeles (BOMA/GLA), "During the height of the crisis of the pandemic, Los Angeles Department of Building and Safety (LADBS) met with the American Institute of Architects (AIALA), BOMA/GLA, and the California Construction Authority (CCA) to identify a proactive approach to ensure that the private sector could more effectively and more expeditiously respond to the urgent need to reconfigure, retrofit, and/or reprogram existing workplaces, retail sites, and commercial office buildings to adapt to new market conditions and demands for healthy, safer, and more equitable interior spaces."
Los Angeles' Fast-Track Office Tenant Improvement Program and San Diego's Office Tenant Improvement Professional Certification Permit program require plans to be stamped and signed by a California licensed architect or engineer. The Los Angeles Program additionally requires that the project does not involve a change of use or additional floor area and does not require approval from other city or county departments. The San Diego program requires, among other things, that the project is not a first-generation tenant improvement, does not alter, remove, or add plumbing fixtures, does not make changes to the exterior of the building, does not alter or change stairways or stair vestibules, does not include new floor openings, does not reduce accessibility, and does not require special inspections. The Los Angeles program has a goal of completing plan review within two business days of plan-check fees payment, while San Diego's program offers issuance of a permit within the same day that a virtual appointment is completed.
AB 671 (Wicks) of 2026. In an effort to expedite tenant improvements for restaurants, the Legislature approved AB 671 (Wicks), Chapter 470, Statutes of 2025, which required a local building or permitting department to allow an applicant to have a qualified professional certifier certify that the plans for a tenant improvement relating to a restaurant comply with applicable building, health, and safety codes. The bill applied to restaurants, defined as a retail food establishment that prepares, serves, and vends food directly to the consumer. Fast food restaurants were specifically excluded from the bill, as were tenant improvements subject to plan review requirements under the California Retail Food Code.
AB 671 required a qualified professional certifier to be a licensed engineer or architect that has specified liability insurance coverage and has five years of experience in commercial design or plan checking. The tenant improvements must comply with state and local building standards, and the professional certifier must prepare an affidavit attesting that the tenant improvement plans comply with all applicable laws and regulations. The certifier or the applicant must attest that the restaurant is eligible for the program.
AB 671 required the local building department to approve or deny an application within 20 business days of receiving it. If the local building department does not approve or deny the application within this period, the certified plan is deemed approved for permitting purposes, provided that all fees and required documents have been submitted. The bill also allowed an applicant to resubmit corrected plans addressing deficiencies if denied. The local building department must approve or deny each subsequent resubmission within 10 business days of receipt, and review of each subsequent resubmission must be limited to correcting the deficiencies identified in the initial denial.
AB 671 allowed local building departments to charge permit fees for applications using a qualified professional certifier and required random audits of no less than 20% of all tenant improvements submitted for self-certification every week.
AB 671 also established various enforcement measures. A city or county may adopt additional qualifications or requirements for a qualified professional certifier, including:
- A requirement to register with the city or county prior to certifying plans.
- Training requirements that must be completed prior to certifying plans.
- Payment of fees not to exceed the reasonable cost of implementing the requirements of the bill.
- Penalties that may include decertification as a qualified professional certifier in that jurisdiction or reasonable administrative fines for either willful noncompliance or two or more instances in which the qualified professional certifier attested to certifying noncompliant plans.
AB 671 provided that a qualified professional certifier is liable for any damages arising from negligent plan review, required the applicant to indemnify the local agency from any injury arising from construction, and provided that a public entity or public employee is not liable for an injury caused by their actions related to a permit issued under the bill.>
According to the Author
"Despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California's local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop ups in mind.
"AB 1679 would remove these barriers by establishing a single, statewide "Temporary Commercial Activation Permit' for pop up businesses. In my own district, empty storefronts sit side by side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life."
Arguments in Support
The Independent Hospitality Coalition, the sponsor of the bill, writes in support, "AB 1679 creates a defined pathway for low-risk, time-limited use of existing commercial spaces, aligning regulatory requirements with the temporary nature of the activity while maintaining essential health, safety, and accessibility protections…
"Importantly, this bill does not weaken safety standards. Instead, it introduces a common-sense approach that recognizes that temporary, low-risk uses should not be regulated as permanent development. California has successfully implemented similar right-sized frameworks in other areas, such as cottage food operations and sidewalk vending, expanding access to entrepreneurship while maintaining public protections. It is time to bring that same level of modernization to our commercial storefronts.
"As California prepares for major global events and continues to rebuild its local economies, we must ensure that our neighborhoods reflect a vibrant, accessible, and opportunity-driven small business environment."
Arguments in Opposition
The City of Galt writes in opposition, "While intended to support entrepreneurship AB 1679 creates significant negative impacts for smaller communities like Galt by forcing cities to absorb new administrative, enforcement, and public safety responsibility without guaranteed funding or local flexibility.
"The bill would require cities to create entirely new permitting and oversight processes for temporary commercial operations while limiting local discretion in zoning and land-use decision. This is another example of the State overriding local control and imposing a one-size-fits all approach on communities with very different needs and capacities.
"For Galt, the impacts are clear:
- "Increased staff workload for permitting, inspections, code enforcement, and compliance monitoring.
- "Additional pressure on law enforcement and public safety resources.
- "Increased traffic, parking, noise, and operational impacts on surrounding neighborhoods and commercial areas.
- "Greater strain on existing infrastructure and city services.
- "Unfair competition for existing brick-and-mortar restaurants and small businesses that already comply with extensive permitting, lease, and operation requirements."
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM LOCAL GOVERNMENT: 10-0-0
YES: Carrillo, Ta, Johnson, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
ASM HEALTH: 16-0-0
YES: Bonta, Chen, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Mark González, Johnson, Patel, Patterson, Rogers, Sanchez, Schiavo, Sharp-Collins, Stefani
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
ASSEMBLY FLOOR: 77-0-3
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Hadwick, Muratsuchi, Celeste Rodriguez
UPDATED
VERSION: August 17, 2026
CONSULTANT: Linda Rios / L. GOV. / (916) 319-3958 FN: 0004335
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1679 |
THIRD READING
Bill No: AB 1679
Author: Mark González (D) and Wicks (D), et al.
Amended: 8/17/26 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 4-2, 6/17/26
AYES: Durazo, Arreguín, Cervantes, Laird
NOES: Choi, Seyarto
NO VOTE RECORDED: Ashby
SENATE HEALTH COMMITTEE: 8-2, 7/1/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Smallwood-Cuevas
NOES: Valladares, Grove
NO VOTE RECORDED: Rubio
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/26/26 - See last page for vote
SUBJECT: Local pop-up small business program
SOURCE: Independent Hospitality Coalition
DIGEST:
This bill requires cities and counties to allow pop-up small businesses to operate on a temporary basis.
Senate Floor Amendments of 8/17/26 make technical changes to clarify that pop-up small businesses that are operating as food facilities need to comply with all relevant provisions of the California Retail Food Code (CRFC) and make other technical changes.
ANALYSIS:
Existing law:
- Allows, under the California Constitution, cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
- Regulates businesses that sell food under CRFC, as specified.
This bill:
- Requires cities and counties to allow pop-up small businesses to operate on a temporary basis. Requires a city or county to allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
- Defines:
- “Eligible commercial space” to mean an existing building or tenant space that meets all of the following requirements:
- The local jurisdiction allows commercial use in the building;
- It meets applicable health and safety standards associated with the use proposed to be conducted in the building;
- It is not currently undergoing structural alteration;
- It does not require modification of fire-resistant elements;
- For food facilities, it is fully enclosed by floors, walls, and ceiling.
- “Eligible temporary use” to mean commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy that can house no more than 49 occupants. It specifically excludes Assembly, Institutional, Residential, or High-Hazard occupancies. For food facilities, the “eligible temporary use” must be consistent with limited food preparation under the CRFC.
- “Pop-up small business” to mean a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization, which is an authorization a city or county issues to a pop-up small business to operate temporarily, as specified.
- “Eligible commercial space” to mean an existing building or tenant space that meets all of the following requirements:
- Requires every city and county to allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days. A city or county can pause or modify development standards and discretionary requirements that are triggered by permanent occupancy. It must consider modifying or pausing parking standards, improvements or dedications, requirements that would trigger a full building system update, and discretionary land use procedures. They can also:
- Renew or extend this authorization;
- Establish eligible uses and operational limits consistent with this bill;
- Adopt fire, accessibility, and health and safety standards appropriate for temporary use;
- Impose fees not exceeding the reasonable costs of program administration;
- Establish enforcement mechanisms and penalties for noncompliance; and
- Require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
- Provides that a city or county is not required to create a new program if it has an existing permitting framework that meets the requirements of this bill.
- Prohibits a temporary commercial activation authorization from being used for:
- Structural alteration;
- Modification of fire-resistant elements; or
- Change to a higher risk occupancy classification under the California Building Code.
- Allows, notwithstanding any other law, a temporary commercial activation authorization to be used to change occupancies between Group B (Business) and Group M (Mercantile), if specified conditions are met.
- A temporary commercial activation authorization must comply with the California Building Code and the California Fire Code. Local fire officials can impose additional safety conditions necessary to protect occupants and the public. This bill includes specified accessibility requirements and requires cities and counties to provide guidance materials on accessibility compliance to a temporary commercial activation authorization.
- Adds pop-up businesses to the list of food facilities and requires them to comply with all applicable provisions regulating limited food preparation under the CRFC. A food facility seeking to operate pursuant to temporary commercial activation authorization cannot begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation. Notwithstanding any other law, a local enforcement agency responsible for environmental health can impose additional temporary food safety requirements consistent with the CRFC.
- Includes numerous provisions affirming the application of other state and local laws to temporary commercial activations.
- Includes findings and declarations to support its purposes.
Background
California Retail Food Code. Businesses that sell food are regulated under the California Retail Food Code (CRFC). The CRFC lays out the requirements that food retailers must meet, including operational practices, equipment standards, and standards for facilities, such as kitchens and restrooms. County offices of environmental health—and the environmental health departments in four cities—regulate retail food operations. The CRFC differentiates among permanent food facilities, mobile food facilities, temporary food facilities, cottage food operations, microenterprise home kitchens, and other types of food retail, and has differing rules for each.
The CRFC includes the structural, equipment, and operational requirements for all California retail food facilities. Any person proposing to build or remodel a food facility must submit building plans to the enforcement agency for review and receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. The enforcement agency must approve or reject plans within 20 business days after receipt by the enforcement agency; if they don’t they are deemed approved. A local building department cannot issue a building permit for a food facility until it has received plan approval from the enforcement agency.
Pop-ups. Pop-up businesses are temporary retail or restaurant spaces that open in existing spaces for a limited time. Pop-ups can offer unique customer experiences, and the limited duration of a pop-up can drive a sense of scarcity, increasing interest in the business. Business owners may conceive of pop-ups around themes, holidays, events, or promotions. As cities and counties across California seek to revitalize their downtowns following the COVID-19 pandemic, some have turned to pop-ups to generate interest and act as a foothold for additional commercial activity. One prominent example is the City and County of San Francisco’s Vacant to Vibrant program, which is a partnership between a local community group and the City that helps small businesses collaborate with local property owners to create pop-ups in downtown San Francisco for durations of three months. For pop-ups seeking to transition to full-time occupancy of a space after that period, the Vacant to Vibrant program works with the City’s Office of Small Business to encourage transition to permanent occupancy.
The Independent Hospitality Coalition wants the Legislature to make it easier to open pop-ups.
Comments
Purpose of the bill. According to the author, “Despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California’s local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind.
“AB 1679 would remove these barriers by establishing a single, statewide “Temporary Commercial Activation Permit’ for pop‑up businesses. In my own district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life.”
Home rule. Economic development and public welfare are two goals that sometimes conflict, and local residents elect their city councilmembers and county supervisors to balance these competing interests. Pop-up businesses can encourage economic development, revitalize neighborhoods, and generate sales tax dollars, among other benefits, but may come with impacts to the surrounding community that may not be fully mitigated if they don’t go through the same level of review that permanent occupancies do. AB 1679 directs local governments to establish programs to allow pop-up businesses. It provides significant flexibility in how the programs are designed, so local governments can tailor them to their needs. However, local governments that do not want to allow pop-ups will be required to permit them to some degree as a result of this bill.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/18/26)
Independent Hospitality Coalition (source)
Betsy Restaurant
California Community Foundation
California Downtown Association
Central City Association of Los Angeles
Civil Coffee
Immigrants Rising
Inclusive Action for the City
Little Tokyo Service Center
Los Angeles Historic Core Business Improvement District (historic Core B.i.d.)
Tea At Shiloh
The Chocolate Dispensary
Westside Council of Chambers of Commerce
Woon
OPPOSITION: (Verified 8/18/26)
City of Galt
ASSEMBLY FLOOR: 77-0, 5/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Hadwick, Muratsuchi, Celeste Rodriguez
Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119
8/18/26 16:11:57
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 1679 |
THIRD READING
Bill No: AB 1679
Author: Mark González (D) and Wicks (D), et al.
Amended: 8/3/26 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 4-2, 6/17/26
AYES: Durazo, Arreguín, Cervantes, Laird
NOES: Choi, Seyarto
NO VOTE RECORDED: Ashby
SENATE HEALTH COMMITTEE: 8-2, 7/1/26
AYES: Weber Pierson, Caballero, Durazo, Gonzalez, Menjivar, Padilla, Pérez, Smallwood-Cuevas
NOES: Valladares, Grove
NO VOTE RECORDED: Rubio
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/26/26 - See last page for vote
SUBJECT: Local pop-up small business program
SOURCE: Independent Hospitality Coalition
DIGEST:
This bill requires cities and counties to allow pop-up small businesses to operate on a temporary basis.
ANALYSIS:
Existing law:
- Allows, under the California Constitution, cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
- Regulates businesses that sell food under the California Retail Food Code (CRFC), as specified.
This bill:
- Requires cities and counties to allow pop-up small businesses to operate on a temporary basis. Requires a city or county to allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
- Defines:
- “Eligible commercial space” to mean an existing building or tenant space that meets all of the following requirements:
- The local jurisdiction allows commercial use in the building;
- It meets applicable health and safety standards associated with the use proposed to be conducted in the building;
- It is not currently undergoing structural alteration;
- It does not require modification of fire-resistant elements;
- For food facilities, it is fully enclosed by floors, walls, and ceiling.
- “Eligible temporary use” to mean commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy that can house no more than 49 occupants. It specifically excludes Assembly, Institutional, Residential, or High-Hazard occupancies. For food facilities, the “eligible temporary use” must be consistent with limited food preparation under the CRFC.
- “Pop-up small business” to mean a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization, which is an authorization a city or county issues to a pop-up small business to operate temporarily, as specified.
- “Eligible commercial space” to mean an existing building or tenant space that meets all of the following requirements:
- Requires every city and county to allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days. A city or county can pause or modify development standards and discretionary requirements that are triggered by permanent occupancy. It must consider modifying or pausing parking standards, improvements or dedications, requirements that would trigger a full building system update, and discretionary land use procedures. They can also:
- Renew or extend this authorization;
- Establish eligible uses and operational limits consistent with the bill;
- Adopt fire, accessibility, and health and safety standards appropriate for temporary use;
- Impose fees not exceeding the reasonable costs of program administration;
- Establish enforcement mechanisms and penalties for noncompliance; and
- Require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
- Provides that a city or county is not required to create a new program if it has an existing permitting framework that meets the requirements of the bill.
- Prohibits a temporary commercial activation authorization from being used for:
- Structural alteration;
- Modification of fire-resistant elements; or
- Change to a higher risk occupancy classification under the California Building Code.
- Allows, notwithstanding any other law, a temporary commercial activation authorization to be used to change occupancies between Group B (Business) and Group M (Mercantile), if specified conditions are met.
- A temporary commercial activation authorization must comply with the California Building Code and the California Fire Code. Local fire officials can impose additional safety conditions necessary to protect occupants and the public. The bill includes specified accessibility requirements and requires cities and counties to provide guidance materials on accessibility compliance to a temporary commercial activation authorization.
- Adds pop-up businesses to the list of food facilities and requires them to comply with all applicable provisions regulating limited food preparation under the CRFC. A food facility seeking to operate pursuant to temporary commercial activation authorization cannot begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation. Notwithstanding any other law, a local enforcement agency responsible for environmental health can impose additional temporary food safety requirements consistent with the CRFC.
- Includes numerous provisions affirming the application of other state and local laws to temporary commercial activations.
- Includes findings and declarations to support its purposes.
Background
California Retail Food Code. Businesses that sell food are regulated under the California Retail Food Code (CRFC). The CRFC lays out the requirements that food retailers must meet, including operational practices, equipment standards, and standards for facilities, such as kitchens and restrooms. County offices of environmental health—and the environmental health departments in four cities—regulate retail food operations. The CRFC differentiates among permanent food facilities, mobile food facilities, temporary food facilities, cottage food operations, microenterprise home kitchens, and other types of food retail, and has differing rules for each.
The CRFC includes the structural, equipment, and operational requirements for all California retail food facilities. Any person proposing to build or remodel a food facility must submit building plans to the enforcement agency for review and receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. The enforcement agency must approve or reject plans within 20 business days after receipt by the enforcement agency; if they don’t they are deemed approved. A local building department cannot issue a building permit for a food facility until it has received plan approval from the enforcement agency.
Pop-ups. Pop-up businesses are temporary retail or restaurant spaces that open in existing spaces for a limited time. Pop-ups can offer unique customer experiences, and the limited duration of a pop-up can drive a sense of scarcity, increasing interest in the business. Business owners may conceive of pop-ups around themes, holidays, events, or promotions. As cities and counties across California seek to revitalize their downtowns following the COVID-19 pandemic, some have turned to pop-ups to generate interest and act as a foothold for additional commercial activity. One prominent example is the City and County of San Francisco’s Vacant to Vibrant program, which is a partnership between a local community group and the City that helps small businesses collaborate with local property owners to create pop-ups in downtown San Francisco for durations of three months. For pop-ups seeking to transition to full-time occupancy of a space after that period, the Vacant to Vibrant program works with the City’s Office of Small Business to encourage transition to permanent occupancy.
The Independent Hospitality Coalition wants the Legislature to make it easier to open pop-ups.
Comments
- Purpose of the bill. According to the author, “Despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California’s local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind.
“AB 1679 would remove these barriers by establishing a single, statewide “Temporary Commercial Activation Permit’ for pop‑up businesses. In my own district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life.”
- Home rule. Economic development and public welfare are two goals that sometimes conflict, and local residents elect their city councilmembers and county supervisors to balance these competing interests. Pop-up businesses can encourage economic development, revitalize neighborhoods, and generate sales tax dollars, among other benefits, but may come with impacts to the surrounding community that may not be fully mitigated if they don’t go through the same level of review that permanent occupancies do. AB 1679 directs local governments to establish programs to allow pop-up businesses. It provides significant flexibility in how the programs are designed, so local governments can tailor them to their needs. However, local governments that do not want to allow pop-ups will be required to permit them to some degree as a result of this bill.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/4/26)
Independent Hospitality Coalition (source)
Betsy Restaurant
California Community Foundation
California Downtown Association
Central City Association of Los Angeles
Civil Coffee
Immigrants Rising
Inclusive Action for the City
Little Tokyo Service Center
Los Angeles Historic Core Business Improvement District (historic Core B.i.d.)
Tea At Shiloh
The Chocolate Dispensary
Westside Council of Chambers of Commerce (WC3)
Woon
OPPOSITION: (Verified 8/4/26)
City of Galt
ASSEMBLY FLOOR: 77-0, 5/26/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Hadwick, Muratsuchi, Celeste Rodriguez
Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119
8/5/26 14:57:36
**** END ****
SENATE COMMITTEE ON HEALTH
Senator Akilah Weber Pierson, Chair
BILL NO: AB 1679
AUTHOR: | Mark González and Wicks | ||
VERSION: | June 10, 2026 | ||
HEARING DATE: | July 1, 2026 | ||
CONSULTANT: | Vincent D. Marchand | ||
SUBJECT: Local pop-up small business program
SUMMARY:
Requires cities and counties to allow pop-up small businesses to operate on a temporary basis in an eligible commercial space for a period not exceeding 120 days, including food facilities, restricted to limited food preparation activities, and when in compliance with relevant food safety laws, and when the local enforcement agency has determined that the commercial space can support an operation consistent with limited food preparation.
Existing law:
- Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
- Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC §113789]
- Defines a “temporary food facility” as a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as part of the community event or swap meet. Requires temporary food facility to be equipped with overhead protection for all food preparation, food storage, and warewashing areas, but exempts temporary food facilities that are approved for limited food preparation if flying insects, vermin, birds, and other pests are absent due to the location of the facility or other limiting conditions. [HSC §113930 and §114349]
- Defines “limited food preparation,” as food preparation that is restricted to one or more of the following: heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food, dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, and cooking to order, among other things. Prohibits the following from being included in “limited food preparation”: slicing and chopping of potentially hazardous foods, other than produce, unless it is on the heated cooking surface; thawing; grinding raw ingredients; and, washing foods, among other activities. [HSC §113818]
This bill:
- Defines the following terms for purposes of this bill:
- “Eligible commercial space” means an existing building or tenant space that meets all of the following: it was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use; it meets applicable health and safety standards associated with the proposed use; it is not currently undergoing structural alteration; and, it does not require modification of fire-resistant elements;
- “Eligible temporary use” means a commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in existing regulations, with an occupant load not exceeding 49 persons. Excludes Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in existing regulations;
- “Pop-up small business” means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization under this bill; and,
- “Temporary commercial activation authorization” means an authorization by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established by this bill.
- Limits the definition of “eligible temporary use,” for purposes of food facilities, to activities consistent with limited food preparation as defined under existing law in the CalCode.
- Adds “pop-up small businesses” that have been approved for limited food preparation by a local enforcement agency to the definition of a “food facility” for purposes of the CalCode.
- Requires a food facility operating pursuant to temporary commercial activation authorization to comply with all applicable provisions regulating limited food preparation under the CalCode.
- Prohibits a food facility seeking to operate pursuant to temporary commercial activation authorization from beginning operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation.
- Permits a local enforcement agency to impose additional temporary food safety requirements consistent with the CalCode.
- Requires each local jurisdiction to allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period of up to 120 days.
- Permits a local jurisdiction to allow renewal or extension of the temporary commercial authorization, and permits a local jurisdiction to require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use exceeds 12 months within any 24-month period.
- Permits a local jurisdiction to temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy, and requires a local jurisdiction to consider suspending, deferring, or modifying the following standards and discretionary requirements:
- Long-term parking minimum requirements;
- Public improvements and dedications associated with permanent occupancy;
- Tenant improvement valuation thresholds triggering full building system upgrades; and,
- Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide public eating place, as defined in existing law.
- Prohibits a temporary commercial activation authorization from allowing:
- Structural alteration;
- Modification of fire-resistant elements; or,
- Change to a higher risk occupancy classification.
- Requires a temporary commercial activation authorization to comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code and temporary events provisions under the California Fire Code, and prohibits this bill from being deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
- Prohibits a temporary commercial activation authorization under this bill from exempting any space from applicable state or federal accessibility requirements, and requires a local jurisdiction to provide written accessibility compliance guideline materials to an applicant.
- Permits a local jurisdiction to establish:
- Eligible uses and operational limits consistent with this bill;
- Fire, accessibility, and health and safety standards appropriate for temporary use;
- Fees not exceeding the reasonable costs of program administration; and,
- Enforcement mechanisms and penalties for noncompliance.
- Makes various legislative findings and declarations about the inconsistent local treatment of temporary commercial activation authorization, the importance of commercial vacancy reduction, and the need to promote a consistent regulatory framework for small business development, and that for these reasons, a statewide requirement for a temporary commercial activation authorization framework for local pop-up businesses is a matter of statewide concern and is not a municipal affair as that term is used in the California Constitution, so that this bill applies to all cities, including charter cities.
FISCAL EFFECT:
According to the Assembly Appropriations Committee, no state costs. Local costs to cities and counties, including local environmental health departments, of an unknown amount, but potentially significant, in excess of $150,000 statewide, for new administrative, regulatory, enforcement, and public safety responsibilities resulting from the bill’s new requirements. Directors of local environmental health regulatory agencies note the regulation of temporary food facilities is already a significant workload task for local environmental health departments. Local costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
PRIOR VOTES:
Senate Local Government Committee: | 4 - 2 |
Assembly Floor: | 77 - 0 |
Assembly Appropriations Committee: | 15 - 0 |
Assembly Health Committee: | 16 - 0 |
Assembly Local Government Committee: | 10 - 0 |
COMMENTS:
- Author’s statement. According to the author, despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California’s local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind. This bill would remove these barriers by establishing a single, statewide “Temporary Commercial Activation Permit” for pop‑up businesses. In my own district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life.
- Senate Health Committee jurisdiction limited to food facility pop-ups. The majority of this bill pertains to the local permitting process of cities and counties, which fall under the jurisdiction of Senate Local Government Committee, which already heard and approved this bill. The portion of this bill that falls within this Committee’s jurisdiction is related to pop-up restaurants. This bill limits pop-up restaurants to only those performing limited food preparation (described below), and requires these businesses to comply with all applicable CalCode requirements regulating limited food preparation. In addition, this bill requires the local CalCode enforcement agency to conduct an evaluation of the commercial space where the pop-up restaurant is seeking to operate to make sure it can support limited food preparation operations. Finally, this bill permits the local CalCode enforcement agency to impose additional temporary food safety requirements that are consistent with the CalCode. These provisions were negotiated with the California Association of Environmental Health Administrators.
- Limited food preparation. Limited food preparation requires most potentially hazardous foods (generally, food that needs to be refrigerated to prevent bacterial growth) to be prepared for cooking in an enclosed kitchen at a permanent food facility. Limited food preparation cannot include grinding potentially hazardous foods, or cooking of potentially hazardous foods for later use, or even washing of foods, among other limitations. Nor can limited food preparation include slicing and chopping potentially hazardous foods, unless it is on a heated cooking surface. Limited food preparation does permit cooking and seasoning to order, along with heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food. It also includes holding, portioning, and dispensing of any foods that were prepared at the permanent food facility. Because a permanent kitchen needs to be fully enclosed, restaurants that have an “open kitchen” concept are utilizing the ability to do “limited food preparation” that can be done under overhead protection, but not necessarily enclosed in a kitchen. For example, made-to-order pizza restaurants, where the employees build a pizza in front of the customer and then slide it into an oven, are using limited food preparation authorization. All of the ingredients have already been sliced and chopped in a fully enclosed kitchen space, and the pizza is then cooked to order as permitted under limited food preparation. Restricting a pop-up restaurant, as this bill does, to “limited food preparation,” ensures that ingredients are prepared in an approved, permanent food facility, and the actual pop-up restaurant is limited to dispensing foods that were already prepared off-site, or cooking and seasoning the food to order.
- Background provided by author. The author states that the temporary commercial activation permit, is designed for pop-up businesses, which are temporary, short-term retail or service businesses that can move into vacant storefronts. This includes traveling restaurants, product launches, Christmas markets, brand collaborations, or art and cultural pop-ups. This allows a business to test its products and market to different cities at a low cost. Revitalization typically follows in the steps of pop-up businesses. These events can drive foot traffic, sales, taxes, and positive spillover effects to nearby businesses. Most localities do not have a permit dedicated to temporary businesses moving into existing storefronts. Many temporary permits apply to outdoor booths, stands, food trucks, or special events like fairs. The requirements of these permits may not apply well to pop-up businesses. In addition, these permits can range from 7 to 60 days, which can be limiting for a pop-up business and confusing if they are moving around jurisdictions. Without a pop-up permit, small businesses are forced to obtain permanent facility permits even if they are only in the area temporarily. In Sacramento, acquiring a permanent restaurant permit costs $1,470 with a $268 reinspection fee. A Temporary Food Facility (Food Preparation / High Risk) Permit in Sacramento costs $245 with a $134 reinspection fee. This does not include the cost of all the renovations that are required for permanent residency. For a small business trying to open temporarily in multiple cities in a single year, this is an exorbitant cost. By establishing a statewide, commercial activation framework, pop-up businesses can operate efficiently and cost-effectively.
- Double referral. This bill was heard in the Senate Local Government Committee on June 17, 2026, and passed with a 4-2 vote.
- Related legislation. AB 1915 (Gabriel and Wicks) would make various changes to the CalCode, including establishing requirements for “par cooking” raw animal foods, revising grease trap requirements, and revising passthrough window requirements. Requires the Building Standards Commission, as part of its next triennial update, to adopt various building standards related to restrooms, drinking fountains, cooking equipment, and dishwashers. Establishes an accelerated local permitting process for like-for-like equipment installations in restaurants. AB 1915 is set for hearing on June 29, 2026 in the Senate Business, Professions, and Economic Development Committee.
- Prior legislation. AB 671 (Wicks and Gabriel, Chapter 470, Statutes of 2025) requires a local building department to allow an applicant to have a qualified professional certifier certify that the plans for a tenant improvement related to a restaurant comply with applicable building, health, and safety codes.
AB 592 (Gabriel, Gonzalez, and Wicks, Chapter 469, Statutes of 2025), among other things, authorizes a food facility to operate using windows, folding doors, or nonfixed store fronts during hours of operation if the restaurant develops, and submits to the enforcement agency for approval, an integrated pest management and food safety risk mitigation plan and meets certain requirements, as specified.
AB 1217 (Gabriel, Cervantes, and Schiavo, Chapter 569, Statutes of 2023) extended the ability, until July 1, 2026, for food facilities to operate a temporary satellite food service without needing to obtain a separate permit, and also extended the authority of Alcoholic Beverage Control (ABC) to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued on May 15, 2020.
AB 61 (Gabriel and Gipson, Chapter 651, Statutes of 2021) authorizes a permitted food facility to prepare and serve food as a temporary satellite food service without obtaining a separate permit for up to one year after the end of the COVID-19 state of emergency, or until January 1, 2024, whichever comes first. AB 61 includes the same provision from SB 314 (Wiener) to permit ABC to allow licensees to continue to exercise license privileges in an expanded licensed area authorized pursuant to a COVID-19 temporary catering authorization. - Support. This bill is sponsored by the Independent Hospitality Coalition (IHC) to address storefront vacancy, reduce barriers to entrepreneurship, and modernize California’s regulatory framework to better reflect today’s small business economy. According to IHC, businesses are effectively forced into one of two categories: short term “special events” lasting days or weeks, or full permanent occupancy requiring months of approvals and significant capital investment. There is no middle ground, and this gap has real consequences, as commercial corridors are struggling with persistent vacancy. In San Francisco, the Vacant to Vibrant initiative has demonstrated how temporary activation of storefronts can drive real economic outcomes by connecting small businesses, artists and entrepreneurs with vacant spaces. According to IHC, approximately 50% of participants in this initiative have transitioned into long-term leases. This bill builds on these successes by establishing a scalable, statewide framework that allows this model to work without requiring cities to recreate complex programs from scratch. The California Downtown Association states in support that pop-up activity is often prohibited, inconsistently allowed, or subject to the same lengthy requirements as permanent development. This bill establishes a limited, low-risk framework to activate vacant commercial spaces while maintaining essential life-safety and public health protections.
- Opposition. The City of Galt submitted a letter of opposition, stating that this bill creates significant negative impacts for smaller communities like Galt by forcing cities to absorb new administrative, enforcement, and public safety responsibilities without guaranteed funding or local flexibility. By requiring cities to create entirely new permitting and oversight processes for temporary commercial operations while limiting local discretion, this is another example of the state overriding local control and imposing a one-size-fits-all approach on communities with very different needs and capacities. Galt is also concerned that temporary commercial operations with relaxed development standards may create food safety, building safety, and quality-of-life issues that local governments will ultimately be responsible for addressing. Galt believes that decisions regarding temporary commercial activity, zoning, and operational standards should remain under local control.
SUPPORT AND OPPOSITION:
Support: Independent Hospitality Coalition (sponsor)
Betsy Restaurant
California Community Foundation
California Downtown Association
Central City Association
Civil Coffee
Immigrants Rising
Inclusive Action for the City
Little Tokyo Service Center
Los Angeles Historic Core Business Improvement District
Tea at Shiloh
The Chocolate Dispensary
Westside Council of Chambers of Commerce
Woon
Oppose: City of Galt
-- END --
SENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2025 - 2026 Regular
Bill No: | AB 1679 | Hearing Date: | 6/17/26 |
Author: | Mark González | Fiscal: | Yes |
Version: | 6/10/26 Amended | Consultant: | Favorini-Csorba |
Local pop-up small business program
Requires cities and counties to allow pop-up small businesses to operate on a temporary basis.
Background
The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
Cities and counties use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, minimum numbers of required parking spaces, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. These ordinances can also include conditions on development to address aesthetics, community impacts, or other particular site-specific considerations. Zoning ordinances and other development decisions must be consistent with the city or county’s general plan.
Local governments have broad authority to define the specific approval processes needed to satisfy these considerations. Some housing projects can be permitted by city or county planning staff “ministerially” or without further approval from elected officials, but most large housing projects require “discretionary” approvals from local governments, such as a conditional use permit or a change in zoning laws. This process requires hearings by the local planning commission and public notice and may require additional approvals, such as design review.
California Retail Food Code. Businesses that sell food are regulated under the California Retail Food Code (CRFC). The CRFC lays out the requirements that food retailers must meet, including operational practices, equipment standards, and standards for facilities, such as kitchens and restrooms. County offices of environmental health—and the environmental health departments in four cities—regulate retail food operations. The CRFC differentiates among permanent food facilities, mobile food facilities, temporary food facilities, cottage food operations, microenterprise home kitchens, and other types of food retail, and has differing rules for each.
The CRFC includes the structural, equipment, and operational requirements for all California retail food facilities. Any person proposing to build or remodel a food facility must submit building plans to the enforcement agency for review and receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility. The enforcement agency must approve or reject plans within 20 business days after receipt by the enforcement agency; if they don’t they are deemed approved. A local building department cannot issue a building permit for a food facility until it has received plan approval from the enforcement agency.
Pop-ups. Pop-up businesses are temporary retail or restaurant spaces that open in existing spaces for a limited time. Pop-ups can offer unique customer experiences, and the limited duration of a pop-up can drive a sense of scarcity, increasing interest in the business. Business owners may conceive of pop-ups around themes, holidays, events, or promotions. As cities and counties across California seek to revitalize their downtowns following the COVID-19 pandemic, some have turned to pop-ups to generate interest and act as a foothold for additional commercial activity. One prominent example is the City and County of San Francisco’s Vacant to Vibrant program, which is a partnership between a local community group and the City that helps small businesses collaborate with local property owners to create pop-ups in downtown San Francisco for durations of three months. For pop-ups seeking to transition to full-time occupancy of a space after that period, the Vacant to Vibrant program works with the City’s Office of Small Business to encourage transition to permanent occupancy.
The Independent Hospitality Coalition wants the Legislature to make it easier to open pop-ups.
Proposed Law
Assembly Bill 1679 requires cities and counties to allow pop-up small businesses to operate on a temporary basis. Specifically, AB 1679 requires a city or county to allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days.
Definitions. The bill defines “eligible commercial space” to mean an existing building or tenant space that meets all of the following requirements:
- The local jurisdiction allows commercial use in the building;
- It meets applicable health and safety standards associated with the use proposed to be conducted in the building;
- It is not currently undergoing structural alteration;
- It does not require modification of fire-resistant elements;
- For food facilities, it is fully enclosed by floors, walls, and ceiling.
It also defines an “eligible temporary use” to mean commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy that can house no more than 49 occupants. It specifically excludes Assembly, Institutional, Residential, or High-Hazard occupancies. For food facilities, the “eligible temporary use” must be consistent with limited food preparation under the CRFC.
A “pop-up small business” is a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization, which is an authorization a city or county issues to a pop-up small business to operate temporarily, as specified.
Pop-up Small Business Authorization. AB 1679 requires every city and county to allow temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for a period not exceeding 120 days. A city or county can pause or modify development standards and discretionary requirements that are triggered by permanent occupancy. It must consider modifying or pausing parking standards, improvements or dedications, requirements that would trigger a full building system update, and discretionary land use procedures. They can also:
- Renew or extend this authorization;
- Establish eligible uses and operational limits consistent with the bill;
- Adopt fire, accessibility, and health and safety standards appropriate for temporary use;
- Impose fees not exceeding the reasonable costs of program administration;
- Establish enforcement mechanisms and penalties for noncompliance; and
- Require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
A city or county is not required to create a new program if it has an existing permitting framework that meets the requirements of the bill.
A temporary commercial activation authorization cannot be used for:
- Structural alteration;
- Modification of fire-resistant elements; or
- Change to a higher risk occupancy classification under the California Building Code.
However, AB 1679 allows, notwithstanding any other law, a temporary commercial activation authorization to be used to change occupancies between Group B (Business) and Group M (Mercantile), if specified conditions are met.
A temporary commercial activation authorization must comply with the California Building Code and the California Fire Code. Local fire officials can impose additional safety conditions necessary to protect occupants and the public. The bill includes specified accessibility requirements and requires cities and counties to provide guidance materials on accessibility compliance to a temporary commercial activation authorization.
Food facilities. AB 1679 adds pop-up businesses to the list of food facilities and requires them to comply with all applicable provisions regulating limited food preparation under the CRFC. A food facility seeking to operate pursuant to temporary commercial activation authorization cannot begin operations until the local enforcement agency determines, following a field evaluation conducted by the local enforcement agency, that the commercial space can support an operation consistent with limited food preparation. Notwithstanding any other law, a local enforcement agency responsible for environmental health can impose additional temporary food safety requirements consistent with the CRFC.
AB 1679 includes numerous provisions affirming the application of other state and local laws to temporary commercial activations and includes findings and declarations to support its purposes.
Comments
1. Purpose of the bill. According to the author, “Despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California’s local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind.
“AB 1679 would remove these barriers by establishing a single, statewide “Temporary Commercial Activation Permit’ for pop‑up businesses. In my own district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life.”
2. Home rule. Economic development and public welfare are two goals that sometimes conflict, and local residents elect their city councilmembers and county supervisors to balance these competing interests. Pop-up businesses can encourage economic development, revitalize neighborhoods, and generate sales tax dollars, among other benefits, but may come with impacts to the surrounding community that may not be fully mitigated if they don’t go through the same level of review that permanent occupancies do. AB 1679 directs local governments to establish programs to allow pop-up businesses. It provides significant flexibility in how the programs are designed, so local governments can tailor them to their needs. However, local governments that do not want to allow pop-ups will be required to permit them to some degree as a result of this bill.
3. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 1679 expands the crime of perjury and imposes new duties on local officials, Legislative Counsel says that it imposes a new state mandate. AB 1679 disclaims the state’s responsibility for providing reimbursement by citing local governments’ authority to charge for the costs of implementing the bill’s provisions and because the bill creates a new crime.
4. Charter city. The California Constitution allows cities that adopt charters to control their own “municipal affairs.” In all other matters, charter cities must follow the general, statewide laws. Because the Constitution doesn’t define “municipal affairs,” the courts determine whether a topic is a municipal affair or whether it’s an issue of statewide concern. AB 1679 says that it applies to all cities, including charter cities. To support this assertion, the bill includes legislative finding and declarations that the effect of inconsistent local treatment of pop-ups on commercial vacancy, economic recovery, and neighborhood revitalization is a matter of statewide concern.
5. Coming and going. The Senate Rules Committee has ordered a double referral of AB 1679: first to the Committee on Local Government, which has jurisdiction over local permitting, and second to the Committee on Health.
Assembly Actions
Assembly Local Government Committee: 10-0
Assembly Health Committee: 16-0
Assembly Appropriations Committee: 15-0
Assembly Floor: 77-0
Support and Opposition
(6/12/2026)
Support: Independent Hospitality Coalition (Sponsor)
Betsy Restaurant
California Community Foundation
California Downtown Association
Central City Association of Los Angeles
Civil Coffee
Immigrants Rising
Inclusive Action for the City
Little Tokyo Service Center
Los Angeles Historic Core Business Improvement District (historic Core B.i.d.)
Tea At Shiloh
Westside Council of Chambers of Commerce (WC3)
Woon
Opposition: City of Galt
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1679
Author:(Mark González and Wicks)
As Amended Ver:April 23, 2026
Majority vote
SUMMARY
Requires a local agency to allow a temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for up to 120 days.
Major Provisions
- Defines the following terms:
- "Eligible commercial" means an existing building or tenant space that meets all of the following:
- It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building.
- It meets applicable health and safety standards associated with the use proposed to be conducted in the building.
- It is not currently undergoing structural alteration.
- It does not require modification of fire-resistant elements.
- "Eligible temporary use" means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code with an occupant load not exceeding 49 persons. Provides that an “eligible temporary use” does not include Assembly, Institutional, Residential, High-Hazard occupancies as defined in the California Building Code.
- Limits, for food facilities, "eligible temporary use" to activities consistent with limited food preparation or temporary food facility standards under the California Retail Food Code
- "Local jurisdiction" means a city, including a charter city, county, or city and county.
- "Pop-up small business" to mean a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this bill.
- "Temporary commercial activation authorization" to mean an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this bill.
- "Eligible commercial" means an existing building or tenant space that meets all of the following:
- Requires each local jurisdiction to allow temporary commercial activation authorization for pop-up small businesses to operate in an eligible commercial space for a period not exceeding 120 days, and authorizes a local jurisdiction to allow renewal or extension of this authorization.
- Authorizes a local jurisdiction to require an application for permanent occupancy for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
- Authorizes a local jurisdiction to meet the requirements of this bill through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies the requirements of this bill.
- Authorizes a local jurisdiction to temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy.
- Prohibits a temporary commercial activation authorization from allowing structural alteration, modification of fire-resistant elements, or change to a higher risk occupancy classification under the California Building Code.
- Requires a temporary commercial activation authorization to comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code and temporary events provisions under the California Fire Code, including, but not limited to, standards for temporary structures and fire department access.
- Requires a food facility operating pursuant to temporary commercial activation authorization to comply with all applicable provisions regulating limited food preparation and temporary food facilities (TFFs) under the California Retail Food Code (CRFC).
- Defines a TFF to include a food facility approved by the enforcement officer that operates at a fixed location as part of a temporary commercial activation authorization for a limited duration within an existing commercial structure, as determined by the enforcement officer.
- Provides that the bill shall not be deemed to authorize a temporary use that poses a risk to public health or safety.
- Authorizes a local enforcement agency responsible for environmental health to impose additional temporary food safety requirements consistent with the CRFC.
- Prohibits a temporary commercial activation authorization from being deemed to confer a vested right and authorizes a local jurisdiction to revoke a temporary commercial activation authorization for a violation of provisions of this bill or a local pop-up business program.
- Finds and declares that the statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the bill, specifically 1) through 7), applies to all cities, including charter cities.
- Provides that no reimbursement is require by the bill pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this bill creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this bill contains other 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.
COMMENTS
Background. The California Constitution allows cities and counties to "make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws." It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
Building Codes. The California Building Standards Code (Title 24 of the California Code of Regulations) contains building standards and regulations as adopted by the CBSC. These standards include, among other requirements, structural standards for building safety (the Building Code), fire safety standards (the Fire Code), energy efficiency standards (the Energy Code), and standards for green buildings (CalGreen). The CBSC updates the Building Standards Code on a three-year cycle—the CBSC published new standards that went into effect on January 1, 2023. Once adopted at the state level, cities and counties in California then enact an ordinance to adopt the codes. Improvements to existing buildings must comply with the current building codes and may trigger additional code upgrades for other parts of the building.
Excessive Delays for Plan Checks. Existing law requires a local agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions upon the request of an applicant when there is an “excessive delay” in checking the applicant’s plans and specifications. Plan-checking includes items such as compliance with building, health, and safety codes.
For a nonresidential permit for the remodeling or tenant improvements of a building, "excessive delay" generally means the building department of the local agency has taken more than 50 days after receiving a complete application to check the applicant's plans and specifications. "Excessive delay" can also be claimed if the agency takes more than 60 days to check the initial application and check resubmitted corrected plans and specifications after the agency returned the plans to the applicant for correction.
Local Fast-Tracking of Tenant Improvement Projects. Some cities, including San Diego and Los Angeles, have developed programs to fast-track the permitting and approval process for tenant improvement projects. According to the Building Owners and Manufactures Association of Greater Los Angeles (BOMA/GLA), “During the height of the crisis of the pandemic, Los Angeles Department of Building and Safety (LADBS) met with the American Institute of Architects (AIALA), BOMA/GLA, and the California Construction Authority (CCA) to identify a proactive approach to ensure that the private sector could more effectively and more expeditiously respond to the urgent need to reconfigure, retrofit, and/or reprogram existing workplaces, retail sites, and commercial office buildings to adapt to new market conditions and demands for healthy, safer, and more equitable interior spaces."
Los Angeles' Fast-Track Office Tenant Improvement Program and San Diego's Office Tenant Improvement Professional Certification Permit program require plans to be stamped and signed by a California licensed architect or engineer. The Los Angeles Program additionally requires that the project does not involve a change of use or additional floor area and does not require approval from other city or county departments. The San Diego program requires, among other things, that the project is not a first-generation tenant improvement, does not alter, remove, or add plumbing fixtures, does not make changes to the exterior of the building, does not alter or change stairways or stair vestibules, does not include new floor openings, does not reduce accessibility, and does not require special inspections. The Los Angeles program has a goal of completing plan review within two business days of plan-check fees payment, while San Diego's program offers issuance of a permit within the same day that a virtual appointment is completed.
AB 671 (Wicks) of 2026. In an effort to expedite tenant improvements for restaurants, the Legislature approved AB 671 (Wicks), Chapter 470, Statutes of 2025, which required a local building or permitting department to allow an applicant to have a qualified professional certifier certify that the plans for a tenant improvement relating to a restaurant comply with applicable building, health, and safety codes. The bill applied to restaurants, defined as a retail food establishment that prepares, serves, and vends food directly to the consumer. Fast food restaurants were specifically excluded from the bill, as were tenant improvements subject to plan review requirements under the California Retail Food Code.
AB 671 required a qualified professional certifier to be a licensed engineer or architect that has specified liability insurance coverage and has five years of experience in commercial design or plan checking. The tenant improvements must comply with state and local building standards, and the professional certifier must prepare an affidavit attesting that the tenant improvement plans comply with all applicable laws and regulations. The certifier or the applicant must attest that the restaurant is eligible for the program.
AB 671 required the local building department to approve or deny an application within 20 business days of receiving it. If the local building department does not approve or deny the application within this period, the certified plan is deemed approved for permitting purposes, provided that all fees and required documents have been submitted. The bill also allowed an applicant to resubmit corrected plans addressing deficiencies if denied. The local building department must approve or deny each subsequent resubmission within 10 business days of receipt, and review of each subsequent resubmission must be limited to correcting the deficiencies identified in the initial denial.
AB 671 allowed local building departments to charge permit fees for applications using a qualified professional certifier and required random audits of no less than 20% of all tenant improvements submitted for self-certification every week.
AB 671 also established various enforcement measures. A city or county may adopt additional qualifications or requirements for a qualified professional certifier, including:
- A requirement to register with the city or county prior to certifying plans.
- Training requirements that must be completed prior to certifying plans.
- Payment of fees not to exceed the reasonable cost of implementing the requirements of the bill.
- Penalties that may include decertification as a qualified professional certifier in that jurisdiction or reasonable administrative fines for either willful noncompliance or two or more instances in which the qualified professional certifier attested to certifying noncompliant plans.
AB 671 provided that a qualified professional certifier is liable for any damages arising from negligent plan review, required the applicant to indemnify the local agency from any injury arising from construction, and provided that a public entity or public employee is not liable for an injury caused by their actions related to a permit issued under the bill.
According to the Author
"Despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California's local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind.
"AB 1679 would remove these barriers by establishing a single, statewide "Temporary Commercial Activation Permit’ for pop‑up businesses. In my own district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life."
Arguments in Support
The Independent Hospitality Coalition, the sponsor of the bill, writes in support of a previous version of the bill, "In San Francisco, the Vacant to Vibrant initiative has demonstrated how temporary activation of storefronts can drive real economic outcomes. This program connects small businesses, artists, and entrepreneurs with vacant spaces, providing support for pop-up activations that bring immediate life back to commercial corridors.
"The results are significant:
- Pop-ups have activated dozens of vacant storefronts.
- Approximately 50% or more of participating businesses have transitioned into long-term leases
- The program has helped generate foot traffic, support local spending, and re-energize downtown districts
"These outcomes demonstrate a clear reality: temporary activation is not just a stopgap—it is a pipeline to permanent economic stability.
"However, programs like Vacant to Vibrant require substantial public coordination, funding, and administrative support to overcome regulatory barriers that should not exist in the first place. AB 1679 builds on these successes by establishing a scalable, statewide framework that allows this model to work without requiring cities to recreate complex programs from scratch.
"AB 1679 creates a defined pathway for low-risk, time-limited use of existing commercial spaces, aligning regulatory requirements with the temporary nature of the activity while maintaining essential health, safety, and accessibility protections…
"Importantly, this bill does not weaken safety standards. Instead, it introduces a common-sense approach that recognizes that temporary, low-risk uses should not be regulated as permanent development. California has successfully implemented similar right-sized frameworks in other areas, such as cottage food operations and sidewalk vending, expanding access to entrepreneurship while maintaining public protections. It is time to bring that same level of modernization to our commercial storefronts.
"As California prepares for major global events and continues to rebuild its local economies, we must ensure that our neighborhoods reflect a vibrant, accessible, and opportunity-driven small business environment."
Arguments in Opposition
The California Association of Environmental Health Administrators writes in opposition to a previous version of the bill, "Our primary concern is that AB 1679 attempts to authorize extended pop-up food operations in a manner that conflicts with California's existing retail food safety structure under the California Retail Food Code (CRFC) and creates significant implementation challenges for local health jurisdictions. Specifically:
"Temporary Food Facilities (TFFs) are intentionally restricted to no more than 25 days in a 90-day period because they allow full food preparation, which carries inherent fire, ventilation, and food safety risks—particularly inside commercial buildings. AB 1679 would allow food-related pop-ups to operate for up to 180 days, with the option to extend, without a comparable regulatory pathway in CRFC.
- There is currently no CRFC mechanism that safely allows full food preparation in a stationary, temporary setting for the duration contemplated in this bill.
- As drafted, AB 1679 effectively creates a new category of food facility framework outside of existing CRFC classifications. This would result in significant local costs for cities and counties to develop, implement, and maintain new food safety inspection procedures, enforcement protocols, training, and guidance to match the bill’s requirements—without a corresponding statewide regulatory framework.
"Taken together, these issues create a regulatory gap that could undermine food safety, fire safety, enforcement consistency, and already-strained local public health resources. The most viable solution is to remove food operations from the bill entirely, allowing AB 1679 to proceed as a framework for non-food pop-up businesses. Alternatively, any inclusion of food must be fully aligned with existing TFF or CMFO requirements under the CRFC. We appreciate the intent to support small businesses and creative uses of vacant space, but this goal must be balanced with public health protections, regulatory clarity, and the fiscal impacts on local government."
FISCAL COMMENTS
No state costs. Local costs to cities and counties, including local environmental health departments, of an unknown amount, but potentially significant, in excess of $150,000 statewide, for new administrative, regulatory, enforcement, and public safety responsibilities resulting from the bill’s new requirements. Directors of local environmental health regulatory agencies note the regulation of TFFs is already a significant workload task for local environmental health departments. Local costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
The Legislative Analyst’s Office recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year and ongoing.
VOTES
ASM LOCAL GOVERNMENT: 10-0-0
YES: Carrillo, Ta, Johnson, Pacheco, Ramos, Ransom, Blanca Rubio, Stefani, Ward, Wilson
ASM HEALTH: 16-0-0
YES: Bonta, Chen, Addis, Aguiar-Curry, Ahrens, Caloza, Carrillo, Mark González, Johnson, Patel, Patterson, Rogers, Sanchez, Schiavo, Sharp-Collins, Stefani
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Aguiar-Curry, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: April 23, 2026
CONSULTANT: Linda Rios / L. GOV. / (916) 319-3958 FN: 0002641
Date of Hearing: May 13, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1679
Author:(Mark González) – As Amended Ver:April 23, 2026
Policy Committee: | Local Government | Vote: | 10 - 0 |
Health | 16 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires a local agency to allow a temporary commercial activation authorization for a pop-up small business to operate in an eligible commercial space for up to 120 days.
Specifically, this bill:
- Defines “pop-up small business” to mean a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this bill.
- Defines “temporary commercial activation authorization” to mean an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this bill.
- Requires each city, including a charter city, county, or city and county to allow temporary commercial activation authorization for pop-up small businesses to operate in an eligible commercial space for a period not exceeding 120 days, and authorizes a local jurisdiction to allow renewal or extension of this authorization.
- Authorizes a local jurisdiction to require an application for permanent occupancy for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
- Authorizes a local jurisdiction to meet the requirements of this bill through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies the requirements of this bill.
- Authorizes a local jurisdiction to temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy.
- Prohibits a temporary commercial activation authorization from allowing structural alteration, modification of fire-resistant elements, or change to a higher risk occupancy classification under the California Building Code.
- Requires a temporary commercial activation authorization to comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code and temporary events provisions under the California Fire Code, including, but not limited to, standards for temporary structures and fire department access.
- Requires a food facility operating pursuant to temporary commercial activation authorization to comply with all applicable provisions regulating limited food preparation and temporary food facilities (TFFs) under the California Retail Food Code (CRFC).
- Authorizes a local enforcement agency responsible for environmental health to impose additional temporary food safety requirements consistent with the CRFC.
- Prohibits a temporary commercial activation authorization from being deemed to confer a vested right and authorizes a local jurisdiction to revoke a temporary commercial activation authorization for a violation of provisions of this bill or a local pop-up business program.
FISCAL EFFECT:
No state costs. Local costs to cities and counties, including local environmental health departments, of an unknown amount, but potentially significant, in excess of $150,000 statewide, for new administrative, regulatory, enforcement, and public safety responsibilities resulting from the bill’s new requirements. Directors of local environmental health regulatory agencies note the regulation of TFFs is already a significant workload task for local environmental health departments. Local costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.
The Legislative Analyst’s Office recently warned of General Fund structural deficits of around $35 billion per year in the 2027-28 fiscal year and ongoing.
COMMENTS:
- Purpose. According to the author:
Despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California’s local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind. [This bill] would remove these barriers by establishing a single, statewide “Temporary Commercial Activation Permit’ for pop‑up businesses. In my own district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life.
- Background. Existing law establishes various programs to promote small businesses operating in nonstandard locations, including cottage food operations and sidewalk vendors, and imposes requirements on, and provides authorizations to, local governments relating to these programs. Existing law authorizes a local agency to license any kind of business not prohibited by law, within the limits of the jurisdiction of the city or county.
The state does not provide a regulatory framework for short-term commercial occupancy in existing storefronts. Typically, businesses must either operate as a short-term “special event” lasting days or weeks or pursue permanent occupancy.
This bill requires local jurisdictions statewide to allow a temporary commercial activation authorization for a pop-up business, as those terms are defined, to operate in an eligible commercial space for a period not to exceed 120 days without requiring full compliance with standards applicable to permanent occupancy. The bill allows local jurisdictions to establish eligible uses and operational limits consistent with this bill; fire, accessibility, and health and safety standards appropriate for temporary use; fees not exceeding the reasonable costs of program administration; and enforcement mechanisms and penalties for noncompliance.
This bill allows food facilities to utilize temporary commercial activations and currently specifies that eligible temporary uses are limited to activities consistent with limited food preparation or TFF standards under the CRFC. The CRFC is primarily enforced by 62 local environmental health regulatory agencies.
The California Association of Environmental Health Administrators (CAEHA), which represents the directors of local environmental health regulatory agencies, has an opposed unless amended position indicating the bill authorizes pop-up food operations in a manner that conflicts with California’s existing retail food safety structure under the CRFC and creates significant implementation challenges for local health jurisdictions. The author’s office indicates they are continuing to work with CAEHA.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 21, 2026
ASSEMBLY COMMITTEE ON HEALTH
Mia Bonta, Chair
ABPCA Bill Id:AB 1679
Author:(Mark González) – As Amended Ver:April 16, 2026
SUBJECT: Local pop-up small business program.
SUMMARY: Requires a local jurisdiction to allow temporary commercial activation authorizations for pop-up small businesses to operate in an eligible commercial space for a period not to exceed 120 days. Specifically, this bill:
Pop-Up Small Business Authorization
- Requires each local jurisdiction to allow temporary commercial activation authorization for pop-up small businesses to operate in an eligible commercial space for a period not exceeding 120 days.
- Authorizes a local jurisdiction to allow renewal or extension of the temporary commercial activation authorization.
- Authorizes a local jurisdiction to require an application for permanent occupancy under applicable local processes for continued operation if the cumulative duration of an eligible temporary use in a single eligible commercial space exceeds 12 months within any 24-month period.
- Prohibits this bill from being construed to prohibit a business from applying for permanent occupancy after 12 months within any 24-month period.
- Authorizes a local jurisdiction to meet the requirements of this bill through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies the requirements of this bill.
- Authorizes a local jurisdiction to temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy. Requires a local jurisdiction to consider temporarily suspending, deferring, or modifying the following standards and discretionary requirements:
- Long-term parking minimum requirements;
- Public improvements and dedications associated with permanent occupancy;
- Tenant improvement valuation thresholds triggering full building system upgrades; and,
- Discretionary land use procedures required for permanent tenancy, except those related to cannabis, adult business establishments, and alcoholic beverage sales, unless the establishment is a bona fide eating place.
- Prohibits this bill from being deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
- Prohibits a temporary commercial activation authorization from allowing any of the following:
- Structural alteration;
- Modification of fire-resistant elements; and,
- Change to a higher risk occupancy classification under the California Building Code.
- Authorizes, notwithstanding any other law, a temporary commercial activation authorization to allow a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies, if the following conditions are met:
- The occupant load does not exceed 49 persons, except as prohibited in 8) above;
- No structural alteration is required; and,
- All applicable fire, and health, and safety standards life-safety provisions for the temporary occupancy are satisfied.
- Requires a temporary commercial activation authorization to comply with applicable health and safety standards governing temporary uses or temporary structures under the California Building Code and temporary events provisions under the California Fire Code, including, but not limited to, standards for temporary structures and fire department access.
- Prohibits this bill from being deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
- Prohibits a temporary commercial activation authorization under this bill from being deemed to exempt any space from applicable state or federal accessibility requirements.
- Requires a local jurisdiction to provide written accessibility compliance guidance materials to an applicant and authorizes a local jurisdiction to require acknowledgment of accessibility obligations as a condition of temporary commercial activation authorization.
- Prohibits a temporary commercial activation authorization from constituting a determination of full accessibility compliance for purposes of permanent occupancy.
- Requires a food facility operating pursuant to temporary commercial activation authorization to comply with all applicable provisions regulating limited food preparation and temporary food facilities (TFFs) under the California Retail Food Code (CRFC).
- Authorizes, notwithstanding any other law, a local enforcement agency responsible for environmental health to impose additional temporary food safety requirements consistent with the CRFC.
- Prohibits this bill from being deemed to authorize a temporary use that poses risk to public health or safety.
- Authorizes a local jurisdiction to establish any of the following:
- Eligible uses and operational limits consistent with this bill;
- Fire, accessibility, and health and safety standards appropriate for temporary use;
- Fees not exceeding the reasonable costs of program administration; and,
- Enforcement mechanisms and penalties for noncompliance.
- Prohibits a temporary commercial activation authorization from being deemed to confer a vested right. Authorizes a local jurisdiction to revoke a temporary commercial activation authorization for a violation of a condition of this bill or a local pop-up business program.
- Prohibits a temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this bill from being deemed permanent occupancy or establishing legal nonconformity.
- Makes several findings and declarations to the effect that inconsistent local treatment of temporary commercial activation authorization contributes to prolonged commercial vacancy, uneven economic recovery, and barriers to entrepreneurship throughout the state, and a statewide requirement for a temporary commercial authorization framework (promoting a consistent regulatory framework) is a matter of statewide concern.
Definitions
- Defines the following for purposes of this bill:
- “Eligible commercial space” to mean an existing building or tenant space that meets all of the following criteria:
- It was granted a certificate of occupancy by the local jurisdiction or passed final inspection that permitted the building to be used for commercial use or the local jurisdiction allows commercial use for the building;
- It meets applicable health and safety standards associated with the use proposed to be conducted in the building;
- It is not currently undergoing structural alteration; and,
- It does not require modification of fire-resistant elements.
- “Eligible temporary use” to mean commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code with an occupant load not exceeding 49 persons. Excludes from this definition Assembly, Institutional, Residential, or High-Hazard occupancies, as defined in the California Building Code.
- Specifies that for food facilities, “eligible temporary use” is required to be limited to activities consistent with limited food preparation or TFF standards under the CRFC.
- “Local jurisdiction” to mean a city, including a charter city, county, or city and county.
- “Pop-up small business” to mean a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization pursuant to this bill.
- “Temporary commercial activation authorization” to mean an authorization issued by a local jurisdiction to a pop-up small business to operate in an eligible commercial space under temporary occupancy standards established pursuant to this bill.
- “Eligible commercial space” to mean an existing building or tenant space that meets all of the following criteria:
EXISTING LAW:
- Establishes the California Building Standards Commission (CBSC) within the Department of General Services (DGS) and requires any building standard adopted or proposed by state agencies to be submitted to, and approved or adopted by, the CBSC prior to codification. [Health and Safety Code (HSC) § 18930]
- Establishes the Permit Streamlining Act, which, among other things, establishes time limits within which state and local government agencies must either approve or disapprove permits to entitle a development. [Government Code (GOV) §§ 65920 - 65964.5]
- Allows the governing body of a local agency to authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions, as specified. [HSC § 19837]
- Requires a local agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions upon the request of an applicant for a nonresidential permit for the remodeling or tenant improvements of a building, as specified, where there is an “excessive delay” in checking the plans and specifications that are submitted as a part of the application. [HSC § 19837]
- Generally defines, for a nonresidential permit for a building other than a hotel or motel that is three stories or less, “excessive delay” to mean the building department or building division of the local agency has taken more than 50 days after submitting a complete application to complete the structural building safety plan check of the applicant’s set of plans and specifications that are suitable for checking. [HSC § 19837]
- Requires a local building department or permitting department to allow a qualified professional certifier to certify compliance with applicable building, health, and safety codes for a tenant improvement relating to a restaurant, as specified. [GOV §§ 66345 - 66345.4]
- Establishes the CRFC to provide for the regulation of retail food facilities. Establishes health and sanitation standards at the state level through the CRFC, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC § 113700, et seq.]
- Defines a TFF to mean a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event or at a swap meet and only as a part of the community event or swap meet. [HSC § 113930]
- Establishes the following requirements for TFFs, including:
- TFFs that operate at a swap meet are limited to only prepackaged nonpotentially hazardous food and whole uncut produce, and are required to meet the applicable requirements in the CRFC, as specified.
- Temporary food facilities that operate at community events are required meet the applicable requirements are required to meet the applicable requirements in the CRFC, as specified.
- Food facility requirements are to be determined by the enforcement agency based on the food service activity to be conducted, the type of food that is to be prepared or served, the length of the event, and the extent of food preparation that is to be conducted at a community event within a temporary food facility.
- Notwithstanding 9) a) above, the enforcement agency may allow temporary food facilities at a swap meet, depending on the food service activity to be conducted, the type of food that is to be prepared or served, the duration of the swap meet, and the extent of food preparation that is to be conducted at the swap meet. [HSC § 114335]
- Defines a community event to mean an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of a civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency. [HSC § 113930]
- Defines “swap meet” to include a flea market or an open-air market and means an event at which two or more persons offer merchandise for sale or exchange and that meets one of the following conditions:
- A fee is charged for the privilege of offering or displaying merchandise for sale or exchange;
- A fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange; and,
- The event is held more than six times in any 12-month period. [Business and Professions Code (BPC) § 113930]
- Specifies, notwithstanding 10), the term “swap meet,” includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. Specifies the term “swap meet” is interchangeable and applicable to “flea markets,” “indoor swap meets,” “open-air markets,” or other similar terms, regardless of whether these events are held either inside a building or outside in the open. States that the primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. [Ibid.]
- Defines “limited food preparation” to mean food preparation that is restricted to specified methods, including the following:
- Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food;
- Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing;
- Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source;
- Holding, portioning, and dispensing of any foods that are prepared by a catering operation;
- Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process;
- Cooking and seasoning to order;
- Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products;
- Hot and cold holding of food that has been prepared at an approved permanent food facility; and,
- Reheating of food that has been previously prepared at an approved permanent food facility and held at specified temperatures. [HSC § 113818]
- Specifies that “limited food preparation” does not include any of the following:
- Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface;
- Thawing;
- Cooling of cooked, potentially hazardous food;
- Grinding raw ingredients or potentially hazardous food;
- Washing of foods;
- Cooking of potentially hazardous foods for later use; and,
- Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products. [Ibid.]
- Defines a “compact mobile food operation” (CMFO) to mean a mobile food facility (vehicle used in conjunction with a commissary or other permanent food facility) that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. [HSC § 113831]
- States that CMFOs are only to conduct limited food preparation, as defined in 4) above. [HSC § 114368.2]
- Prohibits CMFOs from selling food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable specified operational requirements including applicable requirements for integral equipment, handwashing, and restroom access. Prohibits a CMFO operating from an individual from conducting any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce. [Ibid.]
FISCAL EFFECT: Unknown. This bill has not been analyzed by a fiscal committee.
COMMENTS:
- PURPOSE OF THIS BILL. According to the author, despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California’s local jurisdictions. The author continues that these small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind. The author states that this bill would remove these barriers by establishing a single, statewide “Temporary Commercial Activation Permit” for pop‑up businesses. The author continues that in his district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. The author concludes that this bill creates a clear, accessible way to bring those spaces back to life.
- BACKGROUND.
- CRFC. The CRFC is modeled after the federal Food and Drug Administration’s (FDA) Model Food Code (MFC), which is updated every four years to enhance food safety laws based on the best available science. Between each four-year period, the FDA makes available a Food Code Supplement that updates, modifies, or clarifies certain provisions. The Food Code assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry, such as restaurants, grocery stores, and institutions like nursing homes. Forty-eight states and territories have adopted food codes patterned after the MFC, representing 80% of the United States’ population.
The CRFC is primarily enforced by 62 local environmental health regulatory agencies. The State Department of Public Health’s Food and Drug Branch plays a supporting role in the enforcement of the CRFC by providing technical expertise to evaluate processes and procedures and to answer technical and legal inquires for local agencies, industry and consumers.
The CRFC does not currently contemplate pop-up businesses.
- Pop-Up Businesses. Pop-up businesses are temporary, short-term retail or service businesses that can move into vacant storefronts. Examples of pop-up businesses include traveling restaurants, product launches, Christmas markets, brand collaborations, or art and cultural pop-ups. Utilizing the pop-up model, also known as “commercial activations,” allows a business to test its products and market to different cities at a low cost. These events can drive foot traffic, sales, taxes, and positive spillover effects to nearby businesses.
Currently, temporary commercial activations have not been authorized consistently across different jurisdictions. This bill requires local jurisdictions to allow temporary commercial activation authorizations for pop-up businesses to operate in an eligible commercial space for a period not to exceed 120 days, but authorizes local jurisdictions to establish eligible uses and operational limits consistent with this bill; fire, accessibility, and health and safety standards appropriate for temporary use; fees not exceeding the reasonable costs of program administration; and, enforcement mechanisms and penalties for noncompliance. Please refer to the Assembly Committee on Local Government’s analysis of this bill for additional background.
This bill allows food facilities (such as restaurants) to utilize temporary commercial activations and currently specifies that eligible temporary uses are limited to activities consistent with limited food preparation or TFF standards under the CRFC. These activities are specified in existing law above.
The California Association of Environmental Health Administrators (CAEHA), which represents the directors of local environmental health regulatory agencies (which primarily enforce the CRFC), notes that presently, the regulation of TFFs is already a significant workload task for local environmental health departments.
- SUPPORT. This bill is sponsored by the Independent Hospitality Coalition (IHC).
The IHC states in support that this bill will address storefront vacancy, reduce barriers to entrepreneurship, and modernize California’s regulatory framework to better reflect today’s small business economy. IHC continues that there is no clear regulatory framework for short-term commercial occupancy in existing storefronts. IHC states that businesses are effectively forced into one of two categories: short-term “special events” lasting days or weeks, or full permanent occupancy requiring months of approvals and significant capital investment. IHC continues that this bill establishes temporary commercial activation authorizations, creating a defined pathway for low-risk, time-limited use of existing commercial spaces, aligning regulatory requirements with the temporary nature of the activity while maintaining essential health, safety, and accessibility protections. IHC concludes that California has successfully implemented similar right-sized frameworks in other areas, such as cottage food operations and sidewalk vending, expanding access to entrepreneurship while maintaining public protections and contends that it is time to bring that same level of modernization to California commercial storefronts.
- OPPOSE UNLESS AMENDED. The California Association of Environmental Health Administrators (CAEHA) opposes this bill unless amended, stating its primary concern is that this bill attempts to authorize extended pop-up food operations in a manner that conflicts with California’s existing retail food safety under the CRFC and creates significant implementation challenges for local health jurisdictions. Specifically, CAEHA states that TFFs are intentionally restricted to no more than 25 days in a 90-day period because they allow full food preparation, which carries inherent fire, ventilation, and food safety risks—particularly inside commercial buildings. CAEHA states that this bill would allow food-related pop-ups to operate for up to 120 days, with the option to extend, without a comparable regulatory pathway in CRFC. CAEHA continues that there is currently no CRFC mechanism that safely allows full food preparation in a stationary, temporary setting for the duration contemplated in this bill. CAEHA continues that this bill effectively creates a new category of food facility framework outside existing CRFC classifications, which would result in significant local costs for cities and counties to develop, implement, and maintain new food safety inspection procedures, enforcement protocols, training, and guidance to match the bill’s requirements—without a corresponding statewide regulatory framework. CAEHA continues that taken together, these issues create a regulatory gap that could undermine food safety, fire safety, enforcement consistency, and already-strained local public health resources. CAEHA contends that the most viable solution is to remove food operations from the bill entirely, allowing this bill to proceed as a framework for non-food pop-up businesses. CAEHA concludes that alternatively, any inclusion of food must be fully aligned with existing TFF or CMFO requirements under the CRFC.
- RELATED LEGISLATION. AB 1915 (Gabriel) would make various changes to the CRFC related to milk, non-continuous cooking, raw animal foods, handwashing sinks, refrigeration, grease traps and grease incinerators, and passthrough windows. Would require the CBSC, as part of its next triennial update, to adopt various building standards related to restrooms, drinking fountains, cooking equipment, and dishwashers. Would establish a streamlined approval process for a local permit for a like-for-like equipment installation (the installation or replacement of substantially similar existing approved equipment) for restaurants. AB 1915 was heard by the Assembly Health Committee on April 14, 2026 and passed by a vote of 16-0.
- PREVIOUS LEGISLATION.
- SB 972 (Gonzalez), Chapter 489, Statutes of 2022 establishes a CMFO as a subcategory of mobile food facility that is nonmotorized and operates from a pushcart or stand; exempts CMFOs from various provisions of the retail food code law, including certain sink requirements; prohibits criminal penalties from applying to CMFOs and instead limits enforcement to administrative penalties; and exempts sales from CMFOs from counting toward the limits for cottage food operators or microenterprise home kitchens.
- AB 1144 (Rivas), Chapter 178, Statutes of 2021 among other things, increases the maximum gross annual sales amount to $75,000 for a “Class A” cottage food operation and $150,000 for a “Class B” cottage food operation and would require that amount to be annually adjusted for inflation based on the California Consumer Price Index. Also requires a “Class B” operation to renew its permit annually, and authorizes a “Class B” operation to engage in direct and indirect sales of, and a “Class A” operation to engage in direct sales of, cottage food products throughout the state.
- SB 946 (Lara), Chapter 459, Statutes of 2018 establishes a framework for the regulation of sidewalk vendors and requires the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment and authorizes a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, as specified, to petition for dismissal of the sentence, fine, or conviction.
- AB 1616 (Gatto), Chapter 415, Statutes of 2012 establishes cottage food operations (CFOs). Defines “Class A" CFOs to mean CFOs that sell cottage food directly to the public (at the home where the cottage food operation is located or at a community event) and "Class B" CFOs to mean CFOs that sell prepared foods either indirectly through restaurants and stores or both directly to the public as well as indirectly to the public via sale to retail food facilities such as restaurants and markets.
- POLICY COMMENT. As the CRFC does not currently contemplate pop-up businesses, CAEHA raises concerns that the framework established by this bill does not fully align with the CRFC. For example, TFFs allow for full food preparation which may not be suitable in all activation sites. As this bill moves forward, the author may wish to work with CAEHA to ensure to the activities of the food facility operating as part of a temporary commercial activation are aligned with the appropriate type of food preparation for the site.
- AMENDMENTS. This bill states that an eligible temporary use for food facilities operating as part of temporary commercial activation is limited to activities consistent with limited food preparation or TFF standards under the CRFC. The current definition of TFF specifies that TFF may only operate as part of a community event or swap meet. The Committee may wish to amend this bill to also specify within the definition of TFFs that TFFs may operate as part of a temporary commercial activation for a limited duration within an existing commercial structure, as determined by the enforcement officer.
- DOUBLE REFERRAL. This bill is double referred, it passed the Assembly Committee on Local Government with a 10-0 vote on April 15, 2026.
REGISTERED SUPPORT / OPPOSITION:
Support
Independent Hospitality Coalition (sponsor)
Betsy Restaurant
Burger She Wrote
California Community Foundation
California Downtown Association
Civil Coffee
Ferazzani’s Pasta and Market
Inclusive Action for the City
Little Tokyo Service Center
Los Angeles Historic Core Business Improvement District
Petitgrain Boulangerie
Tea at Shiloh
The Arepa Group LLC
Opposition
None on file
Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097
Date of Hearing: April 15, 2026
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
ABPCA Bill Id:AB 1679 (
Author:Mark González) – As Amended Ver:March 19, 2026
SUBJECT: Local pop-up business program
SUMMARY: Requires a local agency to establish a local pop-up business program to allow eligible temporary use of eligible commercial space for a period not to exceed 120 days. Specifically, this bill:
- Defines the following terms:
- “Eligible commercial space” means an existing building or tenant space that meets all the following:
- Previously designed or used for commercial purposes.
- Not currently undergoing structural alteration.
- Does not require modification of fire-resistant elements.
- “Eligible temporary use” means commercial activity occurring within either a Group B (Business) or Group M (Mercantile) occupancy, as defined in the California Building Code (Building Code), with an occupant load not exceeding 49 persons. “Eligible temporary use” does not include Assembly, Institution, Residential, or High-Hazard occupancies, as defined in the California Building Code. For food facilities, “eligible temporary use” shall be limited to activities consistent with limited food preparation or temporary food facility standards under the California Retail Food Code.
- “Local jurisdiction” means a city, including a charter city, county, or city and county.
- “Local pop-up business program” means a program adopted by a city or county pursuant to this bill.
- “Pop-up small business” means a temporary commercial operation conducted in an existing commercial or mixed-use building pursuant to a temporary commercial activation authorization for a period not exceeding 120 days, subject to renewal pursuant to this bill.
- “Temporary commercial activation authorization” means a time-limited authorization issued by a local jurisdiction permitting commercial operation of an existing space under temporary occupancy standards established pursuant to this bill.
- “Eligible commercial space” means an existing building or tenant space that meets all the following:
- Requires each local jurisdiction to establish a local pop-up business program to allow temporary commercial activation authorization for eligible temporary use of eligible commercial space.
- Requires temporary commercial activation authorization to authorize an eligible temporary use for a period not to exceed 120 days.
- Allows a local jurisdiction to renew or extend the temporary commercial activation authorization, if the cumulative duration of an eligible temporary use in a single eligible commercial space does not exceed 12 months within any 24-month period.
- Provides that a local jurisdiction shall require an application for permanent occupancy under standard local processes for continued operation after the maximum cumulative duration is reached.
- Provides that the bill shall not prohibit a business from applying for a permanent occupancy at any time.
- Allows a local jurisdiction to implement a local pop-up business program through existing permitting frameworks or by creating a new authorization process, if the temporary commercial activation authorization satisfies the requirements of this bill.
- Requires, notwithstanding any other law, a temporary commercial activation authorization issued pursuant to this bill to do all the following:
- Allow eligible temporary use of eligible commercial space without requiring full compliance with standards applicable to permanent occupancy.
- Be conditioned on compliance with minimum public health, fire, building, and life-safety standards necessary to prevent immediate risk to occupants and the public.
- Allows, notwithstanding any other law, a local jurisdiction to temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy and are not directly related to immediate life-safety risks, including, but not limited to, any of the following:
- Long-term parking minimum requirements.
- Public improvement dedications associated with permanent occupancy.
- Tenant improvement valuation thresholds triggering full building system upgrades.
- Discretionary land use procedures required for permanent tenancy.
- Provides that the bill shall not be deemed to exempt a property owner or tenant from public improvements or development requirements that are lawfully imposed as a condition of permanent occupancy or structural alteration.
- Prohibits a temporary commercial activation authorization from allowing any of the following:
- Structural alteration.
- Modification of fire-resistant elements.
- Change to a higher risk occupancy classification under the California Building Code.
- Allows, notwithstanding any other law, a limited temporary change between Group B (Business) and Group M (Mercantile) occupancies for temporary commercial activation authorizations, if the following conditions are met:
- The occupant load does not exceed 49 persons, except as prohibited in 11) above.
- No structural alteration is required.
- All applicable fire and life-safety provisions for the temporary occupancy are satisfied.
- Requires a temporary commercial activation authorization to comply with applicable life-safety provisions governing temporary uses or temporary structures under the California Building Code and temporary events provisions under the California Fire Code.
- Provides that the bill shall not be deemed to limit the authority of a local fire official to impose additional safety conditions necessary to protect occupants and the public.
- Provides that a temporary commercial activation authorization under this bill shall not be deemed to exempt any space from applicable state or federal accessibility requirements.
- Requires a local jurisdiction to provide written accessibility compliance guidance materials to an applicant and may require acknowledgement of accessibility obligations as a condition of temporary commercial activation authorization.
- Provides that a temporary commercial activation authorization shall not constitute a determination of full accessibility compliance for purposes of permanent occupancy.
- Requires a food facility operating pursuant to a temporary commercial activation authorization to comply with all applicable provisions regulating limited food preparation and temporary food facilities under the California Retail Food Code.
- Allows, notwithstanding any other law, a local enforcement agency responsible for environmental health to impose additional temporary food safety requirements consistent with the California Retail Food Code.
- Provides that the bill will not be deemed to authorize a temporary use that poses a clear and immediate risk to public health or safety.
- Allows, notwithstanding any other law, a local jurisdiction to establish any of the following:
- Eligible uses and operational limits consistent with the bill.
- Fire, accessibility, and life-safety conditions appropriate for temporary use.
- Fees not exceeding the reasonable costs of program administration.
- Enforcement mechanisms and penalties for noncompliance.
- Provides that a temporary commercial activation shall not be deemed to confer a vested right and allows a local jurisdiction to revoke a temporary commercial activation authorization for a violation of a condition of a local pop-up business program.
- Prohibits a temporary commercial activation authorization granted pursuant to a local pop-up business program pursuant to this bill from being deemed permanent occupancy or establish legal nonconformity.
- Allows a pop-up small business operating under a temporary commercial activation authorization to apply for a permanent occupancy through standard local processes.
- Allows a local jurisdiction to encourage transition to permanent tenancy but prohibits a local jurisdiction from requiring permanent buildout as a condition of a temporary commercial activation authorization granted pursual to a local pop-up business program.
- Contains a number of findings and declarations regarding its purpose.
- Finds and declares that a statewide requirement for a temporary commercial activation authorization framework for a local pop-up business program is a matter of statewide concern and is not a municipal affair. Therefore, the bill applies to all cities, including charter cities.
- Provides that no reimbursement is required by this bill 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 bill.
EXISTING LAW:
- Establishes the California Building Standards Commission (CBSC) within the Department of General Services (DGS) and requires any building standard adopted or proposed by state agencies to be submitted to, and approved or adopted by, the CBSC prior to codification. [Health and Safety Code (HSC) § 18930]
- Establishes the Permit Streamlining Act (PSA), which, among other things, establishes time limits within which state and local government agencies must either approve or disapprove permits to entitle a development. [Government Code (GOV) §§ 65920 - 65964.5]
- Allows the governing body of a local agency to authorize its enforcement agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions, as specified. (HSC § 19837)
- Requires a local agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions upon the request of an applicant for a nonresidential permit for the remodeling or tenant improvements of a building, as specified, where there is an “excessive delay” in checking the plans and specifications that are submitted as a part of the application. (HSC § 19837)
- Generally defines, for a nonresidential permit for a building other than a hotel or motel that is three stories or less, “excessive delay” to mean the building department or building division of the local agency has taken more than 50 days after submitting a complete application to complete the structural building safety plan check of the applicant’s set of plans and specifications that are suitable for checking. (HSC § 19837)
- Requires, pursuant to AB 671 (Wicks), Chapter 470, Statutes of 2025, a local building department or permitting department to allow a qualified professional certifier to certify compliance with applicable building, health, and safety codes for a tenant improvement relating to a restaurant, as specified. (GOV §§ 66345 - 66345.4)
FISCAL EFFECT: The bill is keyed fiscal and contains a state-mandated local program.
COMMENTS:
- Bill Summary. This bill requires each local jurisdiction to establish a local pop-up business program to allow a local pop-up small business, as defined, to operate for a period not exceeding 120 days in an eligible commercial space. This action by the local jurisdiction to allow a local pop-up small business to operate temporarily is defined by the bill as a “temporary commercial activation authorization." A local jurisdiction may renew or extend the temporary commercial activation authorization, if the cumulative duration in a single temporary use in an eligible commercial space does not exceed 12 months in any 24-month period. When a pop-up small business meets or exceeds the maximum temporary commercial activation authorization period, the bill requires a local jurisdiction to require the local pop-up small business to apply for permanent occupancy.
The bill requires a temporary commercial activation authorization to allow temporary use of an eligible commercial space without requiring full compliance with standards applicable to permanent occupancy and requires compliance with minimum public health, fire, building, and life-safety standards. The bill also allows a jurisdiction to temporarily suspend, defer, or modify development standards and discretionary requirements that are triggered by permanent occupancy and that are not directly related to immediate life-safety risks. This includes long-term parking minimum requirements, public improvement dedications, tenant improvement valuation thresholds triggering full building system upgrades, and discretionary land use procedures required for permanent tenancy.
Under the bill, a temporary commercial activation authorization is prohibited from allowing structural alteration, modification of fire-resistant elements, and changes to a higher-risk occupancy classification. The bill provides that a property owner or a tenant of an eligible commercial space is not exempt from public improvements or development requirements that are a condition of permanent occupancy or structural alteration. The bill requires a temporary commercial activation authorization to comply with all applicable life-safety provisions governing temporary uses or temporary structures under the California Building Code and temporary event provisions under the California Fire Code. The bill does not limit the authority of a local fire official to impose additional safety conditions to protect occupants.
The bill allows a local jurisdiction to establish any of the following:
- Eligible uses and operational limits consistent with the bill.
- Fire, accessibility, and life-safety conditions appropriate for temporary use.
- Fees not exceeding the reasonable costs of program administration.
- Enforcement mechanisms.
The bill also explicitly states that a temporary commercial activation authorization does not exempt any space from applicable state or federal accessibility requirements. A local jurisdiction is required to provide written accessibility compliance guidance materials to the applicant and may require acknowledgement of their accessibility obligations as condition of approval.
Additionally, the bill requires a food facility operating pursuant to a temporary commercial activation authorization to comply with all applicable provisions regulating limited food preparation and temporary food facilities under the California Retail Food Code. The bill allows a local enforcement agency responsible for environmental health to impose additional temporary food safety requirements consistent with the California Retail Food Code.
Lastly, the bill specifies that a temporary commercial activation is not a vested right. Under this bill, a local jurisdiction is allowed to revoke a temporary commercial activation authorization for a violation of a condition of a local pop-up business program. The bill also prohibits a temporary commercial activation authorization from being deemed a permanent occupancy or establishing legal nonconformity. However, the bill does specify that a pop-up small business operating under a temporary commercial activation authorization may apply for permanent occupancy through standard local processes at any time.
This bill is sponsored by the Independent Hospitality Coalition.
- Author’s Statement. According to the author, “Despite growing recognition that pop-up businesses are an effective way to activate vacant spaces, there is no consistent permitting framework across California’s local jurisdictions. These small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind.
“AB 1679 would remove these barriers by establishing a single, statewide “Temporary Commercial Activation Permit’ for pop‑up businesses. In my own district, empty storefronts sit side‑by‑side with businesses seeking an opportunity. This bill creates a clear, accessible way to bring those spaces back to life.” - Background. The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
- Building Codes. The California Building Standards Code (Title 24 of the California Code of Regulations) contains building standards and regulations as adopted by the CBSC. These standards include, among other requirements, structural standards for building safety (the Building Code), fire safety standards (the Fire Code), energy efficiency standards (the Energy Code), and standards for green buildings (CalGreen). The CBSC updates the Building Standards Code on a three-year cycle—the CBSC published new standards that went into effect on January 1, 2023. Once adopted at the state level, cities and counties in California then enact an ordinance to adopt the codes. Improvements to existing buildings must comply with the current building codes and may trigger additional code upgrades for other parts of the building.
- Building Permit Approvals. A builder may need a range of administrative permits from the local agency to complete the work to construct or modify a building. These permits can include building permits and other permits for: demolition; grading; excavation; electrical, plumbing, or mechanical work; encroachment in the public right-of-way; roofing; water and sewer connections or septic systems; fire sprinklers; and home occupations.
City and county building departments enforce the provisions of the State Housing Law, the California Building Standards Code, and local zoning codes that specify the allowable forms and uses of buildings within a city or county’s jurisdiction. Within building departments, the positions responsible for evaluating building permits for compliance include building officials, inspectors, plan checkers, and civil engineers. State Housing Law also allows local agencies to hire private entities on a temporary basis to perform plan checking services. Some agencies contract out a portion of their workload during especially busy times, or certain portions of the building permit review process, such as reviewing compliance with energy efficiency requirements. Other local agencies contract out nearly all plan checking functions to a private firm.
- The Permit Streamlining Act (PSA). The PSA requires public agencies to act fairly and promptly on applications for development proposals. Under the PSA, public agencies have 30 days to determine whether applications for development projects are complete and request additional information; failure to act results in an application being “deemed complete.” The PSA applies to the discretionary approval phase of a development review process; this is the phase where the agency, in its discretion, decides whether it approves of the concept outlined in the development proposal. Because the local agency is exercising discretion, these approval decisions are subject to CEQA. Discretionary permits often apply to new developments, significant renovation, or changes in use that may impact the community. Tenant improvements may or may not require discretionary permits.
- Post-entitlement Permits. A development proposal that does not require any discretionary approvals or has been approved and entitled by a local agency, is still required to obtain approval for a range of post-entitlement permits, including building, health, and safety permits. This stage of the review process is often ministerial, as these post-entitlement permits are typically objective in nature.
In order to expedite this stage of the development approval process for housing developments, AB 2234 (Robert Rivas), Chapter 651, Statutes of 2022, established parameters for a local agency’s review of non-discretionary post-entitlement phase permits, including requiring a local agency to determine whether an application for a post-entitlement building permit is complete within 15 days of the agency receiving the application. Post-entitlement building permits must be approved by local agencies within 30 days for small housing development projects and 60 days for large housing development projects.
AB 1114 (Haney), Chapter 753, Statutes of 2023, expanded the post-entitlement permits subject to the expedited review process and timelines established by AB 2234 to include all building permits and other permits issued under the California Building Standards Code, or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary.
AB 301 (Schiavo and Rivas), Chapter 488, Statutes of 2025, extended these post entitlement phase permitting provisions to state agencies.
- Excessive Delays for Plan Checks. Existing law requires a local agency to contract with or employ a private entity or persons on a temporary basis to perform plan-checking functions upon the request of an applicant when there is an “excessive delay” in checking the applicant’s plans and specifications. Plan-checking includes items such as compliance with building, health, and safety codes.
For a nonresidential permit for the remodeling or tenant improvements of a building, “excessive delay” generally means the building department of the local agency has taken more than 50 days after receiving a complete application to check the applicant’s plans and specifications. “Excessive delay” can also be claimed if the agency takes more than 60 days to check the initial application and check resubmitted corrected plans and specifications after the agency returned the plans to the applicant for correction.
- Local Fast-Tracking of Tenant Improvement Projects. Some cities, including San Diego and Los Angeles, have developed programs to fast-track the permitting and approval process for tenant improvement projects. According to the Building Owners and Manufactures Association of Greater Los Angeles (BOMA/GLA), “During the height of the crisis of the pandemic, Los Angeles Department of Building and Safety (LADBS) met with the American Institute of Architects (AIALA), BOMA/GLA, and the California Construction Authority (CCA) to identify a proactive approach to ensure that the private sector could more effectively and more expeditiously respond to the urgent need to reconfigure, retrofit, and/or reprogram existing workplaces, retail sites, and commercial office buildings to adapt to new market conditions and demands for healthy, safer, and more equitable interior spaces.”
Los Angeles’ Fast-Track Office Tenant Improvement Program and San Diego’s Office Tenant Improvement Professional Certification Permit program require plans to be stamped and signed by a California licensed architect or engineer. The Los Angeles Program additionally requires that the project does not involve a change of use or additional floor area and does not require approval from other city or county departments. The San Diego program requires, among other things, that the project is not a first-generation tenant improvement, does not alter, remove, or add plumbing fixtures, does not make changes to the exterior of the building, does not alter or change stairways or stair vestibules, does not include new floor openings, does not reduce accessibility, and does not require special inspections. The Los Angeles program has a goal of completing plan review within two business days of plan-check fees payment, while San Diego’s program offers issuance of a permit within the same day that a virtual appointment is completed.
- AB 671 (Wicks) of 2026. In an effort to expedite tenant improvements for restaurants, the Legislature approved AB 671 (Wicks), Chapter 470, Statutes of 2025, which required a local building or permitting department to allow an applicant to have a qualified professional certifier certify that the plans for a tenant improvement relating to a restaurant comply with applicable building, health, and safety codes. The bill applied to restaurants, defined as a retail food establishment that prepares, serves, and vends food directly to the consumer. Fast food restaurants were specifically excluded from the bill, as were tenant improvements subject to plan review requirements under the California Retail Food Code.
AB 671 required a qualified professional certifier to be a licensed engineer or architect that has specified liability insurance coverage and has five years of experience in commercial design or plan checking. The tenant improvements must comply with state and local building standards, and the professional certifier must prepare an affidavit attesting that the tenant improvement plans comply with all applicable laws and regulations. The certifier or the applicant must attest that the restaurant is eligible for the program.
AB 671 required the local building department to approve or deny an application within 20 business days of receiving it. If the local building department does not approve or deny the application within this period, the certified plan is deemed approved for permitting purposes, provided that all fees and required documents have been submitted. The bill also allowed an applicant to resubmit corrected plans addressing deficiencies if denied. The local building department must approve or deny each subsequent resubmission within 10 business days of receipt, and review of each subsequent resubmission must be limited to correcting the deficiencies identified in the initial denial.
AB 671 allowed local building departments to charge permit fees for applications using a qualified professional certifier and required random audits of no less than 20% of all tenant improvements submitted for self-certification every week.
AB 671 also established various enforcement measures. A city or county may adopt additional qualifications or requirements for a qualified professional certifier, including:
- A requirement to register with the city or county prior to certifying plans.
- Training requirements that must be completed prior to certifying plans.
- Payment of fees not to exceed the reasonable cost of implementing the requirements of the bill.
- Penalties that may include decertification as a qualified professional certifier in that jurisdiction or reasonable administrative fines for either willful noncompliance or two or more instances in which the qualified professional certifier attested to certifying noncompliant plans.
AB 671 provided that a qualified professional certifier is liable for any damages arising from negligent plan review, required the applicant to indemnify the local agency from any injury arising from construction, and provided that a public entity or public employee is not liable for an injury caused by their actions related to a permit issued under the bill.
- Policy Consideration. The Committee may wish to consider the following policy considerations,
- In the Spirit of Small Businesses. According to the author, “small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind.” The bill applies to a temporary commercial use (local pop up small business) in a commercial space that is in a space that was previously designed or used for commercial purposes, not undergoing structural alteration, and does not need modification of fire resistant elements (eligible commercial space) for the purpose of displaying and selling merchandise, or for office, professional, or service-type transactions with a maximum occupant load not exceeding 49 people, consistent with the Group M and Group B Classification in the Building Code (eligible uses). According to the Building Code, the uses of Group B cover a wide range of uses which includes, but is not limited to, doctors, radio television stations, tutoring centers, vehicle showrooms, carwashes, and dry cleaners and laundries.
While the bill limits the application of the temporary commercial activation authorization to buildings or commercial spaces that have a maximum occupant load of 49 people, the bill has no limit or specifications on the size of business that can occupy these spaces. The bill would cover an artist showcasing their art in a commercial space converted into gallery, a tax preparation service, a luxury car showroom, and seasonal holiday store equally. The Committee may wish to consider if there should be additional standards or guardrail on the type or size of business the bill applies to. - Recent Legislation to Expedite Approval and Review Timelines. As described above, the State has recently considered and passed various pieces of legislation relating to plan check, approval timelines of permits, and facilitating tenant improvements. With all that has been done so far, the Committee may wish to consider if this bill provides additional benefit.
- Providing Clarity. The bill uses terminology such as “life-safety provisions” that is inconsistent with state law. The bill also contains provisions throughout the verbiage of the bill that are substantially similar but not identical. The Committee may wish to consider if technical and conforming changes would help add clarity to the bill and its implementation.
- Local Land Use Authority. The bill allows local jurisdictions to self-limit requiring certain development standards and discretionary land use procedures that are not an immediate threat to health and safety. This would include discretionary land use procedures related to cannabis, adult business establishments, and alcoholic beverage sales. The Committee may wish to consider if there should be more flexibility in suspending, deferring, or modifying discretionary requirements for the aforementioned uses.
- Balancing Health and Safety with the needs of Temporary Commercial Operations. This bill requires local jurisdictions to allow temporary commercial uses to operate out of eligible commercial spaces meeting “minimum life-safety provisions.” The committee may wish to consider what a constitutes a “minimum life-safety provision” or “minimum health and safety standard.”
- Local Programs and Establishing Temporary Commercial Use Standards. This bill requires local jurisdictions to establish a program that would meet the requirements of this bill. The Committee may wish to consider if it would be more effective to require local jurisdictions to meet the provisions of the bill without creating a new program.
- In the Spirit of Small Businesses. According to the author, “small businesses must navigate a confusing, fragmented, and costly system that was never designed with pop‑ups in mind.” The bill applies to a temporary commercial use (local pop up small business) in a commercial space that is in a space that was previously designed or used for commercial purposes, not undergoing structural alteration, and does not need modification of fire resistant elements (eligible commercial space) for the purpose of displaying and selling merchandise, or for office, professional, or service-type transactions with a maximum occupant load not exceeding 49 people, consistent with the Group M and Group B Classification in the Building Code (eligible uses). According to the Building Code, the uses of Group B cover a wide range of uses which includes, but is not limited to, doctors, radio television stations, tutoring centers, vehicle showrooms, carwashes, and dry cleaners and laundries.
- Committee Amendments. In order to address concerns c) through f) above, the committee may wish to consider the following amendments.
- Strike the requirement that local jurisdictions establish a new program and instead require local jurisdictions to adhere to the provisions and standards set by the bill.
- Allow a local jurisdiction that has existing permitting frameworks that meet the requirements of the bill to satisfy the requirements of the bill.
- Prohibit a local jurisdiction from suspending, deferring, or modifying discretionary land use procedures for a temporary activation authorization for commercial uses related to cannabis, adult business establishments, and alcoholic beverage sale, unless the establishment is a bona fide eating place.
- Reorganize the bill to limit unnecessary redundancies and ensure consistency throughout the bill.
- Apply technical and conforming changes that align the bill’s verbiage with existing state law.
- Related Legislation. AB 1693 (Zbur) requires a local building department to allow a qualified professional certifier to certify compliance with applicable building, health, and safety codes for a tenant improvement relating to a retailer. This bill is currently in the Assembly Local Government Committee.
- Arguments in Support. The Independent Hospitality Coalition, the sponsor of the bill, writes in support, “In San Francisco, the Vacant to Vibrant initiative has demonstrated how temporary activation of storefronts can drive real economic outcomes. This program connects small businesses, artists, and entrepreneurs with vacant spaces, providing support for pop-up activations that bring immediate life back to commercial corridors...
“However, programs like Vacant to Vibrant require substantial public coordination, funding, and administrative support to overcome regulatory barriers that should not exist in the first place. AB 1679 builds on these successes by establishing a scalable, statewide framework that allows this model to work without requiring cities to recreate complex programs from scratch.
“AB 1679 creates a defined pathway for low-risk, time-limited use of existing commercial spaces, aligning regulatory requirements with the temporary nature of the activity while maintaining essential health, safety, and accessibility protections.” - Arguments in Opposition. None on file.
- Double-Referral. This bill is double-referred to the Assembly Health Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Independent Hospitality Coalition- SPONSOR
Betsy Restaurant
California Community Foundation
Central City Association of Los Angeles
Civil Coffee
Inclusive Action for the City
Little Tokyo Service Center
Los Angeles Historic Core Business Improvement District
Tea At Shiloh
Opposition
None
Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958
Discussed in Hearing
1MIN
Assembly Floor
3MIN
Senate Floor
7MIN
Senate Standing Committee on Health
13MIN
Senate Standing Committee on Local Government
1MIN
Assembly Floor
11MIN
Assembly Standing Committee on Health
10MIN
