AB1679 - Local pop-up small business program.

Amended IN Senate August 17, 2026 Amended IN Senate August 03, 2026 Amended IN Senate June 10, 2026 Amended IN Assembly April 23, 2026 Amended IN Assembly April 16, 2026 Amended IN Assembly March 19, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1679 Introduced by Assembly Members Mark González and Wicks (Coauthors: Senators Arreguín and Durazo) February 02, 2026 An act to add Chapter 5.9 (commencing with Section 51028) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 113789 of the Health and Safety Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 1679, as amended, Mark González. Local pop-up small business program. (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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Chapter 5.9 (commencing with Section 51028) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 5.9. Local Pop-Up Business Program Article 1. General Provisions 51028. The Legislature finds and declares all of the following: (a) Small businesses are essential to California’s 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. Article 2. Pop-up Small Business Authorization 51028.5. (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 commerci [Text truncated for display. Full text available on Congress.gov.]