Bill
AB 1751
AB 1751 creates a ministerial path to fast-track townhome projects that meet density and design rules, expanding missing middle housing while allowing limited adverse-impact denial
Session: 2025-2026 | Jurisdiction: California
Status: As amended and moving through committees in April 2026. Sponsor: Assembly Members Quirk-Silva and Wicks (co-sponsors include Buffy Wicks and Sharon Quirk-Silva).
Purpose and intent
- The bill creates a new ministerial pathway to approve certain townhome development projects that meet defined density and design criteria, with the aim of increasing “missing middle” housing—townhomes that are more affordable and feasible than large multifamily projects but more substantial than single-family homes.
- It expands streamlined, ministerial review processes to townhome developments, subject to objective standards, to expedite permitting and map approvals while maintaining protections against specific adverse impacts.
Key provisions and changes
1) New ministerial approval for townhome development (Gov’t Code • Section 65852.29)
- Proponent may submit an application for a townhome housing development project, including all typical approvals (land use, zoning, subdivision, building, grading, permits).
- Local agencies may apply objective zoning, subdivision, and design standards that do not conflict with the act.
- A local agency shall ministerially consider the application (no discretionary review or hearings) under housing application procedures set by state law (Housing Accountability Act and Permit Streamlining Act).
- Local agencies may disapprove only if there is a written finding, by a preponderance of the evidence, of a specific adverse impact on public health and safety with no feasible mitigation option.
- Local agencies may adopt implementing ordinances; such ordinances are not considered a CEQA project.
2) Townhome definitions and project scope
- Townhome: a single-family dwelling unit, ≤ 3 stories, that either shares a common wall with neighboring units on one or two sides or is separated from neighbors by an air gap.
- Townhome development project: housing development consisting entirely of such townhomes and meeting at least 75% of the applicable density.
3) Density, parcel size, and site criteria (65852.29(c)-(e))
- Projects must meet density thresholds (at least 75% of the density described in existing density provisions in California housing law).
- Parcels created must be no smaller than 600 square feet.
- Sites must meet criteria related to zoning (allowing multifamily or underutilized for single-family), not be in transit-oriented zones for other uses, and meet a set of environmental and land-use restrictions (e.g., not prime farmland, wetlands, flood zones, wildfire zones, or hazardous sites, with exceptions if federal criteria are met).
- Housing units must be constructed on fee simple lots, in common interest developments, nonprofit/community land trust arrangements, or other allowed forms; affordability and restrictions apply if the parcel serves a share of regional housing need for lower-income households (affordability covenant of at least 45 years).
4) Exclusions and limitations
- The City and County of San Francisco are exempt from these provisions.
- Local agencies may include transitional provisions or further standards, but cannot impose standards that block 75%+ density townhome projects or that would preclude ministerial approval for compliant projects.
5) Labor and wage provisions (Section 66499.46)
- A minimum wage of $28 per hour applies to construction workers on townhome projects under this chapter, with annual adjustments based on the U.S. CPI-W, and with state labor protections continuing to apply.
6) Enforcement, timelines, and CEQA
- Projects approved under this ministerial process are not considered CEQA projects for purposes of CEQA review.
- Approvals follow Housing Accountability Act and Permit Streamlining Act timelines; disapproval requires written findings of specific adverse impacts with no feasible mitigation.
7) Local and statewide applicability
- The act asserts statewide concern and applies to cities (including charter cities) with specific SF exemption, and allows local ordinance implementation.
- Findings emphasize statewide housing objectives and the need for a specialized statutory framework.
What would be affected
- Development proponents seeking townhome projects (developers, builders, and landowners) would gain a streamlined ministerial path if they meet the standards.
- Local governments would process parcel maps and tentative/final maps for eligible townhome projects ministerially, with limited discretionary authority.
- Homebuyers and renters seeking smaller, potentially more affordable townhome units could benefit from faster approvals and access to new housing stock.
- Labor standards would apply to construction on these projects (minimum wage requirements).
Timeline and actions
- Bill text indicates ministerial processing timelines aligned with existing Housing Accountability Act and Permit Streamlining Act timelines.
- The action history shows committee referrals and amendments through spring 2026, with initial introduction in February 2026 and subsequent committee votes.
Overall impact
- AB 1751 proposes a targeted, ministerial pathway to accelerate townhome development by establishing clear density and parcel-size requirements, limiting discretionary review, while preserving protections against demonstrable adverse impacts. It expands the set of housing production tools intended to address the “missing middle” housing gap in California, with San Francisco expressly exempted.
Compiled from official sources — confirm details with the bill’s official record.
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