AB 1751 (Quirk-Silva)
Missing Middle Townhome Ownership Act.
Allows ministerial approval for town homes in areas where local governments have previously zoned for residential development. Creates a by-right approval process for town home developments to increase “missing middle” homeownership while limiting local barriers and protecting sensitive sites.
Summary:
Designates the act as the Missing Middle Townhome Ownership Act Allows local agencies to apply objective zoning, subdivision, and design standards, but prohibits standards that:
Physically prevent compliant projects.
Impose requirements based on use of this law.
Restrict parking beyond what state law allows.
Requires ministerial approval of projects.
Allows denial only if the agency finds a specific, adverse impact on public health and safety with no feasible mitigation.
Authorizes local governments to adopt implementing ordinances and exempts the ordinances from CEQA.
Requires local agencies to approve parcel maps and tentative/final maps ministerially for qualifying projects.
Requires projects to adhere to RHNA density standards.
Allows for townhome projects on multifamily zoned areas and underutilized single-family parcels with each parcel size being 600 square feet.
Allows multiple ownership structures, including:
Fee simple
Common interest developments
Limited-equity cooperatives
Community land trusts
Tenancy in common
Requires a $28 minimum wage to be applied to construction workers for projects authorized by this bill.
Requires the minimum wage to be adjusted annually.
Specifies that this minimum wage does not affect the determination of the prevailing wage.
Prohibits projects on environmentally sensitive or hazardous sites as specified.
Prevents developers from using this on properties where tenants were recently displaced, including rent-controlled units or buildings removed from the rental market under the Ellis Act.
Allows local governments to apply the affordability requirements contained in any local inclusionary zoning for a development that will create 11 or more units.
Excludes existing mobilehome parks as a possible site for these developments.
Prohibits existing homes on the same lot from being split up and sold separately to develop, Prohibits minimum lot size/dimension rules beyond those in the bill Prohibits local governments from requiring a homeowners association, but makes it an allowable use under the Davis Sterling Common Interest Development Act.
Prohibits the sale of individual property lots unless the townhomes are already built or the parcel will be used for a form of common area.
Exempts the townhomes from CEQA.
Exempts the City and County of San Francisco from the bill's requirements.