Agenda item
LETTER IN SUPPORT OF ASSEMBLY BILL 1857 – THE GROCERY STORES ACCESS ACT — approved 5-0
Council Meeting (Closed Session 4:30 PM), item 13, LETTER IN SUPPORT OF ASSEMBLY BILL 1857 – THE GROCERY STORES ACCESS ACT was approved (5-0). [Minutes, p. 6]
The record
- Meeting
- Council Meeting (Closed Session 4:30 PM)
- Body
- City Council
- Item
- 13
- Request
- Request the City Council approve sending a letter to the California State Assembly in Support of AB 1857. (File Number 0145-30)
- Staff recommendation
- none
- Presented by
- Zack Beck, City Clerk
- Outcome
- approved
- Vote
- 5-0
- Moved by
- Martinez
- Seconded by
- White
- Case or file number
- 0145-30
From the document
Every field above was read from one of these passages.
13. LETTER IN SUPPORT OF ASSEMBLY BILL 1857 – THE GROCERY STORES ACCESS ACT Request the City Council approve sending a letter to the California State Assembly in Support of AB 1857. (File Number 0145-30)
Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk)
Motion: Martinez; Second: White; Approved: 5-0
Staff Recommendation: None (City Clerk's Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
What this refers to
-
AB 1857 (2025-2026 session)
Unlawfully restrictive covenants: grocery stores and supermarkets.
Proposed. This is not law unless it passes.
The item describes what this bill does, so the 2025-2026 session is the one it cites.
Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts certain land uses, including the installation or use of a solar energy system or construction or use of an accessory dwelling unit or junior accessory dwelling unit on certain lots. Existing law authorizes a person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant, as specified, to record a restrictive covenant modification document. Before recording the document, existing law requires the county recorder to submit the modification document and the original document to the county counsel, who is required to determine whether the original document contains an unlawful restriction.This bill would make void and unenforceable against an interested party any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket, as defined, if a grocery store or supermarket either previously operated on the property and has ceased operations or is no longer in actual operation within a commercial project or shopping center and an approved restrictive covenant modification document has been recorded in the public record. The bill would entitle an interested party, as defined, to establish that an existing restrictive covenant is unenforceable by submitting a restrictive covenant modification document to the county recorder, in accordance with certain procedures, to allow the grocery store or supermarket development to proceed. By imposing additional duties on county officials, this bill would impose a state-mandated local program. The bill would include findings and declarations relating to these provisions.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.