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How to get your permits fast or the benefits of using SB-423 in Agoura Hills

Agoura Hills' housing crisis has made it difficult for property owners to upgrade or build new homes. The main issues are the long permitting process and high development costs, with discretionary permits causing delays or even halting projects due to subjective decisions. SB-423 aims to tackle this problem by introducing a streamlined ministerial process for approving new housing units. This faster approach encourages the creation of more market-rate and affordable homes, helping to ease the state's housing shortage.

What is SB-423 and how it helps Housing Development

SB-423 is a California law designed to simplify the approval process for building residential projects with two or more units. It allows developments meeting specific criteria—like including affordable housing for low- and moderate-income families—to use a faster, ministerial approval process. This approach sets clear deadlines for permits, cutting down the long waits typically seen in housing projects. SB-423 extends the benefits of SB-35, a similar law, ensuring these streamlined approvals remain in effect until January 1, 2036, though this is a limited timeframe given how long construction projects can take.

How is SB-423 different from SB-35?

SB-423 builds on SB-35 by promoting mixed-income developments, making projects financially feasible by balancing market-rate and affordable housing requirements. This adjustment addresses California’s housing crisis more broadly, compared to SB-35’s exclusive focus on low-income housing.

How does SB-423 help projects get permits fast?

Under SB-423, qualifying projects use the ministerial approval process, which relies only on objective, clearly defined criteria. This removes personal judgment from the decision-making process, ensuring approvals or denials are based on measurable standards. Projects approved ministerially are exempt from environmental reviews under CEQA, unlike discretionary permits, which allow local agencies to apply subjective judgments, often causing delays due to factors like community concerns or environmental impact assessments.

What can you build under SB-423 in Agoura Hills?

How many units do you need to build so that the project may qualify for SB-423?

To qualify for SB-423, a project should include at least 2 (two) housing units.

Which mixed-use projects qualify under SB-423?

Mixed-use projects should have at least two-thirds of their floor area dedicated to residential purposes to qualify under SB-423.

Do the affordable unit rules apply?

Projects with 2-9 units are not required to include affordable housing. For projects with 10 or more units, local affordability rules apply. Typically, 10% of the units should be affordable, with rental units priced for households earning 50% or less of the area median income (AMI) or ownership units for those earning 80% or less of AMI.

What are the rights of the protected tenants?

SB-423 prohibits demolishing housing that has been rented in the past 10 years, is rent-controlled, or has legal affordability restrictions. It also bars projects from applying if rental units were demolished in the last 10 years.

What are the labor protections under SB-423?

Projects with 10 or more units should follow labor rules, including paying standard wages to all workers and, for developments with 50+ units, participating in apprenticeship programs and offering health care benefits. Projects taller than 85 feet that are not fully affordable should hire skilled workers if they receive three or more qualifying bids.

Smaller projects with 2-9 units are exempt from these labor requirements.

Find out how many units your property can have to qualify for SB-423.

Which areas in Agoura Hills are eligible to get permits fast for a construction project?

Zoning districts eligible for SB-423 projects

SB-423 projects are allowed in zones designated for residential or mixed-use development. These sites should be near urban areas, with at least 75% of their border next to developed properties like homes, businesses, or public spaces.

What are the rules about historical buildings?

Buildings listed on national, state, or local historic registers cannot be demolished under SB-423.

Does SB-423 allow projects built in high-risk locations?

SB-423 does not allow construction in areas with high risks, such as earthquake fault zones, wildfire hazard areas, flood plains, or floodways. Local restrictions for such areas also apply.

Are there environmental restrictions?

Projects cannot be built on environmentally sensitive areas like prime farmland, wetlands, hazardous waste sites, protected wildlife habitats, or land under conservation easements.

Are SB-423 projects allowed in coastal zones?

Until January 1, 2025, SB-423 projects are not allowed in coastal zones. After this date, restrictions will still apply. Projects must avoid sites not covered by a certified coastal plan, areas vulnerable to five feet of sea level rise, and locations not zoned for multi-family housing, wetlands, or prime agricultural land.

How fast can you get the permits under SB-423 in Agoura Hills?

Projects that propose 150 units or fewer:

Eligibility Review deadline: 60 days from submittal

Approval deadline, including Design Review: 90 days from submittal

For projects with more than 150 units:

Eligibility Review deadline: 90 days from submittal

Approval deadline, including Design Review: 180 days from submittal

SB 423 project approvals remain valid as long as the development includes public investment for housing affordability beyond just tax credits, and at least 50% of the units are affordable.

Are the pre-submittal requirements necessary?

Yes, before applying under SB-423, project sponsors or property owners should complete specific steps, documented through a "Notice of Intent."

Tribal Notification

Submitting the Notice of Intent requires notifying California Native American tribes linked to the area. The city has 30 days to send these notices, and tribes have 30 days to respond. If a tribe believes the project may impact cultural resources, the developer should work with them to find a solution. If no agreement is reached, the city will declare the project ineligible for SB-423, requiring the developer to seek other approval methods.

Public Meeting Requirements for Certain Areas

Projects located in moderate- or low-resource areas, or areas with high segregation and poverty, require a public meeting within 45 days of the Notice of Intent. This meeting lets the public and local officials share feedback. In cities with more than 250,000 residents, the meeting occurs during a regular Planning Commission session. Developers should confirm their attendance and review the feedback before submitting their SB-423 application. If the city doesn’t host the meeting, the developer should arrange it.