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How to get your permits fast or the benefits of using SB-423 in Azusa
Azusa is facing a housing shortage, with property owners having difficulty upgrading their properties or building new homes. This is mainly due to the slow permitting process and high development costs. The discretionary permitting process, where decisions are based on personal judgment, has especially caused delays or halted projects. SB-423 was introduced to tackle this housing problem. It allows property owners to go through a faster permitting process, called the ministerial process if they want to build new units. This law helps speed up the development of market-rate homes, which in turn increases the availability of affordable housing and helps address the state's housing shortage.
What is SB-423 and how it helps Housing Development
SB-423 is a California state law designed to speed up the approval process for projects that involve building two or more residential units. It allows projects that meet clear, specific criteria—like including affordable housing for low- and moderate-income residents—to go through a faster, more straightforward approval process. The law also sets deadlines for permits, which helps avoid the usual delays in housing development. SB-423 builds on an earlier law, SB-35, which will expire on January 1, 2036—this is a short time frame considering how long construction projects can take.
How is SB-423 different from SB-35?
SB-423 differs from SB-35 by focusing on encouraging mixed-income developments. This helps address California's broader housing needs, whereas SB-35 primarily focuses on low-income housing, which limits some projects.
How does SB-423 help projects get permits fast?
SB-423 allows projects to go through a quicker, more predictable approval process. Decisions to approve or deny a project are based on clear, objective rules, meaning local agencies should follow these guidelines without using personal judgment. Projects that are approved through this process don’t have to undergo lengthy environmental reviews. In contrast, discretionary review permits let local agencies make decisions based on subjective factors like community impact or environmental concerns, and often require additional permits.
What can you build under SB-423 in Azusa?
How many units do you need to build so that the project may qualify for SB-423?
The minimum number of units required for SB-423 projects is 2 (two).
Which mixed-use projects qualify under SB-423?
For a project to qualify under SB-423, at least two-thirds of the building should be used for residential purposes.
Do the affordable unit rules apply?
If you're planning to build 2-9 units, you don't have to include any affordable units; they can all be market-rate.
However, for projects with 10 or more units, the local rules on affordability apply. This means at least 10% of the units should be affordable. For rental units, the affordable ones should be for households earning 50% or less of the area's median income. For ownership units, the affordable ones should be for people earning 80% or less of the median income.
What are the rights of the protected tenants?
SB-423 protects tenants' rights by preventing the demolition of certain types of housing. This includes units that have been rented in the last 10 years, rent-controlled units, or other types of housing meant to remain affordable. It also applies to properties where rental housing was demolished in the past 10 years before seeking SB-423 approval.
What are the labor protections under SB-423?
SB-423 has specific labor rules for projects with 10 or more units. These rules ensure all construction workers, including those hired by subcontractors, are paid standard wages. For projects with 50 or more units, developers should also participate in an apprenticeship program and offer health care benefits. If the project is taller than 85 feet and not fully affordable, they should hire skilled workers if they get at least three qualified bids.
Projects with 2-9 units don’t have to follow these labor rules.
Find out how many units your property can have to qualify for SB-423.
Which areas in Azusa are eligible to get permits fast for a construction project?
Zoning districts eligible for SB-423 projects
SB-423 projects can be built in areas that are designated for residential or mixed-use development. These areas should be near existing urban spaces, with at least 75% of the land's boundary next to developed areas like homes, businesses, or public spaces.
What are the rules about historical buildings?
SB-423 does not allow the demolition of historic buildings that are listed on national, state, or local historic registers.
Does SB-423 allow projects built in high-risk locations?
SB-423 projects cannot be built on earthquake fault zones, high fire hazard areas, flood plains, or floodways. These projects would have to follow the local restrictions.
Are there environmental restrictions?
Projects cannot be placed on prime farmland, wetlands, hazardous waste sites, protected wildlife habitats, or conservation easements.
Are SB-423 projects allowed in coastal zones?
Building in coastal zones is not allowed until January 1, 2025. After that date, projects cannot be built in areas that are not part of a certified local coastal program, on land that is at risk of rising sea levels by five feet, in places not zoned for multi-family housing, within 100 feet of a wetland, or on prime agricultural land.
How fast can you get the permits under SB-423 in Azusa?
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 stay valid as long as the development includes public funding for affordable housing, not just tax credits, and at least 50% of the units are affordable.
Are the pre-submittal requirements necessary?
Yes, before submitting an SB-423 application, the project owner or sponsor should complete certain steps, which are documented through a "Notice of Intent."
Tribal Notification
The Notice of Intent starts the process of notifying any California Native American tribes connected to the project area. The city has 30 days to inform the tribes, and the tribes have another 30 days to respond. If a tribe feels the project could impact their cultural resources, the project developer needs to work with the tribe to find a solution. If no agreement is reached, the city will declare the project ineligible for SB-423, and the developer will have to seek a different approval process.
Public Meeting Requirements for Certain Areas
If the project is in a moderate or low-resource area or high poverty and segregation, a public meeting should be held within 45 days of submitting the Notice of Intent. This meeting allows the public and local government to give their feedback. In large cities (over 250,000 people), this meeting will take place during a regular Planning Commission meeting. The developer should confirm they attended the meeting and reviewed the feedback before submitting the SB-423 application. If the local government does not hold the meeting, the developer should organize it themselves.
Check SB-423 eligibility for your property.
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