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How to get your permits fast or the benefits of using SB-423 in Bell Gardens
Bell Gardens is experiencing a housing crisis, and many property owners are finding it difficult to improve or build new homes. The challenges stem from a slow approval process and expensive development costs. The current permitting system, which relies on subjective decision-making, has caused significant delays and even stopped some projects altogether. To address this, SB-423 was created. It provides a quicker approval option called the ministerial process, making it easier for property owners to add new housing. This streamlined approach not only accelerates the construction of regular homes but also increases the supply of affordable housing, helping to alleviate the state's housing shortage.
What is SB-423 and how it helps Housing Development
SB-423 is a California law created to simplify and speed up approvals for building projects with 2 or more residential units. It allows eligible projects—those meeting specific criteria like including affordable housing for low- and moderate-income households—to use a streamlined approval process. The law also imposes deadlines for permits to reduce delays. SB-423 builds on SB-35, a similar law set to expire on January 1, 2036, which may not provide enough time for longer-term construction projects.
How is SB-423 different from SB-35?
While SB-35 focused mainly on low-income housing, SB-423 expanded its scope to encourage mixed-income developments. This approach addresses broader housing needs across California and allows for greater flexibility in project planning.
How does SB-423 help projects get permits fast?
Under SB-423, qualifying projects can follow a streamlined approval process known as ministerial approval. This system relies on clear and straightforward rules, ensuring local agencies make decisions without subjective judgment. Projects using this method avoid lengthy environmental reviews, unlike discretionary permits, which consider factors like community impact or environmental issues and often require additional approvals.
What can you build under SB-423 in Bell Gardens?
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?
SB-423 supports mixed-use projects where at least two-thirds of the building is dedicated to residential spaces.
Do the affordable unit rules apply?
For small projects with 2 to 9 units, there’s no requirement to include affordable housing—developers can make all the units market-rate.
For larger projects with 10 or more units, local affordable housing rules apply. At least 10% of the units should be set aside as affordable. For rentals, these affordable units are reserved for households earning 50% or less of the area median income (AMI). If the units are sold, they should go to buyers earning 80% or less of the AMI.
What are the rights of the protected tenants?
The law ensures tenants’ rights by restricting the demolition of certain types of housing. This includes units rented out in the past decade, properties with rent control, and homes designated as affordable. It also applies to locations where rental housing was torn down within the last 10 years before seeking SB-423 approval.
What are the labor protections under SB-423?
Projects with 10 or more units should follow labor standards to ensure fair pay for workers, including subcontractors. Projects with 50 or more units should also provide healthcare benefits and participate in apprenticeship programs. For buildings over 85 feet tall that aren’t fully affordable, developers need to hire skilled labor if at least three qualified bids are received.
Smaller projects with fewer than 10 units are not required to follow these labor rules.
Find out how many units your property can have to qualify for SB-423.
Which areas in Bell Gardens are eligible to get permits fast for a construction project?
Zoning districts eligible for SB-423 projects
SB-423 allows developments in zones designated for housing or mixed-use development. These areas should be close to existing developed spaces, with at least 75% of their borders abutting properties like homes, businesses, or parks.
What are the rules about historical buildings?
Historic 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 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?
Construction in coastal zones is off-limits until January 1, 2025. After that, projects are still restricted in areas outside certified coastal programs, on land at risk of rising sea levels, in zones not designated for multi-family housing, within 100 feet of wetlands, or on prime agricultural land.
How fast can you get the permits under SB-423 in Bell Gardens?
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
Approval for SB-423 projects remains secure if the development is backed by public funding specifically for affordable housing (excluding tax credit-only funding) and at least 50% of the units are designated as affordable housing.
Are the pre-submittal requirements necessary?
Yes, before applying under SB-423, the project sponsor or property owner should complete specific actions and document them by filing a "Notice of Intent."
Tribal Notification
Submitting the Notice of Intent triggers a process where the city notifies Native American tribes associated with the area. The city has 30 days to inform the tribes, who then have another 30 days to respond. If a tribe identifies potential impacts on cultural resources, the developer should collaborate with them to address concerns. If no resolution is reached, the city will declare the project ineligible for SB-423, requiring the developer to use an alternate approval method.
Public Meeting Requirements for Certain Areas
For projects in areas with moderate or low-resource or greater poverty and segregation levels, a public meeting should take place within 45 days of submitting the Notice of Intent. This provides an opportunity for community and local government input. In cities with over 250,000 residents, the meeting is usually part of a regular Planning Commission session. Developers should confirm they attended the meeting and considered the feedback before submitting their SB-423 application. If the city fails to host the meeting, the developer is responsible for arranging one.
Check SB-423 eligibility for your property.
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