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How to get your permits fast or the benefits of using SB-423 in Bellflower
Bellflower is facing a shortage of housing, and property owners are struggling to renovate or construct new homes. This is mainly due to long approval timelines and high building expenses. The existing system, which allows for subjective decision-making, has led to frequent delays and even project cancellations. SB-423 was introduced to tackle these issues by offering a faster, more straightforward approval method called the ministerial process. This system simplifies the steps needed to build housing, making it easier to develop both regular and affordable homes, which helps address the state's housing challenges.
What is SB-423 and how it helps Housing Development
SB-423 is a California law designed to make it easier and faster to approve projects with two or more housing units. Projects that meet certain conditions, such as including affordable housing for low- and middle-income families, can go through a simplified approval process. The law also sets deadlines for permit decisions to prevent unnecessary delays. SB-423 builds on an earlier law, SB-35, which will end on January 1, 2036—a timeline that may not accommodate larger, long-term projects.
How is SB-423 different from SB-35?
SB-423 broadens the focus of SB-35 by supporting mixed-income developments instead of concentrating mainly on low-income housing. This change helps address a wider range of housing needs across the state and gives developers more options for project planning.
How does SB-423 help projects get permits fast?
The law introduces a clear, rules-based process called ministerial approval, where local authorities should approve projects based on objective criteria. This avoids delays caused by subjective decisions and eliminates the need for time-consuming environmental reviews. In contrast, discretionary permits consider factors like community concerns and environmental impacts under CEQA, often leading to additional approvals and longer wait times.
What can you build under SB-423 in Bellflower?
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?
To meet the criteria of SB-423, at least two-thirds of a mixed-use project should be used for housing purposes.
Do the affordable unit rules apply?
For projects with 2 to 9 units, there’s no obligation to include affordable housing, allowing developers to focus solely on market-rate units.
However, for projects with 10 or more units, local rules for affordable housing should be followed. At least 10% of the units should be designated as affordable. For rental properties, these units are reserved for households earning 50% or less of the area median income (AMI). For homes that are sold, affordability extends to buyers with incomes at or below 80% of the AMI.
What are the rights of the protected tenants?
SB-423 protects tenants by limiting the demolition of certain properties. It applies to homes rented in the last 10 years, rent-controlled units, and properties designated for affordable housing. The law also covers properties where rental housing was demolished within the past decade before applying for approval under SB-423.
What are the labor protections under SB-423?
For projects with 10 or more units, developers should ensure workers receive fair wages, including subcontractors. Projects with 50 or more units also require healthcare benefits and the inclusion of apprenticeship programs. For buildings over 85 feet tall that are not entirely affordable, developers should hire skilled workers if at least three qualified bids are received.
Projects with 2-9 units are not subject to these labor requirements.
Find out how many units your property can have to qualify for SB-423.
Which areas in Bellflower are eligible to get permits fast for a construction project?
Zoning districts eligible for SB-423 projects
SB-423 permits development in areas zoned for residential or mixed-use purposes. These zones should be near already developed land, with at least 75% of their borders adjoining properties like homes, businesses, or public spaces.
What are the rules about historical buildings?
Regarding historical buildings, SB-423 prevents the demolition of buildings 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?
As for coastal zones, no construction is allowed until January 1, 2025. After that, projects will be restricted in areas outside of approved coastal programs, on land at risk of rising sea levels, in zones that don't allow multi-family housing, within 100 feet of wetlands, or on prime agricultural land.
How fast can you get the permits under SB-423 in Bellflower?
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 government funding aimed directly at supporting affordable housing (not just tax credit programs) and ensures that at least half of the units are set aside as affordable.
Are the pre-submittal requirements necessary?
Before submitting a project under SB-423, the property owner or project sponsor must take certain steps and file a "Notice of Intent" to document these actions.
Tribal Notification
Filing the Notice of Intent starts a process where the city must notify Native American tribes connected to the project area. The city has 30 days to notify the tribes, and they have another 30 days to respond. If a tribe believes the project could affect their cultural resources, the developer should work with the tribe to address any issues. If they can't agree, the city will declare the project ineligible for SB-423, and the developer will need to find a different approval path.
Public Meeting Requirements for Certain Areas
For projects in neighborhoods with moderate or low resources or higher levels of segregation and poverty, a public meeting should be held within 45 days of submitting the Notice of Intent. This gives the community and local government a chance to share their feedback. In larger cities with more than 250,000 people, the meeting usually happens during a regular Planning Commission meeting. Developers must confirm they attended and considered the feedback before submitting their application. If the city doesn't hold the meeting, the developer is responsible for organizing it themselves.
Check SB-423 eligibility for your property.
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