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How to get your permits fast or the benefits of using SB-423 in Bradbury
Bradbury is facing a shortage of housing, and property owners are struggling to build or upgrade homes. The main challenges are slow approval times and high building costs. The existing system, which relies on subjective decisions, often leads to delays and even halts projects. To address these issues, SB-423 was created. It offers a quicker and simpler approval method called the ministerial process. This approach makes it easier to develop both regular and affordable housing, helping to tackle the state's housing shortage.
What is SB-423 and how it helps Housing Development
SB-423 is a California law designed to speed up the approval process for housing projects with two or more units. It makes it easier for projects that meet certain requirements, like offering affordable housing for low- and middle-income families, to get approval quickly. The law also sets deadlines for permit approvals to avoid unnecessary delays. SB-423 builds on an earlier law, SB-35, which will end on January 1, 2036. This is a short time frame considering the length of a construction project.
How is SB-423 different from SB-35?
SB-423 broadens the focus of SB-35 by supporting projects with a mix of income levels, rather than just low-income housing. This provides more diverse housing options and gives developers more flexibility.
How does SB-423 help projects get permits fast?
SB-423 speeds up the permit process by using ministerial approval. This means the decision to approve or deny a project is based only on clear and specific rules, leaving no room for personal opinions or judgments. Projects that go through this process don't need to go through lengthy environmental reviews under CEQA. On the other hand, projects reviewed through discretionary permits allow local agencies to consider things like how the project might affect the community or the environment, which can lead to longer approval times and additional permits.
What can you build under SB-423 in Bradbury?
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 SB-423 requirements, at least two-thirds of the space in a mixed-use project should be used for housing development.
Do the affordable unit rules apply?
For smaller projects with 2 to 9 units, there’s no requirement to include affordable housing, so developers can focus on building market-rate units.
For larger projects with 10 or more units, developers should follow local affordable housing regulations. At least 10% of the units must be affordable. For rental units, they should be available to households earning no more than half of the area median income (AMI). For homes sold to buyers, the affordability limit is 80% of AMI.
What are the rights of the protected tenants?
SB-423 provides tenant protection by stopping the demolition of certain rental properties, such as those rented within the past 10 years, rent-controlled homes, and properties for affordable housing. It also covers properties where rental homes were demolished in the last 10 years before the developer applies for approval under SB-423.
What are the labor protections under SB-423?
For projects with 10 or more units, developers should ensure standard wages for workers, including subcontractors. If the project has 50 or more units, workers should also receive healthcare benefits and be part of apprenticeship programs. For buildings over 85 feet tall that aren’t entirely affordable, developers should hire skilled workers if they receive at least three qualified bids.
Projects with fewer than 10 units are not subject to these labor protections.
Find out how many units your property can have to qualify for SB-423.
Which areas in Bradbury are eligible to get permits fast for a construction project?
Zoning districts eligible for SB-423 projects
SB-423 permits development in areas designated for residential or mixed-use purposes. These locations should be near existing communities, with at least 75% of their borders adjacent to homes, businesses, or public spaces.
What are the rules about historical buildings?
SB-423 helps protect historical buildings by stopping the demolition of properties listed in 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?
Construction in coastal areas is not allowed until January 1, 2025. After that, restrictions will apply to buildings in areas outside certified coastal programs, places at risk of flooding from rising sea levels, regions that don't permit multi-family housing, within 100 feet of wetlands, or on valuable farmland.
How fast can you get the permits under SB-423 in Bradbury?
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 if the development is funded by the government for affordable housing purposes excluding tax credit, and at least half of the units are set aside as affordable.
Are the pre-submittal requirements necessary?
Yes. Before submitting a project under SB-423, the developer or property owner needs to follow certain steps and file a "Notice of Intent" to document these actions.
Tribal Notification
After submitting the Notice of Intent, the city has 30 days to notify Native American tribes connected to the area. The tribes then have 30 days to respond. If a tribe believes the project might affect their cultural resources, the developer should work with them to address concerns. If no agreement is reached, the city will remove the project from SB-423, and the developer will need to find another approval route.
Public Meeting Requirements for Certain Areas
For projects in neighborhoods with fewer resources or higher poverty and segregation, a public meeting should be held within 45 days of filing the Notice of Intent. This gives residents and the government a chance to provide feedback. In larger cities with over 250,000 people, this meeting typically happens during a regular Planning Commission meeting. Developers should show 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.
Check SB-423 eligibility for your property.
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