Unsplash
How to get your permits fast or the benefits of using SB-423 in Burbank
Burbank faces a housing crisis, with property owners struggling to improve their properties or build new homes. This crisis was caused mainly by the lengthy permitting process and the high development costs. In particular, the discretionary permitting process, where decisions are made based on subjective judgments, ended up delaying or even stopping projects. SB-423 was created to tackle the housing shortage. It gives property owners the option to use a faster approval process, known as the ministerial process when building new homes. This law helps speed up the construction of market-rate housing, making more affordable homes available and helping to ease the state’s housing crisis.
What is SB-423 and how it helps Housing Development
SB-423 is a California law designed to simplify the approval process for developments with two or more residential units. It helps speed up housing projects by allowing developments that meet specific criteria, such as providing affordable housing for lower- and middle-income people, to go through a ministerial approval process. The law sets clear deadlines for permits to avoid delays, offering a faster alternative to the typical long timelines in housing development. SB-423 builds on the earlier SB-35, which will end on January 1, 2036, leaving limited time for long-term projects.
How is SB-423 different from SB-35?
Unlike SB-35, which focuses mostly on low-income housing, SB-423 encourages projects that offer a mix of income levels. This helps address a wider range of housing needs in California, where many projects were previously limited by a focus on low-income units alone.
How does SB-423 help projects get permits fast?
SB-423 uses a straightforward process called the ministerial approval permit process, where the decision is based on clear, objective rules. This means government agencies should approve or reject projects based on fixed standards, not personal judgment. Projects approved this way do not need an environmental review under the California Environmental Quality Act (CEQA). On the other hand, discretionary permits involve more detailed evaluations, where local agencies consider factors like community impact and environmental concerns, which can take longer.
What can you build under SB-423 in Burbank?
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 space in the building should be used for housing.
Do the affordable unit rules apply?
If you're planning to build 2-9 units, they can all be market-rate, with no requirement to include affordable units.
For projects with 10 or more units, at least 10% of the units should be affordable. If the units are rentals, they should be affordable for households earning 50% or less of the area median income (AMI). For ownership units, they should be affordable to those earning 80% or less of the AMI.
What are the rights of the protected tenants?
SB-423 helps protect tenants by preventing the demolition of certain housing types, including units that have been rented in the last 10 years, rent-controlled units, and other affordable housing. It also applies to properties where rental units were demolished within the past 10 years before applying for SB-423 approval.
What are the labor protections under SB-423?
SB-423 requires certain labor protections for projects with 10 or more units. These rules ensure that construction workers, including those hired by subcontractors, are paid standard wages. For projects with 50 or more units, developers should offer healthcare benefits and participate in apprenticeship programs. Additionally, for buildings over 85 feet tall that aren't fully affordable, developers should hire skilled workers if they receive at least three competitive bids.
Projects with 2-9 units do not need to follow these labor rules.
Find out how many units your property can have to qualify for SB-423.
Which areas in Burbank are eligible to get permits fast for a construction project?
Zoning districts eligible for SB-423 projects
SB-423 projects can be developed in areas designated for residential or mixed-use purposes. These areas need to be near already developed places, with at least 75% of the property’s boundaries connected to existing buildings, businesses, or public spaces.
What are the rules about historical buildings?
Under SB-423, buildings that are recognized as historic on national, state, or local registers cannot be demolished.
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, projects can’t be built on land not part of a certified coastal plan, areas at risk of flooding from rising sea levels, areas not zoned for multi-family homes, land near wetlands, or prime agricultural land.
How fast can you get the permits under SB-423 in Burbank?
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 approvals stay in effect if the project includes government funding for affordable housing, not just tax credits, and at least half of the units are affordable.
Are the pre-submittal requirements necessary?
Yes, before applying for SB-423 approval, the project owner or sponsor should complete specific steps, which are recorded by submitting a "Notice of Intent."
Tribal Notification
Submitting the Notice of Intent starts notifying any Native American tribes connected to the project area. The city should inform the tribes within 30 days, and the tribes then have 30 days to reply. If a tribe believes the project may impact their cultural resources, the developer should work with them to address concerns. If an agreement isn’t reached, the city will rule the project ineligible for SB-423, and the developer should seek a different approval route.
Public Meeting Requirements for Certain Areas
For projects in areas with moderate or low-resource, high segregation, or poverty, a public meeting should be held within 45 days of the Notice of Intent being received. This gives the public and local officials a chance to share feedback. In larger cities (over 250,000 people), the meeting will usually happen at a regular Planning Commission session. The developer should confirm attendance and review any public comments before moving forward with the SB-423 application. If the local government doesn't organize the meeting, the developer should arrange it.
Check SB-423 eligibility for your property.
Related Articles
ADU Solutions for Aging in Place in Burbank
All You Need to Know About Building on Properties in Burbank Under SB-9
Everything You Need to Know About SB-684 Development in Burbank
How to Make My ADU a Profitable Investment in Burbank?