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How to get your permits fast or the benefits of using SB-423 in Carson
Carson is experiencing a housing shortage, with property owners struggling to improve their properties or build new homes. The main issue is the slow approval process and high costs, especially the discretionary process, which depends on subjective decisions and often causes delays or halts projects. SB-423 was created to help solve this problem. It allows property owners to use a faster approval process, known as the ministerial process when building new homes. This law helps speed up the construction of regular homes, making more affordable housing available and easing the state's overall housing crisis.
What is SB-423 and how it helps Housing Development
SB-423 is a California law designed to make it easier and faster to get approval for projects that include two or more residential units. It speeds up the process by allowing certain projects, like those offering affordable housing for low- and middle-income residents, to go through the ministerial approval process. The law also sets clear deadlines for permits, helping avoid delays and providing a faster alternative to the usual slow housing development process. SB-423 builds on a previous law, SB-35, which will expire on January 1, 2036, limiting the time for long-term projects.
How is SB-423 different from SB-35?
SB-423 differs from SB-35 by encouraging projects that cater to mixed-income levels, not just low-income housing. This helps address a broader range of housing needs in California, where many projects have been limited to focusing only on affordable housing for low-income people.
How does SB-423 help projects get permits fast?
SB-423 uses a straightforward process called ministerial approval, where decisions are made based on clear, fixed rules. This means government agencies approve or deny projects based on set guidelines rather than personal opinions. Projects that go through this process don't need an environmental review under the California Environmental Quality Act (CEQA). In contrast, discretionary permits involve more complex evaluations, looking at factors like community impact and environmental concerns, which can take longer to process.
What can you build under SB-423 in Carson?
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 qualify for SB-423, a building should dedicate at least two-thirds of its space for housing development.
Do the affordable unit rules apply?
For projects with 2 to 9 units, there are no requirements for affordable units, meaning they can all be market-rate.
For projects with 10 or more units, at least 10% of the units should be affordable. Rental units should be affordable to households earning 50% or less of the area median income (AMI), and ownership units should be affordable to those earning 80% or less of the AMI.
What are the rights of the protected tenants?
SB-423 protects tenants by preventing the demolition of certain rental units, including those rented in the past 10 years, rent-controlled units, and other affordable housing. This also applies to properties where rental units were demolished within the last 10 years before applying for SB-423 approval.
What are the labor protections under SB-423?
SB-423 provides labor protections for projects with 10 or more units, ensuring fair wages for all construction workers, including subcontractors. For projects with 50 or more units, developers should offer healthcare benefits and take part in apprenticeship programs. Additionally, if the building is over 85 feet tall and not fully affordable, developers should hire skilled workers if they receive at least three competitive bids.
Projects with 2 to 9 units are not required to follow these labor protections.
Find out how many units your property can have to qualify for SB-423.
Which areas in Carson 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 proposed for residential or mixed-use development. These areas should be close to already developed urban spaces, with at least 75% of the site’s boundary adjacent to land that has homes, businesses, or public spaces.
What are the rules about historical buildings?
Buildings listed as historic, whether on national, state, or local 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 areas is not allowed until January 1, 2025. After that date, projects cannot be built on sites not part of an official local coastal plan, in areas vulnerable to 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 Carson?
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 as long as the project gets government backing for affordable housing, not just tax credits, and at least half of the units are set aside as affordable.
Are the pre-submittal requirements necessary?
Yes, before applying for SB-423 approval, the project owner or developer should complete certain steps, which include submitting a "Notice of Intent."
Tribal Notification
Submitting the Notice of Intent starts notifying any Native American tribes that might be connected to the project area. The city has 30 days to notify the tribes, and then the tribes have 30 days to respond. If a tribe thinks the project could affect their cultural resources, the developer should work with them to address concerns. If no agreement is reached, the city will consider the project ineligible for SB-423, and the developer will need to find another way to get approval.
Public Meeting Requirements for Certain Areas
For projects in areas with moderate or low resources, high segregation, or poverty, a public meeting should be held within 45 days after the Notice of Intent is submitted. This gives the public and local officials a chance to provide feedback. In larger cities (over 250,000 people), the meeting will likely happen during a regular Planning Commission session. The developer should confirm their attendance and review the public comments before moving forward with the SB-423 application. If the local government doesn’t organize the meeting, the developers should take care of it themselves.
Check SB-423 eligibility for your property.
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