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How to get your permits fast or the benefits of using SB-423 in Claremont
Claremont is experiencing a housing shortage, with property owners struggling to improve or build new homes. The main cause of this issue is the slow approval process and high development costs. Specifically, the permitting process, which often involves subjective decisions, has caused delays or halted projects. SB-423 was introduced to address this problem. It provides property owners with a quicker approval process, called the ministerial process, for building new homes. This law helps speed up the construction of market-rate homes, making more affordable housing available and helping to ease the state's housing shortage.
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 with two or more residential units. It speeds up the approval process for certain projects, such as those that provide affordable housing for low- and middle-income people, by using a simpler approval method. The law also sets clear deadlines for permits, helping to reduce delays and providing a quicker alternative to the usual slow housing development process. SB-423 builds on an earlier law, SB-35, which will end on January 1, 2036, limiting the time for long-term projects.
How is SB-423 different from SB-35?
SB-423 is different from SB-35 because it supports projects that offer mixed-income housing options, not just affordable housing for low-income people. This helps address a broader range of housing needs in California, where many projects have focused only on affordable housing for lower-income residents.
How does SB-423 help projects get permits fast?
SB-423 uses a straightforward approval method called ministerial approval, where decisions are made based on clear and fixed rules. This means government agencies approve or reject projects based on set guidelines, not personal opinions. Projects using this process don’t need an environmental review under the California Environmental Quality Act (CEQA). In contrast, projects that require discretionary permits need more detailed assessments, considering things like community impact and environmental concerns, which can take longer.
What can you build under SB-423 in Claremont?
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 building's space should be used for housing development.
Do the affordable unit rules apply?
For projects with 2 to 9 units, there is no requirement for affordable units, so all units can be rented or sold at market rates.
For projects with 10 or more units, at least 10% of the units should be affordable. Rental units should be priced for households earning 50% or less of the area median income (AMI), while ownership units should be affordable for households earning 80% or less of the AMI.
What are the rights of the protected tenants?
SB-423 protects certain tenants by preventing the demolition of rental units, including those rented in the last 10 years, rent-controlled units, and other affordable housing. This 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 guarantees 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 provide healthcare benefits and participate in apprenticeship programs. Additionally, if a building is over 85 feet tall and not fully affordable, developers should hire skilled workers if they get 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 Claremont 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 meant for residential or mixed-use development. These areas must be close to existing cities or towns, with at least 75% of the property’s border next to developed land like homes, businesses, or public spaces.
What are the rules about historical buildings?
SB-423 prevents the demolition of historic buildings that are 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?
Building in coastal areas is not allowed until January 1, 2025. After that, projects cannot be built on sites that are not part of an approved local coastal plan, in areas vulnerable to rising sea levels, not zoned for multi-family housing, within 100 feet of a wetland, or on important agricultural land.
How fast can you get the permits under SB-423 in Claremont?
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 active as long as the project has government backing for affordable housing, not just tax credits, and at least half of the units are set aside for affordable housing.
Are the pre-submittal requirements necessary?
Yes, before applying for SB-423 approval, the project owner or developer must complete specific steps, such as submitting a "Notice of Intent."
Tribal Notification
After the Notice of Intent is submitted, the city has 30 days to inform any Native American tribes connected to the project area. The tribes then have 30 days to respond. If a tribe feels the project could impact their cultural resources, the developer must work with them to address these concerns. If no agreement is reached, the city will reject the project under SB-423, and the developer will need to look for other approval options.
Public Meeting Requirements for Certain Areas
For projects in areas with moderate or low resources, high segregation, or poverty, a public meeting must be held within 45 days of submitting the Notice of Intent. This allows the public and local officials to share feedback. In larger cities (over 250,000 people), the meeting will likely take place during a regular Planning Commission session. The developer should confirm attendance and review the feedback before moving forward with the SB-423 application. If the local government doesn’t organize the meeting, the developers should do it themselves.
Check SB-423 eligibility for your property.
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