Mayor Bass announced Monday night a sweeping executive order intended to allow property owners who lost their homes and businesses in this month’s fires to quickly rebuild “like for like.”
The executive order is intended to help property owners who want to rebuild the structure(s) on their parcels within 110 percent of their previously existing, permitted structure(s). Anyone wanting to build more residential units or wanting to change the use of their property, will need to get approval through the normal permitting process.
The Executive Order can be found here: Executive Order
Here are the key orders for property owners in the post-fire rebuild areas:
* Permit Center: The city will establish a single location, to be staffed 7 days a week initially, for permits to be accepted and processed. Mayor Bass instructed the departments of Building & Safety, Planning, Rec & Parks, Transportation, DWP, Fire, Housing and several bureaus of Public Works to staff the location. Representatives from FEMA, the SBA and other county, state and federal agencies will also be present. The location for this permit center has not yet been identified.
* Expedited Reviews: There are several specific instructions within her executive order to expedite the normal permitting process. They include:
- Departments must conclude all initial reviews within 30 days of submission.
- Reviews and approvals by the different departments shall be conducted simultaneously, not sequentially, “to the extent practical.”
- LADBS inspections must be conducted within 2 business days of a submitted request.
- All clearances and utility releases related to building permit applications, certificates of occupancy or temporary certificates of occupancy must be completed within 5 business days.
* Waiver of several regular requirements: Eligible projects will be exempt from several sections of the city’s codes that would otherwise slow a project review down, including:
- All-Electric Requirement: Eligible projects will not be required to rebuild as all-electric structures/facilities, as would otherwise be required by city law. Applicants can voluntarily abide by the all-electric requirement, if desired.
- Demolition Permit: Demolition permits will not be needed, provided LADBS has received a timely notification prior to demolition. However, the removal of a deep or step foundation or retaining wall shall still require review/approval by LADBS to ensure that removal and subsequent grading does not cause any safety risks.
* Waiver of key discretionary reviews: Eligible projects will be exempt from several key discretionary reviews, including:
- Coastal Development Permits, as noted over the weekend by Gov. Newsom’s executive order that streamlined some state requirements.
- The Pacific Palisades Village Specific Plan and any other specific plans that are applicable to the subject site
- Haul Route hearings. Instead, haul routes will be approved administratively.
* Structures on site during rebuild: Property owners can park one recreation vehicle or similar temporary residence on site during the permitting and construction period. They can also locate a storage shed on site for up to three years.
* Timeline for rebuild: The executive order allows up to 7 years to obtain permits and 3 years to complete construction once permits are issued.
* Debris Cleanup: The Department of Public Works has been instructed to create a region-wide debris cleanup plan that will meet local and federal regulations for the collection and disposal of debris removal, much of which is hazardous and contaminated. The plan must also mitigate any potential watershed hazards.
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As noted previously, this executive order only helps those property owners who want to replace their destroyed structure(s) with a similar structure(s). Specifically:
- The structure/facility cannot exceed 110% of the floor area, height and bulk of the structure/facility that existed.
- The structure/facility must be in “substantially” the same location as the structure/facility that existed.
- The proposed new structure/facility cannot result in a change of use from residential to commercial, less intensive use to a more intensive use, and/or an increase in the density of units (including ADUs).
- Property owners will be allowed to propose the repair or replacement of non-conforming uses, and/or setbacks, floor areas, residential density, etc., provided that the project doesn’t exceed 110% of the square footage, height and/or bulk of the structure/facility that existed previously.
The executive order also instructs many city departments to review and report within a few weeks on several other possible ways to shorten the permitting and construction timeline. A task force is being created to further streamline the reconstruction process, led by the Mayor’s Office of Business and Economic Development and including all development services departments and representatives from City Council offices that are fully or partially within any of the burn areas.
Also, Mayor Bass ordered LADBS to issue temporary Certificates of Occupancy for 1,400 dwelling units that are currently in the department’s queue to provide additional housing around the city. The specific units/location were not identified in her order.
Pacific Crest Consultants has launched a web page to post and share information to our clients, architects, and anyone who needs it. You can find it here: Post-Fire Rebuilding
Please reach out if you have any questions. We are here to help.
