Introduction
Rebuilding homes and structures after the wildfires here in Los Angeles involves navigating a complex set of provisions aimed at expediting the process while ensuring safety and compliance. Here we're summarizing the key provisions outlined in the City of Los Angeles’ executive order, discussing their pros and cons, and highlighting potential challenges in their implementation. Notably, this order provides only general guidelines, leaving much to be clarified within 60 days by affected cities and agencies (see official California state requirements).
Key Provisions for Rebuilding
1. Disaster Recovery Permitting Center
Summary: A special permitting center will be established in impacted burn areas, staffed by representatives from all relevant city departments and coordinated with federal agencies like FEMA and the SBA.
Pros:
- Centralized services streamline permitting.
- Coordination with state and federal agencies ensures a unified recovery approach.
- Availability seven days a week increases accessibility for affected residents.
Cons:
- Various City of LA agencies are already understaffed, resulting in long and uncoordinated permitting timelines.
- Establishing and staffing such centers will likely take a long time, will strain city resources, and may pull staff from other needed departments.
- Potential delays if inter-agency coordination is insufficient.
Challenges:
- Ensuring all departments are adequately represented and responsive.
- Managing high demand in the initial recovery stages.
2. Department Strike Force
Summary: A unified task force will address administrative roadblocks and streamline rebuilding processes in coordination with the Mayor’s Office.
Pros:
- Focused approach to problem-solving.
- Direct involvement of city council offices ensures localized attention.
Cons:
- Vague directives may hinder immediate action.
- The effectiveness depends on the task force’s operational clarity.
3. Expedited Permit Review
Summary: All initial building permit reviews for eligible projects must be completed within 30 days of application submission. Inspections must occur within two business days, and utility clearances must be processed within five business days.
Pros:
- Accelerates the rebuilding timeline for affected homeowners.
- Simultaneous review processes reduce overall delays.
Cons:
- Achieving these timelines requires significant resource allocation. Again, all agencies involved, LADBS, DWP, Planning, etc. have been notoriously slow to repsond over the past several years. We're concerned that these promises will be hard to keep.
- Risk of errors or oversight due to expedited processes.
Challenges:
- Ensuring sufficient staffing for inspections and reviews.
- Balancing speed with thoroughness.
4. Eligible Projects Definition
Summary: Projects must meet criteria, such as being in the same location, adhering to size limits (up to 110% of what was existing before the fires), and maintaining the same use. Rebuilding must start within seven years and complete within three years of obtaining permits.
Pros:
- Allowing time to coordinate the design work, engineering, permitting, and construction. Given how busy our industry is going to be, given the rebuilding required, architects and contractors, or Design-Build firms , like Letter Four will need time to increase staffing to address the community's loss.
- Limits on size and use prevent overdevelopment.
Cons:
- Restrictive criteria may limit homeowners’ flexibility. For example:some text
- If you had a single story home that was 2,000 square feet, and 18 feet tall, you can now build a 2,200 square foot home that's just under 20 feet tall. This height isn't sufficient for a 2-story home.
- If in this scenario you'd prefer 2 stories, you will not be allowed to apply for the Expedited Permit Review process we noted above.
- The exact definitions, terms, and exemptions have yet to be defined.
- Tight timelines could be challenging for larger projects.
5. Non-Conforming Buildings and Uses
Summary: Non-conforming structures can be rebuilt under certain conditions, provided they do not exceed 110% of their original size and meet current zoning standards.
Pros:
- Allows rebuilding of older structures without extensive redesign.
- Offers some leeway for modernization.
Cons:
- The 110% limit may not accommodate all rebuilding needs.
- See our notes above.
6. Waiver of Discretionary Processes
Summary: Eligible projects are exempt from discretionary reviews, including Specific Plan guidelines and Design Review Boards.
Pros:
- Simplifies and speeds up approval processes.
- Reduces bureaucratic hurdles for homeowners.
Cons:
- Eliminating reviews may overlook community-specific considerations.
- Could lead to conflicts with local design standards and Specific Plans and Design Review Boards were put in place for important reasons, like preserving views.
7. Haul Route and Public Works Exemptions
Summary: Haul route approvals for eligible projects are ministerial and exempt from discretionary processes.
Pros:
- Simplifies debris removal logistics.
- Accelerates site preparation.
Cons:
- Overconcentration of haul routes may cause safety and nuisance issues.
- Lack of public input could lead to community concerns.
8. Allowance for Temporary Housing
Summary: Recreational vehicles, tiny homes, modular structures, and mobile homes are permitted on affected properties during rebuilding for up to three years.
Pros:
- Provides immediate housing options for displaced residents.
- Flexible housing solutions mitigate long-term displacement.
- If you were already interested in creating an ADU on your property, you may be able to install one now and reduce living expenses through construction. Prefabs can be a great option for this.
Cons:
- Living with your family in an RV while in construction is disruptive and a constant reminder of the trauma of losing your family home.
- Temporary structures may not meet long-term needs.
- Could face opposition from neighbors.
9. Expedited Temporary Certificates of Occupancy (TCO)
Summary: A task force will expedite TCOs for multi-family residential projects near completion.
Pros:
- Quickly increases available housing units.
- Reduces strain on the housing market.
Cons:
- Coordination among departments may pose challenges.
- Risk of overlooking final inspections in the rush to issue TCOs.
10. Self-Certification
Summary: Licensed architects may be allowed to self-certify certain permits for single-family residential structures.
Pros:
- Reduces reliance on city staff. This is something that has been in other cities, such as New York City, for quite some time.
- Speeds up the permitting process.
Cons:
- Increases liability for architects.
- Requires clear guidelines to avoid misuse and insure that building codes are met.
11. Implementation Guidance
Summary: City departments must issue guidelines to implement the order within 30 days.
Pros:
- Ensures clarity and consistency in applying the provisions.
Cons:
- Guidelines may take longer than expected to develop, delaying progress.
12. State and Federal Assistance
Summary: City departments must identify additional state and federal relief and funding needed for recovery within seven days.
Pros:
- Aligns local recovery efforts with broader state and federal resources.
Cons:
- Short timeline may lead to incomplete assessments.
General Observations and Recommendations
Vague Directives
Many provisions lack specificity, leaving affected cities and agencies with substantial discretion. This could delay implementation as local governments determine how to proceed.
Resource Constraints
Staffing and resource allocation will be critical to meet the ambitious timelines. Without adequate funding, departments may struggle to deliver on these directives. On top of that, Architects, Contractors, and true Design-Build firms, like Letter Four, are already seeing a huge increase in project inquiries. Staffing for architects at all levels, as well as laborers and licensed contractors will become challenging.
Community Engagement
Exemptions from discretionary reviews and public processes may lead to tensions with local communities, especially in areas with strong design and planning standards.
Potential for Scams
Rebuilding after wildfires often attracts unlicensed architects and contractors attempting to exploit vulnerable homeowners. To ensure your project is handled professionally and complies with all regulations, verify the credentials of any professional you hire. Check the California Architects Board (link) to confirm an architect’s license and the California Contractors State License Board (link) for contractor verification.
Conclusion
The executive order provides a promising framework to expedite wildfire recovery, but its success depends on effective implementation, adequate resources, and balancing speed with thoughtful decision-making. Homeowners should stay informed about updates and work closely with city officials to navigate the rebuilding process. For detailed guidance, visit the City of Los Angeles’ Wildfire Recovery page and consult with licensed professionals.
At Letter Four, we’re here for you, whether that’s for general information, code interpretations, bids for insurance claims, or our turnkey Design-Build services. Please don’t hesitate to reach out. And if you have decided that you’re ready to book a call to discuss re-building, we have a new form with additional information to get you started. Stay safe, Angelino’s!