On January 13, 2025, Mayor Bass issued Emergency Executive Order No. 1, Return and Rebuild, suspending and modifying various review and permitting procedures in order to expedite the rebuilding and recovery effort following the recent devastating wildfires. We summarize the city’s order, below. This follows Executive Order N-6-25 on January 12, 2025 by Governor Newsom , which also suspends and modifies certain permitting procedures at the state level. We expect additional state and local executive orders (and implementation guidelines) to build upon this framework in the coming weeks. Whether or not the City of Los Angeles and other jurisdictions can successfully implement these and similar measures (and whether they will survive any?legal challenges), however, remains to be seen. At a high level, the City’s new order does the following:
- Modified Procedures for “Eligible Projects.” The city order waives and modifies certain permitting procedures for “Eligible Projects,” which the order generally defines as “a project to repair, restore, demolish, or replace a structure or facility substantially damaged or destroyed by the wildfires” that is in substantially the same position as the pre-existing structure, that does not exceed 110% of the floor area, height, and bulk of the pre-existing structure, and that does not change the type or intensity of previous use of the structure. This includes:Waiver of Discretionary Review ProcessesWaives local discretionary review and CEQA?for eligible projects.States that Coastal Development Permits (CDPs) shall not be required.Requires haul routes to be processed ministerially.Waiver of the All-Electric Buildings OrdinanceWaives the All-Electric Buildings Ordinance for Eligible Projects.Potential Self-CertificationRequires Building & Safety to prepare a report within 15 days?regarding potential?self-certification options for the reconstruction single-family homes. (In other words, TBD.)
- Generally Applicable Measures. The order also establishes a number of other measures that are more broadly applicable to properties damaged or destroyed by the fires. These include:Disaster Recovery Permitting CenterEstablishes a dedicated?permitting?center?staffed?seven days a week?in order to facilitate permitting and approvals for affected areas.Expedited Permitting TimelinesFor affected properties, directs City departments to:Conduct initial building permit?plan check?reviews within 30 days.Conduct all reviews simultaneously to the extent possible.Conduct inspections within two business days of request.Process utility releases, clearances, and certificates of occupancies within five business days.Debris Removal and Watershed ProtectionEstablishes a “Debris Removal Task Force” to develop a coordinated, streamlined program for debris removal, as well as a “Watershed Hazards Task Force” to conduct post-fire debris-flow hazard assessments in order to mitigate the risks of flash floods, mudslides, and debris flows.Waives Demolition Permit requirementsRemoves the requirement for a demolition permit for affected properties provided that the applicant has first submitted a notification of demolition to the Department of Building and Safety. Owners must still comply with regulations for disposing waste/hazardous materials. Does not exempt review of the removal of deep or step foundation or retaining walls.Temporary Housing SolutionsPermits RVs, tiny homes, modular homes, and storage units on affected properties for up to three years or while there is an active building permit application to rebuild, whichever is longer.Expediting Temporary Certificates of Occupancy for Multi-family Residential Projects Near Completion.Directs the Department of Building and Safety to expedite approvals known as temporary certificates of occupancy for 1,400 units of housing currently in the pipeline across the City
The order requires the City to issue implementation guidance within 30 days. While perhaps not perfect (and in some ways aspirational) this serves, as a great first step toward rapidly rebuilding the structures lost in the tragic wildfires. If you have questions about how this or other rules and regulations affect your property or rebuild project, do not hesitate to contact the land use and environmental team at Elkins Kalt.
