Questions related to REBUILDING

Answered by an experienced licensed architect who we trust. However this information is not guaranteed. The final answer will always only be from the plan checker based on your specific permit submission.

1. If we go "Like for Like" what will be the timeframe for this "expedited" review. County Fire says 10 days. Every department is saying the same thing: like for like in-kind with 10% max increase in area, size, bulk and height (cannot exceed zone max) will be "expedited" 

2. What will be the Agency approval list for the Like for Like rebuilds? and what will these approvals look like (again County Fire is a good example). Then for whomever is an approving agency we will want to know how much, how long, all forms, contact info etc. If these are truly in kind rebuilds they will be deemed exempt.  The City will allow self certification. Malibu and the County are silent on this issue. We would only need to submit to LADBS/County/Malibu with documentation that the project conforms to the "exempt" language.  We would also need to bring the structure up to the new building, fire and energy codes.  How the County and Malibu are  going to handle this can get messy if they really are going to enforce the current fire dept requirements.   It will not be fair and reasonable to assess the financial burden on the "first" in line.  Furthermore, if the project is an "exempt rebuild", we would file for relief and ask for a modification based on the fact that the project is exempt.

3. When we build back Like for Like will we be able to rebuild things that are restricted in the CRC (CA Residential Code): wood burning fireplaces? gas cooktops, gas water heaters, no solar?   No, even the exempt rebuilds will need to meet current building, fire, energy, erosion control, etc.. codes.  I believe the state (and the feds?) require insurance companies to have code upgrades as a standard policy coverage for disaster rebuilds.

4.  When we build back Like for Like can we maintain existing street wyes, existing waste and supply lines, existing gas meters if they still work. What would trigger them requiring an upgrade to each of these utilities? If we need new water, gas, and electrical lines and meters, who will pay for those? If the project is an exempt rebuild, then no, except:  If the project has septic (not sewer) the septic system needs to be field certified (or improvements are approved by the health dept) prior to issuance of the building permit.  The similar situation works like this for all utilities. No, code required upgrades will not be mandated, but many times suggested. In some areas, separate water meters for the fire sprinklers will be required, and they can be costly.

5. Will we be required to install fire sprinklers? and this of course gets its own copper line and trench.  Yes

6. Will the Like for Like only follow the square footage of the permit records? Can we alter significantly the elevation and go up to the height limit, provided we dont add square footage? Yes, kinda, this is a gray area and can be complicated.  If there are permitted plans that tie to the permit records, start from there.  If not, then its building and assessor permit records along with aerial photographs and, sometimes, photos from the web (google earth, google maps, zillow, redfin, etc).  In both cases, this is the starting point. Want to make the house taller?  What was the previous height?  Yes, we can add 10% but do not exceed zone max. This analysis needs to be done for the area, size, bulk and height in order to see if the project is deemed "exempt" or not.  So this will be an initial milestone (exempt or not?) for every project.  Of course, without drawings or specific historical indicators of certain measurements, this can become quite the game

7. Can the footprint alter in shape? maintaining any grandfathered "existing, non-conforming" but changed elsewhere?  Yes, but proof of the previous legal non-conformancy must be provided.  We get this from the permit files.

8. ADU Related: Regardless of the like for like will we be required to build garages back? Or can we just automatically convert them from a garage to an ADU or JADU. Then what is the new parking requirement? (This is a critical item to figure out ASAP) this question should be asked related to burned down existing attached and detached garages. A better way to approach this may be to pretend there was never a fire, what would you do?  That's how we would proceed with these.   For example: we prepare garage conversion drawings showing the existing (unburnt down) garage to be converted into an ADU.

9. Will there be required permits for landscape? What will this look like? The sites are charred scraped messes. How will folks plant and remediate their soil after the cleanup and construction without hiring professional landscape architects and spending a ton of money... Yes, the minimum needed will be erosion control plans and devices as the lots will sit empty for at least a year.  Landscape requirements will typically start with any trees, especially burned ones which are considered "heritage" for some reason or another, as they will need to be assessed by an arborist.  If street trees are gone, a typical requirement is to have the applicant provide at least one street tree per lot.  Before the erosion control measures are removed, there will need to be an approved grading and drainage plan (and permit).  How the permeable areas of the site are then landscaped will be up to each property owner and they will need to follow the current fire department firescape requirements.

10. Will there be any LID water capture design requirements? Will we need grading plans even if we remove less than ??cubic yards of soil.  LID requirements will depend on the lot size.  Grading and drainage plans will be required whether earth is moved or not (see discussion in number 9 above).  If mudslides create grading issues, then the applicant can remove the "debris" under the emergency ordinance and not be affected (by grading) during the building dept permit process.  However, if the project is not deemed "exempt" then an analysis will need to be performed, which may include asking for certain relief or go through the grading (and perhaps other) agency reviews.