Policy Changes that Would Expediate Post-Fire Rebuilding

02-14-25 What policy changes could the County of Los Angeles and City of Los Angeles make to replace housing lost in the recent series of Southern California and house people while construction occurs?

Kimberlina Whettam, of Kimberlina Whettam & Associates, a development consulting firm with an extensive presence with relevant agencies provided AIA California with her list of recommendations.

Immediate Actions:
LADBS Inspections to post on their website the status for Red or Yellow tagged parcels under Permit & Inspection Report OR create a separate simple site for Fire Rebuild properties. Could link to ZIMAS or the BOE/Ted Allen Build LA portal.Establish clear parameters that all rebuilds not exceeding 110% are treated as a Remodel/Rebuild and NOT a new house if the foundation is useless and demolished. Currently if you remove a wall and foundations the permit will be considered as NEW and the owners will have to pay more in taxes plus pay upfront for the LAUSD fees then file for a refund.Establish Virtual Office: Residents impacted by the fire have relocated all over the city and to other states, they need an easy virtual approach to facilitate the process, answer questions. Hold virtual meetings etc.Create a website for one-stop information for all departments (Bldg, DCP, BOE, LADWP, LA County, etc)Offer Plan Check for <110% rebuild by Virtual or In-Person ApptsEstablish a typical plan check corrections check list that the Architect can complete in advance filled out to demonstrate which page the key code information can be foundEstablish electronic submittal process to obtain copies of plans vs the in-person requirementRelease clearance summary worksheet (CSW) upon payment of fees for plan check. LADBS knows what the typical clearances are and can do this in advance. This way the applicant can start the process concurrently and reduce time. LAFD will not allow a filing for their review until the CSW is released.Housing Displaced Residents
Suspend short term rental restrictions to facilitate housing and suspend associated TOT feesExpedite release of permits for current housing projects in plan check or entitlement phase to get housing available for displaced residentsExpedite TCO and CofO for housing under construction to create opportunities to rehouse people and reduce demand on rental stockProvide over the counter/by appt (1-day) approval for prefabricated CA State Approved Homes and buildingsHonor & preserve existing non-conforming rights
Prioritize life safety (building envelope will need to comply with current Fire Life Safety CA Bldg Code requirements + Title 24)Allow rebuild to preserve existing non-conforming rights including but not limited to zoning, wood burning fireplaces, gas fueled appliances etcEnsure outside regulators i.e. Coastal cannot impede rebuild of previous residential and commercial buildingsWaive all Redevelopment Fees or Reduce
Including but limited to: Plan Check, outside agency Clearances, Utility Connections, Development assessment, Linkage, Mansion tax, Quimby, Permit & inspection Fees, Temporary Power fees for victims of the fireLocal Governments to obtain reimbursement from State & Federal GovernmentExpedited Approval process
Temp shelter allowance (RVs, campers, tents, mobile homes, state approved modular buildings etc)Plan Check By virtual appointmentDevelop an Expedited Program for Architects & Engineers (structural, civil, mechanical, electrical and plumbing) to self-certify that their designs meet code and policy related to rebuild, including necessary insurance support and indemnification as needed.Create a typical Plan Check submittal Check-List per residential zone to further improve process review so that the architects can detail which pages each critical plan check item can be found easily. With this, I think that they could have a virtual appt to review and cut down on timing.Type V construction self-certification w/checklists for owner design/rebuild of what was already existing with over-the-counter approvals. People can purchase plans on line with some great designs. Then they’d only need an architect or draftsperson to help with a site plan and then self-certified structural.Develop expedited & streamlined process for any/all owners designing a re-build that exceeds existing permitted structure size/configuration, including ADUs, that meet current code, including plan check, clearances and permitting.Expedited LADWP undergrounding options and overall power serviceExpedite review and approval for alternative construction methods and building systems acceptable in Seismic Zone D i.e. SIP panels, trusses etc Government could fund program to expedite approvals which ultimately expedite rebuild. Or reduce fees.Expedite & streamline Septic/OWTS rebuilds/repairs (City, County and RWQCB)Provide automatic relief from: Coastal, Specific Plans, Historic (local, state or federal), zoning overlays including but not limited to Base Line Hillside Ordinance limitations, grading limitations etc)Waive haul route requirements (including waiving associated fees, bonds & hearings). The directive calls for a ministerial process. Per my conversation, I think you can do away with the entire process. Happy to go into more detail.Provide an immediate “Stay” on any plan check or permit expirations that are currently in plan check (Provide time to figure out what they want to do with pending plan check and/or recently issued permits for sites that have sustained fire damage) like provided with COVID tolling orders.Reduce & Expedite Clearances from outside agencies (i.e. no need for Public Works fee for each permit, no dedications or improvements, no “roof site drainage” no LID, provide rain barrel option). Departments can create standard plans/details that can be adhered/included in permit set for ease of approval process and design.Remove/prohibit Appeals to building permits and required agency clearancesReciprocity Program: Create an expedited Reciprocity Program for out-of-state Architects, Engineers and Deputy Inspectors to support the rebuildLand Use Entitlements
Provide immediate “Stay” any/all current expirations for any/all entitlements previously approved including variances, zone changes, CUPs, ABC Approvals, Subdivisions etcRetain rights held within existing entitlements (conditional uses, variances, etc) for previous projects and buildings, including projects that were approved but had not yet been built or operatingProhibit zoning appeals for projects designed to meet current codeProhibit local design review process for any/all projects proposing a rebuild to meet current code, for rebuild of existing building/structures and for projects exceeding what was originally on site, but designed to meet current code as of todayStay all limitations from the LA Health Dept (coord w/county) for previously approved food service facilities (Do not expire any permits and ensure operators retain existing non-conforming rights for food service operations)Waive discretionary approval hearings if exceed the 110% rebuildReplicate/Expand some of the ministerial efficiencies for affordable housing for the Fire Rebuild and consider for citywide expansionException to retaining wall ordinance for fire rebuildWaiver of Dedications make ministerialInspections & Construction
Develop a 3rd Party inspection option for Deputy Inspectors 100% of site inspections (commercial and residential) and indemnify the local government accordingly. Expand what they can do similar to what they did after the 1994 earthquakeDevelop Local Government staffing plan including Overtime, Re-hiring of retired employees, Expedited hiring & training to facilitate to keep up with current demandExpedite Release of utilities and allow for temporary certificates of occupancy for properties running on temp power and/or generators while the government rebuilds the base infrastructureRemove Construction Work Hour Limitations, i.e. extend work hours beyond current code, remove limits for working on Sundays and holidays. No limitation on hours for interior work. Consider strategy for two shift construction.Expirations:
Ensure terms for rebuild plan check, permitting and expirations are long enough for the rebuild of the subject site and the associated regional infrastructure reconstruction (LAMC 16.03 only allows 2 years to obtain a permit and then 2 years to build from the date of the “event” that may not be enough time. Malibu allowed 6 years for Woolsey and gave an allowance for extensions.)City to develop or collaborate with the AIA to offer a Design contest for 1 and 2 story buildings that will be state off the art efficient and affordable to build and affordable to live in long term. Similar to the Case Study Houses. What a great opportunity to really bring something amazing out of this fire.
Standard pre-approved designsOver the counter approvalsAffordable to purchase designAffordable to buildAmazing designsFuture/overall items
Require LAFD Fuel Modification Landscape review during the Plan Check Process in advance, verses the current brush clearance that occurs post construction with an annual inspection.