[Courtesy of Crest Real Estate]

Fellow Angelenos,

The City of Los Angeles Planning Department and the Department of Building and Safety released their official Implementation Guidelines for Revised Emergency Executive Order No. 1: Expedited Community Rebuilding and Recovery on April 16th, 2025.

While the majority of the implementation guidelines remain similar or unchanged from our previous summaries, there are a few key updates that are impactful to the overall design strategy for projects seeking to remain an Eligible Project per the Mayor’s Executive Order.

Below is a detailed summary of several of the key definitions, guidelines, and provisions in the Implementation Memo. Though it is a key focus of the Implementation Memo and this email, as noted previously, exceeding the 110% threshold may not be too problematic for many properties which are either not in a Coastal Zone or are in a Categorical Exclusion Overlay. The Implementation Memo reiterates that all fire rebuild projects receive expedited plan check review, regardless of whether they qualify as Eligible Projects within the 110% threshold.

In addition to the information presented below, the Implementation Memo includes a general summary of LADBS Procedures including submission requirements for fire rebuild plan check, information regarding demo permits, applicable codes, provisions for reuse of existing foundations, soils report requirements, plan check and permit fees, temporary housing provisions, haul route permits, and other items. Please note that this email is not intended to be an exhaustive list or replacement for the Memo itself, and review of the actual Memo is recommended.

Eligible Project Criteria

To be considered an Eligible Project, a proposal must meet ALL of the following conditions:

Damage from the Wildfires:
The project involves repair, restoration, demolition, or replacement of structures or facilities substantially damaged or destroyed by the January 2025 wildfires (Palisades, Hurst, Kenneth, Archer, Sunset Fires).
Same Use:
The project must be for the same use as the previous structure. No change of use or increase in primary dwelling units is allowed.
Scope of Work Includes:

Primary structures rebuilt in the same location and not exceeding 110% of the original footprint and height.
Accessory structures (e.g., sheds, detached garages) are also limited to 110% of prior footprint/height and must be located similarly.
New ADUs (Accessory Dwelling Units) allowed and will not count towards the 110% threshold, as long as they are setback at least 10’ from Canyon Bluffs and 25’ from Coastal Bluffs.
Supportive infrastructure (driveways, utilities, foundations) needed for the above.

Adheres to:

No more than 110% of the original footprint and height.
Substantially the same location within 20% of lot depth and/or width.

Key Terms

Building Footprint: Building Footprint is measured as the outline or area covered by a building when viewed from above, including second story overhangs, patios, decks; however it excludes overhangs/eaves that were less than 5 feet deep.

Substantially in the Same Location: A structure can shift up to 20% of lot width/depth from the original footprint but must comply with setbacks unless rebuilding in a legal nonconforming location.

Building Stories and Basements

Adding a new story will not disqualify the project from being considered an Eligible Project, provided the story is built within the Building Footprint and Height as described in the Building Footprint Expansion and Height sections above, and complies with Zoning Code story regulations. A story that existed before the Wildfires may be expanded as long as it occurs within the Building Footprint, as described in the Building Footprint Expansion section above.
Given the nature of the height restriction as noted above, adding a second story to an existing single story building would not be feasible as that would exceed a 10% increase in height.
As of now, LADBS has taken the position that this does not allow for new basements to be added to existing structures. Crest believes this position is inconsistent with the language of the Mayor’s Order, as a basement within the footprint of an existing home does not increase the “footprint or height” of the building. Crest is discussing this matter further with LADBS and other city officials and will provide an update as soon as possible.

Garage Modifications

A detached garage can be converted into an attached garage, but this would count towards the allowable 10% expansion of the primary structure.

A detached garage can also be rebuilt as an Accessory Dwelling Unit and expanded upon within the same 110% Eligible Project thresholds as noted above.

Plane Break & Encroachment Plane Rules

These do not apply to Eligible Projects.

Prevailing Setbacks

Where there are sufficient remaining structures that comprise 40% or more of the block’s frontage, the prevailing setback shall apply. However, for blocks where some or all homes have been destroyed, and the prevailing setback cannot be determined, the required front yard setback shall be the minimum specified in the Zoning Code that applies to the lot.

It is important to review any CC&Rs and HOA regulations for any additional setback requirements.

Accessory Dwelling Units (ADUs)

ADUs are explicitly allowed as part of Eligible Projects and have a few key provisions:

New ADUs can be built alongside or after primary residence rebuild.
Existing attached or detached garages can be rebuilt as ADUs (subject to 110% rule and location constraints).
New attached ADUs are not counted against the 110% footprint limit.
Detached ADUs in the Coastal Zone area must follow bluff setbacks:

10 feet from canyon bluff
25 feet from coastal bluff
A bluff analysis by a licensed engineer/geologist is required.

General Summary of Bureau of Engineering (BOE) Procedures

The Bureau of Engineering provides regulatory relief for Eligible Projects to facilitate faster rebuilding in wildfire-affected areas. Many standard street and infrastructure requirements are relaxed or waived entirely.

For foundation and structure placement, BOE uses pre-published maps to determine if additional setbacks are required. If a lot falls within a mapped street segment with adequate right-of-way, no further setback from the property line is necessary. Otherwise, projects must comply with specified centerline setbacks. This is critical to review during the initial design phase for all projects, to confirm the building has a sufficient setback from the centerline of the street.

The associated map is linked HERE for reference.

The Hillside Ordinance—which normally mandates specific street width, dedications, and continuous roadway standards—is suspended for Eligible Projects. This significantly eases rebuilding in hillside neighborhoods.

No street dedications or improvements are required for Eligible Projects, even in hillside zones.
Highway dedication (LAMC 12.37) is not triggered unless a non-residential rebuild exceeds the prior structure’s square footage by over 500 sq ft, or a multi-family project adds more dwelling units.
Accessory buildings (like garages) are exempt from LAMC 12.37.

For Non-Eligible Projects, most standard requirements still apply.

General Summary of City Planning and Housing Procedures

For Eligible Projects, no City Planning clearances or review is required. They may advise on bluff analysis for ADUs, but it appears LADBS will be lead on this review.

For Non-Eligible projects that are subject to discretionary review, Planning applications shall be submitted and processed in accordance with the LAMC. The sections regarding Coastal reviews are similar to our past guidance and our staff can guide projects on the best Coastal strategy.

Per the Memo, City Planning must:

Issue comments within 30 days for any entitlement application
Issue clearance approvals within 5 days after a request is submitted/approved
CDPs/Extensions issued on or before 2/13/2025 get an automatic three year extension

Mello and SB 8

Mello will be triggered if the existing building to be replaced was three or more units or if the proposed building is three or more units. Please contact our team to discuss an effective Mello strategy if this applies to your project.

SB 8 is suspended for projects to repair, restore, demolish or replace units damaged or destroyed and replacement units would not be required. However, qualified tenants have first right of refusal for comparable rebuilt units at an affordable rate if determined to qualify as lower income. Therefore, the unit itself would not be an affordable unit, but the tenant who is of low income can obtain an affordable rent.

RSO still applies under two conditions:

the residential property being replaced by the project was subject to the RSO; and
the project is completed and any rental units are offered for rent within five years after the date the residential property being replaced were damaged, destroyed, or demolished by or as a result of the LA-area fires.

As always, please contact the Crest team with any questions regarding your rebuild project or any other real estate matters.

Call to Action

Please share this information with your networks—fellow architects, agents, builders, and homeowners. Knowledge is the key to rebuilding the Palisades stronger and better.

For questions or personalized guidance, contact Crest Real Estate. We are here to help navigate these regulations and ensure a smooth rebuilding process.

From the Desks of;

Jason & Steven Somers

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LADBS Releases Fire Rebuild Implementation Memo