This November, Malibu was hit with the most devastating fire in decades. Malibu lost over 470 homes, and the amount of displaced individuals is staggering. With the dust beginning to settle, the rebuilding process can begin. That comes with many questions.

Compass Malibu was proud to host a question and answer session with Don Schmitz of Schmitz & Associates, Inc. Planning & Development. Don covered topics from where to begin rebuilding to the fine details of the exemption process! We wanted to pass along the information for those who were unable to attend.

Cleaning Up

Damaged properties must be inspected before cleaning can begin. The California Office of Emergency Services and Los Angeles County Department of Health do this. Once completed, property owners need to pull a demolition permit for debris removal from the City Building Safety Division.

Also, affected residents should visit the Disaster Assistance Center (DAC). This is a multi-agency central location at 23555 Civic Center Way.  At this location, fire victims can talk to the government, including City staff from Planning and Building Safety, as well as County Fire. There are also non-profit agencies on-site that can help them begin the recovery process and access needed services and resources.

Owners will need to employ temporary fencing at the homesite. This can be done with temporary chainlink fencing that is no taller than six feet high. No permit for installing this fence is required.

Disaster Replacement Exemption

Owners are entitled to an exemption if any property was damaged or destroyed. The structures legally on the property can be rebuilt without the usual permitting process. To begin, affected residents must pull permits and records to prove the legal existence of structures. Obtaining accurate and current records becomes more difficult the earlier that a structure was built.

The exemption is exactly what it sounds like – an exemption. This is so long as the same structure is built, the permitting process is mostly circumvented. However, to stay exempt, one must build the same structure in the same place and it can be no larger than 10% of the previous building.

The footprint of the building must remain the same, but the architectural style may be updated or changed. It is important to note that this exemption does not relieve residents from obtaining building permits.

The First Steps

For those who lost their home to the Woolsey Fire or had any damage, the first thing to do is file a Public Records Act Demand. They should also pull a preliminary title report and gather any plans and permits from additions. The purpose of this is to legally prove the square footage for the replacement home. If you need any help pulling the preliminary report for your home, please contact our team!

If these avenues yield little to no information, owners should obtain the Assessors Jackets from the Assessors Office. Historical area photographs can also be used to prove a property footprint. However, these can also reveal illegal additions which can hurt the rebuild.

The Process

Once property owners have put together as much legal documentation as possible, then the practical process can start. After the initial cleaning, the foundation must be inspected to know whether it is structurally sound to rebuild on. An engineer or contractor can complete this evaluation. Septic systems must be inspected as well. The details on rebuilding and upgrading those systems have yet to come from the city of Malibu.

Architectural plans, called “working drawings,” must be submitted with the rest of the exemption packet. Owners without copies will need to work with an architect to get these re-done. The 10% allowance for home size increase and freedom to change the style gives those rebuilding some flexibility to pursue an updated design.

It is possible that driveways not up to Fire Flow codes may require upgrading. The City of Malibu is working hard to pass amendments to make the rebuilding process as smooth as possible.

The City of Malibu has stated their intent to hire a consulting firm to expedite the process for fire victims. By Don’s estimate, for the 470+ homes that were destroyed, there is 9,000 hours of work to process and approve permits and paperwork. This roughly translates to an 8-month timeline to begin rebuilding. This timeline is admittedly optimistic.

Time For a New Home

For some, this is an opportunity for a large upgrade. For any home size increase over 10%, the permitting process will be subject to the usual timeline and scrutiny. Property owners who are considering this should check records very thoroughly. Without the exemption, certain homes in specific areas may not be able to be rebuilt.

For the few who do not plan to rebuild, check back next week for our blog on selling a burnout lot. As Malibu land specialists, we are here to help those who are moving on.

For the latest information on rebuilding from the City of Malibu, visit their page here.

We do not guarantee the absolute accuracy of this information. We recommend that property owners contact the City and appropriate professionals to verify all information regarding Disaster Replacement Exemptions and re-builiding your home.