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1. How do I find existing permits for my destroyed or damaged structures?

To review and approve expedited rebuild applications, staff will need to determine what was legally on the property previously through the review of any available documentation. Records can come from a variety of sources, including but not limited to: previously issued coastal development permits, building permits, approved plans, tax assessor information, and aerial photographs. The City understands that some people may have lost records and plans in the fire. Staff is ready to help guide your research, help you complete any City public records request forms, and work with you on deciphering other types of documentation. A combination of sources may be used for permit research in order to establish building square footage, siting, height, number of bedrooms, and number of plumbing fixtures. For information on public records, visit MalibuCity.org/PermitSearch or access printer-friendly instructions for searching OnBase.

2. What steps toward rebuilding can I take now?

City staff at the Rebuild Help Desk at City Hall is available to discuss your project; or view the rebuilding steps online. Staff recommends taking care of the following:

• Confirm if your property is in the City of Malibu limits by visiting http://www.malibucity.org/gis. The Malibu city limits are indicated by a red line on this map. If your property is in unincorporated Los Angeles County, visit the County office at 26600 Agoura Road, Calabasas, CA 91302 during regular counter hours (Monday through Thursday, 7:00 AM to 11:00 AM), call 213- 974-0051, or email CoastalPermits@planning.lacounty.gov.
• Contact a design professional to help you assess options and prepare construction plans. Visit MalibuRebuilds.org and select Contractors under the Rebuilding tab for ideas.
• Research public records for your property – these will be needed to demonstrate what you are allowed to rebuild. Go to MalibuCity.org/PermitSearch for instructions on how to find permits and plans on file with the City.
• Contact a City-registered practitioner to inspect your onsite wastewater treatment system (OWTS).
• Contact the Los Angeles County Fire Department to confirm rebuild requirements, such as vehicular access and water pressure at 818-880-0341 or visit the County office at 26600 Agoura Road, #110, Calabasas, CA (8:00 AM to 12:00 PM Monday through Thursday, or 8:00 AM to 12:00 PM).

3. How do I request a fee waiver or fee refund for a fire rebuild?

The Malibu City Council adopted a resolution authorizing the waiving of City fees for rebuilding like-for-like or like-for-like plus 10% for rebuilding structures destroyed or damaged in the Woolsey Fire. The fee waiver will be offered for the period of November 8, 2018 through December 30, 2021. The fee waiver only applies to an owner that used the property as a primary residence at the time of the Woolsey Fire.  If the property is sold, the new owner is not eligible for the waiving of fees. Learn more about the fee waiver and important deadlines.

4. When is the deadline to apply to rebuild?

Fire rebuild applications must be submitted to the Planning Department by November 8, 2021 (three years from the date of damage or destruction) if the applicant wishes to maintain any previously existing legal non-conformities, such as a house sited within normally required setbacks, etc., and a building permit must be diligently pursued and obtained within five years from the date of damage or destruction. A request for an extension of time to the three-year or five-year periods may be granted by the Planning Commission where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the three- or five-year limit creates an undue hardship. Extensions may not total more than six years. Applications submitted more than three years from the date of damage or destruction may still be exempt from having to apply for a CDP; however, they may not maintain any previously existing non-conformities. Learn more about the fee waiver and important deadlines.

5. Am I able to stay on my property while I process an application to rebuild?

A temporary, owner-occupied trailer or mobile home may be placed onsite if permits are obtained with certain conditions of approval. Debris clearance must be completed and a City-registered OWTS practitioner must verify that there is a functioning onsite wastewater treatment system (OWTS, also known as a septic system) before permits may be issued. A Temporary Housing Brochure and Application, as well as other information, can be found at MalibuRebuilds.org.

6. If I choose to rebuild or repair my home, what kind of permits will I need?

Projects must have a zoning approval, which is handled by the Planning Department, and a building permit, which is handled by the Building Safety Division of the Environmental Sustainability Department. Zoning rules primarily deal with where a structure can be placed on a site, its square footage, and its height, among other things. The building code specifies how a structure is actually constructed, such as materials and methods. The City has both zoning and building codes, so both approvals are necessary.

Those to rebuild an in-kind replacement of legally-permitted structures lost may submit a Planning Verification (PV) Application. Visit MalibuCity.org/PermitSearch for information on how to research documentation needed to verify previously existing structure(s). As of March 28, 2019, those planning to rebuild legally-permitted structures, in-kind plus 10% height, bulk, or square footage, may also submit a PV application, as long as the new area is built to development standards, below 18 feet, on slopes flatter than 3:1 or 4:1 on Point Dume, and does not encroach into setbacks. Call the Planning Department at 310-456-2489, extension 485, or emailing at mplanning@malibucity.org to set up a pre-submittal appointment. The application form and checklist are available at MalibuCity.org/PV.

If you wish to add more than 10%, or the new area does not conform to the standards listed above, review other options that may be available to you at MalibuRebuilds.org.

7. Do I need a permit to install erosion control devices for storm preparation?

Erosion control devices help control or prevent wind- or water-induced erosion of exposed soil and debris. Normally, review and approval from the Building Safety Division is required before these devices can be installed. This will help ensure they are installed properly and do not cause further damage to the property or a neighboring property. However, if rain is expected in the upcoming 24 to 48 hours, property owners may proceed to put erosion control measures in place without obtaining a permit. For additional information, visit the Storm Preparation page on the MalibuRebuilds.org site.

8. Can I use any remaining structural elements?

• OWTS - Onsite wastewater treatment systems (OWTS), sometimes called septic systems, need to be inspected by a City-registered OWTS practitioner to verify their functionality before they can be used for either a permanent rebuild or a temporary trailer. Most of the components of an OWTS are located below ground and are typically more resistant to fire damage. Damage to an OWTS may have occurred due to high heat, exposure to flames, smoke, ash, and power outages or equipment failure. Heavy firefighting equipment and heat from fires may also damage underground OWTS components, such as fiberglass tanks, piping, and old system components. In addition, fire materials may have contaminated the contents of tanks, and the liquid and waste may need to be pumped out. A City-registered Practitioner must inspect the OWTS for signs of damage and functionality of components and submit an inspection form prior to utilization of the system. View the OWTS Post-Fire Information sheet for additional information about fire-damaged OWTS and a list of practitioners.
• FOUNDATIONS - The re-use of other structural elements, such as existing foundations in fire-damaged buildings and structures require a feasibility review by the City's Environmental Sustainability Department. This review only considers the durability and soundness of concrete foundations, including slabs, footings, piles, and retaining walls, based on the testing data described below. Find out more information about foundation feasibility reports by viewing the Foundation Feasibility Report for Fire-Damaged Structures and Foundation Re-Use after the Woolsey Fire.
• CHIMNEYS AND FIREPLACES - The re-use of chimneys and fireplaces still standing after the completion of the debris removal process requires the confirmation of structural stability by a structural engineer. Fireplaces and chimneys destroyed or removed may be replaced per the permit process described below however, note that all new fireplaces must be gas-burning, as state law prohibits the construction of new wood-burning fireplaces.

9. What if I have no plans to rebuild?

If you choose not to rebuild your home, you still need to clear the site through the debris removal process. In addition, you may need to stabilize the site from potential mudslides or other types of erosion to prevent further damage to the property or neighboring property. Visit MalibuRebuilds.org for helpful information about Storm Preparation.

10. If I sell my property, is the new owner able to take advantage of the expedited processes and exemptions?

The in-kind rebuild property rights “go with the land” and, in the event of a change of ownership for a property affected by the Woolsey Fire, the new owner is able to take advantage of the expedited processes and CDP exemptions if all deadlines for submitting a rebuild application are met. However, if the  owner, at the time of the fire, qualified for a fee waiver, this benefit is non-transferable.

11. What are the property rights if a Woolsey affected property is sold?

The new owner may take advantage of certain benefits before the deadline; see the Transfer of Ownership document for details.  However, if the owner, at the time of the fire, qualified for a fee waiver, this benefit is non-transferable. 

12. What if I have charred landscaping but no structural damage?

Properties that have charred landscaping but no structural damage are not required to have a HazMat Clearance to remove this type of debris. Charred landscaping on these properties can be placed in green waste bins or removed by a City-permitted hauler.

Before removing any trees or Environmentally-Sensitive Habitat Areas (ESHA), residents must get approval from the City Biologist who is available at City Hall on Tuesdays from 9:00 AM to 11:00 AM. Native trees (Western Sycamore, Coast Live Oak, California Black Walnut, Toyon and Alder trees) with a trunk size more than six inches measured at a height of 4.5 feet above the ground MAY be removed without a permit if:

• The tree was planted for ornamental purposes as part of an approved Coastal Development Permit (CDP) and was not required by the LCP or Coastal Act for mitigation or reservation. To check if a CDP was issued for your house, go to MalibuCity.org/PermitSearch to search existing records for your property.
• The tree is threatening health or safety due to risk of falling, where the instability cannot be remedied as determined by a licensed arborist’s report and confirmed by the City Biologist after a site inspection of the tree.
• The tree is destroyed or damaged by natural disaster. A damaged tree shall be exempt only if the general health of the tree is so poor that efforts to its long-term health and survival are unlikely to be successful as determined by an arborist’s report and confirmed by the City Biologist after a site inspection of the tree.

13. Am I able to install temporary fencing to secure my property?

Yes, temporary fencing may be installed to secure developed areas of the property, meaning the building pad(s) and any swimming pool or spa. No permit is required for this temporary fencing as long as it meets the parameters established for Post-Fire Temporary Fencing. 

14. What are some resources to keep informed?

• Visit the Storm Preparation Information webpage for how you can prepare for rain and associated debris flows and mudslides,
• Sign up for the City E-notifications to receive alerts (Emergency, Traffic, Utility, etc.) and information notifications (select the Woolsey category for information specific to the recovery and rebuilding) by email and/or text.
•  Visit LACounty.gov/Recovery for information on mental health services, insurance tips, tax relief, and more.
•  Monitor www.MalibuRebuilds.org and follow the City on social media: (@CityofMalibu on Facebook, Instagram and Twitter) to get the latest updates, forms, and other information about rebuilding and recovery.
• Contact your insurance company to confirm coverage. Be sure to ask your provider if you have coverage for any code-related upgrades that may be required, including those related to seismic safety and fire safety. Not all policies provide coverage for reconstructing up to current building codes.