Rebuilding After the CZU Complex Fire
Just when we thought 2020 had dealt us a full hand, many of us in California have been struck by another challenge, massive wildfires at an unprecedented level. Our hearts go out to all those friends, family members, and strangers who have been displaced and suffered losses due to these fires. As with many tragedies, it can be an opportunity to rise up together. Here in Santa Cruz, I was struck by the resilience, generosity, and care of people in our community for each other. People opened their homes, hearts, and resources to complete strangers in need. I hope that you are feeling cared for wherever you are. Many people here in Santa Cruz are already picking themselves up by their bootstraps and turning their attention towards rebuilding efforts which is so impressive to me. So, to that end I decided to write a summary of the rebuilding permit requirements in hopes that this is useful to our clients, friends, and community.
Here is the super brief version with links as recommended by the County for rebuilding:
File your insurance claim and consider financial assistance from FEMA.
Consider whether you want to live in temporary housing on your site by looking at whether you meet the requirements, also summarized below and then apply for a permit.
File a Calamity Application with the Assessor’s Office.
Obtain property records from the County via email by clicking on this link. Make sure to include “Fire Records Request” in the subject line.
Obtain Environmental Clearance for debris removal.
Find and hire a contractor, designer, and any related consultants. Get your project designed and apply for your permit. Note that you may need geological reports for your property as determined by the County.
Rebuild.
Debris Removal and Clearance
Whether applying for temporary housing or rebuilding, you must get clearance from Environmental Health Services first. There are detailed procedures on their website depending on what your needs are. If your house or other structures were destroyed or damaged there is a process to getting back on the property, even to be able to sift through debris. Post fire debris is considered hazardous material and has to be cleaned up first by the EPA. Those cleanup efforts are supposed to begin on September 28th. Once EPA has cleared the property for hazardous materials, the owner can either pay to have a private contractor clean the remaining debris or have it done through the public option at no direct cost. Note that to proceed to this phase the owner must have approval from Environmental Health Services. (See their website for a flowchart.)
Temporary Housing Permit Requirements
You will need a permit to locate “temporary housing” on your property (or any property). Temporary housing is limited to housing not on a permanent foundation, in other words it does not include ADUs. Examples of temporary housing include trailers, RVs, tiny homes, temporary modular structures, storage containers, or yurts. Here are the basic requirements:
You must have water, electricity and sewer servicing the site, except for self-contained RVs or self-contained Tiny Homes on a chassis. They are not allowing generators as a source of power.
In certain areas, the site must be have geological hazard clearance. (There is no map yet, but based on comments at the last Board of Supervisors meeting the Bonny Doon area is most likely to require this.)
The permit allows for one accommodation unless the site had more than one legal dwelling prior to the burn.
The initial permit is valid for three years with one year extensions.
You can get permits to locate temporary housing outside of the burn area if you can show that the temporary housing is occupied by displaced person(s).
You may be allowed to occupy existing legal structures that are not permitted for human habitation normally or that have sustained partial damage under the Temporary Occupancy Permit.
To help with housing issues, the County has said they will allow ADUs to be permitted and constructed in advance of the primary home that it would be accessory to. The ADU would still be subject to all of the building and zoning requirements it normally would be subject to, but you can construct it prior to reconstructing your primary home.
Potential Challenges to Look Out For in Getting your Rebuild Permit
As with all major natural disasters, one hazard can potentially create another. These fires are no exception. After a fire, the burnt vegetation and lack of water absorbent topsoil can leave an area prone to “debris flow”, mud slides, or erosion. It is our understanding that these conditions are more likely to occur in areas that were fire “hot spots.” However, we are not geotechnical experts, and the County is in the middle of an assessment to determine which areas are most at risk. Because of the potential for these post-fire related hazards, some property owners may be required to have a consultant conduct a geological assessment of their property. At the last Board of Supervisors meeting the County said they were possibly going to create a screening map for this.
There are a couple of issues to keep in mind with regard to rebuilding the buildings on your property and the envelope of those buildings. First, try not to exceed your old building footprint by more than 10%. Exceeding the old size by more than 10% will potentially kick it out of the streamlined building permit review. Your project will still only have to get a building permit, instead of going through planning as well, but it won’t be as quick. Also, if you had, or currently still have unpermitted structures on the site, you will be required to bring them up to current code.
If you had/have an old septic system, you will be required to bring it up to current standards. This is due to state law. The septic systems are permitted by Environmental Health Services. You can view their website for more information here.
In Summary…
The County is working to create streamlined procedures for people who have lost their homes to rebuild those homes. The next Board of Supervisors meeting, scheduled for October 6th at 9:00 am, will have more information about the process. Give us a call or email if you have questions about the process. As local community members, we understand the value of home in Santa Cruz and the complexities that are built into the process. We will make it our goal to help you get back into your home.