New Executive Orders from Governor Newsom and Mayor Bass
Summary of Executive Order N-29-25
Governor Gavin Newsom issued Executive Order N-29-25 on July 7, 2025 to further streamline rebuilding efforts. Some of the key takeaways for property owners and residents are listed below. Note that the purpose of this email will focus on the Mayor’s Order as those details have the most relevance when it comes to permitting in the City of Los Angeles.
Summary of Executive Order No. 8 and Revised Executive Order No. 1
Mayor Karen Bass issued Executive Order No. 8 and Revised Executive Order No. 1 on July 23, 2025 in response to the Governor’s Order mentioned above. The Mayor’s Order provides more detailed guidance for how the City of LA will implement the broad-based measures outlined in the Governor’s Order. Similar to previous Executive Orders, the Department of Building and Safety and/or Department of City Planning may prepare an Implementation Memo outlining final process and procedures to address actionable items.
Additional Coastal Waiver
IN ADDITION to Eligible Projects per EO1, projects that wish to rebuild their single-family residences and other structures that were substantially damaged or destroyed as a result of the fire and wish to propose NEW accessory structures (including ADUs), can utilize a new Eligible EO8 Project classification to exempts a project from Coastal review.
Therefore, projects can EITHER be Eligible under EO1 (which has other benefits listed in previous emails) OR they can be Eligible under EO8
The following are the key requirements to avoid Coastal Review and remain Eligible under EO8
The project is a single-family residential project, including new accessory structures and supportive infrastructure, such as foundation systems, utilities, and driveways, and any other supportive infrastructure necessary to construct, install, or use the single-family residential building and related structures and facilities
Zoning Compliance: The project complies with all objective Zoning Standards in the LAMC
No Lot Changes: The project does not include any lot consolidation, subdivision, or lot line adjustment
Bluff Setback: The project is built at least 10 feet from a canyon bluff or 25 feet from a coastal bluff (for ALL structures, this setback can be a key reason why a project may want to utilized EO1 for the primary structure)
No Impact to Biological Resources: The project will not substantially impact biological resources. NOTE: Planning is working on adopting Environmental Protection Measures (EPMs) that will need to be complied with to adhere to this provision. Projects will most likely need to obtain a biological resources assessment from a qualified biologist.
LID > This latest Executive Order made the following changes to LID reviews:
LID requirements are suspended for single-family homes replacing homes built before September 2, 2002 that were damaged/destroyed.
For other cases where LID applies, review may be completed under Emergency Executive Order No. 6 via the Self Certification Pilot Program.
Prevailing Setbacks
The previous Prevailing Setback determination has been a deep concern for many residents and this EO8 creates greater flexibilty for homeowners.
If a prevailing front yard setback existed before the Wildfire, a replacement home may use that setback. The Zoning Code’s methodology for calculating and applying prevailing setbacks still applies. This analysis can be subjective and will need to be vetted with LADBS to get final confirmation on a specific prevailing setback calculation.
Haul Routes
Haul Routes for single-family projects that meet objective zoning standards (whether Eligible or not), including those outside the Coastal Zone, are to be handled ministerially, meaning they are exempt from discretionary processes, including notices, hearings, findings, and appeals.
Waiver of Roadway Width and Dedication Requirement per LAMC 12.21.C.10(i)
Single-family projects that meet objective zoning standards (whether Eligible or not), including those outside the Coastal Zone, are exempt from LAMC Section 12.21 C.10(i), which regulates Highway Dedication Requirements, Adjacent Minimum Roadway Requirements, and Continuous Paved Roadway Requirements.
Public Works
Removal of Protected Trees and Street Trees under LAMC Sections 46.00 through 46.06 and 62.161 through 62.162 through a ministerial administrative process has been expanded to ALL projects that were damaged/destroyed as a result of the fires (not just Eligible projects)
Mello Act and Housing Provisions
Mello: The Mello Act provision was modified to remove the “three dwelling unit” trigger. Now, Mello will NOT be triggered for multi-family projects as long as the proposed structure contains the same density (plus any additional ADUs)
Projects to repair, restore, demolish, or replace any residential structure substantially damaged or destroyed as a result of this emergency shall not be deemed "conversion or demolition of existing residential dwelling units" or construction of a "new housing development" if there paired, restored, or replacement structure contains the same number of dwelling units as the structure that existed immediately prior to the emergency, plus any allowable accessory dwelling units
Housing: IF a Replacement Unit Determination (RUD) is required, it shall be reviewed by LAHD concurrent to any City Planning filing application. This is unlikely to affect most projects.