Why this matters: Homebuilders rebuilding residential structures damaged or destroyed in a disaster now encounter fewer hurdles when the home is located in a common interest development (CID) or a planned residential project.
Permits for the rebuilding of improvements
In the wake of the Los Angeles fires of 2025, new legislation smooths the process for rebuilding after disaster.
One piece of this enacted pro-building mosaic, Senate Bill (SB) 625, prohibits common interest developments (CIDs) — homeowners’ associations (HOAs) — from enacting covenants, conditions and restrictions (CC&Rs) which prohibit a homeowner in their CID from rebuilding a similar residential structure damaged in a declared disaster, such as a wildfire.
SB 625 also allows homebuilders to take advantage of a streamlined, ministerial approval process, devoid of local agency discretion, when a planned residential project had a residential structure damaged or destroyed in a disaster.
Defining “substantially similar” residential structures
The residential structure to be rebuilt within a CID needs to be “substantially similar.”
To be considered “substantially similar,” the structure:
- complies with local building codes;
- doesn’t exceed 110% of the square footage that existed in the interior living space when the structure was damaged or destroyed;
- is constructed in the same location and same dimensions in the exterior with setbacks at least four feet from the side and rear lot lines;
- has a height limited to 110% of the height that existed when the structure was damaged or destroyed, or 100% of the height allowed by the CID governing documents, whichever is greater; and
- complies with objective design standards so long as the standards do not unreasonably increase the cost to construct or prohibit the building of a structure. [Calif. Civil Code §4752(c)(3)]
Approving the rebuilding
The rebuilding of a substantially similar residential structure is processed and approved by a body, such as an association or architectural review committee, which:
- determines whether an application is complete or incomplete and provides written notice of their determination to the applicant no later than 30 calendar days after the body receives the application;
- simultaneously provides the applicant with a list of incomplete items and a description of how the application is made complete when an application is determined incomplete;
- reviews the applicant’s resubmitted application within 15 business days after the applicant receives notice their application is incomplete and determines whether the additional application has remedied all incomplete items;
- makes a timely determination or the application is deemed complete; and
- approves the application and notifies the applicant when the application is compliant with the body’s standards within 30 business days. [CC §4766]
Streamlined, ministerial approval process for housing developments
A housing development is any project where residential housing is being built, rebuilt or modified and is part of a planned residential project.
A housing development is subject to a streamlined, ministerial approval process when the housing development:
- is located on a parcel on which a residential structure was damaged or destroyed in a disaster;
- was owned on the date of the disaster;
- is consistent with objective zoning, subdivision and design review standards;
- complies with labor standards;
- is not on an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act or the Special Occupancy Parks Act; and
- is not located within a historic district. [CC §65914.201(a)]
The local government will approve the housing development within 90 days of submission.
When the local government rejects the housing development, they provide a writing which states which standards the housing development conflicts with and reasons the housing development conflicts with those standards.
The local government submits the written documentation:
- within 60 days of the housing development’s submission; or
- within 30 days of the housing development’s resubmission which addresses the local government’s written feedback. [CC §65914.201(b)]
Related articles:
Residential property remediation requirements after a disaster
