Like-for-Like vs Larger Rebuild After the Palisades Fire: Which Permit Path Applies?

In the City of Los Angeles, a like-for-like rebuild after the Palisades Fire means a new structure in substantially the same location that does not exceed 110 percent of the footprint or the height that stood on the lot before January 7, 2025. Square footage is not part of that test. Stay inside the envelope and you are an Eligible Project under Emergency Executive Order 1; go larger and the permit path changes, which is why the decision belongs in the first meeting with your design and permitting services team rather than after the drawings are done.

EO1 waives CEQA, the Coastal Act, the Specific Plan and a slope band analysis, keeps whatever nonconforming setbacks and height you had, and drops most department clearances. Above 110 percent, a zoning compliant single family home in the Coastal Zone can use Executive Order 8 and keep the coastal and CEQA relief, while anything else becomes a non-eligible project with full coastal and planning review. The permit definition is not the property tax definition and not the insurance definition, and each of those differences is covered below.

Key Takeaways

The City measures like-for-like by footprint and height at 110 percent, not by floor area. Interiors can be reconfigured freely, a basement can be added within the footprint, and an attached garage up to 400 square feet does not count.

EO8 lets a zoning compliant single family home exceed 110 percent inside the Coastal Zone without a Coastal Development Permit or CEQA, subject to bluff setbacks and biological resource protections.

New attached and detached ADUs are outside the 110 percent limit under both orders, and SB 9 lot splits are prohibited in the burn area under EO9.

The Los Angeles County Assessor treats up to 110 percent of pre-fire square footage as substantially equivalent for keeping your Prop 13 base value; anything beyond is assessed as new construction.

Both paths build under Chapter 7A fire construction, both may use the 2022 code and skip solar under EO N-29-25, and both face the new Zone 0 ember resistant perimeter rule adopted in August 2026.

What like-for-like means under Los Angeles Executive Order 1

Emergency Executive Order 1, issued on January 13, 2025 and revised on March 18, 2025, defines an Eligible Project as one where the new structures and facilities are in substantially the same location as, and do not exceed 110 percent of, the footprint and height of the primary structures that existed immediately before the wildfire. The City adopted 110 percent because it is the standard already written into state and local disaster rebuilding rules, which lets the same test run across City, County and State jurisdictions. Governor Newsom’s Executive Order N-4-25 uses the same 110 percent trigger to suspend CEQA and the Coastal Act for reconstruction.

The purpose of the rule is broader than speed. An Eligible Project may be rebuilt with the same nonconforming use, yards, height, number of stories, lot area, footprint, floor area, residential density and parking that existed before the fire, using the nonconforming provisions in LAMC 12.23 where they apply. A 1950s house sitting three feet inside a modern side yard setback can go back exactly where it was. A home that exceeded the current Baseline Hillside height limit can return at its old height plus ten percent. Once you leave the like-for-like envelope, those nonconforming rights are gone and current zoning governs the whole design.

Eligibility is confirmed during plan check rather than in a separate hearing. Your plans state which order you are relying on, and the plan checker verifies the claim against building permits, the Certificate of Occupancy, County Assessor records and Coastal Commission files, with Google Maps imagery and LiDAR used case by case. A home taken down to the studs by fire damage on one side qualifies as significantly damaged, so partial losses use the same track as total losses. The permit sequence itself, from debris sign off to Certificate of Occupancy, is laid out in our guide to Pacific Palisades fire rebuild permits, and everything in this article feeds Step 3 of that sequence.

What counts toward the 110 percent and what does not

The two measured quantities are footprint and height, each capped at 110 percent of what existed. Everything inside that envelope is yours to rearrange. You can reconfigure every room, fill in under a cantilever, add a loft inside the existing volume, finish an attic, or extend a partial second floor across the full first floor footprint as long as the height stays within the pre-fire height plus ten percent. Floor area is explicitly not factored into the City’s allowance, which is the single biggest difference from Los Angeles County, where the 110 percent applies to floor area, size, height and footprint together and Palisades area County parcels get no square footage carve out.

Vertical moves are where owners run into the height cap. A new or enlarged basement is allowed under EO1 and does not count toward height, provided it stays within 110 percent of the existing footprint. Adding a second story to what was a one story house usually exceeds 110 percent of the original height, so it only fits when a second floor can be tucked inside the prior height envelope plus ten percent. Our second story addition guide explains the structural cost of that move, and in the Palisades it also decides whether you stay in EO1 or shift to EO8. If the second story cannot fit, the project is subject to the current LAMC height limit or the height limit set under EO8.

Accessory pieces have their own rules. Relocating a detached garage and attaching it to the house stays eligible, and the attached garage does not count toward the main dwelling’s 110 percent footprint as long as the garage area is limited to 400 square feet. A second floor over that garage is allowed if the total height stays within 110 percent and the added area is subtracted elsewhere on the second floor. Pools and tennis courts that existed before the fire can be rebuilt under EO1, while a new pool needs EO8 and a location outside the coastal and canyon bluff setbacks.

Anything involving lot ties, consolidations or subdivisions disqualifies the project from both orders, and Emergency Executive Order 9, backed by the Governor’s N-32-25, prohibits SB 9 lot splits and two unit developments inside the Very High Fire Hazard Severity Zone in the Palisades burn area.

Design element	Treatment under EO1 like-for-like
Footprint	Capped at 110 percent of the pre-fire footprint, substantially the same location
Height	Capped at 110 percent of the pre-fire height, measured at any point; hillside lots evaluated case by case
Interior square footage	Not counted; reconfigure, add lofts, fill under cantilevers, finish attics within the envelope
New or enlarged basement	Allowed, does not count toward height, must stay within 110 percent of the footprint
New second story on a one story home	Eligible only if it fits inside the pre-fire height plus ten percent; otherwise EO8 or current zoning height
Attached garage relocated from a detached position	Excluded from the 110 percent footprint up to 400 square feet
Detached ADU, new or rebuilt	Allowed whether or not one existed; not subject to 110 percent footprint or height; bluff setbacks apply to new units in the Coastal Zone
Attached ADU, new or rebuilt	Allowed; may exceed 110 percent; floor area does not count against residential floor area limits
Pool or tennis court that existed pre-fire	May be rebuilt under EO1; a new one needs EO8 and must sit outside bluff setbacks
Nonconforming setbacks, height, density, parking	Retained under LAMC 12.23; lost if the project leaves EO1
Lot ties, consolidations, SB 9 splits	Disqualify EO1 and EO8; SB 9 prohibited in the burn area under EO9

ADUs deserve a closer look because they are the main way to add livable space without leaving EO1. A detached ADU can be new or rebuilt regardless of what existed, sits outside the 110 percent limit, and can be permitted and occupied before the main house as long as the house permit is pulled within seven years of the order and construction finishes within three years of issuance. A pre-fire garage can be rebuilt within its old envelope and converted to an ADU at the same time, with any expansion beyond 110 percent governed by state and local ADU law instead. The complete ADU guide covers the citywide rules that still apply to size, height and parking.

The three permit paths side by side

Executive Order 8, issued on July 23, 2025 alongside the Standard Plan directive, was written for owners who want more house than EO1 allows without losing the emergency relief. It applies only to single family homes inside the Coastal Zone that comply with underlying zoning, and it waives the local Coastal Act and CEQA processes as long as streamlined environmental protection measures are in place. The Director of Planning prepares those measures under LAMC 11.5.15, and in practice they mean a 25 foot setback from a coastal bluff edge, a 10 foot setback from a canyon bluff edge, and review of biological resources where ZIMAS flags medium or high potential. Prevailing front yard setbacks are available under either order, but nonconforming setbacks are available only under EO1.

Factor	EO1 like-for-like (within 110%)	EO8 zoning compliant, beyond 110%	Non-eligible project
Who qualifies	Any residential or commercial rebuild in substantially the same location	Single family homes in the Coastal Zone that comply with zoning	Everything else, including zoning compliant homes outside the Coastal Zone
CEQA	Waived	Waived with environmental protection measures	Applies where triggered
Coastal Act and Coastal Development Permit	Waived; coastal exemption available	Local coastal review waived	Required inside the Coastal Zone
Pacific Palisades Specific Plan	Waived	Must comply with zoning	Applies with its own procedures
Setbacks and height	Pre-fire nonconforming conditions retained plus ten percent	Current zoning or EO8 height limit; prevailing front yard allowed	Current zoning
Hillside slope band analysis	Not required	Required in designated hillside areas	Required in designated hillside areas
Bluff and biological review	Only for a new detached ADU on a flagged bluff lot	Where ZIMAS flags bluff or biological potential	Full Planning review
Street tree and protected tree clearances	Not required	Street trees in the parkway reviewed	Both reviewed
Expedited LADBS review	Yes, 30 day target	Yes, 30 day target	Yes outside the Coastal Zone; coastal steps add time inside it

The middle column is narrower than it looks. EO8 is unavailable to condominiums, townhomes and multifamily projects, which can use EO1 but must otherwise follow standard zoning if they grow. It is also unavailable outside the Coastal Zone, though that matters less than it sounds: a zoning compliant single family home outside the Coastal Zone and the Specific Plan area files directly with LADBS and receives the same expedited review as an Eligible Project, with timelines that the City says are similar. The projects that carry real risk are non-eligible homes inside the Coastal Zone, where State and City coastal procedures run on their own clock.

When going larger is worth the longer path

The honest case for growing the house usually comes down to three situations. The first is a small original footprint on a large flat lot where current zoning allows substantially more residential floor area, so the marginal square footage is cheap relative to the fixed cost of mobilizing a full rebuild. The second is a household that has changed since the home was built and would otherwise be adding on within five years anyway, paying twice for permits, design and disruption. The third is a pre-fire structure with an awkward footprint that fights the slope, where a zoning compliant redesign produces a better engineered house than a ten percent stretch of the old outline could.

The case against is just as concrete on hillside lots. Once a project leaves EO1, a designated hillside site needs a slope band analysis, and if it sits in a Palisades Geohazard Risk Assessment Zone it needs geology and soils approval either way. Our hillside construction guide walks through the retaining, drainage and foundation systems that make each added foot of footprint on a slope more expensive than the same foot on a flat lot. Design fees rise too, because EO8 plans must prove zoning compliance line by line rather than simply matching the pre-fire record.

A useful discipline is to price the like-for-like scheme first and treat it as the baseline. Under Chapter 7A construction in 2026, Palisades rebuild costs already sit well above typical Los Angeles new construction, and one Westside builder’s published 2026 data puts insurance payouts $500 to $600 per square foot short of actual rebuild cost in the community. If the larger scheme is only justified because it feels like the moment to build the house you always wanted, the numbers in our knockdown rebuild vs remodel guide are a sobering place to check that instinct against 2026 pricing before the decision hardens into drawings.

The tax, insurance and code consequences of each path

The 110 percent permit rule and the property tax rule are different rules with a similar number. Revenue and Taxation Code section 70(c) lets a home rebuilt after a disaster keep its Proposition 13 base year value if the reconstruction is substantially equivalent to what was destroyed, and section 70.5 adds a specific post disaster provision using 120 percent of pre-disaster full cash value. On March 5, 2025 the Los Angeles County Assessor warned that the City and County 110 percent programs are permit streamlining tools and do not exempt added size from assessment.

Then, in a December 22, 2025 notice to the Board of Supervisors, the Assessor stated that it will interpret substantially equivalent to include up to a 110 percent threshold in square footage for rebuilt homes in the fire areas. Square footage beyond that receives a new base year value for the excess portion only, layered on top of the original assessment, so a larger home under EO8 does not lose Prop 13 protection on the part that was replaced.

Insurance follows its own definitions again. Policies pay replacement cost for the dwelling that existed, plus extended replacement cost and ordinance or law coverage if the policy carried them, and none of those endorsements are tied to the City’s 110 percent envelope. Added footprint or height is owner funded from the first dollar, and a longer coastal or hillside review can outlast an additional living expense benefit. Two 2026 state laws changed the claims process for fire survivors, Senate Bill 495 on contents documentation and Assembly Bill 226 on FAIR Plan stability, but neither affects how the building envelope is permitted.

On construction standards the two paths converge. Both build under Chapter 7A ignition resistant requirements because the Palisades has been a Very High Fire Hazard Severity Zone since 1999, and the assemblies that means in practice are covered in our home hardening guide. Both may rely on Governor Newsom’s Executive Order N-29-25 to design to the 2022 building code rather than the 2025 edition and to omit rooftop solar, and both benefit from the citywide repeal of the all electric ordinance. Both will also meet the emergency Zone 0 regulations adopted by the Board of Forestry and Fire Protection on August 19, 2026, which require an ember resistant five foot perimeter around structures in Very High Fire Hazard Severity Zones and are expected to reach new construction first once the Office of Administrative Law completes its review.

How to document your pre-fire baseline

Every argument about 110 percent rests on evidence of what was there. Start with the LADBS records unit and the One-Stop Rebuilding Center, where the City can now release your lost home’s plans without the original architect’s consent thanks to a State executive order, and generate a Rebuild Letter through the LADBS online portal. Pull the Assessor’s building record for square footage and year built, and any Coastal Commission file if your parcel is in the Coastal Zone. Insurance documentation, appraisals, listing photographs and pre-fire survey drawings all help when City records are thin, and dated aerial imagery is worth downloading now because the Department will consider it when official records conflict.

If the foundation was removed during debris clearance, LADBS establishes the original footprint from the same records, so the surveyed outline of a slab is helpful but not required. Have a licensed surveyor locate the pre-fire corners, the property lines and, on bluff lots, the bluff edge, since the 25 foot coastal and 10 foot canyon setbacks in EO8 and the ADU rules are measured from that edge. That survey becomes the reference for every design decision that follows, and it costs a fraction of a plan check correction cycle spent arguing about where a wall used to be.

Making the decision

Most Palisades owners land on like-for-like, and the reasons are practical rather than sentimental. The envelope is generous once you understand that floor area is unrestricted inside it, that a basement can go under the whole footprint, that an attached garage up to 400 square feet rides free, and that an ADU can be added without touching the limit. The path is faster, the coastal and hillside reviews fall away, the Assessor’s 110 percent square footage interpretation aligns with it, and the nonconforming conditions on older lots are preserved. A Pacific Palisades general contractors team that has priced both schemes on the same lot can show you the cost of each added foot before you commit.

Go larger when the lot, the zoning and the household genuinely support it and when the site is flat enough that leaving EO1 does not trigger a geotechnical program you would otherwise avoid. Confirm on ZIMAS that you are in the Coastal Zone before counting on EO8, confirm the bluff and biological flags, and confirm with the Assessor how the added area will be treated. Then have the larger scheme drawn to zoning from the start, because a like-for-like set that grows during design is the slowest kind of project in the 2026 queue.

Conclusion

The choice between a like-for-like rebuild and a larger one is really a choice between two permit regimes with different rules for the same lot. EO1 rewards owners who stay within 110 percent of footprint and height with the shortest path the City has ever offered after a disaster, and it leaves far more room inside that envelope than most people assume. EO8 keeps the coastal and CEQA relief for zoning compliant single family homes that need to grow, at the cost of current zoning, bluff and biological review, and a hillside analysis where the slope demands it.

Neither path changes the fire code you build to or the Zone 0 perimeter you will maintain, but they do change your timeline, your clearances and, through the Assessor’s 110 percent interpretation, your tax bill. Decide with the records, the survey and the pricing in front of you, then draw the house to the path you chose.