Recover and Rebuild FAQ

1. Should a standing structure not impacted by the CZU fire but inside a debris flow hazard area wish to significantly remodel or redevelop their site they would be subject to mitigation requirements.
2. Some mitigation solutions may not be feasible at the property level, in those circumstances the County will be seeking outside funding to support basin scale solutions.
3. Further discussion at the Board of Supervisors will be occurring in September on this subject and requirements and details may change based on policy decisions made by the Board.

1. We are not part of the real estate disclosure process typically, there are some industry experts that may be better versed to answer this and we recommend those considering selling their property to discuss this with your representatives. However, we would expect that any recorded document that may be required by the County to be placed on their deed would need to be disclosed.

1. The Planning Department and Recovery Permit Center have created an additional option for temporary occupancy in geologically hazardous areas to allow for more folks to return to their properties while they take steps toward rebuilding. A “Limited Temporary Occupancy Permit” can be issued without geologic investigation being done, however it is for a shorter time frame than a regular temporary permit and is based on owners signing a legal covenant assuming risk, agreeing to evacuate, and indemnifying the County. b. The RPC is also writing letters to insurance carriers on behalf of survivors in this regard.

1. In most circumstances from a fire and environmental health clearance perspective fire rebuild properties are not being considered like new builds.
2. Homes built before 1987 that do not have permit documentation are being treated as legal, non-conforming structures. These homes without permits, which would normally be treated as new development, are instead being treated as replacements for the purpose of County building permits.
3. Santa Cruz County Code does include provisions that lessen the regulatory requirements for in-kind rebuilds with respect to zoning ordinances and existing ordinances have been interpreted liberally when applied to fire rebuilds. Examples include allowing living in RVs, tiny homes and other temporary housing in the burn area and on parcels throughout the County. However, County Code does not currently include provisions to relax health and safety requirements for rebuilds, including those to protect occupants from threats posed by geologic hazards. The Geologic Hazards ordinance has been interpreted as liberally as possible, within the professional standard of care of staff licensed professionals, to minimize the situations in which geologic reports have been required.
4. The Board will be discussing this item in September from the Geologic clearance standpoint.
5. Regarding the building code, replacements homes are required to meet current building code standards. The RPC can provide letters to insurance carriers to ensure full compensation for code upgrade requirements is paid out by the insurance companies if that policy provision existed in fire survivor’s coverage.

1. See answer 4c above.
2. While a home may have originally been built with permits, the County Code requires the site to be evaluated for geologic hazards when the home is proposed for major remodel or replacement to ensure that any permit approval: (1) considers health and safety ordinances that may not have been in effect at the time the original permit was issued, and (2) was evaluated for geologic hazards using current industry standards and meets current professional standards of care, which considers the latest scientific knowledge regarding the hazard.
3. The Board will be discussing this item in September from the Geologic clearance standpoint.

1. See answer 4c and 5a, 5c
2. The Board will be discussing this item in September from the Geologic clearance standpoint.

1. At this time no standing structures will be red-tagged due to debris flow hazard, however they will be subject to evacuations in most cases where the risk has been deemed to be HIGH.
2. Should a standing structure not impacted by the CZU fire but inside a debris flow hazard area wish to significantly remodel or redevelop their site they would be subject to mitigation requirements.

1. At this time no standing structures will be red-tagged due to debris flow hazard, however they will be subject to evacuations in most cases where the risk has been deemed to be HIGH.
2. Should a standing structure not impacted by the CZU fire but inside a debris flow hazard area wish to significantly remodel or redevelop their site they would be subject to mitigation requirements.

1. Because there is a fire exacerbated debris flow risk as well as an underlying debris flow risk. For properties that choose not to investigate or mitigate there needs to be an acknowledgement of that and any associated risk recorded on title. Recordation ensures that future property owners are given an opportunity to perform their own assessment of risk prior to purchasing a residence that may place occupants in harms way.
2. The Board will be discussing this item in September from the Geologic clearance standpoint.

1. See above 9a

1. Current county environmental health codes specify how to approach septic systems in the case of a catastrophic event. County staff are required to follow the code, which for septic systems has to be approved by the State Water Resources Control Board. Because of health and safety concerns for water quality the State requires rebuilds to meet current code in most cases. In many situations the existing septic will meet current requirements, in other situations, the septic system may need to be brought up to current code.

1. County Environmental Health (EH) has been working with the state to recognize that repair standards should apply for septic systems for parcels with burned homes from the CZU Lightning Fire. EH has also been negotiating with the state for the new minimum standards and we have successfully advocated for some standards that are unique to the county and are not as onerous as those proposed by the State.

1. The study has been commissioned by Community Foundation of Santa Cruz County, and the analysis is being conducted by an independent third party consultant who will base their quantitative computer model and qualitative evaluation on their own field work, use of existing Watershed Emergency Response Team (WERT) study data and existing topographic LIDAR data.

Intense heat can damage and weaken the concrete and steel reinforcement bars in footings, slabs, and footing stem walls rendering them unsafe for reuse. Permit applicants who wish to use the existing foundation system must provide specialized materials testing and a report from a licensed architect, civil or structural engineer certifying the foundation is acceptable for reuse. See information sheet titled “Concrete Slabs and Foundations Damaged by Fire”. Link. Recognize that the vast majority of foundations are not able to be re-used, when weighing whether to perform this testing.

No. An update to your geotechnical report will be accepted if the update a) addresses any changes to site conditions, including disturbed soils created by removal of foundations and debris removal b) is prepared by the same engineer that prepared the original report or a new engineer that submits a transfer of responsibility form, and c) includes recommendations to meet current California Building Code.

Each rebuild building permit application must include a pre-application Permanent Geologic Hazard Clearance. Visit the Pre-Application Clearance Process page for more information. The clearance process will determine whether detailed geologic assessment or a full geologic investigation will be required.

Possibly. The project engineer will provide an assessment of the existing bridge foundations, and whether retrofitting is required to support the intended loading. The engineer should also provide observations on protection and/or susceptibility of foundation from erosion, scour, etc. If foundation retrofit is needed then a geotechnical report is required. Emergency bridge permits can be granted at the discretion of the Building Official. Emergency work requires special inspections.

Yes. Your replacement home may be constructed on the same footprint as the original house, provided the home was legally constructed before the Riparian Corridor regulations went into effect in 1977 or was constructed with a Riparian Exception permit. However, you are encouraged to locate your replacement home further away from the river or stream if feasible. Only a building permit is required as long as the replacement home is not larger than the original house.

Riparian corridors are protected by County, State and Federal agency ordinances. The County has prepared a Master Riparian Exception Permit that will simplify this for you. Please ask the RPC team if you can sign on to that general permit.

You can find out if your parcel is located in a biotic resource area subject to the County Sensitive Habitat Ordinance by checking the County GIS site and entering your parcel number in the field in the upper left corner of the screen. Click on the “Tables” tab at the bottom of the screen to see your parcel information. Select the “Biotic and Water Resources” tab, and look in the “Biotic Resources” field – this will say ‘yes’ or ‘no’. Be sure to scroll down to check the Sandhill Habitat tab – this will either say ‘Sandhill Habitat’ or ‘n/a- not applicable’.

No biotic approval is required as long as you are reconstructing the destroyed structure in substantially the same location. If the proposal includes relocation or significant expansion of the structure the project will be subject to normal Sensitive Habitat regulations according to the Sensitive Habitat Ordinance.

Dangerous trees within biotic resource areas may be removed on an emergency basis, provided the stumps are left in-tact to minimize ground disturbance.

In one rare habitat, known as Sand Hills, disturbance of the sandy soil outside of the footprint of the destroyed house, road and other previously disturbed areas, must be avoided. You may rebuild the home in the same footprint without further mitigation. If the replacement home will be larger than the preexisting home, or located outside of the existing footprint, purchase of mitigation credits from the Zayante Sandhills Conservation Bank will be required. Please note that if you are required to expand your septic leaching system, you will be required to purchase mitigation credits for any expansion area for the new system. The cost of the mitigation credits is $7.00 per square foot of new ground disturbance. We expect this to apply to a very limited number of parcels.

Outside the Coastal Zone: Burned trees that are not located within a biotic resource area (see above) are not protected and may be removed.

In the Coastal Zone: If the following size trees are visible from a scenic road they are considered significant and trees exceeding 40” in diameter, sprout clumps of 5 or more steps (each 20” or greater in diameter) or 10 trees on a parcel (each greater than 20” in diameter) are considered “significant” and are regulated under the County Significant Tree Removal Ordinance. Significant trees may only be removed on an emergency basis with notification via email with photo sent to EnvironmentalPlanningInfo@santacruzcounty.us. In the burn area the scenic roads are portions of Highway 1,9,35 and 235, and various county roads in Bonny Doon.

You can find out if your parcel is located in an archaeological resource area by checking the County GIS site and entering your parcel number in the field in the upper left corner of the screen. Click on the “Tables” tab at the bottom of the screen to see your parcel information. Select the “Land Use” tab, and look in the “Archaeological Resources” field on the bottom left column– this will say ‘yes’ or ‘no’.

Possibly. An archaeological report is required if you are expanding or relocating the home outside the original footprint and you also need a discretionary approval (i.e., Coastal Permit, Variance etc.). An archaeological report will not be required if you are rebuilding the structure within the same footprint, or if you only need a ministerial building permit.

You can find out if your parcel is in a FEMA designated floodplain by checking the County GIS site and entering your parcel number in the field in the upper left corner of the screen. Click on the “Tables” tab at the bottom of the screen to see your parcel information. Select the “Hazards and GeoPhysical” tab, and look in the “Flood Zone” field – this will provide a ‘flood zone number’ or say ‘n/a”- not applicable.

Yes. Houses in the floodplain may be rebuilt, provided they are relocated to an area of the parcel that is outside of the floodplain if one exists. This determination can be made by a Civil Engineer who will calculate the “base flood elevation” for the watercourse. If a buildable location outside the floodplain does not exist, you may rebuild within the floodplain provided that the lowest floor of the house is elevated one foot above the base flood elevation, adequate venting is provided beneath the residence, and flood resistant construction methods are adhered to in the design.

1. Original property owners if they choose to rebuild in a like for like manner will NOT have their property tax assessment change based on the NEW construction. NEW owners of a burned property will not have that same property tax allowance.
2. The clearance and permit process and fees will be the same for the primary or NEW owner of a burned parcel.
3. The Board is considering revisions to the Geologic Hazards ordinance, County Code Chapter 16.10 which COULD draw further distinctions between primary owners and NEW owners of burned properties. This will be discussed at the Board in September 2021.
4. Limited Term temporary occupancy permits, which allow for temporary occupancy of property in geologically hazardous areas, are only granted to original owners of burned properties.