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CC RES 2008-108 RESOLUTION NO. 2008-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES TO CERTIFY A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CASE NO.ZON2007-00598, AN AMENDMENT TO TITLE 15 (BUILDING CODE ) AND TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE TO ENCOURAGE "GREEN BUILDING" CONSTRUCTION. WHEREAS,on March 6,2007,after considering oral and written testimony,based on a staff request,the City Council directed Staff to initiate a code amendment to implement a green building program for private projects within the City; and WHEREAS, it is necessary to amend Title 15 (Building Code) and Title 17 (Development Code) to provide City residents, architects, contractors and builders with guidelines and an incentivized program for property owners to construct"green buildings"that are energy and water efficient, utilize recycled and renewable materials, incorporate new technologies focused on efficiency and alternative energy sources, and improve indoor air quality; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"),the State's CEQA Guidelines, California Code of Regulation,Title 14, Section 15000 et. seq.,the City's Local CEQA Guidelines,and Government Code Section 65962.5(f)(Hazardous Waste and Substances Statement),the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of ZON2007-00598 would result in a significant adverse effect upon the environment and, therefore, a Negative Declaration has been prepared and notice of same was given in the manner required by law; and, WHEREAS, an Initial Study was prepared on April 12, 2008 and distributed for circulation and review from April 12, 2008 through May 12, 2008; and, WHEREAS, on April 12, 2008, notice of a public hearing on the proposed amendments to Title 15 (Building Code)and Title 17 (Development Code)of the Municipal Code was published in the Palos Verdes Peninsula News; and, WHEREAS, on April 12, 2008 and October 4, 2008, public hearing notice for these code amendments was published in the Peninsula News; and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted public hearings on May 13, 2008, June 10, 2008, July 8, 2008, August 26, 2008 and September 9, 2008, at which time all interested parties were given an opportunity to be heard and present evidence regarding amendments to Title 17 as set forth in the Planning Commission Staff Report of those dates; and WHEREAS,the Planning Commission approved Resolution No. 2008-30,on September 9, 2008, recommending that the City Council certify a Negative Declaration pursuant to the California Environmental Quality Act; and WHEREAS,the Planning Commission approved Resolution No.2008-31,on September 9, 2008, recommending to the City Council, the adoption of an ordinance to establish a Voluntary Green Building Program and to establish specific mandatory green practices and development standards; and NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That ZON2007-00598, an Amendment to the City's Municipal Code, is necessary to provide guidelines and an incentivized program for property owners to voluntarily construct"green buildings." Section 2: In addition to the adoption of a voluntary Green Building Program, the City would benefit from specific mandatory green practices and development standards that would be applicable to all new residential development applications; and Section 3: The benefits of"green building"construction include, but are not limited to the following: 1)a reduction of environmental impacts from home construction at both a local and global level,2)long-term savings through reduced energy and water consumption,3)increase the lifespan of a structure from the industry 40-year standard to 100+years of sustainability,4)provide certified recognition to a home owner for constructing an environmentally friendly structure,and 5)reduction of output to existing infrastructure and utilities,thereby increasing the lifespan of local infrastructure; and Section 4: The proposed project is an amendment to the Rancho Palos Verdes Municipal Code. Specifically, it amends Title 15 (Building Code)and Title 17 (Development Code) to incorporate a Voluntary Green Building Program and establish mandatory green practices and development standards for all proposed construction. The proposed amendment will not create or result in any significant impacts to the General Plan, Zoning Code, nor be in conflict with any applicable environmental plans or policies, be incompatible with existing land uses, affect agricultural resources,or disrupt the physical arrangement of the established community.Therefore, there will be no significant land use or planning impacts associated with this project. Section 5: The proposed project does not include any physical modifications or alterations to existing land or structures. Any physical modifications or alterations to existing land and/or structures as a result of the project objectives will be addressed through separate environmental analysis consistent with CEQA. As such, there will be no significant exposure to geological risks, nor any significant impacts to water resources,air quality,transportation/circulation, biological resources,energy and mineral resources,no significant hazardous conditions created,no significant noise impacts, no significant impacts to public services, no significant impacts to utilities and service systems, no significant aesthetic impacts, and no significant impacts to cultural and recreational resources, as a result of the proposed project. Section 6: For reasons discussed in the Initial Study, which is incorporated herein by reference, the project would not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable. Section 7: The proposed project does not include any physical modifications or alterations of the existing land or structures.Any physical modifications or alterations to existing land and/or structures as a result of the project objectives will be addressed through separate environmental analysis consistent with CEQA. As such, the project does not have the potential to Resolution No. 2008-108 Page 3 of 3 degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Further,for this reason,the proposed project does not have impacts that are individually limited but cumulatively considerable, nor have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. Section 8: For the foregoing reasons and based on its independent review and evaluation of the information and findings contained in the Initial Study,Staff Reports,minutes,and records of the proceedings, the City Council has determined that the project will not result in a significant adverse impact on the environment. Therefore, the City Council hereby certifies the Negative Declaration making certain environmental findings in association with Case No.ZON2007- 00598. PASSED, APPROVED, AND ADOPTED this 6th day of November 2008. • Mayor Attest: City Clerk State of California ) County of Los Angeles ) ss City or Rancho Palos Verdes ) I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2008-108 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 6, 2008. /11C27 0C tWa City Clerk Resolution No. 2008-108 Page 3 of 3