PC RES 2008-031 P.C. RESOLUTION NO. 2008-31
RESOLUTION F THE PLANNING ISSI F THE CITY OF
RANCHOPALPALOS VERDES RECOMMENDINGTO THE CITY COUNCIL
THE ADOPTIONF AN ORDINANCE TO AMEND TITLE 17
(DEVELOPMENT ODE) OF THE CiMUNICIPAL CODE T
ESTABLISH VOLUNTARY REE IL IN PROGRAM AND T
ESTABLISH PECIFIC MANDATORY GREEN PRACTICES
DEVELOPMENT STANDARDS.
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, on April 12, 2008 a notice was published in the Palos Verdes
Peninsula News for a Draft Negative Declaration and Code Amendment; and,
WHEREAS, in accordance with the provisions of the California Environmental
Quality Act (CEQA), an Initial Study of the project's environmental impacts was
prepared, whereby the project was determined to have a less than significant effect on
the environment, resulting in the preparation of a Negative Declaration; and
WHEREAS, after notice was issued pursuant to the provisions of the Rancho
Palos Verdes Municipal Code, the Planning Commission conducted a public hearing on
May 13, 2008, June 10, 2008, July 8, 2008, August 26, 2008 and September 9, 2008 at
which times all interested parties were given an opportunity to be heard and present
evidence regarding said amendments to Title 17 as set forth in the Planning
Commission Staff report of that date; and,
WHEREAS, on September 9, 2008, the Planning Commission adopted P.C.
Resolution No. 2008- recommending approval of the proposed amendments to Title 17
to the City Council; and,
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HERESY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: That the amendments to Title 17 of the Municipal Code are
consistent with California Government Code Section 65853, zoning amendment
procedures.
Section : That the amendments to Title 17 are consistent with the Rancho
Palos Verdes General Plan and Coastal Specific Plan in that they would reduce impacts
to properties by potentially producing energy and water efficient homes that utilize
recycled and renewable materials and incorporate new technologies focused on
efficiency and alternative energy sources.
Section 3: That there is no substantial evidence that the amendments to Title
17 would result in new significant environmental effects. A Negative Declaration has
been prepared and P.C. Resolution No. 2008- has been adopted, recommending that
the City Council certify the Negative Declaration making certain environmental findings
in association with Case No. ZON2007-00598.
Section 4: That the amendments to Title 17 to incorporate a voluntary Green
Building Program within the City are necessary to provide City residents, architects,
contractors and builders with guidelines and a reward/incentive structure to build and
design homes that are capable of becoming certified "green buildings."
Section 6: That the Build It Green guidelines and GreenPoints Checklist for
new single-family residential projects, single-family residential remodels and new multi-
family projects shall be used by the City to provide City residents, architects, contractors
and builders with recognized, certified and consistent guidelines and a rating system
upon which to rate a voluntary green constructed single-family residential and/or multi-
family residential project within the City; and
Section 6: That applicants for commercial, institutional and/or mixed-use
projects who choose to participate in the City's volunteer green building program shall
be required to use one of the Leadership in Energy and Environmental Design (LEED)
rating systems for commercial, institutional and/or mixed-use developments, of which
the applicant shall use the version of the LEED rating system that is in effect on the date
the plans are registered with the U.S. Green Building Council, Registration shall occur
after approval by the Planning Department but before submittal of plans to Building and
Safety Plan Check.
Section 7: Chapter 17.83 of Title 17 is hereby established to read as follows
(the underlined text represents new language):
Chapter 17.83 Green Building Construction
Section 17® 3,0'0 Intent and Purpose
This chapter establishes the incentives and procedures for participation in the City's
Voluntary Green Building Program. In addition, the chapter provides criteria, standards
and processing procedures for the installation and construction of certain "green"
related improvements such as renewable energy systems, small wind energy systems,
and permeable landscaping. This chapter allows owners of properties in the City and
their architects, contractors and builders to design and develop and/or remodel single-
family, multi-family residential, commercial, institutional and mixed-use proiects that are
sited, designed, constructed and operated in accordance with the provisions of this
Chapter to enhance the well-being of occupants, and to minimize negative impacts on
the community and natural environment The voluntary green building program provides
P.C. Resolution No. 2008-31
Page 2 of 11
the minimum requirements for obtaining certified recognition of a "preen building" within
the City.
Section 17.83.020 Incentives for Participation in Voluntary Green BytjgiM
Propra
A. The following incentives shall be available to applicants who participate and meet
the minimum requirements established in Section 17.83.030 and/or Section
17.83.040 of this Chapter
1. Expedited Application Review. Any planning applications submitted to the
Department of Planning, Building and Code Enforcement for processing
that meet all the requirements contained in Section 17.83.030(A)(12 and/or
17.83.040(A)(1) shall be granted processing priority over other non-green
planning applications.
2. Expedited Building and Safety Plan Check. Any building permit
applications submitted to the Department of Planning, Building and Code
Enforcement for processing that meet all the requirements contained in
Section 17.83.030(A)(2) and/or 17.83.040(A)(2) shall be granted
processing priority over other non-green planning applications.
3. Fee Rebate for Single-family and Multi-family Residential Projects. If after
issuance of final approval of a building permit, the applicant submits proof
of final certification by "Build It Green" indicating that the residence has
been certified as a "green building", the applicant shall be granted a rebate
of 50% of all planning permit, plan check and building permit application
fees paid to Department of Planning, Building and Code Enforcement. Any
fees paid to City consultants for review of the project (including, but not
limited to, fees paid to a City Consultant for building plan check, building
inspections, geologic review, NPDES review, etc.) shall not be refunded.
In order to receive a rebate, proof of certification by "Build It Green" shall
be submitted to the City within 90 days of building permit final.
4. Fee Rebate for Non-residential Projects. If after issuance of final approval
of a building permit, the applicant submits proof of final certification by
"Leadership in Energy and Design" (LEED) indicating that the residence
has been certified as a "preen building", the applicant shall be granted a
rebate of 50% of all planning permit, plan check and building permit
application fees paid to Department of Planning, Building and Code
Enforcement. Any fees paid to City consultants for review of the project
(including but not limited to fees paid to a City Consultant for building plan
check, building inspections, _ epic review, NPDES review, etc.) shall
not be refunded. In order to receive a rebate, proof of certification by
LEED shall be submitted to the City within 90 days of building permit final.
P.C. Resolution No. 2008-31
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Section 17.83.030 "GreenBuilding" Application Reguirements for obtaining
Sinp/e-fa ily and Muld-family Projects
A. Property Owners that choose to participate in the City's Green Building Program
for single-family or multi-family residential projects shall comply with the following
requirements:
1. In conjunction with submittal of a planning application for a new residence or
a major "green"renovation/remodel, that meets the minimum requirements for
obtaining green" certification, the property owner shall provide all of the
following to the Director.
a. A Letter of Intent to Participate in the Rancho Palos Verdes
Green Building Program, which shall include the following;
i. The project address; and
ii. A statement from the property owner(s) stating that
they have designed and will construct or
renovate/remodel a home according to the City's
minimum "Green Points Rated"requirements; and
iii. A statement acknowledging that compliance is
voluntary and benefits will only be -granted upon proof
of final certification by "Build It Green" and
acceptance of said certification by the Director,- and
b. Documentation that the services of a "Certified Green Building
Professional" (CGBP), or an accredited professional through a
similarly recognized program subject to the approval of the
Director has been retained and
C. A_ _copy of the posed "Green Points Checklist" and any
additional supporting documentation indicating how the project
will achieve the minimum of 50 points required to become "Green
Point Rated".
2. Upon submittal of "preen building construction" plan, which have been
approved by the City's Planning Department into Building and Safety Plan
Check, the property owner shall ensure that:
a. The submitted building plans and documents indicate in the
general notes and/or individual detail drawings, the green building
measures employed to become "Green Point Rated."
P.C. Resolution No. 2008-31
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b. A copy of the "GreenPoints Checklist"shall be incorporated in the
building plans; and
C. The services of a "GreenPoints Rator" or an accredited third-
party professional through a similarly recognized program subject
to the approval of the Director, has been retained to conduct on-
site inspections throughout the construction process to verify that
the ".green" measures set forth in the "GreenPoints Checklist"
have been implemented to achieve a minimum of 50 points.
Section 17. 3804 "GreenBuilding" Application Reguirements for Commercial,
Institutional an /or Mixed-Use Projects
A. Property Owners that choose to participate in the City's Green Building Program
for commercial, institutional and/or mixed-use projects shall comply with the
followingreguirements:
1. In conjunction with submittal of a planning application for a new
development proiect or a major "preen"renovation/remodel that meets the
minimum requirements for obtaining "green" certification, the property
owner shall provide all of the following to the Director
a. A Letter of Intent to Participate in the Rancho Palos Verdes Green
Building Program which shall include the following;
i. The proiect address; and
ii. A statement from the property owner indicating that
they have designed and intend to construct or
renovate/remodel a commercial institutional and/or
mixed-use project according to the minimum
"Leadership in Energy and Environmental DesLgn
(LEED) Certified"requirements; and
iii. Acknowledgement that compliance is voluntary and
benefits will only be .granted upon proof of final
certification by a "LEED" accredited professional and
approval by the Director,' and
b. Documentation that the services of a "LEED" accredited
professional, or an accredited professional through a similarly
recognized_program subject to the approval of the Director prior to
submittal of an application, has been retained; and
C. A copy of the "LEED"checklist and any supporting documentation
indicating how the proiect will achieve a minimum "LEED" rating
of"Certified."
R.C. Resolution No. 2008-31
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2. Upon submittal of planning approved "preen building construction" plans
into Building and Safety Plan Check, the property owner shall ensure that.
a. The submitted building plans and documents specify in the
general notes and/or individual detail drawings, the preen building
measures employed to become "LEED Certified." A copy of the
"LEED" checklist shall be incorporated in the buildinq plans. The
"LEED" checklist shall be prepared, signed, and dated by the
project "LEED"accredited professional, and
b. The services of a "LEED" accredited professional, or an
accredited third-party professional through a similarly recognize
program subject to the approval of the Director, has been retained
to conduct on-site inspections throughout the construction
process to verify that the "preen"measures set forth in the "LEED"
checklist have been implemented to achieve a minimum LEED
level of"Certified and
C. The project has been registered with the relevant LEED rating
program.
Section 17.83.050 Application Procedures for Renewable Energy Systems
L11hotovoltaic and Solar Water Heating)
A. This section provides standards and procedures for permitting renewable energy
systems, such as Photovoltaic (Solar Panels) and/or Solar Water Heating
Systems, within all zoning districts.
1. Roof-mounted Renewable Energy Systems.
a. Any roof-mounted renewable energy s sy tems, which do not exceed the
maximum building heigh_permitted by this Title, may be installed after the
applicable Building and Safety permits have been obtained from the Citi
b. Any roof mounted renewable energy systems, which exceed the maximum
building height listed in this Title, may be permitted upon determination by
the Director, through a minor site plan review application, that the
equipment and/or features will not significantly impair a view from the
viewing area, as defined in Section 17.02 (Single-Family Residential
Districts), of another property.
2. Ground-mounted Energy Systems. Installation of renewable energy systems
are permitted in any zoning district through a Minor Site Plan Review
application, provided that such systems do not encroach into a setback area
or exceed twelve (12) feet in height, as measured from existing grade.
P.C. Resolution No. 2008-31
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3. Renewable EnergZSystems on Extreme Slopes. Installation of renewable
energy systems are permitted to be constructed on an extreme slope without
the need for an Extreme Slope Permit.
Section 9 "Section 17.76.150 Small wind energy systems" is hereby moved in
its entirety with no modifications and re-titled as "Section 17.83.060 Small wind energy
systems."
Section a Section 17.02.040(A)(5) of Title 17 is hereby revised to read as
follows (the underlined text represents new language and deleted text is ):
Section 9e Section 17.02.040(A)(5) of Title 17 is hereby revised to read as
follows (the underlined text represents new language and deleted text is StFiketFo g ):
Section 17.02.040(A)(5) View preservation and restoration
"Lot coverage" means that portion of a lot or building site which is occupied by
any building or structure, including courtyards which are fully enclosed or which have a
maximum of one exterior entrance; trellises; decks over thirty inches in height (as
measured from existing adjacent grade); parking areas, 9F driveways; or impervious
surfaces (impervious surfaces less than 5 feet in width and/or one patio area less than
500 square feet in area shall be excluded from the lot coverage calculation.) (The lot
coverage of a courtyard which is not fully enclosed shall be calculated by the director as
if it were fully enclosed by drawing an imaginary line between the walls on either side of
the entrance of the courtyard. When the walls on either side of the entrance are of
uneven length, the imaginary line shall be an extension of the end of the wall on the
shortest side of the courtyard, see diagram below).
Section 10: Section 17.96.1020 (Definitions — Landscaping) of Title 17 is
hereby revised to read as follows (the underlined text represents new language and
deleted text is striketrio g ):
Section 17.96.1020 (Definitions— Landscaping)
"Landscaping" means the planting and continued maintenance of ornamental
plant material; the installation, use and continued maintenance of a permanent irrigation
system; the continued maintenance of ornamental rock gardens or rockscape,
not including natural soil or earth, and/or artificial landscaping provided the underl nnq
sub-surface is pervious to allow for percolation.
Section 11: Section 17.48.050(A)(3) (Building Height) of Title 17 is hereby
revised to read as follows (the underlined text represents new language and deleted
text is 0):
Section 17.48.050(A)(3) .Building Height
P.C. Resolution No. 2008-31
Page 7 of 11
In residential zoning districts, skylights, and vents/ducts required by
the Uniform Building Code, may exceed the height limits prescribed in this chapter,
upon determination by the director, through a site plan review application, that the
skylights, Hale and/or vents/ducts will not exceed the maximum ridgeline of the
existing residence and will not cause significant view impairment from adjacent
property, as defined in Section 17.02 (Single-Family Residential Districts). Chimneys,
which can be safely erected and maintained at a height which exceeds the maximum
ridgeline of a residence, may be approved by the director, pursuant to the requirements
of the building code.
Section 12: Section 17.48.050(5) (Building Height) of Title 17 is hereby revised
to read as follows (the underlined text represents new language and deleted text is
c+riLo+rnreh):
Section 17.48.050(8) Building Height
Any roof mounted equipment and/or architectural features, excluding renewable enerW
systems such as photovoltaics stems solar panels) and/or solar water heating
systems, which are addressed in Section 17.83.050 of the RPVMC, Sieh that exceed
the maximum building height listed in the district development standards and wish that
do not meet the review criteria listed in Section 17.48.050(A) of this chapter may be
permitted upon determination by the planning commission, through a site plan review
application, that the equipment and/or features:
1. May be erected above the height limits pursuant to the requirements of the
building code; and
2. Will not cause significant view impairment from adjacent property, as
defined in Section 17.02 (Single-Family Residential Districts),.
Section 1 : Section 17.48.060 (Extreme Slope) of Title 17 is hereby revised to
add the following subsection to read as follows (the underlined text represents new
language):
Section 17.48.060 Extreme Slope.
(H) Renewable Energy sty erns (Photovoltaic and Solar Water Heating) per Section
.17.83.050.
Section 1 : Section 17.76.060(A) (Extreme Slope Permit) of Title 17 is hereby
revised to read as follows (the underlined text represents new language and deleted
text is st-ri r-eugh):
Section 17.76.060(A) Extreme Slope Permit
Purpose. This chapter provides standards and procedures for permitting within
residential districts the minor encroachments of accessory structures onto extreme
P.C. Resolution No. 2008-31
Page 8 of 11
slopes (thirty-five percent or more), which are not zoned open space hazard and where
such slopes constitute the only reasonable area for development. Extreme Slope
Permits are not required for renewable energy systems such as photovoltaic systems
(solar panels) and/or solar water heating systems, which are addressed in Section
17.83.050 of the RPVMC.
Section 1 : Section 17.76.060(5) (Extreme Slope Permit) of Title 17 is hereby
revised to read as follows (the underlined text represents neve language and deleted
text is stFiketre gl ):
Section 17.76.060(8) Extreme Slope Permit
Scope. The director may grant extreme slope permits for the following uses only:
1. Decks, which extend or cantilever a maximum of six feet into the extreme slope
area, as measured on a horizontal plane from the top or toe of the slope;
2. SelaF panels er whiGh extend a maximum of twelve feet t4e-ex#eme
and
2. Flag poles up to sixteen feet in height, as measured from the grade adjacent to
the flag pole base to the top of the flag pole, upon a finding by the director that no
significant impact on views from surrounding properties would result.
Section 16: Section 17.14.030(P) (Commercial Limited (CL) District) of Title 17
is hereby revised to read as follows (the underlined text represents new language and
deleted text is stFo et.-- gh :
Section 17.14.030 Uses and development permitted by conditional use permit.
P. Small wind energy systems, pursuant to Section 17.76.159
17.83.060 (Small wind energy systems); and,
Section 17: Section 17.16.030(T) (Commercial Neighborhood (CN) District) of
Title 17 is hereby revised to read as follows (the underlined text represents new
language and deleted text is sty+ h):
Section 17.16.030 Uses and development permitted by conditional use permit.
T. Small wind energy systems, pursuant to Section 17.7-6.150
17.83.060 (Small wind energy systems); and,
Section 18: Section 17.18.030(1) (Commercial Professional (CP) District) of
Title 17 is hereby revised to read as follows (the underlined text represents new
language and deleted text is sfr+6 trot�gla).
Section 17.18.030 Uses and development permitted by conditional use permit.
P.C. Resolution No. 2008-31
Page 9 of 11
I. Small wind energy systems, pursuant to Section 17.76.150
17.83.060 (Small wind energy systems); and,
Section 19: Section 17.20.030(W) (Commercial General (CG) District) of Title
17 is hereby revised to read as follows (the underlined text represents new language
and deleted text is ket-reugh):
Section 17.20.030 Uses and development permitted by conditional use permit.
W. Small wind energy systems, pursuant to Section 17.76.150
17.83.060 (Small wind energy systems); and,
Section 20: Section 17.26.030(N) (Institutional (1) District) of Title 17 is hereby
revised to read as follows (the underlined text represents new language and deleted
text is
Section 17.26.030 Uses and development permitted by conditional use permit.
N. Small wind energy systems, pursuant to Section 17.76.150
17.83.060 (Small wind energy systems); and,
Section 21: Section 17.28.030(G) (Cemetery (C) District) of Title 17 is hereby
revised to read as follows (the underlined text represents new language and deleted
text is sari ):
Section 17.28.030 Uses and development permitted by conditional use permit.
G. Small wind energy systems, pursuant to Section 17�0
17.83.060 (Small wind energy systems); and,
Section 2: Section 17.34.040(H) (Open Space Recreation (OR) District) of
Title 17 is hereby revised to read as follows (the underlined text represents new
language and deleted text is stFiketFeugh):
Section 17.34.040 Uses and development permitted by conditional use permit.
H. Small wind energy systems, pursuant to Section 17.76.150
17.83.060 (Small wind energy systems); and,
Section : The rights given by any approval granted under the terms of Title 17
of the Rancho Palos Verdes Municipal Code prior to the effective date of the adoption of
said ordinance shall not be affected by the amendments to Title 17 by this ordinance
and shall continue in effect until and unless they are modified, revoked, expired or are
otherwise terminated according to the terms of the approval or the terms of Title 17 as
they existed prior to the effective date of this ordinance.
P.C. Resolution No. 2008-31
Page 10 of 11
Section 24: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of the adoption of said ordinance and to all development applications that
have not been decided upon prior to the effective date of the adoption of said ordinance.
Section 5: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance amending Title 17 of the City's Municipal Code to
establish a voluntary Green Building Program and establish mandatory green practices
and development standards for all proposed construction.
PASSED, APPROVED, AND ADOPTED this 9t" day of September 2008, by the
following vote:
AYES: Commissioner Knight, Ruttenberg, Tetreault, Tomblin, Vice Chairman Lewis,
Chairman Perestam
NOES: None
ABSTENTION: None
ABSENT: Commissioner Gerstner
RECUSALS: None
Stephim Perestam
Chairman
Joel NaA, AICP
Direcor o Planning, uilding
and Co Enforcement; and,
Secretary to the Planning Commission
P.C. Resolution No. 2008-31
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