Rancho Palos Verdes Municipal Code Ch. 17.83 Green Building Construction

This chapter establishes the incentives and procedures for participation in the city's voluntary green building program. In addition, this 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, multifamily residential, commercial, institutional and mixed-use projects 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 the minimum requirements for obtaining certified recognition of a green building within the city.

(Code 1981, § 17.83.010; Ord. No. 481, § 8(part), 2008)

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)(1) 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 building permit applications.

3. Fee rebate for single-family and multifamily 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 percent 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 nonresidential 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 green building, the applicant shall be granted a rebate of 50 percent 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 LEED shall be submitted to the city within 90 days of building permit final.

(Code 1981, § 17.83.020; Ord. No. 481, § 8(part), 2008)

• Green building application requirements for obtaining single-family and multifamily projects.

A. Property owners that choose to participate in the city's green building program for single-family or multifamily residential projects shall comply with the following requirements:

1. In conjunction with submittal of a planning application for a new residence or a major renovation/remodel (whereby more than 50 percent of the existing interior and/or exterior walls are removed), 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 city green building program, which shall include the following:

i. The project address;

ii. A statement from the property owners 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 proposed Green Points Checklist and any additional supporting documentation indicating how the project will achieve the minimum points required to become Green-Point Rated.

2. Upon submittal of a green building construction plan, which has 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;

b. A copy of the Green Points Checklist shall be incorporated in the building plans; and

c. The services of a Green Points Rator, or an accredited third-party professional through a similarly recognized program that has been approved by the director, has been retained to conduct on-site inspections throughout the construction process to verify that the green measures set forth in the Green Points Checklist have been implemented to become Green-Point Rated.

(Code 1981, § 17.83.030; Ord. No. 481, § 8(part), 2008)

• Green building application requirements for commercial, institutional and/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 following requirements:

1. In conjunction with submittal of a planning application for a new development project or a major renovation/remodel (whereby more than 50 percent of the existing interior and/or exterior walls are removed) 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 city green building program which shall include the following;

i. The project address;

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 Design (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;

b. Documentation that the services of a LEED accredited professional, or an accredited professional through a similarly recognized program that has been approved by 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 project will achieve a minimum LEED rating of Certified.

2. Upon submittal of green building construction, plans, 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 specify in the general notes and/or individual detail drawings the green building measures employed to become LEED Certified. A copy of the LEED checklist shall be incorporated in the building plans. The LEED checklist shall be prepared, signed, and dated by the project LEED accredited professional;

b. The services of a LEED accredited professional, or an accredited third-party professional through a similarly recognized program that has been approved by the director, has been retained to conduct on-site inspections throughout the construction process to verify that the green 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.

(Code 1981, § 17.83.040; Ord. No. 481, § 8(part), 2008)

• Application procedures for renewable energy systems (photovoltaic 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. Any roof-mounted renewable energy system may be installed after the applicable building permits have been obtained from the city. Small residential rooftop solar energy systems are governed by section 15.040.070(B) of this Code.

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 12 feet in height, as measured from existing grade.

3. Renewable energy systems 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.

(Code 1981, § 17.83.050; Ord. No. 481, § 8(part), 2008; Ord. No. 574, § 4, 9-1-2015)

A. Purpose. The purposes of this section are as follows:

1. To provide for the installation and use of small wind energy systems in certain nonurbanized areas of the city to encourage the use of alternative energy sources;

2. To minimize visual impacts of wind energy towers through careful design, siting and vegetation screening;

3. To avoid damage to adjacent properties from tower failure through careful design and siting of tower structures; and

4. To ensure that wind energy towers are compatible with adjacent uses.

B. Conditional use permit required. The installation and/or operation of a small wind energy system, as defined in chapter 17.96 (Definitions) of this title, shall require a conditional use permit reviewed and approved by the planning commission pursuant to the procedures set forth in chapter 17.60 (Conditional Use Permits). Except as modified by the provisions of this section, all applications for a conditional use permit for a small wind energy system shall comply with the procedures set forth in chapter 17.60 (Conditional Use Permits).

C. Permissible zones. The development of small wind energy systems shall be permitted in the following zones on lots that are one acre or greater in size: CL (Commercial Limited), CN (Commercial Neighborhood), CP (Commercial Professional), CG (Commercial General), I (institutional), C (Cemetery) and OR (Open Space Recreation).

D. Requirements. Each small wind energy system shall comply with the following requirements:

1. Lot size. A small wind energy system may be installed on a lot with a minimum size of one acre.

2. Tower height. Tower height, as defined in chapter 17.96 (Definitions) shall be measured from lowest finished grade immediately adjacent to the base of the tower. For parcels between one acre and five acres in size, tower height shall be no more than 65 feet. For parcels greater than five acres, tower height shall be no more than 80 feet. Under no circumstances may the height of a tower exceed the height recommended by the manufacturer or distributor of the system. The application shall include evidence that the proposed height of the system does not exceed the manufacturer's recommended height for the system.

3. Setbacks. All small wind energy systems shall comply with the following setback requirements:

a. At a minimum, a wind energy system shall be set back from any property line a distance equal to the height of the system. No part of the system, including guy wire anchors, shall extend closer than 30 feet to any property line. In addition, all setbacks comply with applicable fire setback requirements pursuant to Public Resources Code § 4290 or its successor statute.

b. Placement of more than one tower on a lot may be permitted, provided that all setbacks and all other standards set forth in this section are met by each tower.

c. The towers may be located as close to each other as is technically feasible.

d. Any accessory structures used in association with the towers shall meet the setbacks required in the applicable zoning district.

4. Turbine. Any wind energy system installed pursuant to this section must have a turbine. The system's turbine must be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Energy Commission's Renewables Investment Plan or certified by a national program recognized by the Energy Commission.

5. Noise level. Noise levels for the system shall be no greater than either 60 decibels measured at the closest neighboring inhabited dwelling or any existing maximum noise levels in the general plan, whichever is lower. The noise levels established by this subsection shall not apply during short-term events such as utility outages and severe windstorms.

6. Safety standards. A small wind energy system installed pursuant to this section must be designed to meet the most stringent wind requirements (as established by the California Building Code), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with soil strength of not more than 1,000 pounds per square foot. The application shall include evidence sufficient to demonstrate the system complies with these standards.

7. Roof mounting prohibited. A small wind energy system may not be mounted on the roof of any structure.

8. Aviation regulations. The system shall comply with all applicable requirements imposed by the Federal Aviation Administration (FAA), including subpart B (commencing with section 77.11) of part 77 of title 14 of the Code of Federal Regulations, and the State Aeronautics Act (Public Utilities Code § 21001 et seq.).

9. Primary use. A wind energy system installed pursuant to this section shall be used primarily to reduce onsite consumption of utility power.

10. Visual impacts. A wind energy system may not impair a view from an adjoining property or create other adverse aesthetic impacts on adjacent properties. The applicant shall demonstrate that the tower will comply with all applicable provisions of section 17.02.040 (View preservation and restoration) of this title. The applicant shall further demonstrate that the tower can be expected to have the least visual impact on the environment, taking into consideration technical, engineering, economic, and other pertinent factors. Towers clustered on the same site shall be of similar height and design whenever possible.

11. Maintenance impacts. The applicant shall describe anticipated maintenance needs for each wind energy system requested, including the frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

12. Parking. A minimum of two parking spaces shall be provided on each site. An additional parking space for each two employees shall be provided at facilities that require on-site personnel. Storage of vehicles or equipment on a site housing a small wind energy system requires approval of the director or planning commission. Vehicle and equipment storage must conform to landscape and screening requirements.

13. Landscaping. The applicant shall provide a landscape plan to be approved by the director or planning commission. The plan shall note specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers, accessory uses and stored equipment. Native vegetation shall be preserved to the greatest extent practicable and incorporated into the landscape plan.

14. Accessory uses. Accessory uses shall include only such buildings and facilities permitted by the underlying zoning or necessary for the operation and maintenance of the wind energy system.

15. Application of underlying zoning standards. Except as otherwise provided by this section, a small wind energy system shall comply with all applicable development standards for the underlying zone to the extent such standards do not conflict with paramount federal or state law.

16. Coordination with electric utility service provider. Unless the applicant does not intend to connect the wind energy system to the electricity grid, the applicant shall demonstrate that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected, customer-owned electricity generator.

E. Prohibited sites. A small wind energy system shall not be allowed on any of the following locations:

1. A small wind energy system shall not be allowed on any site subject to the city's coastal specific plan and/or the California Coastal Act (commencing with of the Public Resources Code § 30000).

2. A small wind energy system shall not be permitted on any site that is listed on the National Register of Historic Places or the state register of historical resources pursuant to Public Resources Code § 5024.1.

3. A small wind energy system shall not be permitted on any parcel that is part of an open space easement entered into pursuant to Civil Code div. 2, pt. 2, title 2, ch. 4 (Civil Code § 815 et seq.).

4. A small wind energy system shall not be permitted on any parcel that is part of an open space easement entered into pursuant to the Open-Space Easement Act of 1974, Government Code title 5, div. 1, pt. 1, ch. 6.6 (Government Code § 51070 et seq.).

5. A small wind energy system shall not be permitted on any site designated as an Alquist-Priolo Hazard Zone pursuant to the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code § 2621 et seq.).

F. Requirements for application. Each application for a small wind energy system shall include the following information:

1. A completed conditional use permit application on a form prescribed by the department of planning, building and code enforcement;

2. Site plan to scale, specifying the location of the tower, guy wires, equipment building and other accessory uses, access, parking, fences, landscaped areas and screening;

3. Scaled elevation plans of the proposed tower, equipment building, and other accessory uses and related landscaping and screening;

4. Standard drawings and an engineering analysis of the tower showing compliance with the California Building Code or the California Building Standards Code (BSC), and certification by a professional mechanical, structural or civil engineer licensed by the state;

5. A line drawing of the electrical components of the system in sufficient detail to show that the manner of installation conforms with the National Electrical Code and evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected, customer-owned electricity generator;

6. Evidence demonstrating that the proposed height of the wind energy system does not exceed the manufacturer's recommended height for the system;

7. Sufficient evidence of the structural integrity of the tower demonstrating compliance with the safety standards set forth in subsection (D)(6) of this section;

8. An affidavit that the primary purpose of the wind energy system is to reduce onsite consumption of utility power;

9. A completed environmental assessment application;

10. A scaled landscape plan indicating size, spacing and type of plantings as required in subsection (D)(13) of this section;

11. Any additional information requested by the director and reasonably necessary to evaluate the application.

G. Notice. Notwithstanding the notice provisions of section 17.60.040 (Public Hearing), notice of any application for a conditional use permit for a wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located.

H. Findings. In addition to the findings required by section 17.60.050 (Findings and Conditions) of this title, the planning commission may grant a conditional use permit for a small wind energy system only if it finds:

1. The wind energy system will not impair a view from an adjoining property or create other adverse aesthetic impacts on adjacent properties; and

2. The wind energy system complies with all applicable safety requirements and will not expose the public to any undue safety risk.

I. Appeal. The decision of the planning commission may be appealed to the city council in accordance with the procedure set forth in section 17.80.070 (Appeal to city council) of this title.

(Code 1981, § 17.83.060; Ord. No. 377, § 2, 2002; Ord. No. 481, § 9, 2008)