HomeMy WebLinkAboutSS2 - Solar Energy System InstallationsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. SS2
October 26, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Fern Nueno, Assistant Planner
949 - 644 -3227, fnueno @newportbeachca.gov
SUBJECT: Solar Energy System Installations
ISSUE
The Council requested the preparation of a report on the regulation of solar energy
systems. The State passed legislation in 2005 that encourages solar installations for
residential and commercial uses and puts limits on local government's traditional
regulatory authority. This report explores those limits and areas, where the City may
impose meaningful regulations.
RECOMMENDATION
Explore and discuss ways to provide meaningful oversight of solar energy systems.
DISCUSSION
Solar Rights Act
Assembly Bill 2473 ( "AB 2473 ") went into effect on January 1, 2005, and was codified in
Government Code Section 65850.5, Health and Safety Code Section 17959.1, and Civil
Code Section 714 (Attachment No. CC 1). This legislation is part of the Solar Rights
Act that was originally adopted in 1978. The legislative intent is to encourage the
installation of solar energy systems by removing obstacles to, and minimizing costs of,
permitting for such systems (Government Code Section 65850.5).
Subject to the exception discussed in the following paragraph, this legislation requires
the City to administratively approve applications for solar energy systems through the
issuance of a building permit or other nondiscretionary permit. Design review for
aesthetic purposes is not consistent with the Solar Rights Act and is specified as an
unreasonable barrier to the installation of solar energy systems. Review of solar energy
system applications by the City is limited to the Building Official's determination of
Solar Energy System Installations
October 26, 2010
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whether it meets all health and safety requirements of local, state, and federal law. The
requirements of local law are limited to those standards and regulations necessary to
ensure that the solar energy system will not have a specific adverse impact to public
health or safety.
One exception to the administrative approval process requirement allows the City to
require an applicant to apply for a use permit if the City has a good faith belief that the
solar energy system could have a specific adverse impact on public health or safety.
However, the City cannot deny the use permit unless it makes written findings based on
substantial evidence in the record that the proposed installation would have a specific,
adverse impact on the public health or safety, and there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. Aesthetic concerns or
impacts to views would not be considered health or safety impacts based on the
legislative intent of AB 2473.
AB 2473 also limits the ability of homeowners associations to restrict the use of solar
energy systems by only permitting "reasonable restrictions" and then defining such
restrictions as those that do not decrease the efficiency (20 percent for solar water
heating systems and photovoltaic systems) or increase cost ($2,000 for photovoltaic
systems).
Existing City Policy and Regulation
The Newport Beach General Plan contains policies that promote energy efficiency and
the use of renewable energy sources, which includes solar energy. Attachment No. CC
2 contains a list of these relevant policies. These policies do not provide specific
guidance for the use of solar photovoltaic systems.
The Zoning Code does not contain any specific regulation for solar energy systems,
except an allowance for height subject to the approval of a modification permit. Solar
energy systems would be considered structures and would be required to comply with
typical zoning standards (e.g., height, setbacks). However, in the light of AB 2473,
these standards are not easily enforced. Locating a solar energy system on the roof of
a building would not need to comply with height limits unless it was demonstrated to
create an adverse impact to health or safety. Also, a solar energy system need not
comply with setbacks unless it is demonstrated that noncompliance creates a health
and safety impact (i.e., impedes emergency access to structures).
The Building and Fire Departments review solar energy system plans for compliance
with pertinent Building, Electrical /Mechanical /Plumbing (EMP), and Fire Codes and
provide handouts with guidelines to facilitate the plan check process. The Building
Department's review includes verification of the occupancy, number of stories, square
footage of the solar panel arrays, existing framing to support additional weight of the
solar panels and their supports with anchorage to the roof, and a lateral analysis when
the existing earthquake resisting construction is over loaded. The EMP review includes
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October 26, 2010
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examining plans and technical specifications for compliance with the adopted codes.
The Fire Department's review is intended to secure firefighter safety by ensuring
labeling of solar conductors and panels, providing disconnects, and maintaining
structurally stable pathways for access and smoke ventilation.
Implementing AB 2473
Since the new legislation became effective in 2005, some California cities and towns
have adopted voluntary programs that provide incentives for projects to improve
aesthetics. The City of Santa Barbara has adopted voluntary design guidelines and a
Solar Recognition Program, where projects that adhere to the design guidelines are
given over the counter permit review and special recognition by City Council. The Town
of Ross reduces fees for projects that comply with voluntary design standards. The City
of Irvine encourages installations on all parcels and requires ground mounted systems
to adhere to all setbacks and height requirements. In addition, they require the system
to be screened from view provided the screening does not compromise solar access.
Roof mounted systems must comply with height limits and system appurtenances are
required to be painted to match the structure that they are mounted on.
The City of Santa Monica established installation guidelines and allowed roof mounted
systems to exceed height limits by five feet for single - family homes and seven feet for
other properties. Solar energy systems are also allowed within required setbacks, but
must maintain a minimum of two feet to any property line. Solar energy systems are
required to be installed in the location that is least visible from public streets as long as
the location does not significantly decrease the energy performance as compared to a
more visible location (single - family home installations are exempt). Santa Monica
provides for administrative approval for projects that meet code requirements and they
allow installations that do not meet these criteria if approved by the Architectural Review
Board. The Santa Monica ordinance is provided as Attachment No. CC 3.
Newport Beach Options
The City can adopt regulations to avoid health and safety impacts, but the City cannot
adopt regulations based on aesthetics. The City could adopt regulations to address
health and safety issues such as emergency access, water quality, air quality, drainage,
glare, and sight distance. In order to be consistent with AB 2473, unless specific
findings as to potential adverse impacts to health and safety can be made, the review
process would have to be administrative (i.e., building permit) and the City could not
require a use permit. If an ordinance is adopted, it could address what types of
installations have the potential for health and safety impacts and require a use permit
for those installations. This ordinance would have to include findings that those
installations would have a specific, adverse impact on public health or safety, and the
City could not deny the use permit unless it makes a finding that the installation creates
a specific, adverse health and safety impact that could not be mitigated.
Solar Energy System Installations
October 26, 2010
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To address aesthetics in a manner consistent with AB 2473, the City has the option to
set up voluntary design standards and offer incentives for meeting those standards,
similar to the City of Santa Barbara. Voluntary standards could include specific
examples of appropriately designed and located installations (i.e., screened equipment,
adhere to height limits, adhere to setbacks). Incentive options include fee waivers,
expedited plan check, or public recognition.
Summary
The Legislature clearly intended to limit the ability of cities to review solar energy
system installations. Staff recommends establishing a program that promotes the use
of solar energy systems while ensuring public health and safety. The program should
include the establishment of mandatory regulations that are based on avoiding health
and safety impacts and could include voluntary design guidelines for improved design
with incentives to follow the guidelines.
Environmental Review
This action is covered by the general rule that the California Environmental Quality Act
(CEQA) applies only to projects that have the potential for causing a significant effect on
the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with
certainty that there is no possibility that this discussion item will have a significant effect
on the environment. Therefore, this activity is not subject to CEQA.
Public Notice
This agenda item has been noticed according to the Ralph M. Brown Act; 72 hours in
advance of the public meeting at which the City Council considers the item. The agenda
item was posted at City Hall and on the City's website.
Prepared by:
FrrNeno
Assistant Planner
Attachments:
Submitted by:
d
James W. Campbell
Acting Planning Director
CC 1 — Government Code Section 65850.5, Health and Safety Code
Section 17959.1, California Civil Code Section 714, and
California Civil Code Section 801.1
CC 2 — Relevant General Plan Policies
CC 3 — City of Santa Monica Ordinance
Attachment No. CC 1
Government Code Section 65850.5,
Health and Safety Code Section 17959.1,
California Civil Code Section 714, and
California Civil Code Section 801.1
Government Code Section 65850.5
65850.5. (a) The implementation of consistent statewide standards to achieve the
timely and cost - effective installation of solar energy systems is not a municipal affair, as
that term is used in Section 5 of Article XI of the California Constitution, but is instead a
matter of statewide concern. It is the intent of the Legislature that local agencies not
adopt ordinances that create unreasonable barriers to the installation of solar energy
systems, including, but not limited to, design review for aesthetic purposes, and not
unreasonably restrict the ability of homeowners and agricultural and business concerns
to install solar energy systems. It is the policy of the state to promote and encourage the
use of solar energy systems and to limit obstacles to their use. It is the intent of the
Legislature that local agencies comply not only with the language of this section, but
also the legislative intent to encourage the installation of solar energy systems by
removing obstacles to, and minimizing costs of, permitting for such systems.
(b) A city or county shall administratively approve applications to install solar energy
systems through the issuance of a building permit or similar nondiscretionary permit.
Review of the application to install a solar energy system shall be limited to the building
official's review of whether it meets all health and safety requirements of local, state,
and federal law. The requirements of local law shall be limited to those standards and
regulations necessary to ensure that the solar energy system will not have a specific,
adverse impact upon the public health or safety. However, if the building official of the
city or county has a good faith belief that the solar energy system could have a specific,
adverse impact upon the public health and safety, the city or county may require the
applicant to apply for a use permit.
(c) A city or county may not deny an application for a use permit to install a solar energy
system unless it makes written findings based upon substantial evidence in the record
that the proposed installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact. The findings shall include the basis for the rejection of
potential feasible alternatives of preventing the adverse impact.
(d) The decision of the building official pursuant to subdivisions (b) and (c) may be
appealed to the planning commission of the city or county.
(e) Any conditions imposed on an application to install a solar energy system shall be
designed to mitigate the specific, adverse impact upon the public health and safety at
the lowest cost possible.
(f) (1) A solar energy system shall meet applicable health and safety standards and
requirements imposed by state and local permitting authorities. (2) A solar energy
system for heating water shall be certified by the Solar Rating Certification Corporation
(SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third
party supported by the United States Department of Energy. The certification shall be
for the entire solar energy system and installation. (3) A solar energy system for
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producing electricity shall meet all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters Laboratories and,
where applicable, rules of the Public Utilities Commission regarding safety and
reliability.
(g) The following definitions apply to this section: (1) "A feasible method to
satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited
to, any cost - effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior successful application for a
permit. A city or county shall use its best efforts to ensure that the selected method,
condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph
(1) of subdivision (d) of Section 714 of the Civil Code. (2) "Solar energy system" has
the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.11
of the Civil Code. (3) A "specific, adverse impact' means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified, and written public health
or safety standards, policies, or conditions as they existed on the date the application
was deemed complete.
Health & Safety Code Section 17959.1
17959.1. (a) A city or county shall administratively approve applications to install solar
energy systems though the issuance of a building permit or similar nondiscretionary
permit. However, if the building official of the city or county has a good faith belief that
the solar energy system could have a specific, adverse impact upon the public health
and safety, the city or county may require the applicant to apply for a use permit.
(b) A city or county may not deny an application for a use permit to install a solar energy
system unless it makes written findings based upon substantial evidence in the record
that the proposed installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact. This finding shall include the basis for the rejection of potential
feasible alternatives of preventing the adverse impact.
(c) Any conditions imposed on an application to install a solar energy system must be
designed to mitigate the specific, adverse impact upon the public health and safety at
the lowest cost possible.
(d) (1) A solar energy system shall meet applicable health and safety standards and
requirements imposed by state and local permitting authorities. (2) A solar energy
system for heating water shall be certified by the Solar Rating Certification Corporation
(SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third
party supported by the United States Department of Energy. The certification shall be
for the entire solar energy system and installation. (3) A solar energy system for
producing electricity shall meet all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
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Engineers, and accredited testing laboratories such as Underwriters Laboratories and,
where applicable, rules of the Public Utilities Commission regarding safety and
reliability.
(e) The following definitions apply to this section: (1) "A feasible method to
satisfactorily mitigate or avoid the specific, adverse impact' includes, but is not limited
to, any cost effective method, condition, or mitigation imposed by a city or county on
another similarly situated application in a prior successful application for a permit. A city
or county shall use its best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of
subdivision (d) of Section 714 of the Civil Code. (2) 'Solar energy system" has the
meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
Civil Code. (3) A "specific, adverse impact' means a significant, quantifiable, direct,
and unavoidable impact, based on objective, identified, and written public health or
safety standards, policies, or conditions as they existed on the date the application was
deemed complete.
California Civil Code Section 714
(a) Any covenant, restriction, or condition contained in any deed, contract, security
instrument, or other instrument affecting the transfer or sale of, or any interest in, real
property, and any provision of a governing document, as defined in subdivision Q) of
Section 1351, that effectively prohibits or restricts the installation or use of a solar
energy system is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on
solar energy systems. However, it is the policy of the state to promote and encourage
the use of solar energy systems and to remove obstacles thereto. Accordingly,
reasonable restrictions on a solar energy system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
specified performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
(c) (1) A solar energy system shall meet applicable health and safety standards and
requirements imposed by state and local permitting authorities. (2) A solar energy
system for heating water shall be certified by the Solar Rating Certification Corporation
(SRCC) or other nationally recognized certification agencies. SRCC is a nonprofit third
party supported by the United States Department of Energy. The certification shall be
for the entire solar energy system and installation. (3) A solar energy system for
producing electricity shall also meet all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters Laboratories and,
where applicable, rules of the Public Utilities Commission regarding safety and
reliability.
Page 3
(d) For the purposes of this section: (1) (A) For solar domestic water heating systems
or solar swimming pool heating systems that comply with state and federal law,
"significantly" means an amount exceeding 20 percent of the cost of the system or
decreasing the efficiency of the solar energy system by an amount exceeding 20
percent, as originally specified and proposed. (B) For photovoltaic systems that
comply with state and federal law, "significantly" means an amount not to exceed two
thousand dollars ($2,000) over the system cost as originally specified and proposed, or
a decrease in system efficiency of an amount exceeding 20 percent as originally
specified and proposed. (2) "Solar energy system" has the same meaning as defined
in paragraphs (1) and (2) of subdivision (a) of Section 801.5.
(e) (1) Whenever approval is required for the installation or use of a solar energy
system, the application for approval shall be processed and approved by the
appropriate approving entity in the same manner as an application for approval of an
architectural modification to the property, and shall not be willfully avoided or delayed.
(2) For an approving entity that is a homeowners' association, as defined in subdivision
(a) of Section 1351, and that is not a public entity, both of the following shall apply: (A)
The approval or denial of an application shall be in writing. (B) If an application is not
denied in writing within 60 days from the date of receipt of the application, the
application shall be deemed approved, unless that delay is the result of a reasonable
request for additional information.
(f) Any entity, other than a public entity, that willfully violates this section shall be liable
to the applicant or other party for actual damages occasioned thereby, and shall pay a
civil penalty to the applicant or other party in an amount not to exceed one thousand
dollars ($1,000).
(g) In any action to enforce compliance with this section, the prevailing party shall be
awarded reasonable attorney's fees.
(h) (1) A public entity that fails to comply with this section may not receive funds from a
state - sponsored grant or loan program for solar energy. A public entity shall certify its
compliance with the requirements of this section when applying for funds from a state -
sponsored grant or loan program. (2) A local public entity may not exempt residents in
its jurisdiction from the requirements of this section.
California Civil Code Section 801.1
(a) The right of receiving sunlight as specified in subdivision 18 of Section 801 shall be
referred to as a solar easement. "Solar easement" means the right of receiving sunlight
across real property of another for any solar energy system. As used in this section,
"solar energy system" means either of the following: (1) Any solar collector or other
solar energy device whose primary purpose is to provide for the collection, storage, anc
distribution of solar energy for space heating, space cooling, electric generation, or
water heating. (2) Any structural design feature of a building, whose primary purpose
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is to provide for the collection, storage, and distribution of solar energy for electricity
generation, space heating or cooling, or for water heating.
(b) Any instrument creating a solar easement shall include, at a minimum, all of the
following: (1) A description of the dimensions of the easement expressed in
measurable terms, such as vertical or horizontal angles measured in degrees, or the
hours of the day on specified dates during which direct sunlight to a specified surface of
a solar collector, device, or structural design feature may not be obstructed, or a
combination of these descriptions. (2) The restrictions placed upon vegetation,
structures, and other objects that would impair or obstruct the passage of sunlight
through the easement. (3) The terms or conditions, if any, under which the easement
may be revised or terminated.
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Attachment No. CC 2
Relevant General Plan Policies
Relevant General Plan Goals and Policies
Element
Polic Number
Policy Title
Policy Text
Land Use
LU 5.2.1
Architecture and Site
Require that new development within existing
Design
commercial districts centers and corridors complement
existing uses and exhibit a high level of architectural
and site design in consideration of the following
principles:
Integration of building design and site planning
elements that reduce the consumption of water,
energy, and other nonrenewable resources
Land Use
LU 6.4.10
Sustainable
Require that any development of Banning Ranch
Development Practices
achieve high levels of environmental sustainability that
reduce pollution and consumption of energy, water,
and natural resources to be accomplished through land
use patterns and densities, site planning, building
location and design, transportation and utility
infrastructure design, and other techniques. Among the
strategies that should be considered are the
concentration of development, reduction of vehicle
trips, use of alternative transportation modes,
maximized walkability, use of recycled materials,
capture and re -use of storm water on -site, water
conserving fixtures and landscapes, architectural
elements that reduce heat gain and loss, and
reservation of wetlands and other habitats.
Land Use
LU 6.15.23
Sustainable
Require that development achieves a high level of
Development Practices
environmental sustainability that reduces pollution and
consumption of energy, water, and natural resources.
This may be accomplished through the mix and density
of uses, building location and design, transportation
modes, and other techniques. Among the strategies
that should be considered are the integration of
residential with jobs - generating uses, use of alternative
transportation modes, maximized walkability, use of
recycled materials, capture and re -use of storm water
on -site, water conserving fixtures and landscapes, and
architectural elements that reduce heat gain and loss.
Housing
H 4.2
Maintain and preserve existing City housing stock and
improve energy efficiency of all housing types
(including mobile homes).
Housing
H 4.2.3
Housing Program
Should the need arise, consider using a portion of its
Community Development Block Grant funds for
establishment and implementation of an emergency
home repair program. Energy efficient products shall
be required whenever possible.
Natural Resources
NR 7.3
Incentives for Air
Provide incentives to promote siting or to use clean air
Pollution Reduction
technologies and building materials (e.g., fuel cell
technologies, renewable energy sources, UV coatings,
fuel ). (Imp 2.1, 6.1, 7.1
Natural Resources
NR 24.1
Incentives for Energy
..hydrogen
Develop incentives that encourage the use of energy
Conservation
conservation strategies by private and public
developments.
Natural Resources
NR 24.2
Energy- Efficient Design
Promote energy efficient design features (Imp 7.1)
Features
Natural Resources
NR 24.3
Incentives for Green
Promote or provide incentives for "Green Building"
Building Program
programs that go beyond the requirements of Title 24
Implementation
of the California Administrative Code and encourage
energy efficient design elements as appropriate to
achieve "green building" status. (Imp 7.1
Natural Resources
NR 24.4
Incentives for Provision
Provide incentives for implementing Leadership in
of LEED Certified
Environmental and Energy Design (LEED) certified
Buildings
building such as fee waivers, bonus densities, and /or
award recognition programs. (Imp 2.1, 7.1
Attachment No. CC 3
City of Santa Monica Ordinance
f: \atty \muni\ laws \barry\sof a rordinan ce2d071409
City Council Meeting 7 -14 -09
ORDINANCE NUMBER 2291
(City Council Series)
Santa Monica, California
(CCS)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.10.02.220, 9.04.10.02.030, 9.04.10.02.070, 9.04.10.02.140, AND 9.04.10.02.180
PERTAINING TO SOLAR ENERGY SYSTEMS DESIGN STANDARDS AND RELATED
PROVISIONS TO FACILITATE THE INSTALLATION OF SOLAR ENERGY SYSTEMS.
WHEREAS, the City has long encouraged the installation of solar energy
systems; and
WHEREAS, on January 8, 2002, the City Council approved a permit fee waiver
for solar energy systems; and
WHEREAS, on March 14, 2006, the City Council approved the Solar Santa
Monica Program, which has a goal of meeting all citywide electricity needs through a
combination of solar energy and energy efficiency by the year 2020; and
WHEREAS, on March 20, 2007, the City Council approved staffs
recommendation to grant expedited status to applications for installation of solar energy
systems; and
WHEREAS, the Sustainable City Plan has a target goal of providing 25% of
citywide electricity use from renewable sources by 2010; and
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WHEREAS, California Health and Safety Code Section 17959.1, and California
Government Code Section 65850.5 provide that a City or County shall establish a
procedure to administratively approve applications to install solar energy systems if the
system meets all health and safety requirements of local, state, and federal law; and
WHEREAS, on October 1, 2008, the Planning Commission adopted a Resolution
of Intention to initiate this Zoning Ordinance text amendment; and
WHEREAS, on November 5, 2008, the Planning Commission held a public
hearing on the proposed text amendment and recommended to the City Council that it
adopt the proposed amendment with certain specified modifications; and
WHEREAS, on March 4, 2009, the Planning Commission further discussed the
proposed ordinance and suggested other modifications; and
WHEREAS, the City Council held a public hearing on this proposed ordinance on
June 30, 2009; and
WHEREAS, the proposed ordinance is consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan in
that the proposed amendments advance the Conservation Element (1975) goal calling
for "Preservation of the ecological balance and natural resources of the city and
conservation of the energies and materials without serious interference with community
needs" and the objective to "encourage activities and efficient operations which favor
energy conservation," and is consistent with the City's Historic Preservation Element
which seeks to protect historic and cultural resources from inappropriate alterations and
ensure compliance with the California Environmental Quality Act; and
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WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed ordinance in that the Zoning
Ordinance modification will support the efforts of the Sustainable City Plan and the
Solar Santa Monica program and facilitate installation of solar energy systems,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1, Santa Monica Municipal Code Section 9.04.10.02.220 hereby
amended to read as follows:
9.04.10.02.220 Solar energy design standards.
This Section establishes ministerial development
standards for solar energy systems applicable to all solar
energy system installations. Notwithstanding Section
9.32.120, solar energy systems proposed on existing
buildings shall be exempt from review and approval by the
Architectural Review Board, provided that the installations
meet the standards in this Section. Solar energy systems
proposed as part of a larger construction project that
requires Architectural Review Board approval shall be
reviewed by the Architectural Review Board in accordance
with the standards in this Section.
4,
(a) As used in this Section, "solar energy system"
means either of the following:
(1) Any solar collector or other solar energy
device, certified pursuant to State law, along with its ancillary
equipment, whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for space
heating, space cooling, electric generation, or water heating.
(2) Any structural design feature of a building,
whose primary purpose
is to provide for
the
collection,
storage, and distribution
of solar energy
for
electricity
generation, space heating or cooling, or for water heating.
(b)
Excluding solar
collector
panels,
their
necessary
support structure,,
and conduit,
solar
energy
systems shall not be visible from the public right -of -way
adjacent to the front property line.
(c) The height of solar energy systems is subject
to the following standards:
(1) On single - family properties: Photovoltaic solar
energy systems may extend up to five feet above the height
limit in the zoning district. Solar water or swimming pool
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heating systems may extend up to seven feet above the
height limit in the zoning district;
(2) On all other properties: Photovoltaic solar
energy systems may extend up to five feet above the roof
surface on which they are installed, even if this exceeds the
maximum height limit in the district in which it is located.
Solar water or swimming pool heating systems may extend
up to seven feet above the roof surface on which they are
installed even if this exceeds the maximum height limit in the
district in which it is located.
(d) Excluding solar collector panels, solar energy
system equipment may be installed within the required side
and rear yard but shall not be closer than two feet to any
property line.
(e) Except on single - family properties, solar
collector panels, their necessary support structure, and
conduit, shall be installed in the location that is the least
visible from abutting streets directly facing the subject
property so long as installation in that location does not
significantly decrease the energy performance or
significantly increase the costs of the solar energy system as
compared to a more visible location.
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(1) For energy performance, "significantly
decrease' shall be defined as decreasing the expected
annual energy production by more than 10 percent.
(2) For the cost of solar energy systems,
"significantly increase" shall be defined as increasing the
cost of a photovoltaic solar energy system by more than
$2000 or the cost of a solar water or swimming pool heating
system by more than 20 percent.
(3) The review and determination of the cost or
energy efficiency of installation alternatives shall be made by
the City's Energy and Green Building Programs staff. The
review and determination of the least visible alternative shall
be made by the Architectural Review Board liaison.
(f) On a property containing a designated
Landmark or contributing structure to a designated Historic
District as defined in Section 9.3 6.030, solar energy systems
that meet the criteria established in this section shall be
permitted provided that a Certificate of Appropriateness is
approved by the Landmarks Commission Liaison.
(g) Proposed solar energy installations on all
property types that do not meet the standards set forth in this
Section shall not be authorized unless approved by . the
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Architectural Review Board in accordance with Chapter 9.32
prior to issuance of a building permit, except that such
installations shall be approved by the Landmarks
Commission in accordance with Chapter 9.36 when located
on a property containing a designated Landmark or
contributing structure to a designated Historic District. These
reviewing bodies may authorize installations that exceed the
height limit in the applicable zoning district by a maximum of
14 feet.
SECTION 2. Santa Monica Municipal Code Section 9.04.10.02.030 is hereby
amended to read as follows:
9.04.10.02.030 Building height and exceptions to
height limit.
(a) The maximum allowable height shall be
measured vertically from the average natural grade elevation
to the highest point of the roof. However, in connection with
development projects in the Ocean Park, R2, R3, and R4
Districts, building height shall be measured vertically from
the theoretical grade to the highest point of the roof.
(b) The following shall he permitted to exceed the
height limit in all zoning districts except the R1 District:
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(1) Vents, stacks, ducts, skylights and steeples
provided such projections do not extend more than five feet
above the permitted height in the District.
(2) Legally required parapets, fire separation
walls, and open work safety guard rails that do not exceed
forty -two inches in height.
(3) Elevator shafts, stairwells, or mechanical
room enclosures above the roofline if:
a. The enclosure is used exclusively for housing
the elevator, mechanical equipment, or stairs.
b. The elevator shaft does not exceed fourteen
feet in height above the roofline and the stairwell enclosure
does not exceed fourteen feet in height above the height
permitted in the district.
C. The area of all enclosures and other
structures identified in Section 9.04.10.02.030(b)(1) that
extend above the roofline shall not exceed twenty -five
percent of the roof area. This limitation shall not apply to
solar energy systems.
d. The mechanical equipment is screened in
conformance with Section 9.04.10.02.140.
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e. The mechanical equipment enclosure does
not exceed twelve feet in height above the height permitted
in the district.
(4) The screening required pursuant to the
provisions of Section 9.04.10.02.140 of tanks, ventilating
fans, or other mechanical equipment required to operate and
maintain the building provided the total area enclosed by all
screening does not exceed thirty percent of the roof area.
(c) The following shall be permitted to exceed the
height limit in all zoning districts:
(1) Chimneys may extend no more than five feet
above the permitted height in the district;
(2) Solar energy systems pursuant to Section
9.04.10.02.220.
(3) One standard television receive -only
nonparabolic antenna and one vertical whip antenna may
extend no more than twenty -five feet above the roofline,
provided that they are not located between the face of the
main building and any public street or in any required front or
side yard setback. All other antennas shall be subject to the
provisions of Part 9.04.10.06.
F:
SECTION 3. Santa Monica Municipal Code Section 9.04.10.02.070 is hereby
amended to read as follows:
9.04.10.02.070 Reflective materials.
No more than twenty -five percent of the surface
area of any fagade on any new building or addition to an
existing building shall contain black or mirrored glass or
other mirror -like material that is highly reflective. Materials
for roofing shall be of a nonreflective nature. The foregoing
requirements of this Section shall not apply to solar energy
systems; the design of solar energy systems shall be subject
to the standards set forth in Section 9.04.10.02.220. At least
fifty percent of the ground floor fagade on the primary street
frontage in the C2, C3, N, and C3 -C Districts shall provide
visibility to the interior of the building. Glazing on the ground
floor street frontage fagade shall be clear glass.
SECTION 4. Santa Monica Municipal Code Section 9.04.10.02.140 is hereby
amended to read as follows:
9.04.10.02.140 Screening mechanical equipment.
Other than solar energy systems as defined in
Section 9.04.10.02.220, all mechanical equipment that
extends more than twelve inches above the roof parapet
shall be screened from view. Equipment shall be screened
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from a horizontal plane on all sides with an impact resistant
wall:
SECTION 5. Santa Monica Municipal Code Section 9.04.10.02.180 is hereby
amended to read as follows:
9.04.10.02.180 Projections permitted into required yards.
Except as provided in Sections 9.04.08.02.075 and
9.04.08.02.076, the following chart sets forth the allowances
for various projections permitted into the required yards in
residential, industrial, and commercial districts. Projections
shall not be permitted closer than four feet to any property
line. Projections permitted for solar energy systems shall
comply with Section 9.04.10.02.220(d).
Projections as listed below into existing, non-
conforming yard areas shall be permitted only if the
projection does not extend closer to the property line than
would be permitted if the yard area conformed to current
standards. The various types of projections and the
limitations on such projections into required yards are as
follows:
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Projections
Eaves, awnings, canopies, sun shades, sills,
cornices, belt courses, trellises, arbors, and
other similar architectural features
Flues, chimneys, water heater enclosures,
and similar vertical architectural projects not
more than 5' wide parallel to the side yard and
that do not exceed 20% of the fagade width
Patios, porches, platforms, decks,
unexcavated side yard area, and other
unenclosed areas not covered by a roof or
canopy and that may be raised above the
level of the-adjacent grade but do not extend
more than 3' above the average natural grade
Balconies, and stairways that are open,
unenclosed on at least two sides
Greenhouse windows and bay windows that
are not greater than 6' wide parallel to the side
yard
Required fire escapes
Porte cochere not more than 20' long and
open on three sides except for necessary
structural supports and not more than 16 feet
in height.
Mail box canopy not more than 10' long.
Recreational vehicle storage, central air
conditioning, swimming pool, spa equipment.
Second floor decks, patios, or balconies,
covered or uncovered, adjacent to primary
living spaces in OP- Districts.
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Front Street Interior Rear
Yard Side Side Yard Yard
Yard
30" 30" 18" 4'
18" 18" 18" 18"
For structures with conforming setbacks
12" 12" 12" 12"
For structures with non - conforming set -backs
6' 6' No Limit 6'
30" 30" 0' 4'
18" 18" 18" 18"
Provided the structure has a conforming
setback
Not _ 12" or 2" 4'
permitted per 1' of
required
side yard
whichever
is greater
Not permitted in front yard.
Permitted in side and rear yard
30" 30" 30" 4'
Not permitted in front or side yard areas:
Permitted anywhere in rear yard area.
30" 30" 30" 4'
SECTION 6. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION T If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 14th day of July, 2009
Ken Genser; Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2291 (CCS) had its introduction on June 30`h, 2009, and was
adopted at the Santa Monica City Council meeting held on July 14th, 2009, by the
following vote:
Ayes: Council members: Bloom, Davis, Holbrook, Shriver
Mayor Genser, Mayor Pro Tern O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: McKeown
A summary of Ordinance No. 2291 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Maria Stewart, City Jerk
Solar Panels
City Council
Study Session
October 26, 2010
4
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WPO
LIFO tk�
Solar Panels
Solar Rights Act
Promotes solar panel installations
Reduces local regulatory control
Administrative review
✓Building Official's health and safety review only
,,,/City cannot regulate aesthetics
Solar Panels
Options
Continue current administrative review practice
Require Use Permits only when there is a good faith
belief that a health and safety impact would result —
denial only when impact cannot be mitigated
Create specific standards based upon health and
safety impacts
Create incentives to follow voluntary guidelines