HomeMy WebLinkAbout1833 - RECOMMEND APPROVAL OF CA TO ESTABLISH REGS FOR SOLAR ENERGY SYSTEM INSTALLATIONS AND VOLUTNARY DESIGN GUIDELINESRESOLUTION NO. 1833
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
APPROVAL OF CODE AMENDMENT NO. CA2011 -001 TO
ESTABLISH REGULATIONS FOR SOLAR ENERGY SYSTEM
INSTALLATIONS AND RECOMMENDING APPROVAL OF
VOLUNTARY DESIGN GUIDELINES FOR SOLAR ENERGY
SYSTEM INSTALLATIONS (PA2010 -113)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. FINDINGS.
1. California Civil Code Sections 714 and 714.1, California Civil Code Section 801 and
801.5, California Government Code Section 65850.5, California Health and Safety Code
Section 17959.1, California Government Code Section 66475.3, and California
Government Code Section 66473.1 together are known as the Solar Rights Act.
2. The legislative intent of the Solar Rights Act is to encourage the installation of solar
energy systems by removing obstacles to, and minimizing costs of, permitting for such
systems.
3. The proposed voluntary guidelines and incentives will facilitate the process of permitting
for solar energy system installations.
4. The proposed Code Amendment will reduce impediments to the installation of solar
energy system by providing exceptions to the height limit.
5. The Solar Rights Act provides that a City 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.
6. The proposed Code Amendment establishes procedures for administrative approval of
solar energy system installation permits.
7. The proposed Code Amendment contains development standards for solar energy
system installations to ensure the public health and safety.
8. Required setbacks for solar collectors and related equipment ensure that adequate
access exists for emergency personnel. Required setback areas also ensure
adequate visibility near driveway, sidewalk, street, and alley intersections for motor
vehicles and pedestrians.
9. Screening of equipment other than solar collectors will reduce any negative noise
impacts and dangers from exposed electrical equipment.
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10. The proposed material regulations will require that the solar collectors are made with a
non - reflective coating to protect nearby properties, neighbors, and people operating
motor vehicles in the area from glare.
11. Government Code Section 65850.5 provides that if the building official of a city has a
good faith belief that a solar energy system could have a specific, adverse impact
upon the public health and safety, a city may require the applicant to apply for a use
permit.
12. The City has a good faith belief that ground- mounted solar energy systems have the
potential to have a specific, adverse impact upon the public health and safety, and
shall require discretionary review for ground- mounted solar energy systems.
13. Ground - mounted solar collectors have the potential to have a specific, adverse impact
upon the public health and safety for the following reasons:
• Water quality could be impacted due to water pollutants from runoff and
the reduction of the amount of permeable surfaces.
• A reduction of trees and plants in yards could reduce air quality and
increase greenhouse gas emissions.
• The potential for glare problems is higher with ground- mounted solar
energy systems compared with roof - mounted systems.
14. The General Plan includes the following policies promoting water quality, air quality,
and other issues, which could be compromised by ground- mounted solar collection
panels: NR 1.1, NR 3.2, NR 3.9, NR 3.11, NR 3.14, NR 3.16, NR 3.19, and NR 3.20.
15. The Coastal Land Use Plan includes the following policies promoting water quality, air
quality, open space, and other factors, which could be compromised by ground -
mounted solar collection panels: 4.3.2 -1, 4.3.2 -8, 4.3.2 -9, 4.3.2 -11, 4.3.2 -12, 4.3.2 -14,
and 4.3.2 -15.
16. The General Plan includes the following policies promoting renewable energy and
solar power technology: NR 7.3, H 4.2, HB 8.2, NR 7.3, NR 24.2, NR 24.3, NR 24.4.
17. The proposed Code Amendment and voluntary guidelines are consistent with the
General Plan and Coastal Land Use Plan.
18. A public hearing was held on February 17, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
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Planning Commission Resolution No. 1833
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is covered by the general rule
(CEQA) applies only to projects that have the
environment (Section 15061.b.3 of the CEQA
there is no possibility that this activity will
Therefore, this activity is not subject to CEQA.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
that the California Environmental Quality Act
potential for causing a significant effect on the
Guidelines). It can be seen with certainty that
Tave a significant effect on the environment.
1. The Planning Commission hereby recommends that the City Council of the City of
Newport Beach approve Code Amendment No. CA2011 -001 establishing regulations for
solar energy system installations and approve voluntary guidelines for solar energy
system installations.
2. The Planning Commission hereby further recommends that staff further study the need
for anti -glare coatings and their potential impacts to the efficiency of solar energy
systems and make appropriate recommendations to the City Council.
3. The Planning Commission hereby further recommends that staff further study limiting the
size of solar energy systems based on the amount of power generated to only the energy
needs of the property and make appropriate recommendations to the City Council.
4. The Planning Commission hereby further recommends that the City Council, either
individually, or in cooperation with other jurisdictions, inform the State Legislature of the
unintended consequences of the Solar Rights Act and recommend appropriate
amendments.
5. The Planning Commission hereby further recommends that the City Council regionalize
the issue by encouraging the consolidation of solar energy systems.
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PASSED, APPROVED AND ADOPTED THIS 17th DAY OF FEBRUARY, 2011.
AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge
NOES: None
ABSTAIN: None
EXCUSED: Hillgren
B
Earl McDaniel, Chairman
BY:
Micha oerge, Secretary
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