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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 Page 2 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 Solar Energy System Installations October 26, 2010 Page 3 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 Page 4 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 Page 1 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 Page 2 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 Page 4 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. Page 5 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 1 i I i 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 7 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 4 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. r� (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 0 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: 7 (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. ;J 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 10 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: 11 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. 12 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: 13 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 o- N ,U �t 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