The use of solar energy systems and active and passive solar
collectors for the purpose of providing energy to the structure upon
which they are placed, whether as a part of such a structure or incidental
thereto, is a use which may be established without the necessity for
any discretionary land use approval, within all zoning districts,
notwithstanding any provision of this title to the contrary.
(Ord. 2904-09 § 5)
(a)
No building permit shall be issued for any construction, the effect
of which when completed would be to interfere with solar access to
the rooftops of the sum of all permitted structures on an adjacent
property or to any preexisting active solar collector on an adjacent
property. Solar access means the absence of shadows blocking or reducing
exposure to the sun to an extent greater than ten percent daily during
the hours between nine a.m. to three p.m., Pacific Time, throughout
any solar cycle. Nothing contained herein shall require modification
to any structure, the shade pattern of which would impair solar access
to rooftops or active solar collectors established later in time.
(b)
Applications for new construction above the first level of any structure
shall include the following solar shading analysis by a qualified
professional:
(1)
The solar shading analysis shall show the extent to which the proposed
construction will shade adjacent rooftops and solar collectors at
nine a.m. and three p.m. Pacific Time on December 21st.
(2)
If the above solar shading analysis shows a conflict with solar access
greater than ten percent, the applicant shall provide an additional
analysis which calculates the extent to which the proposed construction
will shade adjacent rooftops and solar collectors between nine a.m.
to three p.m. Pacific Time throughout the entire three hundred sixty-five-day
solar cycle. If the analysis shows a cumulative shadowing effect of
less than ten percent total over the course of the three hundred sixty-five-day
solar cycle, the application shall be deemed to be in compliance with
this section.
(c)
Exemptions.
(1)
The provisions of this chapter shall not apply to shading of structures
or uses within the ECRSP zoning districts. Applications for construction
within an ECRSP zoning district shall comply with this section with
respect to adjacent properties located outside of the ECRSP zoning
districts.
(2)
The provisions of this chapter shall not apply to structures or uses
within the DSP and LSAP zoning districts.
(Ord. 2904-09 § 5; Ord. 3091-16 § 1; Ord. 3181-21 § 4; Ord. 3194-22 § 15)
Each tentative subdivision map approved pursuant to the procedures set forth in Title 18 of this code shall be conditioned so as to prohibit new construction of structures that would interfere with passive or active natural heating or cooling opportunities available to structures capable of being built on adjoining parcels, in accordance with all site development and zoning regulations in effect at the time of such approval. No such conditions shall be imposed, however, which would result in reducing allowable residential unit densities or the percentage of lot area which may be occupied by a building or structure under those applicable land use regulations in effect at the time such a tentative subdivision map is filed. Positive conditions, covenants and restrictions shall be provided as a part of each tentative map. Adverse conditions, covenants and restrictions shall not be included therein, and, to the extent that they may be contained in subdivision documents approved prior to the effective date of this chapter, they are hereby declared to be contrary to the public welfare and to the public policies set forth herein.
(Ord. 2904-09 § 5)
(a)
Variances may be granted from restrictions imposed by this title on the height, setback and location of structures, in the public interest, upon a showing by the applicant, made pursuant to the procedures set forth in Chapter 19.84:
(1)
That the proposed construction or alteration is necessary for the
purpose of placing or constructing an active or passive solar collector
as defined herein;
(2)
That the proposed design complies in all material respects with the
provisions of Title 16 of this code;
(3)
That the proposed construction or alteration has been designed, located,
and screened in a manner calculated to minimize adverse visual, audible,
and other effects on surrounding properties; and
(4)
That the granting of such a variance will not be materially detrimental
to the public welfare.
(Ord. 2904-09 § 5)
To accommodate the installation of solar energy systems, including systems located on top of parking structures, the maximum height may be increased by two feet, and required setbacks for front, side and rear yards may be reduced by up to one foot upon application and approval of a miscellaneous plan permit granted at the discretion of the director of community development pursuant to Chapter 19.82.
(Ord. 2904-09 § 5)
The purpose and intent of this chapter is to provide a uniform
and comprehensive set of standards for the development, siting and
installation of wind energy systems. The regulations contained herein
are designed to protect and promote public health, safety, community
welfare and the aesthetic quality of the city as set forth within
the goals, objectives and policies of the general plan and the city-wide
design guidelines, while at the same time providing for the safe,
effective and efficient use of wind energy systems to reduce the on-site
consumption of utility supplied electricity and reduce dependence
on nonrenewable energy sources.
(Ord. 2904-09 § 5)
Wind energy systems, as defined in Chapter 19.12 of this code, shall be a permitted or conditionally permitted accessory use to any permitted principal use as set forth in Table 19.56.090 and subject to all of the following requirements:
(a)
Number of Systems. The number of systems on a property is limited
as follows:
(1)
One wind energy system shall be permitted for properties with a lot
size of one acre or less and located in or adjacent to a property
in a residential zoning district.
(2)
Two or more wind energy systems may be conditionally permitted with
approval of a use permit for properties with a lot size of more than
one acre and located in or adjacent to a property in a residential
zoning district.
(3)
There is no limit on the number of systems for all other properties.
(b)
Setback. The minimum setback from all property lines to the base of the tower shall be equal to the height of the wind energy system, as defined in Chapter 19.12, except that the minimum setback for a freestanding wind energy system in or adjacent to a property in a residential zoning district shall be equal to twice the height of the wind energy system.
(c)
Noise. Wind energy systems shall comply with the noise requirements set forth in Section 19.42.030.
(d)
Approved Wind Turbines. The system shall use a wind turbine that
has been approved by the California Energy Commission as qualifying
under its Emerging Renewables Program or has been certified by a national
program recognized and approved by the California Energy Commission.
The applicant shall present proof of qualification or certification
of the wind turbine.
(e)
Electrical Wires. All onsite electrical wires associated with a wind
energy system shall be located within the tower and underground, except
where necessary to connect the system with a public utility company
transmission line.
(f)
Braking Systems. All systems shall be designed with braking, governing,
or feathering systems to prevent uncontrolled rotation, over-speeding,
and excessive pressure on the support structure, rotor blades and
system components.
(g)
Lighting. Exterior lighting on any tower or turbine associated with
the wind energy system shall not be allowed except that which is specifically
required by the Federal Aviation Administration.
(h)
Compliance with Federal Aviation Administration. All wind energy
systems shall comply with applicable Federal Aviation Administration
rules and regulations. The applicant shall present proof of compliance
with Federal Aviation Administration rules and regulations.
(i)
Electromagnetic Interference. The system shall be operated such that
no disruptive electromagnetic interference is caused to off-site telecommunications,
surveillance or other similar systems. If it has been demonstrated
that a system is causing such disruptive interference, the system
operator shall promptly eliminate the disruptive interference or cease
operation of the system.
(j)
Signs. All signs on any structure or component associated with a
wind energy system that is visible from any public road shall be prohibited,
except for the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
(k)
Utility Notification. No small wind energy system shall be installed
until evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
wind energy system.
(Ord. 2904-09 § 5)
In addition to all other requirements set forth in this chapter,
all small wind energy systems shall meet the following design requirements:
(a)
Based on potential aesthetic impact, the order of preference for
the design of a wind energy system tower is: building mounted, then
freestanding. If a freestanding tower is proposed, the application
must include an explanation as to why other facility types are not
being considered.
(b)
Based on potential aesthetic impact, the order of preference for
the type of wind turbine is: vertical axis wind turbine, then horizontal
axis wind turbine.
(c)
All systems shall be designed to minimize the visual impact to the
greatest extent feasible, considering technological requirements,
by means of placement and camouflage, to be compatible with existing
architectural elements and building materials, and other site characteristics.
(d)
Towers shall be of a monopole design and shall be self-supporting
without the use of guy wires or other similar features.
(e)
Colors and materials for small wind energy systems shall be chosen
to minimize visibility. Facilities shall be painted using colors to
match or blend with the primary background.
(f)
All facilities shall be designed so as to be resistant to and minimize
opportunities for unauthorized access, climbing, vandalism, graffiti,
and other conditions which would result in hazardous conditions, visual
blight or attractive nuisances.
(g)
A freestanding structure shall not be located in any required front,
side or rear yard, nor shall they be located between the face of a
building and a public street, bikeway or park, except for approved
building-mounted systems located on existing or new permitted structures
in accordance with this section.
(Ord. 2904-09 § 5)
The provisions of this chapter identify and prescribe specific procedures and requirements for the filing, processing and consideration of the installation of wind energy systems. These provisions shall be used in conjunction with the general requirements and procedures identified in Chapter 19.98 including requirements and procedures for applications, fees, notification, appeals, conditions of approval, modifications, expiration, extensions and revocations.
The type of permit required for wind energy systems, and any
applicable exemptions, are set forth in Table 19.56.090.
|
Table 19.56.090 Permits Required For Wind Energy Systems
| ||||
|---|---|---|---|---|
|
Wind Energy Systems Permits Zoning Districts
|
Exemptions
|
Miscellaneous Plan Permits
|
Minor Use Permits
|
Major Use Permits
|
|
Residential
R-0, R-1, R1.5, R1.7, R-2, R-3, R-4, R-5, RMH, DSP (residential
blocks) MXD-I, MXD-I/S, MXD-II, MXD-III, MXD-IV, ECR-MU, ECR-R3, ECR-R4
Commercial and Office
C-1, C-2, C-3, C-4, O, DSP (office and mixed use blocks) MXD-I,
MXD-I/S, MXD-II, MXD-III, MXD-IV, M-S/LSAP, M-S/LSAP 60%, M-S/LSAP
120%, ECR-C, ECR-O
|
For all properties:
(1) Wind turbine with a diameter of 39″ or less; building-mounted
system with a height of up to 15′ above the structure ridgeline;
and is not located in a heritage district or on a heritage building.
|
(1) Building-mounted system with a height of up to 15′
above the structure ridgeline, including otherwise exempted wind energy
systems located in a heritage district or on a heritage building.
|
For all properties:
(1) Building-mounted system with a height of more than 15′
above the structure ridgeline but not more than 65′, as measured
from existing grade.
For properties with nonresidential uses:
(1) Freestanding system up to 65′ in height.
|
(1) Requests for height deviations pursuant to Section 19.56.110
|
|
Industrial
M-S, M-3, MP-I, MP-TOD, MP-C MXD-I, MXD-I/S, MXD-II, MXD-III,
MXD-IV, M-S/LSAP, M-S/LSAP 60%, M-S/LSAP 120%
Public Facilities
PF MXD-I, MXD-I/S, MXD-II, MXD-III, MXD-IV, M-S/LSAP, M-S/LSAP
60%, M-S/LSAP 120%, ECR-PF
|
Same as for residential and commercial zoning districts.
|
(1) Building-mounted system with a height of up to 15′
above the structure ridgeline.
(2) Freestanding system1 up to 65′
in height if located more than 1,000′ from the right-of-way
of a freeway, expressway or arterial street
|
(1) Building-mounted system with a height of more than 15′
above the structure ridgeline.
(2) Freestanding system1 > 65′
but < 90′ high and located more than 1,000′ from
the right-of-way of a freeway, expressway or arterial street.
|
(1) Freestanding system1 of any height located less than 1,000′
from the right-of-way of a freeway, expressway or arterial street.
(2) Freestanding system1 equal to
or > 90′ high.
(3) Requests for height deviations pursuant to Section 19.56.110.
|
|
Notes:
| |
|---|---|
|
1
|
Freestanding (not building-mounted) wind energy systems shall
be restricted to a maximum height of sixty-five feet when located
adjacent to residentially zoned properties.
|
(Ord. 2904-09 § 5; Ord. 3181-21 § 5; Ord. 3194-22 § 16)
Installation of any wind energy system identified in Table 19.56.090
as exempt which complies with all applicable provisions of Title 16
of this code (Buildings and Construction) and which does not pose
a threat to the safety of any person does not need a land use permit.
The building official is authorized to determine whether special measures
may be required to ensure that the wind energy system will not pose
a threat to public safety, including, but not limited to, compliance
with electrical and fire code requirements, and secure installation.
(Ord. 2904-09 § 5)
The planning commission may allow a deviation from the height
limits defined in Table 19.56.090 only, subject to compliance with
the following requirements:
(a)
The applicant shall demonstrate proof of substantial wind obstruction
preventing maximum efficiency of the wind energy system at the maximum
allowable height.
(b)
The applicant shall include a visual impact analysis of the proposed
wind energy system as installed, which shall include, at a minimum,
a photographic simulation and any visual screening incorporated into
the development that is intended to lessen the system's visual prominence.
(Ord. 2904-09 § 5)
A wind energy system which is not used for twelve consecutive
months shall be deemed abandoned and shall be dismantled and removed
from the property at the expense of the property owner.
(Ord. 2904-09 § 5)
(a)
The small wind energy system operator shall defend, indemnify, and
hold harmless the city or any of its boards, commissions, agents,
officers, and employees from any claim, action or proceeding against
the city, its boards, commissions, agents, officers, or employees
to attack, set aside, void, or annul, the approval of the project
when such claim or action is brought within the time period provided
for in applicable state and/or local statutes. The city shall promptly
notify the provider(s) of any such claim, action or proceeding. The
city shall have the option of coordinating in the defense. Nothing
contained in this stipulation shall prohibit the city from participating
in a defense of any claim, action, or proceeding if the city bears
its own attorney's fees and costs, and the city defends the action
in good faith.
(b)
Operators shall be strictly liable for any and all sudden and accidental
pollution and gradual pollution resulting from their use within the
city. This liability shall include cleanup, intentional injury or
damage to persons or property. Additionally, operators shall be responsible
for any sanctions, fines, or other monetary costs imposed as a result
of the release of pollutants from their operations. "Pollutants" means
any solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. "Waste"
includes materials to be recycled, reconditioned or reclaimed.
(Ord. 2904-09 § 5)
A letter from the owners association approving the application
shall be submitted for installation of solar energy systems and wind
energy systems in commonly-held areas where the owners association
is responsible for maintenance and repairs in condominium or other
common interest developments.
(Ord. 2904-09 § 5)
(a)
To provide incentives for the installation of solar, wind or solar-wind hybrid energy systems, lot coverage may be exceeded by up to one percent, and/or floor area ratio or the threshold triggering design review may be exceeded by up to one percent, as the case may be, upon approval of a miscellaneous plan permit granted at the discretion of the director of community development and subject to subsection (b) of this section.
(b)
For single-family residential, the incentives provided in subsection (a) for the installation of solar, wind or solar-wind hybrid energy systems shall be based on providing a minimum monthly energy output of 270 kWh or a minimum of fifty gallons for solar hot water systems. For all other uses, the incentive shall be based on a minimum system size of ten percent of the anticipated or average electrical energy use.
(Ord. 2904-09 § 5)
