Note: Prior code history: Prior zoning code §§ 19.96.020, 19.96.030, 19.96.050, 19.96.060; Ords. 2875-08 and 2623-99.
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.
(b) 
Applications for variances from the regulations imposed by this chapter shall be considered in accordance with the standards and procedures set forth in Chapter 19.84.
(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.
(c) 
The proposed device shall satisfy all other requirements set forth in Sections 19.56.070 and 19.56.080, including the required setback.
(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) 
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)