In accordance with the provisions of the California Civil Code Section 714, (California Solar Rights Act), it is the intent of this ordinance to encourage the successful use of solar energy in new subdivisions by requiring as a condition of approval of all tentative maps, the insertion of restrictions in the deed of each parcel to assure to the extent feasible that future solar energy systems have adequate and reasonable access to solar energy.
(Ord. 997 § 1, November 15, 1982)
Restrictive Covenant.
A contract between two or more people which involves mutual promises or reciprocal benefits and burdens among the contracting land owners.
Solar Energy System.
Any solar collector or other solar energy device or any structural design feature of a building whose primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, for water heating or for electricity.
South Face of Buildable Area.
The southernmost boundary of the buildable portion of the lot which will accommodate the primary building or dwelling.
Unobstructed Sunlight.
Energy from the sun which is not blocked by any vegetation or structure between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time on December 21st of any year.
(Ord. 997 § 1, November 15, 1982)
Approval of tentative subdivision maps, including tentative parcel maps, shall be conditional upon the placement of a restrictive covenant in the deed of each lot for the purpose of protecting access to direct sunlight. Such a covenant shall assure that, to the extent feasible, no building, wall, fence, or other structure shall be constructed and no vegetation shall be allowed to grow on the lot so as to prevent unobstructed sunlight from reaching the south face of the buildable area of the adjacent lots.
Reasonable shading which does not cast a shadow greater than 10% upon the south face of the buildable area at any one time shall be allowed, but in no event shall such shading significantly decrease the efficiency of the solar energy system.
Deciduous trees shall be exempt from the terms of the covenant if such trees allow unobstructed sunlight to reach south facing roof areas between the hours of 9:00 a.m. and 3:00 p.m. Pacific Daylight Time on June 21st, and do not otherwise significantly impede the operation of a solar energy system.
A proposed restrictive covenant to protect solar access in the subdivision shall be submitted for review by the Planning Commission with the tentative map. In establishing solar access covenants, consideration shall be given to the contour and configuration of the parcel to be divided, size of proposed lots and existing vegetation on the site. It is not the intent of this section to result in reducing development densities, the percentage of a lot which may be occupied by a structure or cause the unnecessary destruction of existing trees.
(Ord. 997 § 1, November 15, 1982)
The requirements of this chapter shall not apply to either of the following:
A. 
Condominium projects which consist of the subdivision of air space in an existing building when no new structures are added.
B. 
Proposed lots in excess of one acre.
(Ord. 997 § 1, November 15, 1982)
A. 
Criteria. In approving a tentative subdivision map, including a tentative parcel map, the requirements of Section 21.60.030 of this chapter may be waived or modified by the Planning Commission for one or more proposed lots in the subdivision upon the finding that either:
1. 
The use of the restrictive covenant will result in reducing densities below what would normally be allowed by the Planning Commission.
2. 
The use of a restrictive covenant is not feasible, taking into account economic, environmental, social or technological factors. Such factors include, but are not limited to, contour and orientation of the parcels, slope stability, tree preservation and access to existing streets.
B. 
Procedure. Any subdivider requesting a waiver for one or more proposed lots or modification of the terms of the covenant, shall submit a written statement and sufficient supporting documentation describing the basis for the request with the tentative map. It is not the intent to require the initial submission of an alternative tentative subdivision or parcel map in submitting sufficient supporting documentation.
If any provision of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. And to this end, the provisions of this chapter are declared to be severable.
(Ord. 997 § 1, November 15, 1982)