The purpose of this article is to encourage the use of renewable energy sources and to establish requirements and standards for the installation of solar energy and other renewable energy systems on new residential structures that would be compatible with the building and appropriate for the district.
(Ord. 2440 § 2, 2014)
(a) 
The provisions of this article shall apply to:
(1) 
New single-family dwellings or duplexes as defined in Section 40.01.010 of the city's municipal code, including the demolition of an existing residence and construction of a replacement residence.
(b) 
The provisions of this article shall be imposed as conditions of approval for all tentative and final maps approved pursuant to the Subdivision Map Act (Government Code Section 66410 et seq.) on or after January 1, 2015 for the uses described in this article, above; and compliance with these conditions shall be required for the issuance of a building permit. Where a map pursuant to the Subdivision Map Act is not required, the provisions of this article shall be imposed as conditions of approval for building permit applications filed on or after January 1, 2015 for the uses described in this article, above.
(c) 
The provisions of this article do not apply to:
(1) 
Residential projects with a valid final planned development approval received prior to January 1, 2015.
(2) 
Additions or remodels to existing single-family dwellings or duplexes, except as noted above.
(3) 
New or existing multiple dwelling development as defined in Section 40.01.010 of the city's municipal code.
(4) 
New or existing nonresidential development.
(5) 
Accessory buildings or structures as defined in Section 40.01.010 of the city's municipal code.
(Ord. 2440 § 2, 2014)
(a) 
All applicable single-family dwellings or duplexes shall install a solar photovoltaic system and comply with the following standards, as shown in Table 1 and noted below.
Table 1. Minimum Solar Photovoltaic Requirement per Dwelling Unit
Single-Family or Duplex
Minimum System Size
1,000 sq. ft. or less
1.6 kW
1,001 sq. ft. to 1,500 sq. ft.
2.0 kW
1,501 sq. ft. to 2,000 sq. ft.
2.3 kW
2,001 sq. ft. to 2,500 sq. ft.
2.5 kW
2,501 sq. ft. to 3,000 sq. ft.
3.0 kW
More than 3,000 sq. ft.
3.5 kW
(1) 
Demolition and Replacement. For the purposes of this article, the demolition and replacement of an existing residence is considered to be a new residence subject to the requirement for a solar system when it meets all of the following:
(A) 
It qualifies as a demolition pursuant to the city's Demolition Ordinance; and
(B) 
The new construction for the replacement residence includes both: (i) the permanent or temporary removal of more than sixty percent of the existing linear perimeter walls or the replacement or enclosure of more than sixty percent of the existing linear perimeter walls with new perimeter walls; and (ii)}}-->the replacement or reconstruction of more than sixty percent of the existing roof area.
(b) 
System expansion and prewiring. All residential solar systems installed pursuant to this article shall reserve sufficient roof space to accommodate a fifty percent expansion of the required system capacity and shall provide electrical conduit to accommodate any additional wiring. The expansion area shall be shown on the building plans.
(Ord. 2440 § 2, 2014)
(a) 
The project applicant shall obtain all required building permits and shall submit plans and documentation necessary to demonstrate compliance with the requirements of this article, as determined by the director of community development and sustainability.
(b) 
As part of the site plan approval of the building permit for the dwelling unit, the applicant shall provide the layout of the required solar system and any additional necessary details for review and approval. The site plan for the solar system layout shall address, but is not limited to, the following details: size of the required or proposed system size, building and roof square footage, roof orientation, roof penetrations, nearby trees which may include tree size, height, shading, and identification of an expansion area for the solar system.
(c) 
The building permit for the solar system may be issued separately from the permit for the dwelling unit, but shall be installed prior to occupancy of the dwelling unit.
(Ord. 2440 § 2, 2014)
All solar systems shall comply with the following standards and guidelines for location and height.
(a) 
Ground-mounted systems. All ground-mounted systems shall comply with the setback requirements for accessory structures pursuant to Section 40.26.010. Ground-mounted systems may encroach into the setbacks provided they are screened from adjacent properties and streets, do not exceed the fence height and comply with Building Code requirements.
(b) 
Roof or building-mounted systems may not exceed the maximum allowed building height of the structure to which they are attached, except in the case of a primary structure that is constructed to the maximum allowed building height, the attached solar system may exceed the allowable height by no more than two feet or up to the height of the building parapet if there is one, whichever is greater.
(c) 
Roof or building-mounted systems, including the solar collectors and associated equipment and appurtenances should be located and designed to minimize aesthetic impacts without compromising the effectiveness of the solar collectors. Solar system appurtenances should be screened to the extent feasible and should be painted a color similar to the color of the surface upon which they are mounted.
(d) 
Accessory structures. Solar systems mounted on an accessory structure shall comply with the yard and height requirements of that accessory structure.
(Ord. 2440 § 2, 2014)
The director of community development and sustainability ("director") may approve alternative compliance in lieu of on-site solar PV for the following:
(a) 
Off-site solar gardens. In the event that the electricity utility provider for Davis enables the use of off-site PV systems to off-set electricity charges, projects subject to this article may utilize such methods to fully or partially satisfy the requirements of this article. In determining compliance, the director shall consider the longevity of the contract for local off-site power and the certainty that such contract will remain with the property. The intent is to allow for local off-site solar to satisfy the objectives of this article with reasonable assurance that it will provide similar benefits and longevity as a PV system fixed to the property.
(b) 
Aggregated system. In the case of a tract home or production subdivision, installation of a solar system is not required on all individual units if the aggregated energy requirement for the subdivision or subdivision phase is provided on other units within the development. The developer shall demonstrate compliance to the satisfaction of the director.
(c) 
Solar water heater. Installation of a solar water heater or other similar system may substitute for an equivalent amount of energy to be produced by the required solar system or for an equivalent amount of roof space occupied by the required solar system.
(d) 
Other renewable energy sources. Upon demonstration that space heating and cooling requirements or other significant energy needs will be met with an acceptable solar, ground source system such as geothermal, or other renewable energy source that meets the intent of this article.
(Ord. 2440 § 2, 2014)
(a) 
Exemption request. The director of community development and sustainability may waive or reduce all or part of the requirements of this article upon written request by the applicant and the provision of any required supporting information for the following:
(1) 
Urban Forest. When compliance would conflict with the growth and/or maintenance of the city's existing urban forest or conflict with the city's Tree Preservation Ordinance to the extent that existing shading or future shading from existing trees would substantially impact the effectiveness of the required solar system, consistent with the Davis Solar Shade Control Act. It is the responsibility of the project applicant/developer to identify potential shading conflicts. The project applicant/developer shall make all reasonable effort to avoid and minimize new shading conflicts when planning the site and building layout and design, site landscaping, the location and species of new trees.
(2) 
Solar Access. When insufficient solar access, such as shading from existing buildings or trees, would substantially impact the effectiveness or ability to accommodate the required solar system.
(3) 
Building and Roof Design. When there is insufficient roof space or the design or orientation of the building or roof would preclude full compliance. It is the responsibility of the project applicant/developer to demonstrate how alternative building design and/or lot orientation that would allow for full compliance with this article is infeasible.
(4) 
Hardship Exemption. When compliance would impose a demonstrated undue hardship or expense, or would otherwise be infeasible.
(b) 
Exemption requirements. A request for an exemption shall comply with the following requirements:
(1) 
A written request and justification for the exemption.
(2) 
Supporting information to the satisfaction of the director documenting a demonstrated hardship, unique circumstances or other compliance with the intent of this article. Required information may include, but is not limited to, an alternatives analysis evaluating ability to comply with alternative compliance measures, an economic analysis evaluating the cost issues, or documentation of additional project measures or energy efficiency features above and beyond the minimum requirements that may warrant a reduction or waiver.
(3) 
The cost for any outside peer review that may be required to review supporting documentation shall be borne by the project applicant.
(Ord. 2440 § 2, 2014)