City Council Meeting 5-12-09
ORDINANCE NUMBER (CCS)
(City Council Series)
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 staff’s 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
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 May 12, 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
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
9.04.10.02.220
Solar energy design standards.
This Section is intended to incorporate, to the
extent feasible, passive heating and cooling opportunities into the design or
modifications of residential developments. This Section is further designed to
assure that solar energy systems in residential, commercial, and industrial
areas conform in appearance to the surrounding neighborhood. The following
standards shall apply to the design of all solar energy systems:
(a) Roof-mounted solar collectors shall be
placed in the location least visible from a public right-of-way without
reducing the operating efficiency of the collectors. Wall-mounted and
ground-mounted solar collectors shall be screened from public view.
(b) When feasible, collectors shall be
integrated into the design of the building. Structural support for the
collectors shall be screened in a manner that is compatible with the design of
the building.
(c) Appurtenant equipment, particularly
plumbing and related fixtures, shall be installed in an attic or basement,
where feasible.
(d) Large accessory fixtures which must be
exposed (e.g., storage tanks) shall be screened where possible through
architectural features that harmonize with other design elements of the
structure.
(e) Storage tanks shall not be located in any
required front or side yards nor shall they be visible from any public
right-of-way.
(f) Exterior surfaces shall have a matte
finish and shall be color-coordinated to harmonize with roof materials or other
dominant colors of the structure.
(g) Any pool or spa facilities other than
single family homes owned and maintained by a homeowners association,
cooperative, or similar entity shall be provided with a solar cover or solar
water heating system.
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.
(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 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.
(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
(f) On a
property containing a designated Landmark or contributing structure to a
designated Historic District as defined in Section 9.36.030, 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 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.
(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
(b) The following shall he permitted to exceed the height limit in all zoning districts except the R1 District:
(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.
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.
(2)(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.
9.04.10.02.070
Reflective materials.
No more than twenty-five percent of the surface area of any façade 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 façade 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 façade shall be clear glass.
9.04.10.02.140
Screening mechanical equipment.
Other
than solar energy systems as defined in Section 9.04.10.02.220, Aall
mechanical equipment that extends more than twelve inches above the roof
parapet shall be screened from view. Equipment shall be screened from a
horizontal plane on all sides with an impact resistant wall.
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:
|
Projections |
Front Yard |
Street Side Yard |
Interior Side Yard |
Rear Yard |
|
Eaves, awnings,
canopies, sun shades, sills, cornices, belt courses, trellises, arbors, and
other similar architectural features |
30″ |
30″ |
18″ |
4′ |
|
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 façade width |
18″ |
18″ |
18″ |
18″ |
|
For structures with
conforming setbacks |
||||
|
12″ |
12″ |
12″ |
12″ |
|
|
For structures with non-conforming set-backs |
||||
|
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 |
6′ |
6′ |
No Limit |
6′ |
|
Balconies, and
stairways that are open, unenclosed on at least two sides |
30″ |
30″ |
0′ |
4′ |
|
Greenhouse windows and bay windows that are
not greater than 6′ wide parallel to the side yard |
18″ |
18″ |
18″ |
18″ |
|
Provided the structure has a conforming
setback |
||||
|
Required fire escapes |
Not permitted |
|
12″ or 2″
per 1′ of required side yard whichever is greater |
4′ |
|
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. |
Not permitted in front
yard. Permitted in side and
rear yard. |
|||
|
Mail box canopy not
more than 10′ long. |
30″ |
30″ |
30″ |
4′ |
|
Recreational vehicle
storage, central air conditioning, swimming pool, spa equipment. |
Not permitted in front
or side yard areas. Permitted anywhere in
rear yard area. |
|||
|
Second floor decks, patios, or balconies,
covered or uncovered, adjacent to primary living spaces in OP-Districts. |
30″ |
30″ |
30″ |
4′ |
APPROVED
AS TO FORM:
_________________________
MARSHA
JONES MOUTRIE
City
Attorney