June 30, 2009
June 9, 2009
City Council Meeting: May 12, 2009
Agenda Item: 7-A
To: Mayor and City Council
From:
Subject: Ordinance Pertaining to Solar Energy Development and Design
Standards)
Recommended
Action
Staff
recommends that the City Council introduce for first reading an ordinance
amending SMMC Article IX (Zoning Ordinance), to establish an administrative
procedure for approval of solar energy systems that meet objective development
standards and to allow solar energy systems to encroach into setback areas and
extend above current height limits.
Executive
Summary
In support of the Sustainable City Plan and
the Solar Santa Monica program, staff proposes to amend
SMMC Section 9.04.10.02.220 (solar energy system design standards), and other
related Zoning Ordinance sections, in order to create a streamlined process for
permitting solar energy system installations. The proposed ordinance would establish
objective development standards including specific height limits, limitations
on installation in the required side and rear yard setbacks, and restrictions
on visibility. The proposal complies
with the requirements of California Government Code Section 65850.5 and Health
and Safety Code Section 17959.1, which provide that a city or county shall
establish a procedure to administratively approve applications for solar energy
installations, and reflect current installation methods for both solar
photovoltaic and solar heating systems. In addition to amending the solar
energy design standards of the Zoning Ordinance, the proposed ordinance includes
minor modifications to four sections of the Zoning Ordinance whose current requirements
commonly adversely affect installation of solar energy systems. The proposed
language concedes some of the City’s design review procedures to facilitate
solar installations.
The report also addresses the Landmarks Commission’s
jurisdiction over installations on designated landmark properties. Because single-family residential properties are
exempt from ARB review they are not subject to design review for solar
installations. The proposed action has
been determined to be categorically exempt from the California Environmental Quality
Act (CEQA). The proposed text amendment has no
financial or budgetary impacts.
Background
The City of
The City offers the Solar
Santa Monica program to assist
The Office of
Sustainability and the Environment has worked with the Planning & Community
Development Department to propose revised solar energy and other property
development standards and to revise the Planning and Building permit processes
for review and approval of solar energy systems.
Discussion
The proposed Zoning Ordinance amendment establishes a streamlined,
ministerial process for solar installations. The standards are
consistent with current installation practices, such that the vast majority of
solar energy system applications would comply and require no further review.
Installations meeting these standards would be exempt from discretionary ARB
review. Applications to install atypical
solar energy systems, such as elevated solar canopies or other proposals in
which the solar energy system’s support structure also functions as a building
element rather than solely for energy production, would require review and
approval of the Architectural Review Board, or by the Landmarks Commission if
the installation is proposed on a designated historic resource.
Additionally, the standards would clarify that all solar
energy systems proposed on designated Landmarks and Historic District
contributor properties would require a Certificate of Appropriateness from the
Landmarks Commission Liaison. Such installations would be evaluated in terms of
compliance with the Secretary of Interior’s Standards for Rehabilitation. Although likely rare, by authorizing the
liaison to act for the Landmarks Commission on these applications, the hearing
process is not required and the review process can be expedited.
The following
summarizes the solar energy design standard sub-sections:
·
(a) establishes a definition of solar energy systems based on
the definition used in Section 801.5 of the California Civil Code.
·
(b) minimizes the visual impact as seen from the front of a
property, by prohibiting all of the system’s equipment except solar panels and
conduit from being visible along the front street elevation.
·
(c) establishes that solar energy systems may be located on
any roof, irrespective of its relationship to the underlying district height
limit, up to five feet above the roof surface, or seven feet for solar water and
swimming pool heating systems, with additional flexibility given to
single-family homes. This proposed five-
or seven-foot exception is consistent with other height limit exceptions in the
SMMC and would be adequate for standard solar energy system installations.
·
(d) establishes that solar energy equipment, excluding
collectors, may project into side and rear yards but no closer than two feet to
any property line, in order to permit equipment to be installed adjacent to
existing, non-conforming electric meters.
·
(e) requires that solar energy equipment be installed in the
location that is the least visible from adjacent streets so long as this does
not significantly decrease energy performance or significantly increase cost. This section also sets forth how such
determinations are to be made. Because single-family
properties are exempt from ARB review, they are also exempt from this section. This Section (e) has been the focus of most
public comments and is discussed in-depth below. Solar energy system placement is also governed
by both Building and Safety and Fire Code requirements, which would factor into
the feasibility consideration.
·
(f) clarifies that any application to install a solar energy
system on a property containing a designated landmark or a contributing
structure to a designated Historic District would need to obtain a Certificate
of Appropriateness from the Landmarks Commission liaison.
·
(g) establishes that any
proposed installation that does not comply with the solar energy design
standards would require review and approval of the ARB, or by the Landmarks
Commission for designated historic properties.
These reviewing bodies may authorize installations that exceed the
height limit in the applicable zoning district by a maximum of 14 feet.
·
(h) exempts properties from ARB review that are in
single-family residential zones and properties in multi-family districts developed
as single-family (one unit).
Section (e) effectively requires the solar installation
professional to consider less visible locations that still meet the primary
energy production objectives. This
section represents a compromise of the design review standards that are
typically applied to commercial and multi-family projects to ensure
neighborhood compatibility. Staff also
recognizes that the constraints of Building and Safety Code requirements will
also factor into the viability of potential alternative placements. This is a comprehensive approach that best
serves the City’s multiple interests and concerns, streamlines the permitting
process, and any further reduction in review is not recommended. Single-family properties will continue to be
exempt from ARB review, including solar installations. As detailed below, the Planning Commission reviewed
and recommended approval of this ordinance with a low significance
threshold that would reduce the effectiveness of Section (e).
A critical aspect in evaluating where to install photovoltaic
systems, especially on an existing building, is the performance of the
system. However, there is no reason that
the solar installation professional should not also consider aesthetic aspects
when designing a system. To
address this concern while retaining a ministerial review process, the proposed
ordinance would require solar equipment to be installed in the location that is
least visible from the street, with the provision that energy performance is
not significantly reduced or the cost of the solar system is not significantly
increased compared to a location that is more visible from the street. The proposed ordinance would define a
“significant decrease” in energy production as more than 10%, while a
“significant cost increase” would be defined as more than $2,000 for
photovoltaics or more than 20% for solar water and swimming pool heating
systems. Photovoltaic systems
installed on single-family homes range from $15,000 to $50,000, with the
typical installation cost between $30,000 and $35,000. Solar water heating systems range from $3,000
to $8,000. Incentives for renewable
energy systems currently reduce these costs by 50% to the home owner.
These provisions are modeled on State law, but are more favorable
to solar energy to reflect the high priority that the City has set on renewable
energy generation. More specifically,
State law permits a Home Owners’ Association (HOA) to impose reasonable
restrictions on a proposed solar energy installation if the alternative
placement does not decrease production by more than 20% or increase the cost of
photovoltaics by more than $2,000, or 20% for water heating systems. The proposed ordinance is consistent with State
law, including Government Code Section 65860.5 and Health and
Safety Code Section 17959.1 (the Solar Rights Act).
Amendments to the following development standards that
currently limit solar installations on many buildings are also proposed:
·
- To create an exception for solar
energy systems
- To exempt solar energy systems
from a limitation on the percent of roof coverage.
· 9.04.10.02.070
Reflective Materials
- To exempt solar energy systems from this
requirement
· 9.04.10.02.140 Screening
mechanical equipment
- To exempt solar energy systems from
this requirement
· 9.04.10.02.180 Permitted
Projections into Required Yards
- To refer to the solar energy design
standards [9.04.10.02.220] in regard to projections of solar energy systems into
side and rear yards.
Planning Commission Action
On November 5, 2008, the Planning Commission reviewed the proposed
zoning text amendment and unanimously recommended approval. The proposed ordinance includes the
Commission’s recommendations to revise sub-sections (c) and (e), clarifying the
exempt status of single-family properties and defining visibility in terms of
the adjacent streets and not alleys or neighboring properties. The Commission recommended allowing a higher
height limit for solar water heaters, which has also been incorporated into the
proposed ordinance.
The Commission also discussed “grandparenting” existing solar
water heating systems, which can be taller than photovoltaic systems, so that
they could be removed and replaced if necessary. Staff has not included special non-conforming
criteria but rather addressed the concern by modifying the proposed ordinance to
allow solar water heaters up to seven feet in height, compared to five feet for
photovoltaic systems.
On March 4, 2009, the Commission further discussed whether the
requirement to install solar equipment in the least visible location on existing
buildings to receive over-the-counter permit approval as provided in Section (e)
was consistent with state law. This issue
is discussed earlier in this report and on the following page. After in depth discussion, the Commission
supported Section (e), but voted five to one to reduce the significant cost
increase thresholds from $2,000 to $500 for photovoltaic systems, and from 20%
to 10% for solar water and pool heating systems. The threshold recommended by the Planning Commission
is so modest compared to the typical single-family installation cost, which is
between $30,000 and $35,000, that virtually any option would likely be
determined to exceed $500, rendering Section (e) less than effective.
Sustainable Cities Task Force
On
January 12, 2009, the Sustainable Cities Task Force adopted a recommendation
that specific criteria be established that would reduce the potential for solar
installations to unnecessarily and significantly impact visibility. However, the Task Force expressed concern
that the criteria set forth in subsection (e) of Section 9.04.10.02.220 of the
presently proposed ordinance [the proposed visibility standard] would be
contrary to State law and the Sustainable City Plan. As discussed below, legal staff reviewed this
concern and concluded that the proposed ordinance is consistent with State law
and City policy.
California Health and Safety Code Section 17959.1 and California
Government Code Section 65850.5 require that a city or county establish a
procedure to administratively approve applications to install solar energy
systems and prohibit the local government from exercising discretion to deny
these applications unless this denial is based on health and safety
requirements. As required by State law,
the proposed ordinance would eliminate barriers to the installation of solar
energy systems. Rather than requiring
discretionary review by the Architectural Review Board, the proposed ordinance
would establish a ministerial approval process governed by objective
standards. These standards include
specific height limits for solar energy systems, limitations on the
installation in the required side and rear yard, and restrictions on the solar
energy system’s visibility. As to this
latter provision, a solar energy system must be installed in the location that
is least visible from abutting streets directly in front of the subject
property unless that location would significantly decrease energy performance
or significantly increase costs. The
determination of least visible location will be made initially by the solar
energy system applicant. That
determination is capable of being approved ministerially based on objective
measurements. The measure for
determining whether performance is significantly decreased or cost is
significantly increased is objectively defined in the proposed ordinance. The City does not retain any discretion to
require diminished visibility based on aesthetic considerations or any other
non health/safety considerations if these objective standards are met.
General Plan Consistency
The proposed zoning
text amendment is consistent in principle with the goals, objectives, policies,
land uses and programs specified in the adopted General Plan. More
specifically, the amendments achieve 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.” An
objective associated with this goal is to “encourage activities and efficient
operations which favor energy conservation.”
The proposed
amendment does not substantially change the City’s approach to encouraging use
of renewable energy, but rather clarifies the solar energy design standards and
simplifies the approval process, thus promoting this Conservation Element goal
and objective.
The proposal is also
consistent with the City’s Historic Preservation Element, which seeks to
protect historic and cultural resources from inappropriate alterations, and
lists as an objective to ensure compliance with the California Environmental
Quality Act (CEQA). By requiring a
Certificate of Appropriateness for designated Landmarks and contributors to
Designated Historic Districts, the proposed zoning text amendment meets this
objective and protects the integrity of designated historic resources.
The proposed Zoning
Text Amendment also supports the objectives of the Sustainable City Plan (SCP)
and the LUCE Strategy Framework.
Although the SCP is not a General Plan Element, it provides important
policy direction that is also contained in the LUCE Strategy Framework. Language to support solar energy systems is
consistent with the goals of these documents to move
Environmental Analysis
The City’s action to modify requirements
and procedures pertaining to solar energy systems is a legislative action
subject to the requirements of CEQA. In
accordance with CEQA Guidelines Sections 15060-15061, staff conducted a
preliminary review and determined that this project is exempt from CEQA on the
following grounds:
The proposed ordinance is exempt pursuant
to CEQA Section 15061(b)(3) in that it can be seen with certainty that the
proposed ordinance does not have the potential to significantly impact the
environment in that the amendments are procedural in order to encourage and
streamline applications to install small-scale renewable energy systems.
Furthermore, the proposed text amendment is exempt based on CEQA Section 15331
in that its provisions protect historic resources based on application of the
Secretary of Interior Standards to designated historic resources.
Public Outreach
In compliance with SMMC 9.04.20.22, notices of the proposed text
amendment for both the Planning Commission and City Council hearings were
published in the Santa Monica Daily Press
a minimum of 10 days prior to the hearings.
In addition, the Green Building Program Advisor has held a series of meetings
with solar energy installers and interested community members to discuss the
needs involved in installing photovoltaic and solar water heating systems.
Financial Impacts &
Budget Actions
The
proposed action has no financial or budgetary impacts.
Prepared by:
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Approved: |
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Forwarded to Council: |
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Director,
Planning & Community Development |
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City Manager |