Commission Meeting: November 5,
2008
Agenda Item: 9-A
To: The Honorable Planning
Commission
From: Eileen Fogarty, Director of
Planning & Community Development
Subject: Zoning Text Amendment to modify City of Santa Monica Municipal Code as it pertains
to Solar Energy Development and Design Standards, including SMMC Section
9.04.10.02.220 [Solar Energy Design Standards], SMMC Section 9.04.10.02.030
[Building Height and Exceptions to Height Limit], SMMC Section 9.04.10.02.070
[Reflective Materials], SMMC Section 9.04.10.02.140 [Screening Mechanical
Equipment], and SMMC Section 9.04.10.02.180 [Projections Permitted into
Required Yards]
Recommended
Action
It
is recommended that the Planning
Commission recommend to the City Council adoption of the proposed Zoning Text
Amendment.
Executive
Summary
This report proposes
amendments to SMMC Section 9.04.10.02.220 pertaining to solar energy system design
standards, and other related Zoning Code sections in order to facilitate installation of solar energy systems to
support the efforts of the Sustainable City Plan and the Solar Santa Monica program. The proposed language would be consistent
with California Government Code Section 65850.5, which provides that a city or
county shall establish a procedure to administratively approve applications to
install solar energy installations. The
proposed text amendment has been designed to reflect current installation
methods for both solar photovoltaic and solar heating systems and includes
minor modifications to four other sections of the Zoning Code whose
requirements affect installation of solar energy systems. Applications that
meet the new development standards would be exempt from Architectural Review
Board (ARB) review. However, the ARB
would still review larger structures. Installations on designated historic
properties would remain within the purview of the Landmarks Commission. The
proposed action has been determined to be categorically exempt from the
California Environmental Quality Act (CEQA).
Background
The City of
The City offers a
program, known as Solar Santa Monica, 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 Code
amendment aims to establish a streamlined, administrative process for most
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 ARB. Applications
to install atypical solar energy systems, such as solar canopies, or other proposals
in which the solar energy system’s support structure is used as a building
element rather than solely for energy production, would require review and
approval of the Architectural Review Board.
Additionally, the
standards would clarify that solar energy systems proposed on designated
Landmarks and Historic District contributor properties would require a
Certificate of Appropriateness from the Landmarks Commission liaison. In this way, such installations would be
evaluated in terms of compliance with the Secretary of Interior’s Standards for
Rehabilitation. 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
conduits from being visible from the front street elevation.
·
(c) establishes the 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.
This proposed five-foot exception is consistent with other height limit
exceptions in the SMMC and would be adequate for most typical solar energy
system installations. Solar energy
systems installed more than five feet above the roof surface would be
considered to also function as building elements, and thus would be subject to
design review.
·
(d) establishes that solar energy equipment 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 the visibility of the solar panels and
conduits from the public right of way be reduced to the greatest possible
extent so long as this does not significantly decrease energy performance or
significantly increase cost. This sub-section also sets forth how such
determinations are to be made. For example, an applicant may propose to install
solar panels towards the front of a building with a flat roof. If those same solar panels could be moved to
rear of the flat roof, perhaps this would improve the massing and consistency
with the architecture of the neighborhood without significantly decreasing the
energy production of the solar panels or unreasonably increasing the cost. Solar energy system placement is also tightly
governed by Building and Safety and Fire requirements, which would factor in to
the feasibility consideration.
·
(f) establishes that any proposed installation that does not
comply with the solar energy design standards requires review and approval of
the ARB.
·
(g) 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 for the
installation.
It is proposed to
define a “reasonable decrease” in energy production as 10%, while a “reasonable
cost increase” would be defined as $500 for single-family homes and $2,000 for
all other buildings. State law permits a Home Owners’ Association to relocate a
proposed solar energy installation if the alternative placement does not
decrease production by more than 20% or increase the cost by more than $2,000. Staff proposes tighter parameters than those
allowed for HOAs for alternative location to reflect the high priority that the
city has set on solar power production. Staff
notes that the constraints of building requirements will often preclude the
viability of alternative placements anyway.
The following amendments are also proposed to
clarify that various property and development standards should not apply to
solar energy systems:
·
- 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
rear and side yards.
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 ensures continued integrity of the CEQA process when
solar energy installations are proposed on 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 the California Environmental
Quality Act (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.
Alternative Actions:
In addition to the recommended action, the Planning
Commission could consider the following with respect to the project:
A1. Revise
and recommend adoption to City Council
A2. Recommend that the City Council not adopt the subject ordinance.
Conclusion
Adoption of
the proposed provisions would facilitate the City’s solar energy goals, ensure
compliance with State law, and would be consistent with concurrent changes to
the review and approval processes being developed with the Building and Safety
Division and the Fire Department. It is recommended that the Planning Commission
recommend that the City Council adopt the proposed Zoning Text amendment
Prepared by:
Brenden
McEneaney,
Elizabeth
Bar-El, AICP, Senior Planner
ATTACHMENTS
A. Proposed Text Amendment
B. Notice of Public Hearing
ATTACHMENT
A
Proposed
Text Amendment
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. (Prior code § 9040.22)
This Section establishes development
standards for solar energy systems, which shall apply to all solar energy
system installations. Notwithstanding
SMMC 9.32.120, solar energy systems installed 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. For solar energy systems installed on newly
constructed buildings, any required review and approval by the Architectural
Review Board shall be limited to review of the conformity of the solar
installation 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, 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 and conduit, solar energy systems shall not be visible from the public right-of-way on
the front elevation of a building.
(c)
The height of solar
energy systems are subject to the following standards:
(1) Solar energy
systems installed on single-family dwellings may extend up to five feet above
the height limit in the zoning district;
(2) Solar energy
systems installed on all other properties 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.
(3) Subject to ARB
review and approval, solar energy systems may exceed the height limit in any
zoning district a maximum of 14 feet.
(d) 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) If
alternatives exist to the proposed design that do not significantly decrease
the energy performance or significantly increase the cost of the solar energy
system, the alternative design that
reduces the visibility from adjacent
properties and from the public right-of-way to the greatest extent shall be
selected.
(1) For energy performance, “significantly decreasing” shall be defined as decreasing the expected annual energy production by 10 percent or more. (2) For
the cost of solar water heating systems, “significantly increasing” shall be
defined as increasing the system cost by 20 percent or more. For the cost of solar photovoltaic systems,
“significantly increasing” means increasing the system cost by $500 or more for
a single-family residential building, or by $2000 for all other buildings.
(3) The
review and determination of the cost or energy efficiency of installation
alternatives shall be made by the City’s Energy and
(f) Proposed solar energy installations that
do not meet the standards set forth in this Section shall be reviewed and
approved by the Architectural Review Board in accordance with Chapter 9.32
prior to issuance of a building permit.
(g) Solar energy
systems shall not be installed on a property containing a designated Landmark
or contributing structure to a designated Historic District, as defined in
Section 9.36.030 of this Code, unless a Certificate of Appropriateness is
approved by the Landmarks Commission Liaison.
Other Proposed Code
Modifications:
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).
9.04.10.02.140 Screening mechanical equipment.
Other
than solar energy systems as defined in Section 9.04.10.02.220, all
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. (Prior code § 9040.14)
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;
however, 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. (Prior code § 9040.7)
(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
Ocean Park Districts, building height shall be measured vertically from the
theoretical grade to the highest point of the roof.
(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. However,
this limitation shall not apply to equipment associated with 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.
(23) 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.
ATTACHMENT
A
Notice of Public Hearing
NOTICE OF A PUBLIC HEARING
BEFORE THE
SUBJECT: A Public Hearing will be held by the Planning Commission on the following:
Appeal 08-013,
Amendment to SMMC Section 9.04.10.02 (Zoning Ordinance) To Revise Design
Standards for Solar Energy Installations. The Planning Commission will make a recommendation on proposed
amendments to the Zoning Ordinance Property
Design and Development Standards that apply city wide and will facilitate the
installation of solar energy equipment to achieve maximum energy production
efficiency while ensuring design compatibility in compliance with
|
WHEN: Wednesday, November 5, 2008 at 7:00 p.m. WHERE: Council Chambers, City Hall |
|
HOW TO COMMENT
The City
of
MORE INFORMATION
If you want additional
information about this project or wish to review the project, please contact the
Project Planner (310) 458-8341. The Zoning Ordinance is available at the
Planning Counter during business hours or available on the City’s web site at www.smgov.net. The meeting facility is wheelchair accessible. If you have any
disability-related accommodation request, please contact (310) 458-8341, or TYY
Number: (310) 458-8696 at least five (5) business days prior to the meeting.