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HomeMy WebLinkAboutAGENDA REPORT 2004 0218 CC REG ITEM 09BMOORPARK CITY COUNCIL AGENDA REPORT ITEM a • B. A607 T- Al TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Scott Wolfe, Principal Planner / DATE: January 27, 2004 (CC Meeting of 2/18/04) SUBJECT: Consider Adoption of a Resolution Establishing Design Guidelines for Photovoltaic and Other Solar Energy Systems on New Construction and Existing Facilities within the City BACKGROUND On June 18, 2003, the City Council considered a report by Community Development staff pertaining to the feasibility of requiring photovoltaic generation systems to be installed consistently on all new residences. Staff had studied the issue and determined that, while the photovoltaic technology shows promise, it has not yet progressed to the point that uniform placement of such systems would be cost effective. As part of the recommendation to the City Council, staff also suggested that the matter be further studied to determine what measures would be appropriate in those instances where the use of photovoltaic or other solar systems is feasible. Of particular concern was the establishment of guidelines pertaining to the placement of such systems, as they could cause an adverse visual impact. The City Council concurred and referred the matter back to staff for further study. DISCUSSION Since that time, staff has reviewed pertinent pre - empting laws and the practices of other cities. The City's ability to regulate these uses is limited by the California Solar Rights Act to those actions which do not affect either the cost of S: \Community Development \DEV PMTS \Z 0 A \2003 \Photovoltaic Guidelines \cc agenda report.doc Honorable City Council February 18, 2004 Page 2 implementing the system, or the efficiency of the system, by more than 200. In recognition of this, staff has proposed the guidelines shown in Exhibit A of the Draft Resolution attached to this report. These guidelines will allow staff to regulate the placement of these systems to safeguard the aesthetic characteristics of the City and its neighborhoods to the greatest extent allowable under the law, while ensuring that the ability of property owners to place and utilize these systems is not hindered. The main thrust of the guidelines is to strongly favor the placement of the proposed systems in locations which are the least visible from public rights -of -way, other public facilities, and neighboring residences and businesses. To this end, the guidelines place the burden of proof on the applicant to show that the placement in a non - preferred location is necessary to meet the requirements of the Solar Rights Act. On January 20, 2004, Staff presented a draft set of Guidelines to the Planning Commission for its review and recommendation to the City Council. The Planning Commission recommended the draft Guidelines to the City Council for approval with some changes, including relief from the Guidelines for solar systems that are integrated into the architecture or site design of the project. The recommended changes have been incorporated into the Guidelines for City Council review. ENVIRONMENTAL DETERMINATION The adoption of Design Guidelines for Solar Energy Systems is considered to be a "project" under the California Environmental Quality Act (CEQA), requiring an appropriate level of environmental review. In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with CEQA. Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of a significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. 1000003 Honorable City Council February 18, 2004 Page 3 The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Adopt Resolution No. 2004- establishing Design Guidelines for Solar Energy Systems. ATTACHMENTS: Draft Resolution 2004- 000004 RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING GUIDELINES FOR THE REVIEW AND APPROVAL OF THE PLACEMENT AND DESIGN OF SOLAR ENERGY SYSTEMS. WHEREAS, the City Council has identified the use of solar energy systems as an effective and desirable means of producing energy which is plentiful, non - polluting, and does not deplete the natural resources as many other energy sources do; and WHEREAS, the negative visual impacts associated with the use of these systems can be significant, particularly when viewed from neighboring properties or public rights of way and when not integrated into the architectural design of the buildings; and WHEREAS, the California Solar Rights Act limits the ability of the City to restrict the use or placement of solar energy systems to the degree that the costs would increase by more than twenty percent, or that the'efficiency would be degraded by more than twenty percent; and WHEREAS, the Design Guidelines for Solar Energy Systems are exempt from environmental review under the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. WHEREAS, the Planning Commission, at its meeting of January 20, 2004, recommended approval of these Guidelines to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. In recognition of both the desire of the City to regulate visual impacts and the limitations established in the California Solar Rights Act, the City of Moorpark establishes as a general policy the encouragement of solar energy systems in locations which provide the greatest potential energy generation, while actively striving to minimize the visual impacts of these systems from streets and neighboring properties. 000005 Resolution No. 2004 - Page 2 SECTION 2. Solar energy systems, as shall refer to any system, or component system, associated with the collection conversion to usable energy (whether electr the transmission and storage of that energy facility the equipment serves. referenced herein, equipment of such of sunlight, its icity or heat) , and to the building or SECTION 3. In support of this policy, the City of Moorpark hereby adopts the Design Guidelines for Solar Energy Systems within the City, attached hereto as Exhibit A. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 18th day of February, 2004. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A - Design Guidelines for Solar Energy Systems 000006 Resolution No. 2004 - Page 3 EXHIBIT A DESIGN GUIDELINES FOR SOLAR ENERGY SYSTEMS 1. These Guidelines shall apply to the installation and maintenance of solar energy systems for all uses in all zones Citywide. Solar energy systems, as referenced herein, shall refer to any system, or component equipment of such system, associated with the collection of sunlight, its conversion to usable energy (whether electricity or heat), and the transmission and storage of that energy to the building or facility the equipment serves. 2. Applicants proposing the placement of solar energy systems shall provide plans showing the requested location and configuration of the system, as well as any possible alternative locations and configurations which may better meet the intent of these guidelines. Should the applicant propose a location or configuration other than the location or configuration that best meets the intent of these guidelines, the applicant shall have the burden of proof to provide calculations which demonstrate that the location or configuration which best meets the intent of the guidelines will result in either an increase in system cost in excess of twenty percent (200), or a decrease in system efficiency in excess of twenty percent (20°) when compared to the location or configuration proposed by the applicant. If one of these can be demonstrated, then the system can be approved in an alternative location or configuration that best meets the intent of these guidelines without a twenty percent (200) increase in cost or twenty percent (200) decrease in efficiency. 3. Solar energy system equipment shall be placed in locations which are the least visible from public streets, public facilities, and neighboring properties. Avoiding visibility from public rights of way shall be the highest priority, followed by avoiding visibility from neighboring properties. Placement on the roof plane facing away from a street is the preferred location. 000007 Resolution No. 2004 - Page 4 4. Placement of equipment on flat roof elements is acceptable, so long as the equipment or its support structures are not visible from public streets, public facilities or neighboring properties. The equipment shall be screened with an architecturally compatible structure. 5. Equipment and required structural supports shall be placed as close to the roof plane as possible while still maintaining safe and effective operational conditions. Flush mounting is required on pitched roofs, unless flush mounting would constitute a significant impact on cost or efficiency, as defined by the California Solar Rights Act. Equipment and support structures shall not extend beyond the existing roof area or above the top of the wall or existing roof peak of the building upon which they are mounted. 6. Equipment frames, support structures, and related rooftop equipment shall be painted to match, as closely as possible, the predominant color of the roof. The color shall be subject to the approval of the Community Development Director. 7. All electrical wiring shall be enclosed in conduit and all exterior conduit and exterior plumbing on buildings shall be painted to match, as closely as possible, the surface across which they run. Ground - mounted plumbing and conduit shall be buried underground. 8. All solar energy system equipment shall be considered accessory structures and shall meet applicable setback and height limitations. 9. Solar energy systems may be designed in such a manner as to become architectural features of the building design. Although use of such a design would not meet these requirements relative to screening from public view, such design may be approved, at the discretion of the Community Development Director. 10. Solar energy system equipment, including hot water storage tanks, shall not occupy required parking spaces. 11. Non - functional solar energy systems shall be repaired or removed within 3 months of becoming non - functional. 0000 08 Resolution No. 2004 - Page 5 12. Review and approval of solar energy system installation to existing buildings shall be accomplished through non - discretionary process (i.e. Zoning Clearance), unless significant alterations to the subject building are required, as determined by the Director of Community Development. In these instances, a Permit Adjustment, Planned Development Permit or other discretionary process as determined by the Community Development Director shall be the appropriate mechanism for review and approval. 000009