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.
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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