City of Santa Monica Solar Access Policy

Transcription

1 Attachment 2 City of Santa Monica Solar Access Policy Energy Reach Code All new residential buildings (1 3 stories) shall be designed to use fifteen percent (15%) less energy than the allowed energy budget established by the 2016 California Energy Code (Title 24), and achieve an Energy Design Rating (EDR) of Zero, which requires the use of solar photovoltaics. 1

2 CA Solar Rights Act Limits ability of Local Gov and HOAs to restrict solar Shade Control Act Tree that shades >10% is private nuisance PV owner is plaintiff No Access Law 2

3 Costs and Losses Scenario 5kW of Solar Installed: $14,000 Anticipated Savings: $1,356/year or $113/month (10 year Simple Payback) 10% loss (~2 panels shaded) = $11/month loss (11 yr S.P.) 20% loss (~4 panels shaded) = $22/month loss (13 yr S.P.) 40% loss (~6 panels shaded) = $44/month loss (17 yr S.P.) 5kW 3

4 In Good Company 4

5 3 Approaches to Grant Solar Access Agreements Easements Lessor Lessee Arrangements Government Allocation Zoning Permitting Solar Fences Court Assigned Rights Case by Case Cheerleading Grant right to create easements Grant Exemptions Prohibit solar restrictions Middle Ground Some rights, but burden the host property Strongest Protections Protection through Zoning or Permit systems that establish affirmative right Solar Fences Bulk plane protections up to full solar skyspace Restrictions on vegetation 5

6 City Role Boulder, CO Solar Fences by Zoning Dist Ashland, OR Calculates setbacks w/solar fence Sunnyvale, CA <10% shade on winter solstice West Hollywood New const cannot shade existing solar Weakest Protections California Allows voluntary easements and lawsuits for shading >10% Iowa Committee helps grant easements Nebraska Solar Skyspace Lease Santa Cruz, CA Resident Responsibilities Massachusetts Solar map identifying solar access permits New Mexico and Wyoming First in time, First in right and rights transfer with sale Strongest Protections Santa Monica s 2012 Study Found Existing state regulations provide voluntary means to address solar access City has process in place to address City owned trees that may shade solar LUCE includes setback standards for commercial buildings adjacent to residential zones Although hundreds of solar systems have been installed, there has been only one known instance where a new development affected access of an existing solar system to the sun For this reason staff did not recommend creation of additional requirements regarding solar access If conflicts arise, Staff recommends a Solar Access Standard similar to West Hollywood 6

7 Unintended Consequences Solar Access vs Urban Density priorities are potentially in conflict Delaying and/or reducing size development projects, Maintaining character of neighborhoods Conflicts between property owners Increased staff time to review permits/zoning requirements NRDC Case Study New construction shaded approximately 30% of the solar panels on the NRDC roof Since greater than 10% loss NRDC had grounds to be recouped for loss New building developer agreed to pay NRDC to upgrade solar panels to make up for lost production NRDC New Bldg 7

8 Which route for Santa Monica? Follow approach of neighboring City of West Hollywood A structure, fence, or wall shall not be constructed or modified in a residential zoning district, and vegetation (except for trees growing in the parkway) shall not be placed or allowed to grow to obstruct the solar system on a neighboring parcel to a degree that the system cannot function as intended to contribute to the energy needs of the property. The Review Authority may modify this requirement if it finds that strict compliance would unduly limit property development, or unduly interfere with the development potential as envisioned for the area in the General Plan or Zoning Ordinance. If the owner of the property where the solar energy system is installed is willing to relocate the system, the city has the discretion to require the property owner whose structure, fence, wall or vegetation may obstruct the solar energy system to pay the reasonable relocation costs. In order to prevent development on a neighboring property under this subsection, a solar energy system shall be: 1. Installed in such a manner that the system cannot feasibly be relocated to another part of the property on the date that the city deems the development permit application complete; 2. Functioning as intended to contribute to the energy needs of the property on the date that the city deems the development permit application complete; and 3. Capable of collecting, storing, and distributing solar energy to contribute to the energy needs of the property, including without limitation space heating, space cooling, electric generation, or water heating. Discussion 8

9 Extra Slides for Q&A Solar Fences Guides from CO and OR Boulder, CO static.bouldercolorado.gov/docs/pds/forms/solar access guide.pdf?_ga= Ashland, OR 9

10 Boulder, CO 10

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