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SR-10-C );--- "" ,. . . /CJ-C Santa Mon~ca, California, Apr~l 14, 1:)81 .il-/f-f/ JI.. '... TO: Mayor and City Counc1l I'ROH: Energy Task Force SUBJ~CT: Recommendations of the Energy Task Force Introduction Th1s memo transmits the recommendations of the Energy Task Force including adopt1on of an ord1nance add1ng an Energy Code to the Santa Mon1ca Mun1c1pal Code. Background The Energy Task Force was directed by the City Council to exam1ne areas relating to Santa Mon1ca1s bU1lding and zon1ng codes where opportun~t1es eX1st for solar energy and conservation programs in the built enV1ronment and to recommend ord1nances and programs which the C1ty might adopt. ""h -. Energy Task Force 1S composed of representat! ves of the following boards and commiss1ons: B1II Allen, Rent Control Board; Do~a Ashford, Housing Comm1ssion; Susan Cloke, Planning Commission; Laurel ~oennau, Architectural Review Board; and Councilperson Cheryl Rhoden who has served as Chalrperson. The Energy Task Force has held thlrteen meetings wh1ch have been attended by local experts worklng in the field of energy, as well as interested members of the public who have shared the1r exper1ence and given valuable input in the Task Force's consld- eratlons. Th1S is reflected in the recommendations which the If; - C- .J/- /f/ -j/ . . . Mayor and C~ty Council - 2 - April 14, 1981 Energy Task Force is forwardlng at this time. In making these recommendatlons, the Task Force has drawn on the experience of other communitles throughout Ca11fornia which have adopted local initiatlves in response to the growing concern with energy problems. The Governor's Office of Approprlate Technology survey of local jurisdlctions of August 1980 revealed that 214 cities and counties throughout the State have proposed or implemented some form of energy program. Working with a representatlve of the Solarcal Local Government Commission on Conservation and Renewable Resources, the Energy Task Force reviewed the programs of other Jur2sdlctions with similar laws in developing the pr~posed ordlnance, reflectlng Santa Monica's special needs and circumstances. The recommendations of the Energy Task Force included in the proposed &!ergy Code relate to sever~l areas of energy conservat~on: the retrofitting of ~nergy conservation meaSLres in ex~sting bui1dlngs: solar water heaters in new build~ngsi passive design in new construction; heating of swimming pools and spas; clotheslines; and protectlon of solar access. The Energy Conservat~on Law would require that all buildings not bU1lt 1n accordance wlth T~tle 24 energy conserving building standards effective July 1, 1978 be retrofit with specif~ed energy conservation measures at the time of sale, major alterations or add~t~ons, or by December 31, 1985, whichever is sooner. The energy . . Mayor and City Counc~l - 3 - Aprll 14, 1981 conservation measures requ~red are: ceiling ~nsu1ation in single farnlly homes; weatherstrlpplng of doors and windows; insulation of water heaters; insulation of recirculating hot water piping and heating and coo11ng ducts; repair of broken windows and caulklng of openings ln the building envelope; low-flow shower- heads; eqUlpplng of existlng swimming pools using fossil fuel heaters with a solar energy system and discontinuance of the use of fOSSll fuel swimmlng pool heaters after 1985,and lnsulated covers for heated sWlrnming pools and spas. Lightlng and alr conditioning of co~mercial establlshments would be limited to the operatlng hours of the buslness, except for security llghtlng and special circumstances. The State bUlldlng regulatlons requlre energy conservatlon measures in new construction. Buildlngs WhlCh were constructed after lmplementatlon of these energy conservlng building standards, effectlve July 1, 1978, would be exempt from the requirements of the proposed ordlnance. However, more than one-fourth of the houslng eXlsting In Santa Monlca in 1970 was bUllt before 1940 when energy efficiency standards were unheard of. Most of this houslng is slngle famlly homes. ApproXlmate1y 75% of Santa Moulca's rental housing was constructed between 1940 and 1970. The resldent~al sector accounts for 53.1% of the total natural gas and e1ectr~city consumptlon ln the city, and 21.6% of .....----.~~-------~.....:~ . . Mayor and C~ty Council - 4 - Apr~l 14, 1981 residential end use represents space heating. The Munic~pal Solar and Conservation Ut~l~ty report shows a substant~al potential for energy savings from simple energy conservat~on measures des~gned to lim~t heat loss. The cost of these measures can be recovered from savings on energy bills, in most cases in less than f~ve years. The payback on even the most expensive ~tems is less than ten years. The ordinance would require compliance of all properties by December 31, 1985. Th~s is the date on wh~ch tax credlts for energy conservatlon w~ll exp~re. Although tax cred~ts will not be included in determinatlons of cost"effectiveness under the ordlnance, because federal and state tax credits provide additional lncent~ves to undertake these measures before the end of 1985, the Energy Task Force has used thlS date as the inltial goal for retrofittlng of all houslng with IDlnlmal energy conservatlon measures. The Mun~clpa1 Solar and Conservation Utility report presented to the City Counell in October 1980 shows that water heatlng accounts for 43.4% of the resldential end use of natural gas and electr~city in Santa Monica. An analysls of the economlCS of solar water heating in the Southern California Edison Company and Southern Callfornia Gas' Company serVlce territor~es of which Santa Monica is a part shows it to be cost-effectlve. The proposed ordinance would require that all new bUlldlngs include a solar energy system . . Mayor and C1ty Counc1l - 5 - Apr1l 14, 1981 as the pr1mary means of heat1ng water. Exemptions are provided for s1tuations where this would not be cost-effective, espec1ally in cornmerc1al buildings where domestic water use lS l1mited or an alternative means of heating water would be more cost-effect1ve. The Pass1ve Design Law would requ1re operable w1ndows in all res1dential bUlld1ngs and those parts of non-residential buildings pr1mar1ly occup1ed as working space for people. Convent1onal air refrigerat10n systems (a1r cond1tloning) would be by permit only and the ord1nance spec1fies several condltions under which ~he perm1t would be granted. It would requ1re the exhaustion of available passlve deslgn cGo11ng features before a permlt for conventional air condltioning would be granted. Because of Santa Monlca's mild climate, a1r refr1geration cooling systems are unnecessary 1n most s1tuat1ons if attention has been giv~n to or1entation and shadinq of w~ndows to llmit heat sain, and prov1s1on has been made for natural ventllation, tak1ng advantage of Santa Mon1ca's ocean breezes. In large proJects, archltectf are already comm1tted to detailed consideration of heatinq and ventllat1ng systems, and thus have a responS1bl1ity to be sensitive to opportun1ties to incorporate paSS1ve design features which w1ll result 1n greater energy eff1c1ency in the proJect. These deslgn features need not be unconvent1onali slgnificant opportunities exist with standard bU11ding practlces. The ord1nance would - . Mayor and City Council - 6 - Apr~l 14, 1981 establ~sh a pol~cy encourag~ng the maximum use of pass~ve design heat~ng features, and plans for new bu~ld~ngs would be rev~ewed by the Bu~lding Off~cer to determine a good faith effort has - been made to lncorporate these features in the des~gn. It would also encourage the maximum use of natural lighting ln the ~nterlor of build~ngs. The Clothesline Law would prohlbit any restrlction against use of clotheslines for drying of laundry and would requlre that space be provlded for clothesl~nes in new residential developments. The Energy Task Force has proposed fossil-fuel heaters be prohiblted for new swimming pools, but would allow ccnventianal means of heatlng spas and Jacuzzls because alternatlve means are not cost-effective. Convent~onal pool heating systems would be allowed as back-up systems for pools used for physical therapy if a solar energy system provided the primary means nf heatlng. A requirement for insulated covers on spas and swimmi.lg pools has been recommended in order to 11mlt heat loss througH evaporation. Any energy conservation program adopted by the city must be certifled by the Californ~a Energy Commisslon. Before a program can be certlfled, it must he shown to be cost-effect~ve by Energy Cammlss10n guidellnes. In speclfy~ng energy conservat1on measures (e.g.,R19 ce~ling ~nsulation, R6 water heater Jackets), we have used the standard required In new construction under Tltle 24 of the Cal~fornla Admlnistrative Code. These energy canservlng -- . Mayor and City Councll - 7 - Apr11 14, 1981 bu~lding standards have been determined approprlate for satisfactory performance by the California Energy Commlss~on. The Solar Access Law would require that new resident~al bui1d~ngs be deslgned to allow access to unobstructed sunlight to the adjoining properties for six hours measured on December 21, the date on WhlCh the potential for shad1ng 1S greatest. Local solar contractors advise SlX hours access is necessary for successful util1zation of the solar energy system. The solar access protection parameters were determined by analYZ1ng the shadow that would be cast by a bU1lding constructed to current zoning standards. In most instances, the requ~red solar access can be provided w~th~n these presently allowed development standards. 'l'he ord1nance l.ncludes a F'rovision for flexibility 1n sideyard requ1remenc~, Ihere necessary. I The Energy Task Force recognlzes a s19n1ficant problem exists in protecting solar access when commercial property 1S developed. This 1S of particular concern where commerc1al developments are adjacent to or infr~nge on res1dential dlstr1cts. Because of the numerous variable sltuatlons and the Task Force's limited time frame, parameters for protectlon of solar access ln these situations remal.n to be established. 1 -- . Mayor and City Council - 8 - April 14, 1981 Recorrunendation It 15 respectfully recommended the attached Energy Code be forwarded to the Planning Commission and the Commission be directed to make 1ts recommendation to the C1ty Counc11 on the proposed ordinance. Because of the lLffiited time frame within which the Energy Task Force has operated, several additional areas could not be investlgated. In add1tlon to the proposals lncorporated in the attached ordinance the Energy Task Force recorrunends that further study be g1ven to the follow1ng matters: Modif1cat1on of the Zoning Ordlnance to allow flexibility in sldeyard and setback requirements ln order to facilitate orlentation of bUlld1ng5 to maximize opportunities for passlve solar design. Preparatlon of an EneLgy Llement of the General Plan. Protectlon of solar access in rpsldentlal distrlcts adjacent to corrunerclal di5trl_,~t:s. Protection of solar access wlthln the corrunercial and industrial d1stricts. Incentive programs such as the Municipal Solar and Conservation UtilLty, includlng consumer warranty information. Prepared by: patricla Rellly PR:nh , ~ . . . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF S&~TA MONICA ADDING ARTICLE XII TO THE SANTA MONICA MUNICIPAL CODE, RELATING TO ENERGY CONSERVATION SECTION 1. Article XII, relating to Energy Conservation, is hereby added to the Santa Monica Municipal Code, to read as follows: ARTICLE XII: ENERGY CONSERVATION Chapter 1: GENERAL PROVISIONS Sectlon 12101. Name. Purpose. This Artlcle shall be called the "Energy Code". Its purpose is to restrlct the use of non-renewable fossil fuels without altering the llfestyles of residents or imposlng undue hardshlps on the businesses in the Clty of Santa Monica. Seetlon 12102. Definitions. Unless specified in another chapter, the followlng definitions shall apply: a) "CoITlI'lercial property" or "Commercial building" shall mean the place of operation of any business requlring a business license under Article VI of the Municipal Code, but not including home occupatlons and apartment buildings. b) "Conventlonal air refrigeration systems" shall mean all air conditioning systems fueled by fossil fuel forms of energy and electrical energy generated off-site. c) "Conventional swimming pool heating system" shall mean any swimming pool heating system fueled by fossil fuel forms of energy or electrical energy generated off-site. 1 . . d) "Cost-effective", as applied to existing buildings, shall mean that the cost of the required measures, contractor- installed, including financing costs and not including tax credits, can be recovered withln a period af not more than ten years froM savings on energy costs. e) "Cost-effective", as applied to new canstructlon, shall mean that the life-cycle benefits of the device exceed the life-cycle costs, including the costs of installation and flnancing. The prime rate shall be used as the interest rate in calculating cost-effectiveness. f) "Feasible" shall mean capable of being accomplished in a successful manner within a reasonable per10d of time, taking into account economic, environmental or technological factors. g) "Operable windows" shall mean windows capable of being manually opened and closed. h) "Passive design cooling features" shall include but not be lim1ted to operable windows, vents, overhangs, building orientation, placement of windown in the build1ngs, off-peak or nighttime cooling systems, thermal mass and heat storage systems. i) "Passive deslgn heating features" shall include but not be limited to building orientatlon, orientation of windows, thermal mass and heat storage systems. 2 . . J)"Residential" or "res~dent~al build1ng" shall mean one-family attached or detached, and multiple family dwel11ngs as defined in Section 9102 of the Munic1pal Code. For purposes of this Article, mob1le homes are not considered residential buildings. k) "Solar access" shall mean the provision of unobstructed, direct sunlight for six hours between the hours of 9:00 a.m. and 4:00 p.m., Pacific Standard Time, on December 21, sufficient for the effective use of a solar energy system whose primary purpose is heating domestic potable water. 1) "Solar energy system" shall mean any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating, or for electr1city. m) "Spa" or "Jacuzzi" shall mean any outdoor structure, basin, chamber, or tank conta1n1ng an artificial body of water more than eighteen inches deep and having a water surface of less than f~fty square feet, intended to be maintained at a temperature exceeding ninety-five degrees fahrenheit for recreational or social bathing. n) "Swimming pool" shall mean any structure, basin, chamber or tank conta~ning an artif~cial body of water more than eighteen inches deep and having a water surface area of more than fifty 3 . . square feet for swimming, diving, or recreatlonal or therapeutic bath~ng . 0) "Unusual hardship" shall mean that a strict interpretation of this Code, or its application to any specific case or s~tuation would result in the unreasonable deprivatlon of the use or enjoyMent of property, or would requlre the expenditure of unreasonable sums of money. Sectlon 12103. Fees. The Clty Council may, by Resolution, set fees to recover the costs of administering or enforcing any part of this Code. Section 12104. Appeals. Except as specifically provided in other parts of this Code, the Building Offlcer shall deternine claims that measures are not cost-effective, exemption requests, and hardship claims. Any person or persons who consider themselves aggr~eved by a decision of the Building Officer may. within 15 days, appeal said determination to the Building and Safety Commission, whose decision shall be final. Sectlon 12105. Enforcement. a) Violation of any provislon of this Code shall be a CiVll infraction. The Administrative Law Judge may, upon a finding that a violation has occurred, impose a fine of up to $100 for each violation, or issue orders necessary to insure compliance. Violation of such an order is punishable 4 . . by an additional civil fine of $100 for each day of non- compliance, and may be abated as a public nuisance. b) Violation of any provision of this Code shall be a misdemeanor, punishable by a fine of up to $500 for each violat~on, or impr1sonment for up to 6 months, or both. Chapter 2. ENERGY CONSERVATION REQUIREMENTS FOR ALL BUILDINGS. Section 1220l. Name. Purpose. This Chapter shall be called the Energy Conservation Law. It is the intent of this Chapter to insure that all housing in the City of Santa Monica for which building permits were 1ssued prior to the implementation of California Administrative Code, Title 24, energy conserving building standards (effective July 1, 1978), has been retrofitted prior to resale with minimum energy conservation measures to the extent such measures are cost-effect1ve and feasible. It is the further intention of this ordinance that all such housing be so retrofitted no later than December 31, 1985. Section 12202. Energy Conservation Measures. a) Except as specified, all buildings in the City of Santa Monica shall prove compliance with minimum energy conservation measures required by this Chapter. The entire building must be brought into compliance before recordation of a deed or contract for sale purusant to California Civil Code Section 2985, upon the addition to or alteration of any structure in which theion 5 . . cost of such addition or alteration is equal to fifty percent or more of the valuation of the existing building, or by December 31, 1985, whichever is sooner. b) The deadline for compliance with this Chapter may be extended for up to one year beyond December 31, 1985, if the property owner presents evidence of an energy audit and the Building Officer determines on the basis thereof that the building substantially complies with the provisions of this Chapter. c) Newly constructed buildings for which building permits were issued after implementation of California Adm1nistrative Code T1t1e 24, Energy Conservation Standards for New Buildings (effective July I, 1978) and all mobile homes shall be exempt from the requirements of th1s section. The following classes of title transfer shall be exempt from the requirements of th1S sect1on: title transfer involving estates, bankruptcy claims, foreclosure, co-owners, and property settlement between marriage partners. d) The following minimum energy conservation measures shall be required in all residential buildings except as specified: 1) All ceilings adjacent to unheated areas in single family homes shall be insulated to a minimum resistance value of R19. 2) All doors and windows exposed to exterior conditions or to unheated areas shall be fully weathers tripped in such a manner as to effectively and reliably limit air infiltration. 6 . . Adhesive foam type weatherstripplng shall not constitute compliance. 3) All natural gas, electric resistance, or other fossil fuel-fired domestic water heaters shall be fitted with external insulation rated at a minimum thermal resistance value of R6. 4) All uninsulated rec1rculatLng hot water piping in unheated areas such as attics, garages, basements or crawl spaces shall be insulated in accordance with California Administratlve Code, Title 24, Energy Conservation Standards for New Residential Buildings, Section T20-1406(d). 5) All uninsulated transverse duct plenums and fitting joints from all heating and cooling equipment in unheated areas such as attics, garages, basements or crawl spaces shall be sealed with pressure sensitive tape or mastic to prevent alr loss and insulated 1n accordance with Callfornia Administrative Code, Title 24, Energy Conservation Standards for New Residential Buildings, Section T20-l404. 6) Any broken windows shall be repaired and any cracks or holes in the building envelope large enough to allow llght to pass from an unheated to a heated area must be sufficiently caulked to limit air infiltration. This standard does not apply to infiltration caused by a missing or poorly fitting fireplace damper. 7) All shower fixtures shall be fittled with low-flow showerheads such that the maximum flow rate of the fixture does not exceed three gallons per minute. 7 . . 8) All swimming pools using fossil fuel heaters shall be equipped with a solar energy system. The use of fossil fuel heaters for swimming pools shall be prohibited after December 31, 1985. NOTE: A recent opinion of the Attorney General indicates that local governments are preempted from requiring solar heating of swimming pools. Further research into this will be required. 9) All swimming pools, spas or jacuzzis heated by fOSS11-fuel heaters shall be fitted with insulated covers to limit heat loss. e) The following minimum energy conservation measures shall be required in all commercial buildings: 1) The use of electrical energy for lighting of commercial buildings and grounds shall be limited to the operating hours of the business, except that sufficient lighting may be provided at all times to provide a minimum level of protection and security to persons and property. 2) The use of electrical energy for air cond1tioning, heating, cool1ng and ventilating commercial establishments shall be limited to the operating hours of the business, unless such use is required by law or is essential to provide necessary services and reasonable temperatures during business hours or for the protection of temperature-sensitive goods, wares, merchandise or operations. f) No transfer of t1tle shall be invalidated because of failure to comply with this Chapter. 8 . . g) Proof of compliance with or exemption from the energy conservation requirements of Sections 12202(d) or (e) shall be submitted to the Building Department no later than the date of the recording of the deed or contract of sale pursuant to civil Code Section 2985, the date of the final building ~nspection in the case of additions or alterations, or December 31, 1985, whichever is sooner. Chapter 3. SOLAR WATER HEATERS. Section l2301. Name. Purpose This Chapter shall be called the Solar Domestic Water Heater Law. It is intended to reduce the requirement for fOS511 fuel types of energy for the heating of water by 50% or more for each structure covered by this Chapter. Care shall be taken by the designer to aesthetically integrate solar equipment with the architecture of the structure or landscaping. Section 12302. Solar Water Heating Requirements for New Construction. a) No building permit shall be issued for a new residential or commercial building unless said building includes the use of a solar energy system as the primary means of heating domestic potable water.This requirement shall apply to all permits for all buildings applied for on or after July 1, 1981. b) All such solar energy systems shall comply with the requirements of Section 12303. c) Nothing in this section shall preclude the installation of a convent~onal back-up water heating system capable of 9 . . .- augmenting the solar energy system during periods of inclement weather. d) The City Council may adopt, by resolution, solar water heating guidelines to assist in the implementation of this sectl0n. Requ1red solar energy systems shall at minimum meet or exceed said guidelines or shall conslst of an alternat1ve design which, in the opinion of the Building Officer, is sufficient to meet or exceed the stated intent of this Chapter. Section 12303. SOLAR WATER HEATING REQUIREMENTS To qualify for a build1ng permit, the proposed solar energy system must meet all requirements necessary for the California State Tax Credit for as long as such credit is made available by the State. In addition, except for owner-constructed solar energy systems, the applicant must provide written proof that: l) The solar energy system has been certified by the California Energy Commission. Programs such as "Test1ng and Inspection Program for Solar Equipment" (TIPSE) and "Cal Seal" or other successor programs qualify as proof of certification. 2) The purchaser has been made aware of where the solar energy system may be serviced and the name and address of the service company. 3) The purchaser has agreed to, or has waived, a bonded warranty. 4) The purchaser has received a service manual on the solar water heater written in language understandable by a lay person. Such manual shall include a set of operating instructions which describe how the system functionsl the minimum serv~ce 10 . . levels expected from the system, and how to operate the system for maXlmum efficiency. Section 12304. EXEMPTIONS a) An applicant for a building permit may request an exemption from the Building Officer from the requirements of this Chapter where installation of a solar energy system is not feaslble or cost-effective. b) An applicant for a permit for a commercial buildlng may request an exemption from the Buildlng Officer from the requlrements of this Chapter when any of the followlng conditions exist: 1) The building will have a water heater of less than thirty (30) gallon capacity; 2) The building will incorporate an alternatlve system for heating water which is more cost-effective. Chapter 4. PASSIVE DESIGN FOR BUILDINGS. Section 12401. Name. Purpose. This Chapter shall be called the Passive Design Law. Its purpose is to lessen use of fossil fuels by reducing the need for heating, lighting, ventilating and conventional air refrigeration systems fueled by fossil fuel forms of energy. Section l2402. Required Passive Design Features. a) All new residential buildings shall have operable windows. b) All new non-residential buildings shall be required to 11 . . ~ max~mize use of passive cooling design features and to have operable windows to provide natural ventilation in space primarily occup~ed as working space for people. Spaces used for storage and equipment shall be excluded from this requirement. c) The installation of conventional air refrigeration systems shall be by permit approved by the Build~ng Officer. Permits may be granted where air refrigeration systems are necessary because of the nature of the business, peculiarities of the design of the building, inadequacy of passive design cooling features, or in cases of unusual hardship. d) It shall be the P011CY of the City of Santa Monica to encourage the maximum use of passive des1gn heating features and the maximum use of natural light in the interior of build1ngs. The Building Officer shall review all plans to determine that a good faith effort has been made to facilitate heating with passive design features and use natural lighting. Chapter S. CLOTHESLINES Section 12501. Name. Purpose. This Chapter shall be called the Clothes11ne Law. Its purpose is to promote the use of outdoor clotheslines for the drying of laundry. Section 12502. Prohibitions; Requirements: Exemptions. a) It shall be unlawful to establish or maintain any restriction which prohibits the use of clothesline on any residential property. b) All new residential developments requiring 12 . . ~ Architectural Review Board approval shall include suitable space or facl11ties to enable residents to dry their laundry using the sun. Such clotheslines shall be convenient to washlng facilities and orlented so as to receive sufflcient sun to dry clothes throughout the year. c) The Architectural Review Board may exempt a development from the requirements of this sectlon where provision of the required space would not be feasible. Section 12503. Appeals Any person or persons who consider themselves aggrieved by a decision of the Architectural Review Board may, within 15 days, appeal said determination to the Planning Commission, whose decision shall be final. Chapter 6. SWIMMING POOLS Section 12601. Name. Purpose. This Chapter shall be called the Swimming Pool Law. Its purpose is to ellmlnate the use of fossil fuels in the heating of swimming pools and to reduce the use of fossil fuels in the heating of spas and jacuzzis. Section 12602. prohibitions and Requirements. a) New conventional swimming pool heating systems shall be prohibited, except that spas and jacuzzis may be heated by conventional means. Where a swimming pool is connected to a spa or jacuzzi which is heated by conventional means, separate filtration systems shall be required. b) ThlS section shall apply to pools designed and used 13 . . ~ for phys1cal therapy. If necessary to maintain the proper temperature year-round, such a pool may be equipped with a back-up conventional pool heating system, if it is equipped with an act1ve solar energy system as the primary means of heating the pool, and fitted with an insulated cover suff1cient to lim1t heat loss. c) All spas and Jacuzzis shall be fitted with insulated covers sufficient to 11mit heat loss. d) No permit shall be issued by the Building Offlcer for the connect10n of a pool heating system unless the system complies with the provisions of this Chapter. 14 . . ~ .' Chapter 7. SOLAR ACCESS Sectlon 12701. Name. Purpose. ThlS Chapter shall be called the Solar Access Law. Its purpose lS to make possible the successful use of solar energy by perwltting the use of solar energy systems In all zones as a matter of rlght and protect1ng access to sunlight necessary to such systems. NOTE: In additlon to lncluslon ln the Energy Conservatlon Ordlnance, the provislons of thlS Chapter are subJect to Codlflcatlon as part of Article IX, Zonlng Regula- tlons. Beetlon 12702. Permltted Use. Solar energy systems are a permltted use In all zones, whether as a part of a structure or lncidental to one or more structures, although effort should be made to integrate such systems archltecturally. The use of solar energy systems 1S subJect to the restraints imposed by the zonlnq. limltatlons of th1s Code, by eX1stlng vegetation, bUlldings, walls, fences and other structures and by dlverslty of topography. Section 12703. Solar Access Protection. a) Single Fawl1y Dlstricts. No bUlldlng permit shall be issued if the proposed building, wall, fence or other structure would cast a shadow greater than that WhlCh would be cast by a hypothetical elght 15 . . ~ .' foot obstructlon located on the property 11ne. The adjacent property owner must be left free of such shadow for SlX hours between 9:00 a.w. and 4:00 p.m. on December 21. b) In the R2 D1str1ct, no bui1d1ng permit shall be lssued If the proposed build1ng, wall, fence or other structure would not allow unobstructed access to sunlight to the bUlld- able area of the adJacent property twelve feet above the average natural grade for SlX hours between 9:00 a.m. and 4:00 p.m. on December 21. c) In the R2R Dlstr1ct, no build1ng permit shall be lssued 1f the proposed bU1ld1ng, wall, fence or other struc- ture would not allow unobstructed access to sunlig~t to the bU1ldable area of the adjacent property twenty feet above the average natural grade for six hours between 9:00 a.m. and 4:00 p.m. on December 21. d) In the R3 D1strlct, no bU1ldlng permlt shall be is- sued 1f the proposed bU1ld1ng, wall, fence or other structure would not allow unobstructed access to sunllght to the bUlld- able area of the adjacent property twenty feet above the ave- rage natural grade for SlX hours between 9:00 a.m. and 4:00 p.m. on December 21. e) In the R4 Distrlct, no bUlld1ng permit shall be lssued if the proposed bUlldlng, wall, fence or other structure would not allow unobstructed access to sun11ght to the build- able area of the adjacent property thirty feet above the average natural grade for SlX hours between 9:00 a.ID. and 4:00 p.m. on December 21. 16 . . . . f) Fny property developed to the standards of another more restrlctlve dlstrJct must meet the solar access standards of that dlstr1ct. g) It lS not the lntent of th1S ordlnance to reduce the dens1tv of develop~ent allowed under the Zonlng Ord1nance. Flexlb1l1ty in the sldeyard reQUlrements may be allowed where necessary to acco~pllSh the ?Urp05es of thlS ordlnance. h) Contractors lnstalllng solar energy systems shall place such systems so that the solar collectors have access to unobstructed sunllqht to the maXl~um extent feasible. Sectlon 12704. Shade Control. a) It is the lntent of thlS sectlon to qlve the owner o~ a solar energy system the r1ght to receive sunllght to the solar energy system once lt 15 lnstal1ed and to prov1de the means by WhlCh the owner may enfore thlS rlght. b) No person ownlDg or lD control of a pronerty shall allow any vegetatlon, wall, fence or other structure to he placed, or 1n the case of vegetatlon, to grow on such pro- pertv, subsequent to the 1nstallatlon of a solar energy syste~ on the property of another so as to cast a shadow over ~ore than 10 percent of the absorpt1on area of the syste~ dur1nq six hours between the hours of 9:00 a.~. and 4:00 p.~. on December 21. e) The prov~slons of this seetloD shall not apoly where one or more of the following condlt1ons eXlsts: (1) The veaetation, wall, fence or other structure 1S located ~ore than 430 east of true south and 540 west of 17 . .. . . true south of the property on WhlCh the solar energy systero is located. (2) The wall, fence or other structure eXlsted prlor to the lnstallation of the solar energy system. (3) The vegetatlon eXlsted prior to the installa- tlon of the solar energy system and cast a shadow over more than ten percent of the solar energy system durlng the remalnder of the annual solar cycle withln WhlCh the system was lnstalled. d) Prlor to the lssuance of a buildlng permit for the lnstallatlon of a solar energy system, the system lnstaller shall make an lnspectlon of surroundlng propertles. If, from such an lnspectlon, the installer determlnes that any eXlstlng vegetatlon, bUlldlnq, wall, fence or other struc- ture 1S located wlthin 430 east of true south and 540 west of true south and wlll block more than 10 percent of the absorptlon area of the system at the tiroe of lnstallation, the lnstaller shall make a report recordlng thlS vegetation, bUlldlng, wall, fence or other structure and shall place it on flle wlth the BUllding Department. e) When the bu~lding permit for the solar syste~ is issued, the owner and resldents of any property for WhlCh a report has been flIed by the lnstaller shall be so informed by wrltten notlce from the Clty. The notlce shall lnclude a copy of the report, shall dlsclose the restrlctlons placed upon the prooerty due to the installatlon of the solar energy system, and shall advise the reciplents that they have thirty days In which to file thelr own report with the BUlldlng 18 . . ~ ~ Department If they dlsagree wlth the report of the solar system lnsta11er. Sectlon 12705. Exceptions. When econOID1C, envlronmenta1, soclal or technological factors make strict lnterpretatlon of this Chapter lnfeas- lb1e or lnconslstent wlth its general lntent and pur~ose, the P1annlnq CONmlSS10n may grant an exceptlon from the DrOV1Slons of this Chapter. Sect10n 12706. Enforcement. In addit10n to any other remedles and rights prov1ded for in this Artlcle, v101atlon of this Chapter shall con- stltute a pr1vate nUlsance, and shall glve r1se to a pr1vate cause of actlon for the abatement thereof. SECTION 2. Th1S ordlnance shall be fully severable. If any part 0= th1S ord1nance 1S declared lnval1C for any reason by a court of competent ]urlsdlctlon, the remalnder of thlS ordlnance shall not be affecteo, but shall remaln ln full force and effect. SECTION 3. The Mayor shall slgn and the Clty Clerk shall attest to the passage of thlS ordlnance. The Clty Clerk shall cause the same to be publlshed once In the offl- clal newspaper wlthln flfteen (15) days after lts adoptlon. ThlS ord1nance shall be effectlve thlrty (30) days after ltS adoptlon. 19