SR-05-27-1980-10AJoA
CA:sSS:se A~1AY 2
Council r%Ieetinq OS-27-80 Santa Monica, California `~ 1980
STAFF REPORT
TO: r2ayor and City Council
FROr~7: City Attorney
SUBJECT: Planning Commission's Recommendatian far tSew Cohdortiriium
and Anartment 5tandat-ds
u
SNTRODUCTION
This report transmits the Planning Commission's recommendations
for new condominium standards. The item was considered at the
May 13 Counci7_ Meeting (Item l0A). A motion to direct the City
Attorney to prepare an ordinance failed for lack of four affirmative
votesp the matter G+ras placed on this agenda on motion of Councilmember
Reed, who was absent during the original discussion.
BACY.GROUND
The background of this item is explained in the staff report
submitted for the T4ay 13 meeting.
At the Council Meeting, questions were raised about energy
conservation measures that could or must be required of developers
of new condominium projects. Government Code Section 66473.1, a
part of the Subdivision Map Act, requires that the design of
new condominium projects shall provide, to the extent feasible,
for future passive or natural .heating or cooling opportunities in
the subdivision. The requirement does not apply to conversions.
A copy of this section is attached to this report.
Section 66475.3 of tre Government Gode permits cities to
adopt ordinances requiring solar easPmesits wthih subdivisions as
conditions of tentative map approval. This meahs-that-if a nrojec'~
has a solar ehergy system, all units must be given the right to
receive. sun"light. A copy ofi this law, whit:h contains detailed
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provisions for solar easements,is also attached. The Attorney General
has requested all cities to enforce the provisions of the Solar Rights
Act of 1978, which contains the statutes mentioned. Section 5(1) of
the proposed ordinance, which requires a detailed energy conservation
plan, appears to be in conformity with the requirements of Section
66473.1 of the r4ap Act. The Council may, in its discretion, add
a section to the ordinance requiring reciprocal solar easements.
ALTERNATI9ES
The Council may direct the City Attorney to draft a new
ordinance in the form recommended by the Planning Commission or
may direct amendments to the proposal. The Council ma_y also reject
the adoption of this ordinance. It is the opinion of this office
that the section relating to energy conservation is mandated by
State law and is required in any event.
REC~T~iP1ENDATION
It is respectfully recommended that the Council direct the
City Attorney to draft the proposed ordinance for introduction,
with such amendments as the Council sees fit.
PREPARED BY: Stephen Shane Stark
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Energ~ conservation 66473.1. The design of a subdivision for which a tentative map
is required pursuant to Section 66426 shall provide, to the extent
feasible, for future passive or natural heating or cooling opportu-
nities in the subdivision.
Examples of passive or natural heating opportunities in sub-
division design, include design of lot size and configuration to
permit orientation of a structure in an east-west alignment for
southern exposure.
Examples of passive or natural cooling opportunities in sub-
division design include design of lot size and configuration to permit
orientation of a structure to take advantage of shade or prevailing
breezes.
In providing for future passive or natural heating or cooling
opportunities in the design. of a subdivision, consideration shall be
giver. to local climate, to contour, to configuratim of the parcel
to be divided, and to other design and improvement requirements,
and such provision shall not result in reducing allowable densities
or the percentage of a lot which may be occupied by a building
or structure trader applicable planning and zoning in force at the
time the tentative map is filed.
The requirements of this section do not apply to condominium
projects which consist of the subdivision of airspace in an existing
building when no new structures aze added.
For the purposes of this section, "feasible" means capable of
being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social
and technological factors.
(Added by Stats. 1978, Ch. 1154.)
Sunlight easements 66475.3. Far divisions of land for which a tentative map is
. required pursuant to Section 66426, the legislative body of a city
or county may by ordinance require, as a condition of the approval
of a tentative map, the dedication of easements for the purpose
of assuring that each pazcel a unit in the subdivision for which
approval is sought shall have the right to receive sunlight across
adjacent parcels or units in the subdivision for which approval is
sought for any solaz energy system, provided that such ordinance
contains all of the following:
(I) Specifies the standards for determining the exact
dimensions and locations of such 'easements.
(2) Specifies any restrictions on vegetation, buildings
and other objects which would obstruct the passage
of sunlight through the easement.
(3) Specifies the terms or conditions, if any, under
which an easement may be revised or terminated.
(4) Specifies that in establishing such easements con-
sideration shall be given to feasibility, contour,
configuration of the parcel to be dtvided, and cost,
and that such easements shall not result in reducing
allowable densities or the percentage of a lot which
may be occupied by a building or a structure under
applicable planning and zoning in force at the time
such tentative map is filed.
(5) Specifies that the ordinance is not applicable to
condominium projects which consist of the sub-
division of airspace in an existing building where
no new structures are added.
For the purposes of this section, "solar energy systems" shall
be defined as set forth in Section 801.5 of the Civi! Code.
For purposes of this section, "feasibility" shall have the same
meaning as set forth in Section 66473.1 for the term "feasible".
(Added by Stats. 1978, Ch. 1154.)