O2291f:\atty\m u n i\laws\ba rry\sola rord inan ce2d 071409
City Council Meeting 7-14-09 Santa Monica, California
ORDINANCE NUMBER 2291 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.10.02.220, 9.04.10.02.030,. 9.04.10.02.070, 9.04.10.02.140, AND 9.04.10.02.180
PERTAINING TO SOLAR ENERGY SYSTEMS DESIGN STANDARDS AND RELATED
PROVISIONS TO FACILITATE THE INSTALLATION OF SOLAR ENERGY SYSTEMS.
WHEREAS, the City has long encouraged the installation of solar energy
systems; and
WHEREAS, on January 8, 2002, the City Council approved a permit fee waiver
for solar energy systems; and
WHEREAS, on March 14, 2006, the City Council approved the' Solar Santa
Monica Program, which has a goal of meeting all citywide electricity needs through a
combination of solar energy and energy efficiency by the year 2020; and
WHEREAS, on March 20, 2007, the City Council approved staffs
recommendation to grant expedited status to applications for installation of solar energy
systems; and
WHEREAS, the Sustainable City Plan has a target goal of providing 25% of
citywide electricity use from renewable sources by 2010; and
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WHEREAS, California Health and Safety Code Section 17959.1, and California
Government Code- Section 65850.5 provide that a City or County shall establish a
procedure to administratively approve applications to install solar energy systems if the
system meets all health and safety requirements of local, state, and federal law; and
WHEREAS, on October 1, 2008, the Planning Commission adopted a Resolution
of Intention to initiate this Zoning Ordinance text amendment; and
WHEREAS, on November 5, 2008, the Planning Commission held a public
hearing on the proposed text amendment and recommended to the City Council that it
adopt the proposed amendment with certain specified modifications;.and
WHEREAS, on Mareh 4, 2009, the Planning Commission further discussed the
proposed ordinance and suggested other modifications; and
WHEREAS, the City Council held a public hearing on this proposed ordinance on
June 30, 2009; and
WHEREAS, the proposed ordinance is consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan in
that the proposed amendments advance the Conservation Element (1975) goal calling
for "Preservation of the ecological balance and natural resources of the city and
conservation of the energies and materials without serious interference with community
needs" and the objective to "encourage activities and efficient operations which favor
energy conservation," and is consistent with the City's Historic Preservation Element
which seeks to protect historic and cultural resources from inappropriate alterations and
ensure compliance with the California Environmental Quality Act; and
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WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed ordinance in that the Zoning
Ordinance modification will support the efforts of the Sustainable City Plan and the
Solar Santa Monica program and facilitate installation of solar energy systems,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.10.02.220 hereby
amended to read as follows:
9.04.10.02.220 Solar energy design standards.
This Section establishes ministerial development
standards for solar energy systems applicable to all solar
energy system installations: Notwithstanding Section
9.32.120, solar energy systems proposed on existing
buildings shall be exempt from review and approval by the
Architectural Review Board, provided that the installations
meet the standards in this Section. Solar energy systems
proposed as part of a larger construction project that
requires Architectural Review Board approval shall be
reviewed by the Architectural Review Board in accordance
with the standards in this Section.
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(a) As used in this Section, "solar energy system"
means either of the following:
(1) Any solar collector or other solar energy
device, certified pursuant to State law, along with its ancillary
equipment, whose primary purpose is to provide for the
collection, storage, and distribution of solar energy for space
heating, space cooling, electric generation, or water heating.
(2) Any structural design feature of a building,
whose primary purpose is to provide for the collection,
storage, and distribution of solar energy for electricity
generation, space heating or cooling, or for water heating.
(b) Excluding solar collector panels, their
necessary support structure,. and conduit, solar energy
systems shall not be visible from the public right-of-way
adjacent to the front property line.
(c) The height of solar energy systems is subject
to the following standards:
(1) On single-family properties: Photovoltaic solar
energy systems may extend up to five feet above the height
limit in the zoning district. Solar water or swimming pool
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heating systems may extend up to seven feet above the
height limit in the zoning district;
(2) On all other properties: Photovoltaic solar
energy systems may extend up to five feet above the roof
surface on which they are installed, even if this exceeds the
maximum height limit in the district in which it is located.
Solar water or swimming pool heating systems may extend
up to seven feet above the roof surface on which they are
installed even if this exceeds the maximum height limit in the
district in which it is located.
(d) Excluding solar collector panels, solar energy
system .equipment may be installed within the required side
and rear yard but shall not be closer than twb feet to any
property line.
(e) Except on single-family properties, solar
collector panels, .their necessary support structure, and
conduit, shall be installed in the location that is the least
visible from abutting streets directly facing the subject
property so long as installation in that location does not
significantly decrease the energy performance or
significantly increase the costs of the solar energy system as
compared to a more visible location.
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(1) For energy performance, "significantly
decrease" shall be defined as decreasing the expected
annual energy production by more than 10 percent.
(2) For the cost of solar energy systems,
"significantly increase" shall be defined as increasing the
cost of a photovoltaic solar energy system by more than
$2000 or the cost of a solar water or swimming pool heating
system by more than 20 percent.
(3) The review and determination of the cost or
energy efficiency of installation alternatives shall be made by
the City's Energy and Green Building Programs staff. The
review and determination of the least visible alternative shall
be made by the Architectural Review Board liaison.
(f) On a property containing a designated
Landmark or contributing structure to a designated Historic
District as defined in Section 9.36.030, solar energy systems
that meet the criteria established in this section shall be
permitted provided that a Certificate of Appropriateness is
approved by the Landmarks Commission Liaison.
(g) Proposed solar energy installations on all
property types that do not meet the standards set forth in this
Section shall not be authorized unless approved by .the
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Architectural Review Board in accordance with Chapter 9.32
prior to issuance of a building permit, except that such
installations shall be approved by the Landmarks
Commission in accordance with Chapter 9.36 when located
on a property containing a designated Landmark or
contributing structure to a designated Historic District. These
reviewing bodies may authorize installations that exceed the
height limit in the applicable zoning district by a maximum of
14 feet.
SECTION 2. Santa Monica Municipal Code Section 9.04.10.02.030 is hereby
amended to read as follows:
9.04.10.02.030 Building height and exceptions to
height limit.
(a) The maximum allowable height shall be
measured vertically from the average natural grade elevation
to the highest point of the roof. However, in connection with
development projects in the Ocean Park, R2, R3, and R4
Districts, building height shall be measured vertically from
the theoretical grade to the highest point of the roof.
(b) The following shall he permitted to exceed the
height limit in all zoning districts except the R1 District:
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(1) Vents, stacks, ducts, skylights and steeples
provided such projections do not extend more than five feet
above the permitted height in the District.
(2) Legally required parapets, fire separation
walls, and open work safety guard rails that do not exceed
forty-two inches in height.
(3) .Elevator shafts, stairwells, or mechanical
room enclosures above the roofline if:
a. The enclosure is used exclusively for housing
the elevator, mechanical equipment, or stairs.
b. The elevator shaft does not exceed fourteen
feet in height above the roofline and the stairwell enclosure
does not exceed fourteen feet in height above the height
permitted in the district.
a The area of all enclosures and other
structures identified in Section 9.04.10.02.030(b)(1) that
extend above the roofline shall not exceed twenty-five
percent of the roof area. This limitation shall not apply to
solar energy systems.
d. The mechanical equipment is screened in
conformance with Section 9.04.10.02.140.
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e. The mechanical equipment enclosure does
not exceed twelve feet in height above the height permitted
in the district:
(4) The screening required pursuant to the
provisions of Section 9.04.10.02.140 of tanks, ventilating
fans, or other mechanical equipment required to operate and
maintain the building provided the total area enclosed by all
screening does not exceed thirty percent of the roof area.
(c) The following shall be permitted #o exceed the
height limit in all zoning districts:
(1) Chimneys may extend no more than five feet
above the permitted height in the district;
(2) Solar energy systems pursuant to Section
9.04.10.02.220.
(3) One standard television receive-only
nonparabolic antenna and one vertical whip antenna may
extend no more than twenty-five feet above the roofline,
provided that they are not located between the face of the
main building and any public street or in any required front or
side yard setback. All other antennas shall be subject to the
provisions of Part 9.04.10.06.
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SECTION 3. Santa Monica Municipal Code Section 9.04.10.02.070 is hereby
amended to read as follows:
9.04.10.02.070 Reflective materials.
No more than twenty-five percent of the surface
area of .any fagade on any new building or addition to an
existing building shall contain black or mirrored glass or
other mirror-like material that is highly reflective. Materials
for roofing shall be of a nonreflective nature. The foregoing
requirements of this Section shall not apply to solar energy
systems; the design of solar energy systems shall be subject
to the standards set forth in Section 9.04.10.02.220. At least
fifty percent of the ground floor fagade on the primary street
frontage in the C2, C3, N, and C3-C Districts shall provide
visibility to the interior of the building. Glazing on the ground
floor street frontage fagade shall be clear glass.
SECTION 4. Santa Monica Municipal Code Section 9.04.10.02.140 is hereby
amended to read as follows:
9.04.10.02.140 Screening mechanical equipment.
Other than solar energy systems as defined in
Section 9.04.10.02.220, all mechanical equipment that
extends more than twelve inches above the roof parapet
shall be screened from view. Equipment shall be screened
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from a horizontal plane on all sides with an impact resistant
wall:
SECTION 5. Santa Monica Municipal Code Section 9.04.10.02.180 is hereby
amended to read as follows:
9.04.10.02.180 Projections permitted into required yards.
Except as provided in Sections 9.04.08.02.075 and
9.04.08.02.076, the following chart sets forth the allowances
for various projections permitted into the required yards in
residential, industrial, and commercial districts: Projections
shall not be permitted closer than four feet to any property
line. Projections permitted for solar energy systems shall
comply with Section 9.04.10.02.220(4).
Projections as listed below into existing, non-
conforming yard areas shall be permitted only if the
projection does not extend closer to the property line than
would be permitted if the yard area conformed to current
standards. The various types of projections and the
limitations on such projections into required yards are as
follows:
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Projections
Eaves, awnings, canopies, sun shades, sills,
cornices, belt courses, trellises, arbors, and
other similat architectural features
I Flues, chimneys, water heater enclosures,
and similar vertical architectural projects not
more than 5' wide parallel to the side yard and
that do not exceed 20% of the fagade width
Patios, porches, platforms, decks,
unexcavated side yard area, and other
unenclosed areas not covered by a roof or
canopy and that may be raised above the
level of the adjacent grade but do not extend
more than 3' above the average natural grad
Balconies, and stairways that are open,
unenclosed on at least two sides
Greenhouse windows and bay windows that
are not greater than 6' wide parallel to the side
yard
Required fire escapes
Porte cochere not more than 20' long and
open on three sides except for necessary
structural supports and not more than 16 feet
in height.
Mail box canopy not more than 10' long.
Recreational vehicle storage, central air
conditioning, swimming pool, spa equipment.
Second floor decks, patios, or balconies,
covered or uncovered, adjacent to primary
living spaces in OP-Districts.
Front Street Interior Rear
Yard Side Side Yard Yard
Yard
30" 30" 18" 4'
18" 18" 18" 18"
For structures with conforming setbacks
12" 12" 12" 12"
For structures with non-conforming set-backs
6' 6' No Limit 6'
30" 30" 0' 4'
18" 18" 18" 18"
Provided the structure has a conforming
setback
Not 12" or 2" 4'
permitted per 1' of
required
side yard
whichever
is greater
Not permitted in front yard.
Permitted in side and rear yard
30" 30" 30" 4'
Not permitted in front or side yard areas:
Permitted anywhere in rear yard area.
30" 30" 30" 4'
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SECTION 6. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
/b(
MA A J S MOU RIE
City orn y
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Approved and adopted this 14th day of July, 2009.
Ken Censer, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2291 (CCS) had its introduction on June 30th, 2009, and was
adopted at the Santa Monica City Council meeting held on July 14th, 2009, by the
following vote:
Ayes: Council members: Bloom, Davis, Holbrook, Shriver
Mayor Censer, Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: McKeown
A summary of Ordinance No. 2291 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Maria Stewart, City Jerk