Chapter 18.155
SOLAR ACCESS FOR NEW DEVELOPMENT
Sections:
18.155.030 Solar-oriented residential lots.
18.155.040 Access to sunshine.
18.155.060 Alternative compliance.
18.155.010 Purpose.
It is the city’s intent to encourage the use of both active and passive solar energy systems for heating air and water in homes and businesses, as long as natural topography, soil, or other subsurface conditions or other natural conditions peculiar to the site are preserved. While the use of solar energy systems is optional, the right to solar access is protected. Additionally, a goal of this section is to ensure that site plan elements do not excessively shade adjacent properties, creating a significant adverse impact upon adjacent property owners. Thus, standards are set forth to evaluate the potential impact of shade caused by buildings, structures, and trees. [Ord. 810, 2000; Code 2000 § 11.40.31; Ord. 2018-05 § 1 (Exh. A), 2018.]
18.155.020 Applicability.
All development shall be designed throughout to accommodate active and/or passive solar installations to the extent reasonably feasible. [Ord. 810, 2000; Code 2000 § 11.40.32; Ord. 2018-05 § 1 (Exh. A), 2018.]
18.155.030 Solar-oriented residential lots.
At least 65 percent of the lots less than 10,000 square feet in area in single- and two-family residential developments must conform to the definition of a “solar-oriented lot” (see CMC 18.195.190) in order to preserve the potential for solar energy usage. [Ord. 2018-05 § 1 (Exh. A), 2018.]
18.155.040 Access to sunshine.
The elements of the development plan (e.g., buildings, circulation, open space and landscaping) shall be located and designed, to the maximum extent feasible, to protect access to sunshine for planned solar energy systems or for solar-oriented rooftop surfaces that can support a solar collector or collectors capable of providing for the anticipated hot water needs of the buildings in the project between the hours of 9:00 a.m. and 3:00 p.m. PST, on December 21st. [Ord. 2018-05 § 1 (Exh. A), 2018.]
18.155.050 Shading.
(A) The physical elements of the development plan shall be, to the maximum extent feasible, located and designed so as not to cast a shadow onto structures on adjacent property greater than the shadow which would be cast by a 25-foot hypothetical wall located along the property lines of the project between the hours of 9:00 a.m. and 3:00 p.m., PST, on December 21st. This provision shall not apply to structures within the central mixed use (CMU) and corridor commercial (CC) zoning districts.
(B) The impact of trees shall be evaluated on an individual basis considering the potential impacts of the shading and the potential adverse impacts that the shading could create for the adjacent properties in terms of blocking sunlight in indoor living areas, outdoor activity areas, gardens, and similar spaces benefiting from access to sunlight. [Ord. 2018-05 § 1 (Exh. A), 2018.]
18.155.060 Alternative compliance.
Upon request by an applicant, the planning commission may approve an alternative site layout that may be substituted in whole or in part for a plan meeting the standards of this chapter.
(A) Procedure. Alternative compliance plans shall be prepared and submitted in accordance with submittal requirements for plans as set forth in this section. The plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will equally or better accomplish the purpose of this chapter than a plan which complies with the standards of this chapter.
(B) Review Criteria. In approving an alternative plan, the planning commission shall find that the proposed alternative plan accomplishes the purposes of this chapter equally or better than a plan which complies with the standards of this chapter.
In reviewing the proposed alternative plan, the planning commission shall take into account whether the alternative design enhances neighborhood continuity and connectivity, fosters nonvehicular access, and preserves existing natural or topographic conditions on the site. [Ord. 2018-05 § 1 (Exh. A), 2018.]