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HomeMy WebLinkAboutORD NO. 08-1295 (EXEMPT SOLAR SYSTEMS FROM HEIGHT LIMITS)I ORDINANCE NO. 08-1295 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE 4 TO EXEMPT SOLAR SYSTEMS FROM HEIGHT LIMITS F: 6 11 The City Council of the City of Hermosa Beach, California, hereby amends the Hermosa 7 Beach Municipal Code as follows: a 9 SECTION 1. Section 17.46.010 of the Hermosa Beach Municipal Code shall be amended to to read as follows: t 1 17.46. 010 Height of roof structures. 12 Commercial and Manufacturing Zones. The following elements may be constructed above 13 the height limit, provided they do not exceed the height limit by more than eight feet and cover no 14 more than five percent of the total roof area. Where the height of the element is governed by a 15 uniform building code standard, the element may exceed the height limit only by the minimum 16 amount necessary to comply with the uniform building code standards. 17 A. Elevator housing; is B. Stairways; 19 C. Tanks; 20 D. Ventilating fans; 21 E. Parapet fire walls; 22 F. Towers; 23 G. Chimneys; 24 H. Flues; 25 I. Vents; 26 J. Smokestacks; 27 K. Wireless masts; 28 L. Similar structures as determined by the planning commission; 1 08-1295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No structure exceeding the height limit shall result in additional floor area. Residential Zones. Residential uses may have chimneys, vents and flues exceed the height limit only to the extent required to meet the uniform building code requirements. For the height standards for antennas, satellite dishes, and similar structures refer to Section 17.46.210. For the development standards for solar energy systems refer to Section 17.46.220. SECTION 2. Section 17.46.220 "Solar Energy Systems Can Exceed Height" shall be added to the Hermosa Beach Municipal Code to read as follows: 17.46.220 Solar energy systems can exceed height limits. Solar energy systems shall be installed and constructed in conformance with the following: A. Purpose: To promote the use of solar energy systems in accordance with State law while protecting the public health and safety. B. Definitions: 1. "Ancillary solar equipment' means any accessory part or device of a solar energy system that does not require direct access to sunlight, such as batteries, electric meters, AC/DC I converters or water heater tanks. 2. "Solar collector" means any part or device of a solar energy system that requires direct access to sunlight and is typically located on the roof top, such as solar panels and solar hot water or swimming pool heaters. 3. "Solar energy system" means an accessory to the main structure and/or use which comprises of a combination of solar collector(s) and ancillary solar equipment used to generate electricity primarily for consumption on the property on which the system is located, or where multiple consumers or exceptional circumstances exist, on an adjoining property. C. Development Standards: 2 08-1295 1 1. Solar collectors and solar energy systems may exceed the height limits mandated by 2 this Code to the minimum extent necessary for their safe and efficient operation in accordance 3 with the California Building Code and other applicable provisions of state law. 4 2. Where feasible, solar energy systems shall be integrated into the design of the structure 5 as an architectural element. 6 3. Where feasible, roof -mounted solar energy systems shall be located in such a manner 7 as to ensure emergency access to the roof, provide areas for smoke ventilation opportunities and 8 provide emergency egress from the roof. 9 4. Where feasible, ancillary solar equipment shall be located inside the building or be io screened from public view. 11 5. Solar energy systems shall be erected in a secure, wind resistant manner and be 12 maintained in good condition. 13 6. Other applicable development standards in this Code may be modified by the Director 14 in the case where compliance would demonstrably reduce the operating efficiency or performance 15 of a solar energy system and compliance will not adversely impact public health and safety. 16 17 SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations 18 exempts the project from the requirements of the California Environmental Quality Act. 19 20 II SECTION 4. This Ordinance shall become effective and be in full force and in effect 21 from and after thirty (30) days of its final passage and adoption. 22 23 SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the 24 City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of 25 general circulation published and circulated, in the City of Hermosa Beach in the manner provided 26 1 by law. 27 28 3 08-129, 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 25th of November 2008 by the following vote AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None PRESIDENT of th C Council ATTEST: i Clerk of the City of Hermosa Beach, California APPROVED AS TO FORM: m 08-129' STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 08-1295 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 25th of November 2008, and said ordinance was published in the Easy Reader newspaper on December 4, 2008. The vote was as follows: AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky NOES: None ABSENT: None ABSTAIN: None DATED: December 9, 2008 City Clerk