HomeMy WebLinkAbout2008-08-19 PC AGENDA
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August 12, 2008
Honorable Chairman and Members of the Regular Meeting of
Hermosa Beach Planning Commission August 19, 2008
SUBJECT: ADOPTION OF DEVELOPMENT STANDARDS FOR SOLAR, WIND AND
OTHER RENEWABLE ENERGY SYSTEMS TEXT 08-3
LOCATION: CITYWIDE
REQUEST: TO DETERMINE THE APPROPRIATE DEVELOPMENT STANDARDS FOR
SOLAR, WIND AND OTHER RENEWABLE ENERGY SYSTEMS
Recommendation
To direct staff by minute order to approve in principal the conceptual development standards below for
renewable energy systems and request that staff consult with the Coastal Commission and other relevant
stakeholders on these proposals before bringing a Municipal Code text amendment to Planning Commission
Background
On June 17, 2008, in response to the Hermosa Beach Green Building Committee’s request, Planning
Commission directed staff to review whether to exempt renewable energy devices from current height limit
requirements. While solar, wind, biomass, wave power and other renewables may be used, this memo
focuses on solar and wind energy. On September 16, 2003, the Planning Commission approved a text
amendment that exempted solar energy and solar hot water systems from the height limit under a
conditional use permit but this amendment was never ratified by City Council.
Since 2003, the State of California has passed several amendments to the California Code that encourage the
use of renewable energy systems, particularly solar systems to reduce fossil fuel use and greenhouse gas
emissions while encouraging renewable energy systems and energy efficient buildings (Attachment 2).
The California Code permits solar systems as of right, regardless of location, height or bulk, unless the City
finds there is a public health and safety issue, in which case a CUP may be required. Any CUP conditions
placed on solar systems cannot cost the applicant more than $2000 or reduce the system’s operating
efficiency by more than twenty (20) percent.1
The City can control wind turbines on sites less than one acre, including restrictions on height, location,
noise, visual impact and coastal impacts. A bill currently before the California Senate (AB 2789) may
further reduce local controls on turbines to standards that are no more restricting than allowing turbines as
permitted uses.
Under existing Health and Safety and Building Code standards, all renewable energy systems must comply
with national electrical standards, fire and emergency regulations and FAA aviation regulations. 2
Analysis
Solar energy systems gather, convert, store and meter solar energy. Solar systems are typically located
on or near to the building rooftop to maximize assess to sunlight and include solar panels and solar hot
water heaters. Attachment 2, Images 1 to 9, shows solar system diagrams and photographs, including
solar systems installed on properties in Hermosa Beach.
1 The CUP can only be refused once the city makes a full assessment of all possible alternatives, and finds that,
following an assessment of the alternatives and all mitigation measures, there is no ‘feasible method to satisfactorily
mitigate or avoid the specific, adverse impact’ (Health & Safety Code 17959.1 Civil Code 714(b) and 714(d))
2 Civil Code 714 (c) (1) and Health and Safety Code 17959(d)(1)
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Wind turbines can be classified as two main types – more well known horizontal-axis turbines (Attachment
3, Images 6 and 8) and emerging vertical-axis turbines, which are more suited to small sites and variable
wind conditions (Attachment 2, Images 10 to 15).
For this report, renewable energy
systems are divided into two parts:
renewable energy collectors and
renewable energy ancillary equipment.
Collectors are defined as ‘renewable
energy devices that collect solar, wind
and/or other renewable energy sources
and require direct access to that
renewable energy source, such as
sunlight or wind flow.’ Collectors
include solar panels and wind turbine
blades.
Ancillary renewable energy equipment is
defined as ‘energy devices that store and
convert renewable energy and do not
require direct access to renewable
Picture 1:Solar panels, Silverstrand Ave, Hermosa Beach energy sources.’ Ancillary renewable
energy equipment includes solar hot water
tanks, structural supports and batteries that can be located within a roof cavity or within the building.
Height Limit Exemption: Renewable Energy Collectors
One key question is whether to exempt renewable energy collectors from the existing height limit
restrictions. Currently, several building elements are allowed to project up to eight (8) feet above the height
limit: in commercial and manufacturing zones, these elements include plant, firewalls, chimneys/flues and
wireless masts; in residential zones, only chimneys are exempt from the height limit (MC 17.46.010).
In accordance with State legislation, solar energy collectors are automatically exempt from the height limit.
Staff recommends that solar energy collectors, therefore, be listed in Section 17.46.010 and allowed by
right. To encourage the use of renewable energy systems, staff also recommends exempting other renewable
energy collectors, including wind turbines, from the height limit.
Staff are considering a range of permitted height exemptions, depending on the zone in which the system is
located. On the other hand, if a CUP is required for wind turbines, staff could also consider height and
visual impacts on a case-by-case basis and not place any specific height restriction in the Municipal Code.
The current Municipal Code height exemption of eight feet may not allow wind turbines to operate
efficiently, contrary to the aims of State legislation. For optimum performance, a vertical turbine mounted
on the roof requires a clearance of approximately 50% of the height of the building to which it is fixed.
Table 1 shows three options for maximum height limits of a renewable energy system (RES) by zone. The
maximum RES height is shown with exemptions of eight (8) feet, fifteen (15) feet and with a clearance of
50% of the existing maximum building height. For example, in the R-1 zone, an RES could be up to 37.5
feet tall with a clearance of 50% of the maximum building height, which is 4.5 feet taller than the current
height exemption.
Maximum height is measured from grade to the highest point of the collector. For example, a wind turbine’s
maximum height would be measured from grade to the highest point of the turbine blades.
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Table 1
(feet) Zone Height
Limit
RES Height
+8 feet
RES Height
+15 feet
RES Height
+50% building
clearance
C-1 30 38 45 45
C-2 30 38 45 45 Commercial /
Industrial
C-3 35 43 50 52.5
R-1, R-1A 25 33 40 37.5
R-2, R-2B 30 38 45 45
R-3 30 38 45 45 Residential
R-P 30 38 45 45
Ancillary Renewable Energy Equipment
Ancillary renewable energy equipment, such as water tanks, batteries and structural supports, would not be
exempt from the height limit and would be subject to the following controls on visual impact:
• Placed in a location least visible from a public right-of-way without significantly reducing operating
efficiency of the renewable energy system
• Wall-mounted and ground mounted ancillary renewable energy equipment shall be screened if
visible from public areas, especially the primary street and parks
• When feasible, ancillary equipment shall be integrated into the design of the building or located in
the attic or basement
• Screens shall be consistent with the architectural character of the house, including but not limited to
color, materials, architectural style and features
• In exceptional circumstances, screening may not be required where it significantly increases the
bulk and height of the ancillary renewable energy equipment
Wind Energy Systems: CUP Standards
Under the California Code, the City has jurisdiction over wind turbines
on sites less than an acre (Government Code 65892). Staff
recommends that all wind turbines require a conditional use permit and
that a section be inserted into MC 14.40 ‘Conditional Use Permit and
Other Permit Standards’ outlining criteria for approval, such as:
• As noise impacts are a concern, staff recommends limiting
turbine noise emissions to 60dBA as measured from the
nearest property boundary and could add a section to the
Municipal Code noise chapter (8.24). Noise limits would not
apply during short-term, irregular events, such as utility
outages and severe wind storms
• Visual impacts, including height, bulk and location
• If within the Coastal Zone, evidence that the Coastal
Commission has approved the proposed wind energy system
• Impacts of turbulence on surrounding uses, impacts to birds
and other health and safety grounds
In summary, staff recommends that the Planning Commission support
the Green Building Committee’s efforts to encourage the use of
renewable energy systems within the City and direct staff to return
with a resolution for an appropriate text amendment to the Municipal Picture 2: Vertical wind turbine
Code relating to the issues raised above.
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Attachment 1
Summary of California Code for Solar and Wind Energy Devices
1. California Solar Laws
Property Tax Exemption for Solar Energy Equipment
Section 73 of the Revenue and Taxation Code exempts from property taxes the value of solar energy
equipment. For example, if you install a photovoltaic system worth $24,000 and your assessed property
value is increased by that same amount, you do not have to pay property taxes on the incremental
$24,000 in value attributable to the photovoltaic system.
Duty to Process Application in Timely Manner
Civil Code 714(e) imposes an obligation on the City to process a solar device permit in the same manner
as an application for an architectural modification to the property and shall not be willfully avoided or
delayed.
Non-discretionary Permit
The City must approve applications for solar energy device including solar panels via a non-discretionary
permit, such as a building permit, unless the City finds that the device could impact public health and/or
safety (Health and Safety Code 17959.1). If a specific, adverse impact to public health and/or safety is
found, the city may require a conditional use permit (CUP). A ‘specific, adverse impact’ means a
significant, quantifiable, direct, and unavoidable impact, based on written public health or safety
standards, policies, or identifiable conditions as they existed on the date the application was deemed
complete (Civil Code 714(3)).
Conditional Use Permit
The CUP can only be refused once the city:
1. Makes a full assessment of all possible alternatives, and;
2. Specifies the particular health and/or safety issue(s) as well as the adverse impact on the public
health or safety, and;
3. Finds that, following an assessment of the alternatives and all mitigation measures, there is no
‘feasible method to satisfactorily mitigate or avoid the specific, adverse impact’ (Health & Safety
Code 17959.1)
The California Code limits the conditions that the City can place on solar energy devices; any such
condition must:
1. Be reasonable, and;
2. Relate to the mitigation of specific health and safety concerns, and;
3. Not significantly increase installation and operation costs (Health & Safety Code 17959.1(c) and
Civil Code 714(b)).
For solar systems that comply with state and federal law, ‘significantly’ means an amount not to exceed
two thousand dollars ($2,000) over the system cost as originally specified and proposed, or a decrease in
system efficiency of an amount exceeding 20 percent of the manufacturers’ specified energy output
(Civil Code 714(d)(1)(B)).
Health and Safety Standards
Under the California Code, a solar energy device shall meet applicable health and safety standards
imposed by municipalities in addition to those imposed by the State (Civil Code 714 (c) (1) and Health
and Safety Code 17959(d)(1)).
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Possible health and safety issues that the City can control include:
• The installation of devices, such as roof-top solar panels, in a manner that blocks ready access by
fire and emergency officers
• Installing devices contrary to the manufacturers instructions
• Devices being located in a manner that obstructs or overhangs the public right of way
The California Code requires solar systems to be certified by a nationally recognized agency and to meet
safety and performance standards established by the National Electrical Code and, where applicable,
rules of the Public Utilities Commission regarding safety and reliability (Civil Code 714(c)(2) and (3),
Health and Safety Code 17959(d)(1)).
Solar Easement Rights
Solar easements are a civil matter between neighbor and do not typically involve the City.
California Civil Code Sections 801 & 801.5 provides for easements to ensure the right to receive sunlight for
any solar energy system. A ‘solar easement’ is defined as ‘the right of receiving sunlight across real
property of another for any solar energy system’ (California Civil Code, section 801.5). An easement must
be in place before a request can be made to address obstacles to sunlight.
The California Civil Code (section 801) states that the right to receive sunlight across a property or solar
easement for any solar energy system may be established via a legal instrument. Under section 801.5, the
solar easement instrument shall include:
• A description of the easement in measureable terms
• Restrictions placed on vegetation, structures and other objects that would obstruct sunlight
• The condition, if any, under which the easement may be revised or terminated.
Penalities
Under Civil Code 714(f), any private entity that willfully violates these regulations is liable for the cost
of damages, a civil penalty in an amount not to exceed one thousand dollars ($1,000) and reasonable
attorney’s fees.
Under Civil Code 714(h), a public entity, including the City of Hermosa Beach, failing to comply may
not receive funds from a state-sponsored grant or loan program for solar energy. A public entity may not
exempt residents in its jurisdiction from these penalties.
2. California Wind Energy Laws
Permitting Process
Whilst the California Government Code covers turbines on sites more than one acre and on site smaller
than one acre outside urban areas, jurisdiction over wind turbines in urban areas on sites less than an acre
falls to the City. The Government Code states ‘nothing in this [code] shall be construed to alter or affect
the existing law regarding the authority of local agencies to review an application’ (65892.13(7).
There is a current bill before the State legislature that proposes to cover wind turbines on sites less than
one acre. However, it is not clear at what date this bill will be adopted so it is recommended to adopt
Municipal Code standards in the interim.
Development Standards
The Government Code also states a wind energy system shall not be permitted where it is prohibited by a
local coastal program, including the California Coastal Act (65892.13(10)(B)). This section relates to the
majority of Hermosa Beach sites west of Pacific Coast Highway.
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All parts of the system comply with fire regulations and applicants must provide evidence that the
system’s turbine has been approved by the State Energy Resource Conservation and Development
Commission as qualifying under the Commission’s Renewables Investment Plan or certified by a
national program recognized and approved by the Energy Commission (in line with the Government
Code, section 65892.13(7)(f)(5)).
Under the adopted Municipal Code, wind turbines are not permitted unless they comply with the
Municipal Code height limits and noise restrictions. No part of the system including guy wire anchors
shall be located within required setbacks.
Under the Government Code, wind turbines on sites 1-5 acres have a 60dBA noise limit when measured
at the nearest property boundary, except during short-term, irregular events, such as utility outages and
severe wind storms.
Under the Government Code, the applicant shall include the following information with their wind
turbine planning application:
• Line drawings and an engineering analysis of the tower, showing compliance with the Uniform
Building Code or the California Building Code, certified by a licensed engineer (section
65892.13(7)(f)(6)).
• A soil survey showing soil conditions are sufficient to hold up the turbine in the event of a
seismic event or other catastrophe (Government Code, section 65892.13(7)(f)(6))
• Evidence that the wind energy device complies with aviation regulations (section
65892.13(7)(f)(7))
• A line drawing of sufficient detail to determine that the wind energy system complies with the
National Electric Code (section 65892.13(7)(f)(8))
• If the land owner does not intend to connect to the state electricity grid, evidence that the electric
utility provider has been notified (section 65892.13(7)(f)(9))
• If within the Coastal Zone, evidence that the Coastal Commission has approved the proposed
wind energy system (section 65892.13(7)(f)(10)(B))
F:\B95\CD\Angela\Planning Commission Reports\Att2SolarWind081208.doc
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Attachment 2
Images of Renewable Energy Systems: Solar Systems
Image 1: Diagram of Solar Panel System
Image 2: Diagram of Solar Hot Water System
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Attachment 2
Images of Renewable Energy Systems: Solar Systems
Image 3: External Solar Panel System
Image 4: Wall Mounted Solar Panels
Image 5: Roof Mounted Solar Panels
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Attachment 2
Images of Renewable Energy Systems: Hermosa Beach
Image 6: Roof Mounted Solar System, Silverstrand Avenue, Hermosa Beach
Image 7: Profile of Solar Panels Raised 30 Degrees to Maximize Sunlight Capture
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Attachment 2
Images of Renewable Energy Systems: Hermosa Beach
Image 8: Solar Panels on Church Building, Monterey Boulevard
Image 9: Profile of Solar Panels Raised 30 Degrees to Maximize Sunlight Capture
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Attachment 2
Images of Renewable Energy Systems: Wind Turbines
Image 10: Diagram of Horizontal Wind Turbine
Image 11: Diagram of Vertical Wind Turbine
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Examples of Residential Wind Turbines
Image 12: Horizontal Residential Wind Turbine
Atlanta, Georgia, United States
Image 13: Vertical Wind Turbine, Bristol, Great
Britain
Image 14: Vertical Wind Turbine, Netherlands
Image 15: Helix Wind Turbine, San Diego