SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Revising Freestanding Solar Energy Systems Permit Requirements

Transcription

1 SANTA BARBARA COUNTY PLANNING COMMISSION Staff Report for Revising Freestanding Solar Energy Systems Permit Requirements Hearing Date: March 4, 2009 Development Services Director: Dianne Black Staff Report Date: February 13, 2009 Staff Contact: Noel Langle Case No. 09ORD Phone No.: Environmental Document: CEQA Guidelines Section 15061(b)(3) 1.0 REQUEST Hearing on the request of the Planning and Development Department that the County Planning Commission consider and adopt a recommendation to the Board of Supervisors that they adopt an ordinance (Case No. 09ORD ) amending Article Site Planning and Other Project Standards, of Section 35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the County Code as set forth in Attachment C that would revise the existing procedures for permitting freestanding solar energy systems to allow such systems to be allowed with a Zoning Clearance instead of the current Land Use Permit when they comply with a set of development standards designed to address compatibility with the surrounding area. 2.0 RECOMMENDATION AND PROCEDURES Follow the procedures outlined below and recommend that the Board of Supervisors approve Case No. 09ORD based upon the ability to make the appropriate findings. Your Commission's motion should include the following: Adopt the findings for approval and recommend that the Board of Supervisors adopt the findings for approval of the proposed amendment (Attachment A); Recommend that the Board of Supervisors find that this amendment is categorically exempt from the California Environmental Quality Act in compliance with Section 15061(b)(3) of the Guidelines for Implementation of CEQA (Attachment B); and, Adopt a Resolution recommending that the Board of Supervisors adopt Case No. 09ORD , an ordinance amending Section 35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the County Code (Attachment C). Please refer the matter to staff if your Commission takes other than the recommended action for the development of appropriate materials. 3.0 JURISDICTION This project is being considered by the County Planning Commission based upon Section of the Government Code and Section of the Santa Barbara County Land Use and Development Code (County LUDC). The Government Code and the County LUDC require that the County Planning Commission, as the designated planning agency for the unincorporated area of the County outside the Montecito Planning Area, review and consider proposed amendments to the County LUDC and provide a recommendation to the Board of Supervisors. 4.0 ISSUE SUMMARY AND BACKGROUND The County LUDC currently provides that solar energy collection systems are exempt from planning permits if they are located on the roof of a structure, but require a Coastal Development Permit or a Land Use Permit if they are freestanding. In compliance with Government Code Section (b) which requires that a city or county shall administratively approve applications to install solar energy

2 Case No. 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Page 2 systems through the issuance of a building permit or similar nondiscretionary permit, the County LUDC does not require design review for solar energy systems. Building permits (especially in the case of roof mounted systems) and electrical permits are typically required. On October 1, 2008 the Planning and Development Department discussed with your Commission the possibility of shifting the permit requirement for freestanding solar energy systems in the Inland area from a Land Use Permit (with notice and the possibility for appeal) to a Zoning Clearance (no notice, no appeal) provided the project complies with all other zoning requirements (e.g., height, location) and a specific set of development standards designed to address compatibility issues such as location and visibility. As discussed at the October 1 st workshop, Assembly Bill 811 (effective July 21, 2008) authorizes the legislative bodies of cities and counties to adopt a program that could provide low-interest loans to property owners to finance the installation of solar energy systems. The County is in the process of developing a program that will implement AB811. Additional information on the status of this program will be presented at the March 4, 2009 public hearing. Based on the generally supportive comments received at the October 1 st workshop staff is now requesting that your Commission recommend adoption of the proposed ordinance amendment to the County Board of Supervisors. A similar ordinance will be presented to the Montecito Planning Commission on February 25, The results of that hearing will be presented to your Commission at the March 4 th public hearing 5.0 PROJECT DESCRIPTION 5.1 Proposed permit process. This amendment would shift the permit requirement for freestanding solar energy systems located in the Inland area from a Land Use Permit to a Zoning Clearance for systems that are able to comply with all of the development standards listed below (see Section C). This amendment is not proposed to apply to the Coastal Zone since freestanding solar energy systems meet the definition of development and therefore require the issuance of a Coastal Development Permit. These development standards are written so that they can be applied in a ministerial manner in order to comply with Government Code Section (b). If a particular installation is not able to meet all the development standards, it may still be permitted with a Land Use Permit. Implementing this process requires amending the text of Section (Solar Panels) to read as shown below (added text is shown as underlined, deleted text is struck-through) Solar Panels A. Roof Mounted. Solar panels located on the roof of an existing structure do not require planning permit approval. B. Freestanding. Solar panels located on the ground shall be classified as accessory structures, and shall require the issuance of a Coastal Development Permit in compliance with Section (Coastal Development Permits) or a Land Use Permit in compliance with Section (Land Use Permits). the appropriate planning permit in compliance with the following: 1. Coastal Zone. Freestanding solar panels located in the Coastal Zone shall require the issuance of either a Coastal Development Permit in compliance with Section (Coastal Development Permits) or a Land Use Permit in compliance with Section (Land Use Permits) as applicable.

3 Case No. 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Page 3 2. Inland area. Freestanding solar panels located in the Inland area shall require the issuance of either a Land Use Permit or a Zoning Clearance. (a) Land Use Permit. The issuance of a Land Use Permit in compliance with Section (Land Use Permits) shall be required for solar panels that do not comply with Subsection C. (Development Standards), below. (b) Zoning Clearance. The issuance of a Zoning Clearance in compliance with Section (Zoning Clearances) shall be required for solar panels that comply with Subsection C. (Development Standards), below. C. Development Standards. Freestanding solar panels located in the Inland area may be allowed with the issuance of a Zoning Clearance in compliance with Section (Zoning Clearances) if they comply with all of the following standards. 1. Design. a. The proposed system is no larger than necessary to provide 120 percent of the electrical and/or thermal energy requirements of the structure to which it is accessory as determined by a contractor licensed to install photovoltaic and thermal solar energy systems. b. The solar panels and supporting framework do not extend more than six feet above the existing grade. 2. Location. a. The solar energy system including any appurtenant equipment is not located within any required setback areas. b. If the solar panels are visible from off-site, the solar panels are not located within 150 feet of a dwelling located on a lot other than the lot on which the solar energy system is located unless: (1) There are appropriate facades, walls, fences or landscaping that screen the solar panels and supporting framework from unobstructed view. (2) Taller screening and landscaping is used on the north side of panels to screen the panels from uphill views without reducing the efficiency of the system. (3) Reflection angles from collector surfaces are oriented away from neighboring windows. (4) The panels are mounted as close as possible to the ground to match the slope of the hillside while allowing adequate drainage and preventing vegetation from shading the panels. c. The system is not located on a designated historical landmark. 3. Visibility. a. The solar panels are not visible from a public right-of-way that abuts the lot on which the solar energy system is located, or, if visible, they are installed within one foot of the natural ground topography. b. The solar panels are located so that they are not readily visible from public viewing areas including parks, roads and trails located to the south of the site.

4 Case No. 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Page ENVIRONMENTAL REVIEW The proposed amendment is recommended to be determined to be exempt from environmental review in compliance with Section 15061(b)(3) of the California Guidelines for Implementation of the California Environmental Quality Act (CEQA) which states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. No significant environmental impacts would occur as a result of this ordinance amendment as discussed in Attachment B. 7.0 POLICY CONSISTENCY Adoption of the proposed ordinance will not result in any inconsistencies with the adopted policies and development standards of the County s Comprehensive Plan and regional Community Plans. In order to approve any application that results from this ordinance, the application still must be found consistent with the Comprehensive Plan and regional Community Plans. 8.0 ORDINANCE COMPLIANCE The proposed ordinance is consistent with the remaining portions of the County LUDC that are not revised by this ordinance. 9.0 PROCEDURES The County Planning Commission may recommend approval, approval with revisions, or denial of the proposed ordinance APPEALS PROCEDURE Ordinance amendments are automatically forwarded to the Board of Supervisors for final action, therefore no appeal is required ATTACHMENTS A. Findings B. CEQA Notice of Exemption C. Resolution and Proposed Ordinance D. October 1, 2008 County Planning Commission Workshop Staff Report

5 ATTACHMENT A: FINDINGS CASE NO. 09ORD In compliance with Section (Findings Required for Approval of Amendment) of the Santa Barbara County Land Use and Development Code (County LUDC), the following findings shall be made by the County Planning Commission in order to recommend approval of a text amendment to the County LUDC, and the Board of Supervisors shall adopt the following findings in order to approve a text amendment to the County LUDC: 1. The request is in the interests of the general community welfare. The proposed ordinance amendment is in the interest of the general community welfare since the amendment provides for a more efficient permitting process for freestanding solar energy facilities (summarized in Finding 2, below) in order to promote more efficient energy generation. Additionally, the ordinance includes a set of development standards that are designed to ensure the compatibility of such systems with the surrounding areas. The proposed ordinance is also consistent with the stated intent of Assembly Bill 2473 (effective September 24, 2004 to promote and encourage the use of solar energy systems and to limit obstacles to their use. 2. The request is consistent with the Comprehensive Plan including regional Community Plans, the requirements of State planning and zoning laws, and the County LUDC. Adoption of the proposed ordinance amendment will provide a more efficient review process for freestanding solar energy systems by shifting the permit requirement for freestanding solar energy systems in the Inland Area from a Land Use Permit to a Zoning Clearance provided the project complies with all other zoning requirements (e.g., height, location) and a specific set of development standards designed to address compatibility issues such as location and visibility. These development standards will also ensure that specific projects may be found consistent with the Comprehensive Plan including regional Community Plans. These revisions will not result in any inconsistencies with the adopted policies and development standards of the County s Comprehensive Plan including regional Community Plans. The proposed ordinance amendment is also consistent with the remaining portions of the County LUDC that would not be revised by this amendment. Therefore, this amendment may be found consistent with the Comprehensive Plan including regional Community Plans, the requirements of State Planning and Zoning Laws, and the County LUDC. 3. The request is consistent with good zoning and planning practices. The proposed amendment is consistent with sound zoning and planning practices to regulate land uses for the overall protection of the environment and community values. As discussed above in Finding 2, the amendment is consistent with the Comprehensive Plan including regional Community Plans, and the County LUDC.

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7 ATTACHMENT B: CEQA NOTICE OF EXEMPTION TO: FROM: NOTICE OF EXEMPTION Santa Barbara County Clerk of the Board of Supervisors Noel Langle, Senior Planner Planning and Development Department The project or activity identified below is determined to be exempt from further environmental review requirements of the California Environmental Quality Act (CEQA) of 1970 as defined in the State and County guidelines for the implementation of CEQA. APN(s): Not applicable. Case No.: 09ORD Location: The proposed ordinance amendment would apply solely to the unincorporated area of Santa Barbara County located outside the Montecito Community Plan Area. Project Title: Freestanding Solar Energy Systems Permit Requirements Ordinance Amendment. Project Description: 09ORD proposes to amend Chapter Site Planning and Other Project Standards, of, and make other revisions as necessary to, Section 35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the County Code to revise the existing procedures for permitting freestanding solar energy systems to permit such systems with a Zoning Clearance in all zones in the Inland area when they comply with a set of development standards designed to address compatibility with the surrounding area. Exempt Status: (Check one) Ministerial Statutory Categorical Exemption Emergency Project X No Possibility of Significant Effect Section 15061(b)(3) Cite specific CEQA Guideline Section: Section 15061(b)(3), the general rule exemption, states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. Reasons to support exemption findings: The proposed amendment would shift the permit requirement for freestanding solar energy systems located in the Inland area from a ministerial Land Use Permit to a ministerial Zoning Clearance for solar energy systems that are able to comply with all of the development standards listed below. If a particular installation is not able to meet all the development standards, it may still be permitted with a Land Use Permit. These development standards are written so that they can be applied in a ministerial manner in order to comply with Government Code Section (b) which requires that A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Development standards: 1. Design. a. The proposed system is no larger than necessary to provide 120 percent of the electrical and/or thermal energy requirements of the structure to which it is accessory as determined by a contractor licensed to install photovoltaic and thermal solar energy systems. b. The solar panels and supporting framework do not extend more than six feet above the existing grade.

8 Case No. 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Attachment B - Page 2 2. Location. a. The solar energy system including any appurtenant equipment is not located within any required setback areas. b. If the solar panels are visible from off-site, the solar panels are not located within 150 feet of a dwelling located on a lot other than the lot on which the solar energy system is located unless: (1) There are appropriate facades, walls, fences or landscaping that screen the solar panels and supporting framework from unobstructed view. (2) Taller screening and landscaping is used on the north side of panels to screen the panels from uphill views without reducing the efficiency of the system. (3) Reflection angles from collector surfaces are oriented away from neighboring windows. (4) The panels are mounted as close as possible to the ground to match the slope of the hillside while allowing adequate drainage and preventing vegetation from shading the panels. c. The system is not located on a designated historical landmark. 3. Visibility. a. The solar panels are not visible from a public right-of-way that abuts the lot on which the solar energy system is located, or, if visible, they are installed within one foot of the natural ground topography. b. The solar panels are located so that they are not readily visible from public viewing areas including parks, roads and trails located to the south of the site. In order to issue a Zoning Clearance the review authority must determine that the development allowed by the Zoning Clearance is consistent with (1) the Comprehensive Plan including regional Community Plans and (2) the whole of the County LUDC and (3) all of the development standards listed above that are designed to ensure that the system is compatible with the surrounding area. Therefore, freestanding solar energy systems allowed in compliance with a Zoning Clearance will not result in any significant environmental impacts. Therefore, no significant environmental impacts are expected to result as a consequence of this ordinance amendment. Department/Division Representative Date Acceptance Date (: Date Filed by County Clerk: Note: A copy of this form must be posted at Planning and Development six days prior to a decision on the project. Upon project approval, this form must be filed with the County Clerk of the Board and posted by the Clerk of the Board for a period of 30 days to begin a 35 day statute of limitations on legal challenges. Distribution: (for posting six days prior to action, and posting original after project approval) Hearing Support Staff 09ORD file

9 ATTACHMENT C: RESOLUTION AND ORDINANCE RESOLUTION OF THE SANTA BARBARA COUNTY PLANNING COMMISSION COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA IN THE MATTER OF RECOMMENDING TO THE ) BOARD OF SUPERVISORS THE ADOPTION OF ) AN AMENDMENT TO SECTION 35-1 OF ) RESOLUTION NO.: 09 - CHAPTER 35 OF THE COUNTY CODE, THE ) SANTA BARBARA COUNTY LAND USE AND ) CASE NO.: 09ORD DEVELOPMENT CODE, REGARDING THE ) PERMITTING OF FREESTANDING SOLAR ) ENERGY SYSTEMS. ) WITH REFERENCE TO THE FOLLOWING: A. On November 27, 2007, by Ordinance 4660, the Board of Supervisors adopted the Santa Barbara County Land Use and Development Code, Section 35-1 of Chapter 35 of the Santa Barbara County Code; and B. The County Planning Commission now finds that it is in the interest of the orderly development of the County and important to the preservation of the health, safety and general welfare of the residents of the County to recommend that the Board of Supervisors adopt an ordinance (Case No. 09ORD ) amending Section 35-1 of Chapter 35 of the Santa Barbara County Code, the Santa Barbara County Land Use and Development Code, to permit certain freestanding solar energy systems that comply with a specific set of development standards with a Zoning Clearance instead of a Land Use Permit. Said Ordinance is attached hereto as Exhibit 1 and is incorporated herein by reference. C. The proposed Ordinance is consistent with the Coastal Act of 1976, the Santa Barbara County Coastal Plan, the Santa Barbara County Comprehensive Plan including applicable regional Community plans, and the requirements of the State Planning, Zoning and Development Laws. D. The proposed Ordinance is in the interest of the general community welfare, since it will implement both Government Code Section (b) which requires that A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit and the stated intent of Assembly Bill 2473 (effective September 24, 2004 to promote and encourage the use of solar energy systems and to limit obstacles to their use by providing a more efficient permitting process for freestanding solar energy systems without compromising community values, environmental quality, or the public health and safety. E. This Commission has held a duly noticed public hearing, as required by Section of the Government Code, on the proposed Ordinance at which hearing the proposed Ordinance was explained and comments invited from the persons in attendance. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

10 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Attachment C - Page 2 1. The above recitations are true and correct. 2. In compliance with the provisions of Section of the Government Code, this Commission recommends that the Board of Supervisors of the County of Santa Barbara, State of California, following the required noticed public hearing, approve and adopt the above mentioned recommendation of this Commission. 4. A certified copy of this resolution shall be transmitted to the Board of Supervisors. 5. The Chair of this Commission is hereby authorized and directed to sign and certify all maps, documents, and other materials in accordance with this resolution to show the above mentioned action by the Planning Commission. PASSED, APPROVED AND ADOPTED this March 4, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: DANIEL BLOUGH, Chair Santa Barbara County Planning Commission ATTEST: DIANNE MEESTER BLACK Secretary to the Commission APPROVED AS TO FORM: DANIEL J. WALLACE COUNTY COUNSEL By Deputy County Counsel EXHIBITS: 1. 09ORD

11 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Attachment C - Page 3 EXHIBIT 1 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 35-1, THE SANTA BARBARA COUNTY LAND USE AND DEVELOPMENT CODE, OF CHAPTER 35, ZONING, OF THE COUNTY CODE, BY AMENDING SECTION , SOLAR PANELS, OF CHAPTER 35.30, STANDARDS FOR ALL DEVELOPMENT AND LAND USES, OF CHAPTER 35.3 SITE PLANNING AND OTHER PROJECT STANDARDS; AND MAKE OTHER MINOR REVISIONS AS NECESSARY TO REVISE THE EXISTING PROCEDURES FOR PERMITTING FREESTANDING SOLAR ENERGY SYSTEMS. Case No. 09ORD The Board of Supervisors of the County of Santa Barbara, State of California, ordains as follows: SECTION 1: Chapter 35.3, Site Planning and Other Project Standards, of Section 35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the Santa Barbara County Code, is amended to amend Section (Solar Panels) of Chapter 35.30, Standards for All Development and Land Uses, to read as follows: Solar Panels A. Roof Mounted. Solar panels located on the roof of an existing structure do not require planning permit approval. B. Freestanding. Solar panels located on the ground or attached to a framework located on the ground shall be classified as accessory structures, and shall require the issuance of a Coastal Development Permit in compliance with Section (Coastal Development Permits) or a Land Use Permit in compliance with Section (Land Use Permits). the appropriate planning permit in compliance with the following: 1. Coastal Zone. Freestanding solar panels located in the Coastal Zone shall require the issuance of either a Coastal Development Permit in compliance with Section (Coastal Development Permits) or a Land Use Permit in compliance with Section (Land Use Permits) as applicable. 2. Inland area. Freestanding solar panels located in the Inland area shall require the issuance of either a Land Use Permit or a Zoning Clearance. (a) Land Use Permit. The issuance of a Land Use Permit in compliance with Section (Land Use Permits) shall be required for solar panels that do not comply with Subsection C. (Development Standards), below. (b) Zoning Clearance. The issuance of a Zoning Clearance in compliance with Section (Zoning Clearances) shall be required for solar panels that comply with Subsection C. (Development Standards), below. C. Development Standards. Freestanding solar panels located in the Inland area may be allowed with the issuance of a Zoning Clearance in compliance with Section (Zoning Clearances) if they comply with all of the following standards. 1. Design.

12 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Attachment C - Page 4 a. The proposed system is no larger than necessary to provide 120 percent of the electrical and/or thermal energy requirements of the structure to which it is accessory as determined by a contractor licensed to install photovoltaic and thermal solar energy systems. b. The solar panels and supporting framework do not extend more than six feet above the existing grade. 2. Location. a. The solar energy system including any appurtenant equipment is not located within any required setback areas. b. If the solar panels are visible from off-site, the solar panels are not located within 150 feet of a dwelling located on a lot other than the lot on which the solar energy system is located unless: (1) There are appropriate facades, walls, fences or landscaping that screen the solar panels and supporting framework from unobstructed view. (2) Taller screening and landscaping is used on the north side of panels to screen the panels from uphill views without reducing the efficiency of the system. (3) Reflection angles from collector surfaces are oriented away from neighboring windows. (4) The panels are mounted as close as possible to the ground to match the slope of the hillside while allowing adequate drainage and preventing vegetation from shading the panels. c. The system is not located on a designated historical landmark. 3. Visibility. a. The solar panels are not visible from a public right-of-way that abuts the lot on which the solar energy system is located, or, if visible, they are installed within one foot of the natural ground topography. b. The solar panels are located so that they are not readily visible from public viewing areas including parks, roads and trails located to the south of the site. SECTION 4: Except as amended by this Ordinance, Chapter 35.3 of Section 35-1, the Santa Barbara County Land Use and Development Code, of Chapter 35, Zoning, of the County Code, shall remain unchanged and shall continue in full force and effect. SECTION 5: Within the Coastal Zone portion of Santa Barbara County, this ordinance and any portion of this ordinance approved by the Coastal Commission shall take effect and be in force 30 days from the date of its passage or upon the date that it is certified by the Coastal Commission pursuant to Public Resources Code 30514, whichever occurs later; and before the expiration of 15 days after its passage a summary of it shall be published once together with the names of the members of the Board of Supervisors voting for and against the same in the Santa Barbara News-Press, a newspaper of general circulation published in the County of Santa Barbara.

13 09ORD Solar Energy Systems Permit Requirements County PC Hearing of March 4, 2009 Attachment C - Page 5 SECTION 6: Within the non-coastal Zone portion of Santa Barbara County, this ordinance shall take effect and be in force 30 days from the date of its passage and before the expiration of 15 days after its passage a summary of it shall be published once together with the names of the members of the Board of Supervisors voting for and against the same in the Santa Barbara News-Press, a newspaper of general circulation published in the County of Santa Barbara. PASSED, APPROVED AND ADOPTED by the Board of Supervisors of the County of Santa Barbara, State of California, this day of, 2009, by the following vote: AYES: NOES: ABSTAINED: ABSENT: JOSEPH CENTENO Chair, Board of Supervisors County of Santa Barbara ATTEST: MICHAEL F. BROWN Clerk of the Board of Supervisors By Deputy Clerk APPROVED AS TO FORM: DANIEL J. WALLACE County Counsel By Deputy County Counsel

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15 ATTACHMENT D: 10/1/2008 County Planning Commission Workshop Staff Report COUNTY PLANNING COMMISSION Workshop on Solar Energy Systems Permitting Options Public Workshop Date: October 1, 2008 Staff Report Date: September 24, 2008 Development Services Director: Dianne Black Staff Contact: Noel Langle Phone No.: PURPOSE OF WORKSHOP The purpose of this workshop is to review: Recent state legislation regarding government financing of solar energy systems. Planning and Development Department outreach efforts and promotion of solar energy. Permitting options for freestanding solar energy systems. 3.0 RECOMMENDATION AND PROCEDURES: Staff is seeking direction from your Commission regarding the permitting of freestanding solar energy systems. This is a workshop/discussion only and the County Planning Commission will not take final action at this meeting. 3.0 JURISDICTION This workshop is not required by State law. Any resulting ordinance amendments will be considered by the County Planning Commission in compliance with Government Code Section and Section of the County Land Use and Development Code (LUDC). The Government Code and the County LUDC require that the County Planning Commission, as the designated planning agency for the unincorporated portion of Santa Barbara County located outside the Montecito Community Plan area, review and consider proposed ordinance amendments and provide a recommendation to the Board of Supervisors. 4.0 ISSUES FOR PLANNING COMMISSION DISCUSSION 4.1 Recent state legislation regarding government financing of solar energy systems. AB811 (signed into law on July 21, 2008 as an urgency statute that takes effect immediately) authorizes the legislative bodies of cities and counties to adopt a resolution of intention regarding solar energy systems that may be financed through the use of contractual assessments. This bill: a. Authorizes the legislative body of any city, as defined, to determine that it would be in the public interest to designate an area within which authorized city and county officials and free and willing property owners may enter into contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property, as specified. b. Requires the resolution of intention to include, among other things, the kinds of distributed generation renewable energy sources or energy efficiency improvements that may be financed as well as a statement specifying that it is in the public interest to finance those distributed generation renewable energy sources or energy efficiency improvements. c. Requires the report to include, among other things, the types of distributed generation renewable energy sources or energy efficiency improvements that may be financed through the use of contractual assessments.

16 County Planning Commission Workshop - Solar Energy Systems County PC Hearing of October 1, 2008 Page 2 d. Authorizes a property owner, upon written consent of an authorized city or county official, to purchase directly the related equipment and materials for the installation of distributed generation renewable energy sources or energy efficiency improvements and to contract directly for the installation of those sources or improvements. 4.2 Planning and Development Department outreach efforts and promotion of solar energy. a. Solar energy informational brochure. The Planning and Development Department is presently updating a brochure (originally produced in September 2000 that provides information regarding the benefits, types, design and economic considerations, permit requirements, and additional resources for people that are interested in installing either photovoltaic or thermal solar energy systems. A draft of this updated brochure is attached to this report. b. Innovative Building Review Program (IBRP). The IBRP seeks to improve the energy efficiency of buildings by offering incentives to builders that meet certain efficiency target levels. These incentives include expedited processing, fee reductions, and Board resolutions addressing the structure s high efficiency. Use of solar energy systems, both photovoltaic and thermal, is one way to gain points to meet target levels. c. Permit process streamlining efforts. In addition to projects that qualify for expedited processing as part of the IBRP process, the Planning and Development Department is also investigating ways to expedite the permit process (both planning and building permits) for solar energy systems in general. Review by the Building and Safety Division typically occurs within 10 days from submittal of the application. For projects that require the approval of a Land Use Permit (currently all freestanding systems) this coincides with the Land Use Permit appeal period. 4.3 Ground mounted solar energy systems permitting options. The County LUDC currently provides that solar energy collection systems are exempt from planning permits if they are located on the roof of a structure, but require a Coastal Development Permit or a Land Use Permit if they are ground mounted. In compliance with State law, the County LUDC does not require design review for all solar energy collection systems. Building permits (especially in the case of roof mounted systems) and electrical permits are typically required. Solar energy is seen as an important tool in addressing the energy needs of residential and nonresidential land uses. As a result there is pressure at the state and local levels to reduce the time and cost associated with permitting solar energy systems. Assembly Bill 2473 (signed into law September 24, 2004) states in part that the purpose of the bill is to require every city, county, or city and county to approve the installation of a solar energy system, as defined, through the issuance of specified permits and to declare that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is a matter of statewide concern. The bill further declares that it is the intent of the Legislature that local agencies do not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and do not unreasonably restrict the ability of homeowners, agricultural concerns, and business concerns to install solar energy systems. The bill also states that it is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. The bill specifies that regulations on the installation of solar energy systems may only impose reasonable

17 County Planning Commission Workshop - Solar Energy Systems County PC Hearing of October 1, 2008 Page 3 restrictions on solar energy systems and defines reasonable restrictions as those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. On April 9 th, April 23 rd and May 7 th of this year the Planning and Development Department discussed with your Commission (among other items) the possibility of shifting the permit requirement for freestanding solar energy systems in the Inland Area from a Land Use Permit to a Zoning Clearance provided the project complies with all other zoning requirements (e.g., height, location). However, your Commission was not supportive of this permit shift due to concerns regarding aesthetic issues that may arise depending on the placement of the system and the inability of a concerned neighbor to effectively participate in the review given the lack of notice or ability to appeal associated with a Zoning Clearance process. Staff would like to explore with your Commission the following option for permitting solar energy systems that comply with the State s desire to limit obstacles to their use but also protect neighborhood concerns regarding placement and visibility. Any permitting scheme must also comply with Government Code Section (b) which requires that A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. This option was discussed in a workshop with the Montecito Planning Commission on September 17, 2008; the comments made by the individual commissioners indicated general support for the proposal. Retain the Land Use Permit requirement for ground mounted solar energy systems but provide that a Zoning Clearance may instead be required if the system complies with development standards that address compatibility and visual issues. These development standards would relate to: (1) Design: The proposed system is no larger than necessary to meet the building s electricity needs, and reasonable steps have been taken on the site to reduce electricity use (e.g. outdoor lighting fixtures are for safety lighting only). There are appropriate facades, walls, fences or landscaping that screen the system s supporting framework from view, and the walls and other screening materials are fully integrated with the overall site and building design. Taller screening and landscaping is used on the north side of panels to screen the panels from uphill views without reducing the efficiency of the system. Reflection angles from collector surfaces are oriented away from neighboring windows and, to the extent possible, away from public areas; all such facilities are placed, screened, or designed in such a way as to avoid casting objectionable glare into the windows of any residentially zoned lot located within 150 feet. The panels are mounted as close as possible to the ground to match the slope of the hillside while allowing adequate drainage and preventing vegetation from shading the panels. The freestanding system does not extend beyond a specified height above finished

18 County Planning Commission Workshop - Solar Energy Systems County PC Hearing of October 1, 2008 Page 4 grade. (2) Location: The system is located behind a structure which shields it from views from public streets. The system is located so that it is not readily visible from public parks, beaches and trails located to the south of the site. The system is not located on a designated historical landmark. The system is located towards the bottom of a hill rather than at the top to reduce visibility if feasible. 5.0 CONCLUSION AND RECOMMENDATION Planning and Development Department staff would like the Commission to comment specifically on the ground mounted solar energy systems permitting option outlined above. Attachments: Draft Solar Brochure