§ 17.28.040. Solar design considerations.

A.

The design of any subdivision for which a tentative and final map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

B.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements; providing, however, that such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

C.

The requirements of this section do not apply to condominium projects which consist of the subdivision of air space in an existing building when no new structures are added.

D.

Where neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to parcels in a new subdivision for which a final map is required, the approving officer or body may require the preparation and dedication of solar access easements or restrictive covenants.

E.

The burdens and benefits of the solar easement shall be transferable and run with the land to subsequent grantees of the grantor(s) and of the grantee(s). All solar easements must include, at a minimum, all of the following:

1.

A description of the dimensions of the easement, expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device or structural design feature may not be obstructed, or a combination of these descriptions;

2.

The restrictions placed upon vegetation, structures and other objects which would impair or obstruct the passage of sunlight through the easement;

3.

The terms or conditions, if any, under which the easement may be revised or terminated.

F.

In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided, and cost. Such easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.

G.

For the purposes of this section, the following definitions shall be applicable:

1.

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors;

2.

"Solar access" means the ability of sunlight to strike a solar energy system. For the purpose of this title, protection of solar access requires locating buildings and trees where their shadows will not obstruct more than ten percent of the sunlight available to the solar energy system between the hours of ten a.m. and two p.m., Pacific Standard Time, on December 21st.

(Ord. 854 § 2 (part), 1987: prior code § 11650)