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HomeMy WebLinkAbout2004ORDINANCE NO. 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 93.00 OF THE PALM SPRINGS ZONING CODE TO ADD SECTIONS 93.16.00 THROUGH 93.16.09 AND AMENDING SECTIONS 92.17.1.01, 92.17.2.01, 92.20.01, 92.21.01 AND 93.03.00 TO FACILITATE SOLAR ENERGY SYSTEMS. City Attorney's Summary This ordinance amends the City of Palm Spring's Zoning Ordinance in order to facilitate the implementation of the 2019 Energy Code relative to the implementation of the 2019 Energy Code for solar energy systems within the City. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code. B. On June 26, 2019, the Planning Commission conducted a public hearing to consider a zone text amendment Case 5.1970 to facilitate the implementation of the 2019 Energy Code relative to the implementation of the 2019 Energy Code for solar energy systems and approved Resolution #6755 and recommending approval to the City Council. C. On July 24, 2019 the City Council conducted a public hearing to consider amending the zoning ordinance relative to implementation of the 2019 Energy Code for solar energy systems and instructed Staff to revise the proposal resulting in revisions that will require the Planning Commission to consider the item again and continued the public hearing until October 2, 2019. D. On October 2, 2019 the City Council voted to table the Public Hearing with no testimony and continue the Public Hearing to a date certain of November 6, 2019. E. On October 10, 2019 the Planning Commission voted to table the Public Hearing with no testimony and continue the Public Hearing to a date certain of October 23, 2019. F. On October 23, 2019 the Planning Commission voted unanimously to approved Case 5.1970 ZTA and recommend approval to the City Council. G. Notice of a public hearing of the City Council of the City of Palm Springs to consider Case 5.1470 ZTA ("Zone Text Amendment") was given in accordance with applicable law. H. On November 6, 2019, a public hearing on the proposed Zone Text Amendment Ordinance No. 2004 Page 2 was held by the City Council in accordance with applicable law where a vote was taken and approved. I. The proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are reviewed for compliance with this ordinance the City will conduct CEQA review as required by law as projects are submitted. J. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zone Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented. K. The City Council hereby finds that approval of the proposed Zone Text Amendment would: 1. Allow solar energy systems in all zoning districts, with additional requirements for the Environmentally Sensitive Area Specific Plan (ESA- SP) zone. 2. Provide guidelines for placement, height, and setbacks for solar energy systems. 3. Facilitate implementation of the 2019 California Energy Code, which takes effect January 1, 2020, by providing a consolidated location for City solar zoning requirements. The new Energy Code will among its provisions, require all new residential construction three (3) stories and under to install a solar energy system. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. SECTION 1. The City Council hereby amends Chapter 93.00 of the Palm Springs Zoning Code (PSZC) to include Sections 93.16.00 through 93.16.09 to read as follows: 93.16.00 Solar Energy Systems and Facilities Sections 93.16.00 through 93.16.09 constitute the zoning regulations for solar energy systems and solar energy facilities in the City. 93.16.01 Short Title Sections 93.16.00 through 93.16.09 may be referred to as the Solar Zoning Ordinance of the City of Palm Springs. Ordinance No. 2004 Page 3 93.16.02 Purpose Recognizing that the Sustainability Plan has set a vision of Palm Springs as a high efficiency, renewable energy city, the City Council finds that it is in the public interest to reduce energy demand, encourage the use and development of solar energy systems as a clean, renewable energy source and to help promote local, renewable energy jobs. The purpose of this Solar Zoning Ordinance is to facilitate the effective and efficient use of solar energy systems by the residents, businesses and institutions of Palm Springs while protecting the public health, safety and welfare. 93.16.03 Definitions "Solar access" means space open to the sun and clear of overhangs or shade, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system. "Solar energy system" shall have the meaning assigned to it in Section 8.100.020 of the Palm Springs Municipal Code. "Solar energy facilities" means an alternative energy facility that consists of one or more ground -mounted or free-standing solar collection devices, solar energy related equipment (including storage) and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy for primarily commercial or other off -site use. 93.16.04 Permitted Accessory Use A. Solar energy systems are permitted in all zoning districts, as an accessory use to a permitted principal use subject to the standards for accessory uses in the applicable zoning district and the specific criteria set forth in this Solar Zoning Ordinance. In the ESA-SP zone, a solar energy system that is structurally mounted to the roof of a single-family dwelling or multi -family residential building that is permitted under Section 92.21.1.01 shall be considered an accessory use under Subdivisions (A)(2) and (13)(6) of such section. B. For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground -mounted and free-standing solar collectors, including solar photovoltaic cells, panels, arrays, inverters, shall be considered pervious coverage only if pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays. C. Installation or replacement of solar energy systems that does not change the use or the basic exterior characteristics or appearance of a non- conforming building or structure is allowed. D. Solar energy systems may generate energy in excess of the energy Ordinance No. 2004 Page 4 requirements of a property if the energy is to be credited under an applicable net energy metering program or used or stored onsite. 93.16.05 Height, Visibility and Setback Requirements A. Roof -mounted solar energy systems shall be subject to the following requirements and allowances: Roof -mounted solar energy systems may extend up to five (5) feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the zoning district in which the structure is located. 2. Roof -mounted solar energy systems shall be designed and located in a manner that minimizes their visibility from public streets without decreasing the energy performance of the system by more than ten (10) percent as compared with a more visible location. All solar energy systems on single-family dwellings not conforming to the roof profile are subject to the approval of the Director. B. Ground -mounted solar energy systems shall be subject to the following requirements and allowances: 1. All ground -mounted solar energy systems for single-family dwellings are subject to the approval of the Director. 2. All other ground -mounted solar energy systems shall be designed and located in a manner that minimizes their visibility from public streets without decreasing the energy performance of the system by more than ten (10) percent as compared with a more visible location. 3. The setback of ground -mounted solar energy systems accessory to a multi -family dwelling principal use or accessory to a principal use in non-residential zoning districts is subject to the following additional standards: a. Solar collectors are allowed to be located up to one half (1/2) of the setback that would otherwise apply from the front, side or rear property line. b. Accessory equipment also may be installed within the required side and rear setback but shall not be closer than two (2) feet to any property line. C. The review and determination of visibility from public streets shall be made by the Director. The review and determination of performance of solar collectors shall be made by the City Manager or designee. Ordinance No. 2004 Page 5 D. Solar energy systems in the ESA-SP zoning district shall comply with the design standards set out in Section 92.21.1.05. 93.16.06 Solar Energy Facilities As stated in Subdivision (D)(9)(a) of Section 92.17.1.01, Subdivision (D)(7)(a) of Section 92.17.2.01, Subdivisions (B)(1)(b)(i) and (B)(2)(a)(i) of Section 92.20.01 and Subdivision (D)(2)(a) of Section 92.21.01, solar energy facilities may be permitted in the zoning districts referred to in such sections, subject to approval of a conditional use permit, as provided in Section 94.02.00. 93.16.07 Protection of Solar Access A structure, fence, or wall shall not be constructed or modified in a residential zoning district so as to obstruct the solar access of a solar energy system on a neighboring parcel to a degree that significantly decreases (as such term is defined in Subdivision (B)(2)(a) of Section 93.16.05) the energy performance of the system. The Planning Commission may modify this requirement if it finds that strict compliance would unduly limit property development, or unduly interfere with the development potential as envisioned for the area in the General Plan or Zoning Code. Vegetation is encouraged to be sited to reduce solar gain while not obstructing solar access insofar as practical. 93.16.08 Solar Orientation Dwelling units in subdivisions of five (5) or more lots are encouraged to be sited to reduce solar gain as well as to take advantage of solar access and provide maximum exposure of roof area to the sun insofar as practical, including their orientation with respect to sun angles. 93.16.09 Building, Construction and Permitting Building, construction and permitting of solar energy systems and solar energy facilities shall be subject to the provisions of Title 8 of the Palm Springs Municipal Code including Chapters 8.04, 8.05 and 8.100 thereof, as applicable. SECTION 2. The City Council hereby amends Sections 92.17.1.01, 92.17.2.01, 92.20.01, 92.21.01 of the Palm Springs Zoning Code (PSZC) to remove the term "solar collectors" to be replaced by the term "solar energy facility" as defined in Section 93.16.03. SECTION 3. The City Council hereby rescinds Section 93.03.00(C)(3) of the Palm Springs Zoning Code (PSZC). Ordinance No. 2004 Page 6 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 4T" DAY OF DECEMBER, 2019. ROBE MOO MAYOR ATTEST: h 4-, X THONY . MEJIA CITY CLERK Ordinance No. 2004 Page 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 2004 is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the 6th day of November, 2019, and adopted at a regular meeting of the City Council held on the 4th day of December, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this lo- - day of Decem bef , 2019. NTHONY IA CITY CLE K