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Home My WebLink About4.3ITEM 4.3 TOWN OF LOS ALTOS HILLS July 25, 2013 Staff Report to the Planning Commission SUBJECT: AMENDMENT TO THE ZONING ORDINANCE TO EXTEND THE SUNSET PROVISION OF LOS ALTOS HILLS MUNICIPAL CODE SECTION 10-1.502 (B) (6) (viii) (ROOF MOUNTED SOLAR - DEVELOPMENT AREA BONUS) UNTIL JULY 30, 2018; FILE #228-13 FROM: Brian Froelich, AICP, Associate Planner APPROVED: Debbie Pedro, AICP, Planning Director m -Cac pin-64cfe-41166 RECOMMENDATION That the Planning Commission: Forward a recommendation to the City Council to adopt the amended Ordinance in Attachment 1 -- - - ------extending--Los Altos-Hilis--Municipal--Code-Section--1-0=1-:502 (B) -(6) --(viii)- Development -Area Bonus until July 3032018. _.---.---_.---...__....._......_. I::NO : • 1► s� On July 13, 2006, the City Council adopted` the _Development Area' Bonus, Ordinance^'500.' The Ordinance allows for properties that do not already exceed the Maximum Development Area to receive a one-to-one square foot of additional Development,Area for each square foot of installed roof mounted photovoltaic panels, themaximum bonus = MDA + 500 square feet. DISCUSSION Since the, adoption .of the Ordinance, 277 roof mounted solar permits have been issued for an approximate total of 172,000 square feet of roof mounted solar panels in Town. Many of those permits are for systems that are larger than 500 square feet or for applicants not utilizing the bonus. Beginning in 2011, the Town has kept records of roof mounted solar;panel permits that immediately utilize the bonus. The following is a summary of the data: 2011-2012 Roof Mounted Solar Permits: _ Number of permits issued: 74 Number of permits utilizing bonus: ' 23.(31%) With 31% of applicants immediately using the bonus, a maximum of 1 1,500square feet of bonus Development Area was installed during the two recorded years (5,750 square feet per year). The resulting overall Development Area increase on a Town wide scale is small; however, the additional Development Area has made. a significant difference for .certain individual property owners: In particular, the bonus allows for lots with MDAs of 7,500 to more easily accommodate Staff Report to the Planning Commission Amendment to Zoning Ordinance Section 10-.1.502 (B)'(6) -(viii) July 25, 2013 Page 2 of 2 Fire Truck turnarounds, driveways, and outdoor living spaces. One of the City Council's goals at the time of adoption. was to offer an incentive to property owners that would not otherwise install photovoltaic systems. Property owners that are remodeling or building. new residences are often in that target category. Additionally, the bonus is aplanning tool to resolve minor practical site difficulties, likely reduces the number of development area variance requests, and aids in the ability to resolve minor development area code. violations.. The proposed amendment would allow the incentive to continue for an additional five (5) years and allow Town officials to reassess at that time.- Summary ime. Summary of Amendment Existing: Sunset Provision. This sec4ien shall e*pir-e oil July 3 0, 2013 Proposed:- Sunset Provision. This section shall expire on July 30, 2018 Committee Review ------------ The Town's Environmental Initiatives Committee has recommended support of the. Ordinance extension. ENVIRONMENTAL CLEARANCE (CSA) Ordinance 500 was adopted with an Initial Study/Mitigated Negative Declaration. The proposed Ordinance Amendment is categorically exempt from the provisions of the California Environmental QualityAct by Section 15303 (e). ATTACHMENTS 1. Draft Ordinance Amendment 2. Zoning Ordinance Section 10-1.502 ATTACHMENT 1 DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTION 10-1.502 OF THE MUNICIPAL CODE WITH REGARD TO ROOF.MOUNTED PHOTOVOLTAIC FACILITIES AND DEVELOPMENT AREA BONUS WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to advance the Town's energy conservation goals and increase energy efficiency in residential, public and private facilities; and WHEREAS, the Town wishes to amend the section of the Zoning Code to extend the Development Area Bonus for Roof Mounted Photovoltaic Facilities until July 30, 2018. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: 1. AMENDMENT OF CODE. Section 10-1.502 (Development Area), Article 5 (Area;; Coverage, Height, and- Setback -Limitations) of ,Chapter 1 (Zoning) of Title, 10 (Zoning - ----and--Site-Development)-of-the-Los-Altos Hills --Municipal Code-is-hereby--amended-.to read -.as follows: See. 10 1.502(b)(6)(viii) Sunset P-r-ou—ision. This seetion shall expire on July -30-, _ Sec.'10=1.502(b)(6)(viii) Sunset Provision. This section shall expire on July 30, 2018. 2. EFFECTIVE DATE; POSTING. This ordinance shall become effective thirty (30) days from the date of its passage, and shall be posted within the Town of Los. Altos Hills in three (3) public places. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2 of 2 ATTACHMENT 2 10-1.502 Development area. Except as provided in subsections (c) and (d) of this section, the amount of development area in square feet allowable on a parcel or lot shall not exceed the amounts determined by application of the formula in subsection (a) of this section where An is net area in acres, S is the average slope of the parcel or lot in percent, as defined in Section 10-1.202, LUF is the lot unit factor as defined by Section 10-1.202 and. MDA is the maximum development area allowable. (a) Maximum development area formula. For all parcels or lots, the allowable development area in square feet shall relate to the average slope of the parcel or lot and the Lot Unit Factor for the parcel or lot as specified in the formula given in subsections (1), (2), and (3) below: (1) For parcels or lots where S is equal to or less than ten (10) percent: MDA = LUF x 15,000 square feet. (2) For parcels or lots where S is more than ten (10) percent and less than thirty (30) percent: MDA = LUF x [15,000 - 375 (S-10)] square feet. (3) For parcels or lots where S is equal to or greater than thirty (30) percent: MDA = LUF x 7,500 square feet. ---------- - -- - - — (b) Development Area. Development area shall be measured in a horizontal plane and shall include the following: (1) Total floor area, as defined in Section 10=1.202 of this title; (2) The total area of land covered by structures not counted in subsection (b)(1) of this section, such as parking areas, patios, decks, walkways, swimming pools and tennis courts, together with other surfaces comprised of artificially emplaced building materials such as paving, roofing, masonry, stone or wood; (3) The first one hundred (100) feet of driveway, as measured along the center line, closest to the primary dwelling; and (4) That portion of a driveway exceeding twelve (12) feet in width which is located beyond the area described in subsection (b)(3) of this section. Where there is a common driveway in a driveway easement or a panhandle and the driveway, or a portion of the driveway, serves more than one residence, then using the regulations stated in subsections (b)(3) and (b)(4) of this section, the amount of driveway area shall be proportioned to the residences based upon use of the driveway; (5) Exemptions. Walkways constructed of unconsolidated building materials such as decomposed granite, tanbark and other wood chips; roof overhangs unsupported from the ground; and synthetic turf material with natural appearance and drainage characteristics similar to natural turf, when used on athletic fields at public recreational facilities and schools, subject to a conditional use permit approval by the City Council; (6) Development Area Bonus. A development area bonus (five hundred (500) square foot maximum) of one square foot for every one square foot of roof -mounted photovoltaic (PV) power generation facility (solar panels) shall be granted subject to the following requirements: (i) The development area bonus shall apply only to properties that do not already exceed the maximum development area allowable, (ii) The roof -mounted PV facility shall be grid tied or connected, (iii) For new residences, the roof, -mounted PF facility shall be fully installed and grid connected prior to the final inspection and occupancy of the new residence, (iv) For all other structures and projects, the roof -mounted PV facility shall first be installed with a building permit and receive satisfactory final inspection prior to granting of the development area bonus, (v) The development area bonus shall only be used for projects that otherwise comply with all other zoning and site development regulations, (vi) The maximum allowable development area bonus shall be reduced by one square foot for every one square foot of ground -mounted PV system over five hundred (500) square feet that is exempted from development area requirements by action of the Planning Commission, (vii) Any development area bonus request may be referred to the Planning Commission by the Planning Director. A development area bonus request for a property of less than one net acre in size shall be subject to Planning Commission review and decision, (viii) Sunset Provision. This section shall expire on July 30, 2013, (ix) The Planning Director shall provide the City Council with an annual report that evaluates the effectiveness of this subsection as an incentive for increasing PV system installations; (7) Photovoltaic Power Generation Facilities. Photovoltaic power generation facilities that are connected to the grid and that are five hundred (500) square feet or less are exempt from the requirements of this section. Photovoltaic power generation facilities greater than five hundred (500) square feet in area are subject to the requirements of this section, unless the Planning Commission determines that the offsite visual impacts of the facility are adequately mitigated. (c) Minimum MDA. The allowable development area on any parcel or lot shall not•be reduced to less than seven thousand five hundred (7,500) square feet by application of the provisions of this section, except as set forth in Section 10-1.502(e) or except in the case of parcels or lots which have a lot unit factor of 0.50 or less. Parcels or lots which have a lot unit factor of 0.50 or less require a Conditional Development Permit and development area may be restricted below seven thousand five hundred (7,500) square feet as a condition of the permit. Maximum development area for lots which require a Conditional Development Permit shall be established as the maximum floor area allowed by Section 10-1.503(c), plus two thousand one hundred (2,100) square feet. The Site Development Authority may approve development area of up to a total of four thousand -five hundred (4,500) square feet for any lot or parcel without requiring a variance, so long as the findings for a Conditional Development Permit are made. (d) For any lot on which substantial areas of slope in excess of thirty (3 0) percent constrain the allowable development area for the site, the lot unit factor and maximum development area may be calculated based solely on the flatter portion of the property, provided that: (1) the area used in the calculation results in a lot unit factor (LUF) in excess of 1.0 and provides a minimum of a one hundred sixty (160) foot diameter building circle within that area; (2) the remaining steep slopes excluded from the calculation are contiguous and placed in a conservation easement, prohibiting any construction, grading or development in perpetuity; and (3) driveway access to the building site is located outside of the conservation easement area. (e) The standards set forth in this section for maximum development area (MDA) are maximum standards. The City Council and Planning Commission have the discretion to apply stricter standards to reduce development area where site specific constraints dictate further limitations, such that the purposes of the ordinances are complied with. Some examples of site constraints include, but are not limited to, the shape or natural features of the lot, easements which restrict development, the potential for erosion, or high site visibility. (§ 1, Ord. 305, eff. October 3, 1986, § 2, Ord. 313, eff. June 5, 1987; §.2, Ord. 382, eff. May 17, 1996; § 1, Ord. 389, eff. August 15, 1997; § 1, Ord. 412, eff. July 7, 2001; § 1, Ord. 431, eff. November 16, 2003; § 3, Ord. 446, eff. June 11, 2006; § 1, Ord. 500, eff. August 13, 2006; § 1, Ord. 522, eff. December 18, 2010)