Vallejo Municipal Code Ch. 16.338 Solar and Wind Energy Systems

These provisions encourage the use of solar and wind energy as alternative, and non-depletable energy resources, in compliance with the requirements of state law. They ensure that the installation of facilities is accomplished without creating adverse impacts on surrounding residents, and other development. More specifically, to:

A. Protect the use of solar energy systems without prohibiting normal property development; and

B. Regulate the placement of and access to wind energy conservation systems for the purposes of protecting the health and safety of individuals on adjacent properties as well as the general public.

These requirements apply to new rooftop and ground-mounted solar and wind energy systems that:

C. Conform to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and

D. Do not exceed the maximum legal building height.

A. Permit Requirements.

1. Zoning Compliance Review. Solar energy systems proposed on existing buildings shall be permitted subject to a determination of compliance with the requirements of this chapter pursuant to Chapter 16.603, Zoning Compliance Review.

2. Minor or Major Use Permit. Solar energy systems shall be permitted as part of a development project that requires a use permit, as appropriate, pursuant to Chapter 16.606, Minor and Major Use Permits.

3. Development Review. Solar energy systems shall be permitted as part of a development project that requires a development review, pursuant to Chapter 16.605, Development Review, and shall also comply with the standards of this chapter.

B. Site and Project Design.

1. Sites shall be designed to take advantage of solar access, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.

2. Subdivision and residential planned unit developments shall be designed so that dwelling units are oriented to the south to permit maximum exposure to the winter sun for solar heating. When necessary in order to achieve a southerly orientation for individual dwelling units, the director, upon application for an exception as provided by Chapter 16.608, Exceptions, may reduce or waive minimum yard requirements.

3. Buildings, landscaping, vegetation, fences, and other solar screens should be located and sited to the minimum extent possible so that they do not preclude or discourage the use of solar energy on adjacent properties and buildings. Where necessary, the director may require submission of a map showing shadows cast by solar screens, including landscaping and vegetation at maturity, for 12:00 noon (Solar Time) on December 21st.

4. When reviewing applications for subdivision or development review approval, the director or the planning commission shall ensure that the project is designed to minimize the extent to which the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time for existing ground-mount, pole-mount, or roof-mount solar energy collectors or for solar energy collectors for which a permit has been issued.

5. The plan for development of any site within cluster subdivisions shall be designed and arranged in such a way as to promote solar access for all dwelling units including, but not limited to, consideration of the following:

a. In order to maximize solar access, the higher density dwelling units should be placed on a south-facing slope and lower-density dwelling units sited on a north-facing slope;

b. Subject to the applicable setback requirements, structures should be sited as close to the north lot line as possible to increase yard space to the south for reduced shading of the south face of a structure; and,

c. A tall structure should be sited to the north of a short structure.

C. Facilities and Equipment.

1. Exterior clothes drying facilities shall not be prohibited in subdivisions and shall be provided in apartment house and condominium developments.

2. Exterior active and passive solar energy collectors and ancillary equipment shall not be prohibited in subdivisions, apartment houses, and condominiums.

3. In complying with the landscaping requirements of this code, developers shall take into account the impact of street trees on the solar access of surrounding properties and, where possible, efforts shall be made to avoid shading possible locations of solar collectors.

4. All parking areas shall be planted to afford a maximum amount of shaded area during the summer months. To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible and where consistent with other appropriate design considerations, new streets shall be located on an east-west axis to encourage building siting with the maximum exposure of roof and wall area to the sun.

5. Visibility. Except for solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right-of-way adjacent to the front property line.

a. Except on single-unit properties, solar collector panels, their necessary support structure(s), and conduit(s), shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation in that location does not significantly decrease the energy performance or significantly increase the costs of the solar energy system as compared to a more visible location.

b. For energy performance, "significantly decrease" shall be defined as decreasing the expected annual energy production by more than ten percent.

c. For the cost of solar energy systems, "significantly increase" shall be defined as increasing the cost of a photovoltaic solar energy system by more than one thousand dollars or the cost of a solar water or swimming pool heating system by more than ten percent.

d. The review and determination of the cost or energy efficiency of installation alternatives shall be made by the director based on analysis prepared by a qualified solar technician or licensed engineer. The review and determination of the least visible alternative shall be made by the director.

6. Height. The height of solar energy systems is subject to the following standards:

a. On Single-Unit Properties: Photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zoning district in which it is located; and

b. On all other Properties: Photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the zoning district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the zoning district in which it is located.

7. Setbacks. Except for solar collector panels, solar energy system equipment may be installed within the required side and rear setback but shall not be closer than two feet to any property line.

8. Historic Properties. On a property containing a designated landmark or contributing structure to a designated historic district as defined in Chapter 16.614, Architectural Heritage and Historic Preservation, solar energy systems that meet the criteria established in this chapter shall be permitted. Applicants are encouraged to locate panels away from principal (street-facing) facades, install the panels flush with roof plane (rather than elevated at a different angle), locate conduit and other ancillary equipment in a non-conspicuous location instead of the primary facade, and avoid obstructing key architectural features.

9. Alternative Review. Proposed solar energy installations on all property types that do not meet the standards set forth in this chapter shall not be authorized unless approved by the director in accordance with Chapter 16.605, Development Review, prior to issuance of a building permit, except that such installations shall require a certificate of appropriateness by the architectural heritage and landmarks commission in accordance with Chapter 16.614, Architectural Heritage and Historic Preservation, when located on a property containing a designated landmark or contributing structure to a designated historic district. These reviewing bodies may authorize installations that exceed the height limit in the applicable zoning district by a maximum of fourteen feet.

Installation and operation of wind-energy conservation systems (WECS) shall be permitted in compliance with the following standards in the zoning districts where they are permitted:

A. Permits Required.

1. A minor use permit as described in Chapter 16.606, Minor and Major Use Permits, shall be required for all wind-energy conservation systems (WECS) of less than five hundred square feet of rotor area (twenty-five-foot diameter).

2. WECS's exceeding five hundred square feet of rotor area shall require a major use permit as described in Chapter 16.606, Minor and Major Use Permits and shall be subject to conditions placed on the permit and the provisions of this chapter, whichever is more restrictive.

B. Performance Standards. Any WECS shall comply with the following requirements:

1. The WECS shall not exceed the noise and vibration standards described in Section 16.502.10, Noise.

2. The WECS shall be operated so that no harmful interference with radio and/or television broadcasting or reception is caused.

3. A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the operation of the WECS is likely to produce an unacceptable level of electromagnetic interference unless the applicant provides sufficient evidence indicating that the degree of interference will not disrupt the communications link.

4. The WECS shall be located in accordance with guidelines of the Federal Aviation Administration.

C. Dimensions. The maximum allowable hub height shall be one hundred feet. The lowest reach of the rotor shall be seventy-five feet from the ground unless it can be demonstrated by the applicant that a lower height would not subject the rotor to excessive turbulence. In no case shall the rotor be less than fifteen feet from the ground. Tower-climbing apparatus shall be no lower than twelve feet from the ground.

D. Setbacks. The WECS shall be set back a minimum distance of 1.25 times the maximum height reached by any part of the WECS to any property line, and a minimum of ten feet from any other structure on the property. A three hundred-foot setback shall be maintained from any district in which a WECS is not permitted. Setbacks determined by height may be waived when appropriate easements are secured from adjacent property owners or other acceptable mitigation is approved by the director.

E. Safety. At least one sign shall be posted at the base of the tower warning of high voltage. The generator, alternator or service entrance shall also be posted with the following information:

1. Maximum power input (kw), rated voltage (volts) and rated current;

2. Normal and emergency shutdown procedures; and

3. The maximum wind speeds the WECS in automatic unattended operation can sustain without damage to structural components or loss of the ability to function normally. The WECS shall be designed with both manual and automatic overspeed controls to limit the speed of blade rotation below the design limits of the rotor.

F. Design Considerations. All electric lines serving the WECS shall be installed underground. Guyed towers shall be within a six-foot fence of sufficient radius to enclose all guy cables.

G. Utility Company Notification. The Pacific Gas and Electric Company shall be notified in writing in accordance with procedures established by the California Public Utilities Commission of any proposed interconnection with that company's grid prior to installing said interconnection.

H. Maintenance. The tower and generating unit shall be kept in good repair. The WECS shall be deemed abandoned if not in continuous use except for maintenance and repairs. Upon the determination of abandonment, said system and tower shall be removed within thirty days of written notice to the applicant and property owner as shown on the latest tax rolls and subject to the appeals procedure as described in Section 16.602.14, Appeals.

I. All wind turbines above one hundred feet in height shall be located outside the line-of-sight of the Travis Radar installation.