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SUMMARY

The desire and need for renewable energy in the City of Los Angeles continues to grow. Use of such technology, particularly solar energy systems, will not only provide environmental benefits but will also boost the green job market. In an effort to promote green development, the proposed modifications to the Los Angeles Municipal Code (LAMC) would allow for exemptions and specialized processes to streamline the permitting of structures solely supporting solar energy systems1 (Solar Structures). The proposed ordinance modifies the Los Angeles Municipal Code (LAMC) to provide: (1) the following exceptions for structures that solely support solar energy systems: reductions in parking stall length and width; limited waivers for non-conforming parking lots; modified height exceptions; (2) a new conditional use for otherwise unallowed structures that solely support solar energy systems; and (3) other technical corrections.

STAFF REPORT Initiation On July 2, 2010, the Planning and Land Use Management Committee (PLUM) issued motion 10-1153 (Garcetti-Reyes) which directed the Department of City Planning to streamline and simplify the Department’s Solar Structure processing. Background The Departments of Building and Safety, City Planning, Water and Power, Los Angeles Fire as well as representatives of Councilmembers Eric Garcetti and Ed Reyes met over the course of eight months to consider: each of the related inter- and intra-departmental processes; the experience of the project applicant; community concerns; and relevant California State law. The group developed the proposed ordinance to address these issues. Proposed Ordinance The proposed ordinance accomplishes the following: (1) removes barriers in retrofitting parking lots to accommodate Solar Structures, (2) modifies existing height exceptions to address the nature of Solar Structures, and (3) enables a new process for proposals that do not meet Zoning Code regulations.

1 Per California Government Code Section 65850.5, the City of Los Angeles cannot regulate solar energy systems for reasons other than health and safety.

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1. Barriers to Retrofitting Parking Lots

Parking Stall Dimension Exception A common obstacle to retrofitting existing parking lots to harness solar energy is that Solar Structures installed in parking stalls usually make the stall non-compliant with LAMC required dimensions due to the loss of area the Solar Structure occupies. Consequently, an additional parking stall would have to be created for every stall that is no longer compliant. This requirement is costly and physically impossible to remedy in some cases. The proposed ordinance allows up to 10” of the interior corners of a non-disabled parking stall to be encroached upon by a Solar Structure. The requirements on location and size of the Solar Structure ensure that parking spaces are still able to be safely utilized by drivers and pedestrians. This provision does not result in a loss of usable parking spaces. Rather, it changes the allowable dimensions of a stall by nominal amounts within specified locations. Diagram A illustrates the proposed parameters:

Non-Compliant Parking Lot Waivers A parking lot legally built to previous Zoning Code standards that have since been modified are referred to as “legal non-conforming”. Under California law, when alterations are made to a parking lot, such as installing Solar Structures, the parking lot must meet current disabled parking stall requirements. Converting two parking stalls into disabled parking stalls can sometimes lead to a net loss of a non-disabled parking stall due to the larger dimensions of disabled parking stalls. Typically, in parking lots of up to 50 stalls, converting two stalls to

DIAGRAM A

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disabled parking stalls would result in a net loss of one non-disabled stall. The loss of this parking stall then triggers a loss of legal non-conforming rights because the parking lot does not have the same number of parking stalls as they were required to have at the time of approval. Accordingly, the applicant must seek a variance for reduced parking from the Department of City Planning. The ordinance proposes that if the conversion of stalls into required disabled stalls results in a reduction of the total number of available stalls, then the applicant shall automatically be granted a waiver of the parking space requirement.

2. Solar Structure Height and Height Exceptions There are two issues concerning current height regulations. The first is the allowable height for Solar Structures. Currently, a rooftop structure is allowed to be built from the rooftop to the height limit. If the rooftop is below the height limit by a significant amount, this can result in an unreasonably tall solar structure. As illustrated in Diagram B, a building of 20’ could install a structure at any height between 20’ and the height limit, set at 33’ in this case, the typical single family height limit. The regulation itself regarding rooftop structures was written at a time that predates the popularity of Solar Structures. It was intended to address structures such as vents, staircase landings, etc. These structures have no functional relationship to height. Solar Structures do, however, thereby requiring more tailored regulation.

Second, the existing height exception allows rooftop structures to exceed building height by five feet where a five foot setback is provided. Again, this exception was intended for structures that have no functional relationship to height. This may result in another unintended consequence: a building built significantly below the height limit installing a structure that meets the height limit as described above, and further avails itself five feet of height due to this exception. For example, the same illustration considered above could have a rooftop structure that is 20’ in height: 15’ to meet the existing height limit, plus an additional five feet per the height exception as illustrated in Diagram C.

DIAGRAM B

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The intent of the current regulation was to provide adequate space for rooftop structures to be built. The proposed ordinance is continuing that intent by allowing Solar Structures to exceed building height (not the height limit) by only three feet in all Agricultural and Residential zones, as illustrated in Diagram D. The solar industry has expressed that three feet is sufficient for their needs. As a separate but related matter, the Fire Department requires a three foot setback from the perimeter of the roof of residential buildings.

In Commercial, Manufacturing, Public Facilities and multi-family Residential zones (R3, R4 and R5) where the building has a flat roof, the proposed ordinance allows Solar Structures to exceed building height by ten feet. This respects the seven foot clearance requirement by the Fire Department, and provides an additional three feet to allow for recreational pedestrian use as well as vehicular passage. Again, as a separate but related matter, the Fire Department requires a four foot setback from the perimeter of the roof of non-residential buildings. These LAMC modifications address both issues outlined above.

DIAGRAM C

DIAGRAM D

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It is important to reiterate that all measurements refer to only the structure supporting the solar energy system and do not include the panels. The tilt of the panel is not included in height measurements, because as mentioned before, local jurisdictions are precluded from regulating solar energy systems by State law. As a point of reference, the maximum tilt of the largest panels would add approximately 21”.  

3. Establishing a new Conditional Use Staff recognizes the evolving nature of renewable energy systems, which is why the proposed ordinance enables a new conditional use to allow for individual review of proposals not permitted by right pursuant to the conditional use process established under 12.24 W. The Zoning Administrator would be the responsible decision maker, and the process requires a public hearing and notification to property owners within 500’ of the subject site. Each project seeking a Conditional Use Permit would be required to undergo individual environmental review to determine the appropriate environmental clearance.

Public Outreach The proposed ordinance was presented to PlanCheck NC on August 13, 2011. Approximately 50 people were in attendance. Attendees brought up thoughtful questions that were addressed by staff at the meeting and via follow up e-mail and phone calls. A public staff hearing was held on August 17, 2011. The proposed ordinance was presented with minor technical modifications from the initially published version. One person, a member of Pacific Palisades Community Council, attended the meeting and spoke in support of the proposed ordinance. Conclusion Modifications to the LAMC are necessary to keep pace with the evolution and popularity of green building techniques. The proposed changes provide reasonable exceptions for Solar Structures that will streamline installation while also protecting the public welfare.

CPC-2011-1853-CA CPC-2011-1884-CE Solar Zoning Ordinance

FINDINGS

1. GENERAL PLAN FINDINGS. In accordance with Charter Section 556, the proposed Solar Zoning Ordinance is in substantial conformance with the purposes, intent, and provisions of the General Plan and its various Elements in that the Solar Zoning Ordinance supports the following: • Goal 5 of the Air Quality Element of the General Plan: “Energy efficiency

through land use and transportation planning, the use of renewable resources and less-polluting fuels…”

• Objective 5.1: “...to increase energy efficiency of City facilities and private developments.”

• Policy 1.1.4: by helping “Effect a reduction in energy consumption and shift to non-polluting sources of energy in its buildings and operations.”

The proposed ordinance furthers the aforementioned sustainability goals, objectives and policies of the General Plans by streamlining the installation of structures supporting solar energy systems in parking stalls and rooftops, as well as establishing a new conditional use for otherwise unallowed Solar Structures.

2. FINDINGS OF CONSISTENCY WITH THE FRAMEWORK ELEMENT.

Consistent with the intent of the General Plan Framework Element, the solar zoning ordinance implements following goals, objectives and policies of the Framework Element: • Chapter 9, Goal 9M of Infrastructure and Public Services: “A supply of

electricity that is adequate to meet the needs of Los Angeles Department of Water and Power electric customers located within Los Angeles.”

• Objective 9.29: To “Provide electricity in a manner that demonstrates a commitment to environmental principals, ensures maximum customer value, and is consistent with industry standards.”

• Policy 9.29.2: “Promote the responsible use of natural resources, consistent with City environmental policies.”

• Policy 9.29.3, “Promote conservation and energy efficiency to the maximum extent that is cost effective and practical, including potential retrofitting when considering significant expansion of existing structures.”

The proposed ordinance supports the aforementioned goals, objectives and policies by promoting a clean, local, renewable energy source that will expand existing power supply in a responsible manner.

3. CEQA FINDINGS. In accordance with the California Environmental Quality Act

(CEQA), this ordinance meets the criteria of a Categorical Exemption pursuant to Article 19, Sections 15301, 15305, 15307, 15308 the proposed ordinance (Appendix A) will have no potential for causing a significant impact on the environment. The proposed ordinance makes no changes to existing zoning or any specific plans. The proposed ordinance allows for negligible changes to existing exceptions and establishes a new conditional use permit.

APPENDIX A

ORDINANCE NO. ________________

The proposed ordinance (Appendix A) modifies Sections 12.21, 12.21.1, and 12.24 of the Los Angeles Municipal Code (LAMC) to provide: (1) the following exceptions for structures that solely support solar energy systems: reductions in parking stall length and width; limited waivers for non-conforming parking lots; modified height exceptions; (2) a new conditional use for otherwise unallowed structures that solely support solar energy systems; and (3) other technical corrections.

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. Paragraph (m) of Subdivision 4 of Subsection A of Section 12.21 of the LAMC is amended to read:

(m) For Existing Buildings. (Amended by Ord. No. 166,178, Eff 10/1/90.) Off-street automobile parking space being maintained in connection with any existing main building or structure shall be maintained so long as said main building or structure remains, unless an equivalent substitute number of such spaces are provided and thereafter maintained conforming to the requirements of this paragraph; provided, however, that this regulation shall not require the maintenance of more automobile parking space than is required herein for a new building or structure identical to said existing building or structure, nor the maintenance of such space for any type of main building or structure other than those specified herein. Further, provided, however, that if a building or structure constructed after the effective date of this ordinance is of insufficient floor area at the time of its construction to be required to provide parking spaces by the requirements of this section, but is subsequently increased in floor area in such a manner that it would be subject to said requirements, parking spaces shall then be provided on the basis of the total resulting floor area.

Notwithstanding any other provisions of this section to the contrary and for any existing high rise building cited under Los Angeles Municipal Code Section 91.8604(f):

The Department of Building and Safety may reduce the number of required parking spaces by the number of spaces which the Department of Building and Safety determines are needed to

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install a water storage tank to enlarge an existing fire pump room, or to install a new fire pump room.

The Department of Building and Safety may reduce the number of required parking spaces by the number of spaces which the Department of Building and Safety determines are needed to provide disabled parking spaces as required by State and Federal access laws.

Sec. 2. Sub-subparagraph (iii) of Subparagraph (1) of Paragraph (a) of Subdivision 5 of Subsection A of Section 12.21 of the LAMC is added to read:

(iii) Exception: The required width and length of a parking stall can be reduced to accommodate a structure solely supporting a solar energy system if it meets all of the following conditions:

a. Such posts or similar structures shall be within 10 inches of a corner of the stall farthest from the access aisle or driveway.

b. Of stalls in tandem, only the stall farthest from the access driveway may have its required dimensions reduced.

c. The reductions are not applied to a disabled parking stall.

See diagram below:

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Sec. 3. Table 12.21 C.10-5 of Subparagraph (7) of Paragraph (d) of Subdivision 10 of Section 12.21 of the LAMC is amended to read:

Table 12.21 C.10-5 Projecting Roof Structures

Roof Structures

Projection Above Height Limit

Setback from Roof Perimeter

Elevator Housing

No more than 5 feet

Not less than 5 feet

Tanks Ventilating Fans or similar equipment required to operate and maintain the Building. Skylights, covering up to 33 1/13% of the roof area upon which the skylight is constructed. Towers Steeples Flagpoles

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Smokestacks Wireless Masts Water Tanks Silos Solar Energy Devices Structures Solely Supporting Solar Energy Systems

See Section 12.21.1 B.3(a)

See Section 12.21.1 B.3(a)

Chimneys

No more than 5 feet

None

Exhaust Ducts/Ventilation Shafts

Stairway Housing, no larger than 36 square feet. Skylights, covering more than 33 1/3% of the roof area upon which the skylight is constructed.

No more than 30 inches

*Solar energy systems are exempt per California Government Code Section 65850.5

Sec. 4. Subdivision 3 of Subsection B of Section 12.21.1 of the LAMC is amended to read:

3. Roof Structures and Equipment

(a)a. Roof structures for the housing of elevators, stairways, tTanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, towers, steeples, flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos, solar energy devices, or similar structures may be erected above the height limit specified in the district in which the property is located building height by up to five feet if, the structure is set back from the roof perimeter by five feet. for each foot such structure exceeds the height limit, an equal setback from the roof perimeter is provided, except that stairways, chimneys and ventilation shafts shall not be required to be set back from the roof perimeter.

Chimney, exhaust ducts, or any roof structure housing stairways, elevators or ventilation fans may also exceed the building height by up to five feet, and are not required to provide a setback from the perimeter of

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the roof. No portion of any roof structure as provided for above shall exceed the specified height limit by more than five feet, except that wWhere height is limited to seventy–five (75) feet, roof structures for the housing of elevators and stairways shall not exceed may exceed the building height by up to twenty (20) feet in height, and where height is limited to thirty (30) feet or forty–five (45) feet, such roof structures for the housing of elevators and stairways shall not exceed may exceed the building height by up to ten (10) feet in height.

No such structure or any other space above the specified height limit shall be allowed for the purpose of providing additional floor space.

b. No portion of any roof structure as provided for in paragraph a of this subdivision, other than stairways, chimneys or exhaust ducts, shall be located within five (5) feet of the perimeter of the roof, and no such structure or any other space above the specified height limit shall be allowed for the purpose of providing additional floor space.

(b)c. In all zones, except the “A”, “R”, “CR”, “C1” and “C1.5”, a roof sign may also be erected above the specified height limit.

(c) Structures solely supporting solar energy systems in all “A” and “R” zones may be erected above the building height by up to 3 feet, even if the building is built at or above the allowable building height*. Structures solely supporting solar energy systems in all “M”, “C” and “PF” zones, and in the R3, R4 and R5 zones where the building roof is flat, may be erected above the building height by up to 10 feet, even if the building is built at or above the allowable building height. These structures are not required to provide a setback as described in paragraph (a) of this Subdivision. (*Solar energy systems are exempt per California Government Code Section 65850.5)

Sec. 5. Subdivision 53 of Subsection W of Section 12.24 of the LAMC is added to read:

53. Structures solely supporting solar energy systems not otherwise permitted. A Zoning Administrator may, upon application, permit structures that solely support solar energy systems that deviate from any regulation in the zoning code, such as height, lot coverage, and location.

Sec. 6. The City Clerk shall certify…