~ Trees and Solar Power: Natural Partners ~
California Urban Forest Council &
Western Chapter ISA October 15 & 17, 2013
Veterans Memorial Hall, Davis, CaliforniaCalifornia Center for Sustainable Energy, San Diego, CA
Presented by: Dave Dockter, Planning Arborist-- ASCA, ISA, APA
City of Palo Alto Urban Forestry Department, California, USA
Integrating the Solar Shade Act with Planning and Urban Forestry
Practices
Topical AgendaI. Solar Systems 101, the basics
II. The CA Solar Act (Public Resources Code)
~Relations
hip to trees
and fiscal
impact
III. Redefining the law ~ ~The CA Santa Clara v. Sunnyvale Case
IV. Graphics & Shadow Studies – A Word on Solar Access
V. Summary Discussion with Attendees
~ Trees and Solar Power: Natural Partners ~
SUMMARY SLIDE: Where are the trees governed by codes? California Solar Act & Urban Forestry~Integration
22 RESIDENTIAL TREES: TREE ORDINANCE
1
1STREET TREES: MUNI-CODE/CITY PROPERTY
SITE SCHEME
NORTH
3
COMMERCIAL PROPERTYTREES: ZONING, HILLSIDE, COASTAL, STREAMSIDE OR OTHER ENVIRONMENTAL ORDINANCES
34
4 SOLAR ACCESS: CA SOLAR ACT / ANY PROPERTY
Attendee Information on Solar Shade Act
is important to you as a ‘front-line’ practitioners
1. Solar Company Industry & Sales Managers: 2. Utility Rebate Entity
3. Urban Forest Managers
4. Architects
5. Commercial Property Owners
6. Arborists who consult
7. Attorneys
8. Other secondary persons who are involved with policy setting, sustainability & energy criteria, zoning or code enforcement
~ Trees and Solar Power: Natural Partners ~
Solar Energy System Basics¹
The Solar Photovoltaic (PV) panels
Solar (PV) panels: Generate electric current by converting direct sunlight radiation to electricity.
Optimum when perpendicular to the sun.
Unobstructed high angle summer sun produces more than tree obstructed low angle winter sun
olar thermal systems: Use the sun to heat water, either active or passive. May require less surface area than PV.
Requires a storage tank for heated water or pool
¹Zoning Practice. American Planning Association. Issue Number 4. Solar Access. April 2009
~ Trees and Solar Power: Natural Partners ~
Roof mounted PV
Ground mounted PV
Single cell,
unlinked
~ Trees and Solar Power: Natural Partners ~
Cells are connected ‘in-line’, like a daisy chain
Shading cells mid-line from a tree or building may diminish or cancel out the remaining PV cells in the line.
~ Trees and Solar Power: Natural Partners ~
Solar PV Demo w/ Tina KeeganSolar PV Demo w/ Tina Keegan
City of Palo Alto Display Director ~~ @ Jr. Museum and Zoo ~~ City of Palo Alto Display Director ~~ @ Jr. Museum and Zoo ~~ 2011
~ Trees and Solar Power: Natural Partners ~
IncentivesIncentives for the Solar Energy SystemsSystems
Federal, State and Tax Credits
Income tax deduction to 30% of installation cost (renewable Energy Tax Credit 2008): For an average $30,000 residential installation, income deduction would be $8,000 to $10,000 in a tax year. (What are 2014 the incentives?)
Local governments have renewable energy loan programs as part of their overall climate change plans.
Loan repayment times of between 10 and 30 years thru utility bill savings or property tax bills.
~ Trees and Solar Power: Natural Partners ~
IncentivesIncentives for the Solar Energy InstallationInstallation
Solar Collector companies and local agencies provide loan programs to lower upfront cost:
For a comprehensive listing of incentive programs browse the Database of State initiatives for Renewable and Efficiency (DSIRE), via North Carolina State University.
Expidential numbers of Solar Collector increase should be expected in all areas of residential, commercial, educational hillside and grassland areas.
Cities in northern california recorded more than 11,500 new solar PV systems between 1998-2007. 2007-2010 may have tripled this number.
~ Trees and Solar Power: Natural Partners ~
Solar Access Protection
CA Solar Shade Control Act of 1979 (old law)
Originally drafted prohibiting shading of solar collectors from tree growth. Must maintain tree size indefinitely.
No more than 10% of the PV could be shaded between 10a.m. and 2p.m. Location must be 5-feet from property line and 10-feet from ground.
Law required trees to remain ‘static’ in size and shade cast when encroaching on a PV system.
Public and private urban shade tree investments and benefits were at significant risk if PV systems were not installed in prime locations.
~ Trees and Solar Power: Natural Partners ~
• Solar PV panel array proposed for the south facing roof exposure.
• City street tree would need to be topped annually for solar access, thereby eliminating long term service benefits of the large canopy tree resource. •Photo story by Gordon Mann
Redwood
City C
ase
Capsule
Application was denied
~ Trees and Solar Power: Natural Partners ~
What brought change to the original 1979 Solar Shade Act?
Santa Clara County v. Treanor. AKA, Sunnyvale/Santa Clara case. 2007-2008.
Law reform legislation was brought by Senator Joe Simitian after the residential solar conflict with trees issue was brought to his attention by his annual, ‘There otta be a law’ contest.
The 1979 law was amended in 2008 to address issues that stemmed from the landmark Sunnyvale/Santa Clara court case.
Solar Access Protection
CA Solar Shade Control Act of 2009 (current law)
California Public Resources Code Chapter 176, Sec 25981-25985
~ Trees and Solar Power: Natural Partners ~
CA Solar Shade Control Act of 2009 (current law)
Changes now in effectChanges now in effect
Exemptions to the Act if trees were planted before the installation of a solar collector
Includes the future growth of a tree, and its replacement if the tree dies or is removed.
Exemption provides for the future growth of the tree, as well as its replacement if the tree dies or is removed.
Definition of solar collector was changed to include PV devices on the ground.
Ground installation locations may increase the occurrence of tree conflicts in densely populated zones.
~ Trees and Solar Power: Natural Partners ~
CA Solar Shade Control Act of 2009 (current law)
Changes now in effectChanges now in effect
Exempts trees that are subject to a local city or county ordinance, such as:
Tree Ordinance protected trees (muni-code)
Publicly owned trees (muni-code)
Zoning trees (designated as part of a formal landscape plan required by a entitlement approval)
~ Trees and Solar Power: Natural Partners ~
CA Solar Shade Control Act of 2009 (current law)
Changes now in effectChanges now in effect
Changed the remedy of a violation from a public nuisance to a private nuisance. State no longer prosecutes, civil matter not adjudicated by local govt.
In other words, the burden is now on both parties, instead of the tree owner defending against the public nuisance criminal violation. (Ex., the Sunnyvale (Treanor) v. Santa Clara County (DA)
Excludes a solar collector that is designed and intended to offset more than the building's electric demand.
In other words, a system cannot generate a profit or prevail over a tree even if it has ‘first right’ designation.
~ Trees and Solar Power: Natural Partners ~
Shading Study, Spring 10AM
Correct Placement
Oaks, south side
Redwoods, north side
Solar Thermal Panels
Photovoltaic PV Panels
~ Trees and Solar Power: Natural Partners ~
Oaks, south side
Redwoods, north side
Shading Study, Fall 10AM
Not optimum placement
~ Trees and Solar Power: Natural Partners ~
Oaks, south side
Redwoods, north side
Shading Study, Winter 10AM
Not optimum placement
Tree canopy growing in size
Panels shaded in excess of
10%
~ Trees and Solar Power: Natural Partners ~
Fox 2 Video
District Attorney vs. Sunnyvale (Treanor) case 2008
~ Trees and Solar Power: Natural Partners ~
Mercury News Photo
Case Capsule
Vargas vs.
Treanor
~ Trees and Solar Power: Natural Partners ~
Case Capsule
Vargas vs.
Treanor
• Solar PV panels installed low in the shade cast of existing redwoods
• Subject to prior 1978 law provisions. Two trees in violation of 10%+ panel shade
• If subject to the 2009 law provisions, trees, future growth and replacement would prevail
Mercury News Photo
Type IINed Patchett, Project Arborist
Summer
Sun
~ Trees and Solar Power: Natural Partners ~
Type IINed Patchett, Project
Arborist
Winter Sun
~ Trees and Solar Power: Natural Partners ~
• Plans for site, zoning review
and building permit for the
solar collector unit location
• Show presence of trees,
including on neighboring lot
that may cast shadow near
proposed PV panels
Document trees on plot plans to locate the PV panels in optimum locations
PV
Pa
ne
ls
PV
Pa
ne
ls
PV
Pa
ne
ls
~ Trees and Solar Power: Natural Partners ~
Solar Access Study of Shading (required by planning staff) for a mature Coast Live Oak revealed
significant foreseeable impact. Mitigation was required. Rooms were swapped w/ other areas, bldg &
roof were notched, and new study reflects acceptable increase in solar access. Tree protection &
care was heavily conditioned in the record of land use entitlement. 2009.
An Oak tree is identified as a biological resource
Environmental impact tree saving measres were created
Related solar access case: New 3-story Hotel
Century old Coat Live Oak
being protected and supplied with solar access
~ Trees and Solar Power: Natural Partners ~
~Case Capsule~
Coast Live Oak Solar Access
Shading Study, Spring – 12 PM
45’ height Oak needed more solar access. Bldg
was dropped down to 43’ and 33’ respectively. Increase solar is in
orange
Dave Babby, Project Arborist
~ Trees and Solar Power: Natural Partners ~
~Case Capsule~
Coast Live Oak Solar Access
Shading Study, Spring – 3 PM
Low afternoon sun shadows
Increased solar access of the leaf canopy from notched building is in
orange
~ Trees and Solar Power: Natural Partners ~
~Case Capsule~
Coast Live Oak Solar Access
Shading Study, Summer – 3 PM
Higher afternoon sun & shadows
Increased solar access for the leaf canopy from
notched building is in orange
~ Trees and Solar Power: Natural Partners ~
Building notched down for
solar access
~Case Capsule~
Coast Live Oak Solar Access
Shading Study, Winter – 3 PM
Low afternoon sun & significant building shadow
Increased solar access for the leaf canopy from notched building is in
orange
~ Trees and Solar Power: Natural Partners ~
For Post Presentation Use ~
Sample language: Building Permit or Condition of Approval
Recommended as a standard requirement or staff comment for PV review permitting.
Excerpted from the Palo Alto Trees_ A Planners Toolbox/Incomplete comments Part 1.
SOLAR COLLECTORS, PHOTOVOLTAIC (PV) SYSTEMS. The city permitting information requires a tree disclosure statement (TDS) completed for all development applications affecting the site or exterior of structures, including PV systems to evaluate potential conflict with code and council priorities. A tree location and shading plan shall be submitted with the TDS submitted by the property owner indicating the location of regulated trees (see TDS for which those are) on or at any property adjacent to the subject property (including any public right of way trees).
The 10:00 am-2:00 pm seasonal shading study may be prepared by the architect, installing company or other digital program. To ensure the proposed location is an optimum fit with the surrounding solar environment, the study location should show that no conflict with regulated trees is foreseeable for a minimum of ten years. Submit a site plan size of 18” x 24”, and may be the same plan required by Building Division/Utilities Residential Inspection Checklist. These documents are available at the Development Center Homepage at: http://www.cityofpaloalto.org/depts/pln/development_center/default.asp
~ Trees and Solar Power: Natural Partners ~
Resources You Can Use(Referenced within this presentation) http://en.wikipedia.org/wiki/Photovoltaics
http://www.sandiego.edu/epic/
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prc&codebody=solar+&hits=20
Trees & Solar Power. Gordon Mann. Western Arborist, Winter 2009. http://www.wcisa.net/
~ Trees and Solar Power: Natural Partners ~
Developer was rewarded with public recognition and media reporting by a local tree advocacy group, Canopy, city council members and community.
Two century valley oak in front of new home at 450 Sequoia Avenue, Palo Alto. 1998
Site project arborist: McClenahan Tree Consulting
What
Works !
Case Capsule—Infill, Single family R-1Case Capsule—Infill, Single family R-1Case Capsule—Infill, Single family R-1Case Capsule—Infill, Single family R-1
• TTM*, Section 6.30-B, Tree Protection Zone. Although the tree dripline covers over half of the lot, the project Arborist determined a TPZ of 25-feet from the trunk would enable the tree to survive. The previous house foundation was at this approximate location. *Tree Technical Manual-a public document
CONSTRUCTING A HOUSE TO FIT THE TREE REQUIRES PLANNING BEFORE A BUILDING PERMIT IS APPROVED
Photos show a new home being constructed within the dripline of a 200-year native valley oak.
Case Capsule—Infill, Single family R-1Case Capsule—Infill, Single family R-1Case Capsule—Infill, Single family R-1Case Capsule—Infill, Single family R-1
Tree Technical Manual Prompts Consideration During
Environmental Review & Planning
Mall
Mall
Comm. Ctr.
DESIGN ROOM FOR TREES
Street Trees Commercial Trees Heritage Trees
SITE SCHEMES
PERVIOUS SURFACE
& ENGINEERED
SUB-GRADE NEAR TREESUSE MITIGATION TO SAVE TREES
Best Management Practices during Land Development a free Tree Preservation Practice Management Tool
City of Palo Alto
Attn: Urban Forestry
250 Hamilton Avenue
Palo Alto, CA 94301The Manual is also available free on line or can be ordered @http://www.cityofpaloalto.org/civicax/filebank/documents/6937
Helping cities craft effective tree ordinances, BMP’s for land
development & navigate the public process . . .
the Tree Technical Manual is available for order from the
City of Palo Alto
El Palo Alto Redwood—as it stands today
1,065 years old, circa 941
Earliest known image of the El Palo Alto redwood. El Camino Real and SP Rail Road passed adjacent to the tree from San Francisco to San Jose.
El Palo Alto Redwood~Origin of the city name~
2008 Speaker Biography for Conference Workshop & Lecture
Biography: Dave Dockter(Moderator may choose to read only sections as deemed appropriate)
•Dave is member of several organizations including American Society of Consulting Arborists, the ISA and American Planning Association. He is appointed as a Managing Arborist in Planning for the City of Palo Alto, and has a unique perspective of the urban forest, community involvement, government regulation and what it takes to keep it all going.
•He has been instrumental in re-inventing approaches to planning processes, efficient document use and EIR mitigation monitoring measures—areas that are commonly weak within many League of California Cities. Mr. Dockter has participated in amending several municipal tree ordinances throughout California and is involved with creative enforcement remedies to effect compliance.
•Dave was involved with the El Camino Real Pilot Design Workgroup, and Architectural Review Board advisory and principal author of the Palo Alto Tree Technical Manual, now in its seventh year of rugged use. (The ISA-APA awarded document is available for purchase or without charge download, copyright-free at http://www.cityofpaloalto.org/planning-community/tree_technical-manual.html).) •Mr. Dockter has other speaker topics available, many of which have particular interest to our mission and environment
• General Series•"Keeping Property Values High: Effective Tips for Tree Preservation During Land Development“• “Using Structural Soil—the American Public Works Association Perspective” •“New Environmental Tools—Using a Tree Technical Manual”•“Insights into Amazing Trees—the Natural and Built Environment”
• Government Series•GS #I “Navigating the Political Process—the Next Generation of Tree Managers”•GS #II “Very Legally Yours—Drafting & Using Laws to Integrate Significant Trees into Development Projects”•GS #III “Drafting Tree Preservation Ordinances—Focused Issues”
For reference only-read if desired.Dave has shared his PowerPoint presentations with professional groups across the country, including contributions at workshops sponsored by Land Development Breakthroughs, Myrtle Beach, SC 2006, the California Urban Forest Council (CUFC), University of California, the International Society of Arboriculture (ISA); 2006/& WCISA Super Session at Stanford; ISA Montreal 2003; the American Forests National Urban Forest Conference, San Antonio, Texas 2003; Sydney, Australia 2004 and a 2006 American Public Works Association National Webcast Training Series. Live streaming video of his lecture, “Insights into Amazing Trees—a Tour thru History”, at the PARC Forum is available for on demand viewing at: http://www.parc.com/cms/get_article.php?id=318 or on the Multi-university Research website at: http://murl.microsoft.com/LectureDetails.asp?1097.
Tasmania, Australia 2004Dave and Eileen Dockter & Ned the Koala
. . . Discussion . .Summary Questions ??? .
Thank you for your participation with Dave Dockter
~ Integration of the California Solar Act with Urban Forestry ~
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