§ 9-66.080. Solar Access Easements

A.

Applicability. A subdivision requiring Tentative Map approval in compliance with this Article, and that proposes one or more lots that are less than one acre, shall provide solar access easements in compliance with this Section, and as follows:

1.

The review authority may require the preparation and dedication of solar access easements as a condition of Tentative Map approval for any subdivision application proposing one or more lots under one acre, where:

a.

Proposed building configuration is specified at the time of Tentative Map submittal, and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to a proposed south wall, south roof or any proposed location for a solar energy system; or

b.

Proposed building configuration is not specified at the Tentative Map submittal, and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to the southernmost boundary of the buildable portion of the lot.

2.

Solar access easements shall not be required where the lot that would be benefited is one acre or larger, or where solar access is not available due to either existing vegetation, topography or surrounding development, or where other deed restrictions are sufficient to protect solar access.

3.

The requirements of this Section are not applicable to a condominium project that subdivides airspace in an existing building, where no new structure is proposed.

4.

The establishment of a solar access easement is not intended to result in reducing development densities or reducing the percentage of a lot which may be occupied by a structure, or cause the unnecessary destruction of existing trees.

B.

Easement design criteria.

1.

In a proposed subdivision where a building configuration has been developed at the Tentative Map stage, solar access easements created in compliance with this Section shall be designed, to the extent feasible, to protect solar access to proposed south roof and south wall areas and any proposed site for a solar energy system.

2.

In a proposed subdivision where a building configuration has not been developed at the Tentative Map stage, solar access easements shall be designed, to the extent feasible, to protect solar access to the southernmost boundary of the buildable portion of a lot.

3.

In establishing the dimensions of a solar access easement, consideration shall be given to contour, configuration of the parcel to be divided, existing vegetation and the use of adjacent parcels.

C.

Easement content. Each solar access easement required in compliance with this Section shall provide:

1.

A description of the solar access easement in terms of specific areas on benefited property to which solar access is to be protected, and a statement specifying that no structure, vegetation or land use shall cast a shadow so as to impede the passage of direct sunlight to more than 10 percent of a protected area on a benefited property between 9:00 a.m. and 3:00 p.m. on December 21 or on any other date approved by the advisory agency. For purposes of this Section, the easement shall protect and it shall be sufficient to describe only the specific areas on benefited property that would limit the height of structures and vegetation to under 50 feet on the burdened property to protect solar access.

2.

A diagram of the burdened property indicating in a manner easily understood by nontechnical persons the approximate height restrictions up to and including 50 feet on the property necessary to protect solar access to specific areas on benefited property.

3.

A statement that the burdens and benefits of the solar access easement are transferable and run with the land to subsequent grantees.

4.

Because a solar access easement is not intended to unnecessarily burden properties, a statement specifying that, subsequent to the development of a benefited property, restrictions on structures, vegetation and land uses due to a recorded solar access easement on a burdened property not required to protect solar access to a south wall or south roof or the site of a solar energy system shall be void and unenforceable, provided that a revised solar access easement signed by all affected benefited and burdened parties and a revised diagram in compliance with this Section have been recorded with the County Recorder.

a.

The easement shall also contain a statement that upon refusal of an affected party to sign the modified solar access easement, any other affected party may bring an action in court to determine what modification, if any, should be made to the easement, and that the costs of suit may be awarded to the prevailing party. This provision is not intended to, and shall not increase the area burdened by any solar access easement on any property.

b.

Where the applicable zoning at the time the solar access easement is recorded would allow the construction of only one primary structure on the benefited property, the provisions of this Subsection (C)(4) shall apply subsequent to Final Building Inspection or the issuance of a Certificate of Occupancy for the principal structure, or any detached solar energy system constructed on the benefited property at the same time as the principal structure.

c.

Where the applicable zoning at the time the solar access easement is recorded would allow the construction of more than one principal structure on the benefited property, the provisions of this Subsection (C)(4) shall apply subsequent to approval of a complete development plan for the benefited property that indicates the future location of all principal structures and the site of any detached solar energy system.

D.

Termination of easement. A solar access easement may be revised or terminated in compliance with Subsection C, or by a modification in writing that is signed by all benefited and burdened property owners and recorded with the County Recorder. The right of modification in writing shall not apply to the initial grantor of the easement.

E.

Recordation. A solar access easement required by this Section shall be recorded with the Parcel Map or Final Map with the County Recorder.

F.

Appeal. A decision of the review authority in compliance with this Section may be appealed in compliance with Chapter 9-76 (Appeals).

(§ 5, Ord. 1085, eff. January 6, 2006)