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17.013.030 ENERGY CONSERVATION AND SOLAR ACCESS

A.     General

Subdivisions of 5 or more lots shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

B.     Solar Access Easement Required

The City may require the dedication of solar access easements for the purpose of assuring that no building, wall, fence, or other structure shall be constructed and no vegetation allowed to grow on individual lots so as to prevent unobstructed sunlight from reaching the south face of a structure constructed within the buildable area on any other lot between the hours of 10:00 a.m. and 2:00 p.m. Pacific Standard Time on December 21st, except that deciduous trees on adjacent property may shade a south-facing wall if it leaves such structure’s roof area unobstructed between the hours of 10:00 a.m. and 2:00 p.m. Pacific Daylight Time on June 21. All solar easements shall be offered in form and content sufficient to satisfy the preceding requirements to the satisfaction of the Director and shall be recorded with the Los Angeles County Recorder concurrent with recordation of the final map.

C.    Solar Access Exemptions

1.     Modification or Waiver by Decision-Making Body

The decision-making body may modify or waive the requirements of subsection B of this section for one or more lots in a subdivision if it determines that the dedication of such solar easement would not be feasible or would cause results inconsistent with the intent of providing unobstructed solar access because of the contour and/or configuration of the land to be subdivided, existing vegetation on or near the property, the need for new vegetation to moderate wind or temperatures, the effect of allowing permitted land uses on properties to the north of the subdivision, or similar considerations. Further, in no event shall the subdivider be required to:

a.     Reduce allowable densities; or

b.     Reduce the percentage of a lot which may be occupied by a building under the applicable zoning in force at the time the tentative map is filed; or

c.     Remove existing vegetation either on or off of the property to be subdivided.

2.     Airspace Conversion Projects Exempted

The requirements of this section are not applicable to condominium projects, which consist of the subdivision of airspace in an existing building where no new buildings are added. (08-05)