Chapter 28.11 — PROTECTION AND ENHANCEMENT OF SOLAR ACCESS

For the purposes of this chapter, the following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:

Base Elevation. The elevation of the highest point of contact of a structure with the adjacent ground. For the purposes of this determination, all fences, covered and uncovered walkways, driveways, patio covers and other similar elements shall be considered separate structures.

Northerly Lot Line. Any lot line, of which there may be more than one per lot, that forms a generally north facing boundary of a lot and has a bearing greater than or equal to 40 degrees from either true north or true south. For curved lot lines, the bearing of the lot line at any point shall be the bearing of the tangent to the curve at that point.

Plan View. A plot plan of the parcel which shows the horizontal dimensions of a parcel and each structure on the parcel.

Residential Zone. An A-1, A-2, E-1, E-2, E-3, R-1, R-2, R-3 or R-4 zone as defined in this title.

Shadow Plan. A plot plan which shows the extent of shading caused by a proposed structure and is in compliance with the rules and regulations approved pursuant to Section 28.11.040 of this chapter.

Solar Access. The ability of a location to receive direct sunlight as provided by the height limitations of Section 28.11.020 of this chapter. (Ord. 4426, 1986)

The maximum elevation of each point on a structure in a residential zone as measured from the base elevation shall not exceed the sum of (i) 18 feet in an R-3 or R-4 zone or 12 feet in all other residential zones and (ii) 58% of the shortest distance from that point to the nearest northerly lot line as measured horizontally on the plan view of the structure. Any height limitation imposed by this section shall be in addition to any other height limitation imposed in the Charter or this code, such that the more restrictive height limitation shall apply. (Ord. 4426, 1986)

The following shall be exempt from the height limitations of Section 28.11.020 :

• A. Any portion of a structure in existence, or for which a valid building permit was issued, prior to the effective date of the ordinance first enacting this chapter.

• B. Any portion of a structure which received preliminary approval by the Architectural Board of Review prior to the effective date of the ordinance first enacting this chapter.

• C. Any flagpole, antenna, ornamental spire, chimney, or other building element less than four feet along each horizontal dimension.

• D. A utility pole and line.

• E. Any portion of a structure for which a shadow plan is prepared and submitted by the applicant demonstrating that shadows cast by that portion of the structure at 9:00 a.m., noon, and 3:00 p.m., Pacific Standard Time on December 21st will:

  1. Not exceed the boundaries of a simultaneous shadow cast by a legally existing structure, or by a hill or other topographical feature other than trees or other vegetation; or

  2. Not shade that portion of any adjacent residentially-zoned lot which is occupied by a dwelling or which could legally and without modification of required setbacks be occupied in the future by a dwelling; or

  3. Fall entirely within the boundaries of an existing covered or uncovered paved off street parking area, or paved driveway leading thereto.

• (Ord. 5459, 2008; Ord. 4426, 1986)

The Community Development Director may promulgate and administer rules and regulations necessary for the administration and interpretation of this chapter, subject to approval by the City Council. (Ord. 4426, 1986)