Chapter 17.51
RESOURCE CONSERVATION
Sections:
17.51.030 Citywide energy conservation standard.
17.51.040 References to additional city resource conservation standards.
17.51.050 Construction project materials recycling.
17.51.060 Solar access and view preservation.
17.51.010 Purpose.
A. This chapter provides standards to assist new development in achieving the conservation of energy and other resources within the community. This chapter also provides cross-references to other sections of this land use code that address resource conservation issues in relation to the topics of those regulations (e.g., subdivision design, exterior lighting, etc.).
B. This land use code includes a variety of standards, in addition to those in, or referenced in this chapter, that interact to implement resource conservation goals. These standards provide for: development that is mixed use and walkable; housing for diverse family types (including accessory dwelling units); street widths that are the minimum necessary to accommodate safe and convenient transportation; and the preservation of habitat, wetlands, and other environmental resources.
C. Collectively, the resource conservation standards of this land use code are intended to reduce per capita energy consumption, and its contributions to global greenhouse gas production, potable water consumption and resulting waste water production, and solid waste production. (Ord. 893 § 10, 2020; Ord. 766 § 2 Exh. A (part), 2004).
17.51.020 Applicability.
The provisions of this chapter apply to all proposed development and new land uses. The provisions in other sections of this land use code that are referenced in this chapter apply to proposed development and new land uses as determined by the specific sections referenced. (Ord. 766 § 2 Exh. A (part), 2004).
17.51.030 Citywide energy conservation standard.
Each new structure shall be designed and constructed to achieve a minimum of fifteen percent greater energy efficiency than otherwise required by the California Code of Regulations, Title 24, and shall also implement the city’s sustainable building program adopted by council resolution. Remodeling or other alterations to an existing structure shall require that the entire structure be brought into compliance with this section only if the proposed extent of change to the existing structure is sufficient that the building code would otherwise require that the entire structure comply with all applicable current building code requirements. (Ord. 766 § 2 Exh. A (part), 2004).
17.51.040 References to additional city resource conservation standards.
The following table identifies standards established by other chapters of the municipal code that provide for energy or other resource conservation.
|
Resource Issue |
Topic of Land Use Code or Municipal Code Regulation |
Code Section |
|---|---|---|
|
Energy conservation |
Condominium conversions |
17.42.065(B) |
|
|
Landscaping – Parking lot shading |
17.34.050(D)(3)(a)(v) |
|
|
Outdoor lighting – General lighting standards |
17.30.060(B) |
|
|
Outdoor lighting – Service stations |
17.42.180(D)(5) |
|
|
Sign lighting |
17.38.050(I) |
|
|
Subdivision design – Lot orientation |
17.78.030(G) |
|
|
Windmills for electricity generation |
|
|
Recycling and solid waste source reduction |
Polystyrene food packaging |
8.20 |
|
|
Recycling facility standards |
|
|
|
Solid waste/recyclable materials storage |
|
|
|
Solid waste source reduction |
8.22 |
|
Solar access protection |
Solar energy collectors |
|
|
|
Landscaping – Maintenance |
17.34.070(A) |
|
|
Landscaping – Selection and placement |
17.34.060(A)(3)(b) |
|
Water conservation |
Driveway pavement – Permeable surfacing |
17.36.100(E) |
|
|
Landscaping – Water efficient plant materials |
|
|
|
Landscaping – Water waste prohibited |
|
|
|
Parking lot pavement – Permeable surfacing |
17.36.090(I) |
(Ord. 766 § 2 Exh. A (part), 2004).
17.51.050 Construction project materials recycling.
A. Purpose. This section is intended to ensure that construction and demolition projects minimize unnecessary resource consumption, and the impact of construction waste on landfills, by salvaging, reusing, or recycling as many waste materials produced by a construction project as possible.
B. Applicability. All construction and demolition projects shall provide for the reduction and recycling of waste materials in compliance with this section.
C. Waste Management Plan Required. All building, grading, and demolition permit applications shall include a construction waste management plan. The plan shall include the following information:
1. Analysis of Waste. An analysis and estimate of the types and amount of waste to be generated;
2. Landfill Options. The name and location of the landfills to be used for the disposal of the materials and the projected costs of landfill disposal;
3. Alternatives to Disposal. A list of the materials to be salvaged, recycled, or reused during the project; the proposed market for each material; projected revenue from the sale of the materials, if any, and estimated costs. Materials to be recycled, reused, or salvaged should include asphalt, bricks, cardboard, concrete, dimensional wood, drywall, glass (windows, mirrors), green and wood waste from land clearing, metals (from banding, stud trim, ductwork, pipes, rebar, steel, iron, plumbing fittings, aluminum, zinc, copper, brass, and bronze), paint, plastics;
4. Materials Handling Procedures. A description of the means by which materials to be recycled or reused will be handled, source separated, etc., in preparation for acceptance by the designated facilities;
5. Transportation. A description of how materials will be transported, whether self-hauled to designated centers or collected by a waste hauler.
D. Timing of Approval. No building, grading, or demolition permit shall be issued by the city until the director has approved the construction waste management plan. The permittee may request and the director may approve changes to the waste management plan during the course of construction or demolition activities if unforeseen circumstances arise.
E. Final Report. Prior to final building or inspection or issuance of a certificate of occupancy, the permittee shall submit to the city and receive director approval of a final recycling report which documents to the satisfaction of the director that the construction and/or demolition waste materials generated by the project were recycled in compliance with the approved waste management plan. (Ord. 766 § 2 Exh. A (part), 2004).
17.51.060 Solar access and view preservation.
A. Purpose. The purposes of this section are to:
1. Recognize and establish the right of persons to preserve views, sunlight, trees or privacy on their property;
2. Recognize and establish parity in the right of persons to preserve views, sunlight, trees or privacy on their property; and
3. Establish a process by which persons may seek restoration of such views or sunlight when unreasonably obstructed by the growth of trees.
B. Right to View and Sunlight. Subject to the other provisions of this section, it is recognized that every person owning real property within the city has the right to have a reasonable amount of the view and sunlight benefitting his/her real property which existed at any time during the period beginning on the date that the complainant purchased the property and ending twelve months immediately following thereafter.
1. Notwithstanding the above, no right to a view or sunlight may be established under this section as to any tree located in the public right-of-way or on property in which the city enjoys a fee interest, easement or any other interest.
2. Notwithstanding the above, no right to a view or sunlight may be established under this section as to any heritage tree, and heritage trees may not be altered, destroyed or removed on the basis of any provision of this section.
3. Notwithstanding the above, a view or sunlight right may only be established based on the later of:
a. Facts or conditions which occurred or existed no more than twenty years prior to the date the complainant first notifies the tree owner under subsection (C)(1) of this section; or
b. Facts or conditions which occurred or existed during the twelve-month period specified in the first paragraph of subsection B of this section.
4. Notwithstanding the above, no view or sunlight right may be based upon and no view or sunlight right may be exercised with respect to any tree located more than three hundred feet from any boundary of complainant’s real property.
C. Process for Resolution of Claims. To establish view and sunlight rights recognized and established herein, the complainant must follow the process established by this section. The complainant must first complete the “initial discussion” process described in this subsection. Second, if that process does not yield a result mutually satisfactory to the complainant and the tree owner, then the complainant must seek to mediate his/her view/sunlight claim in accordance with this section. If the tree owner refuses to mediate or if the mediation is unsuccessful in resolving their differences, then the complainant must attempt to initiate arbitration as set forth hereinafter. If arbitration is not accepted by the tree owner, and the initial discussion and mediation have proved unsuccessful in resolving the view/sunlight claim, the complainant may then initiate litigation to determine his/her view/sunlight claim rights. No city action or decisions are required to establish or exercise a complainant’s view and/or sunlight rights.
1. Initial Discussion. A complainant who believes that tree growth on another person’s property has caused unreasonable obstruction of views or sunlight from the complainant’s active use area shall first notify the tree owner of their concerns. The notification should, if possible, consist of personal discussion to enable the complainant and tree owner to attempt to reach a mutually agreeable solution.
2. If Parties Agree. Following the initial discussion, if agreement is reached between the parties as to the existence and nature of complainant’s rights and on what restoration action is to be taken on the trees in question, that agreement shall be reduced to writing and executed by all parties concerned. The agreement must set forth all of the matters described in subsection G of this section; otherwise, it shall not be enforceable and shall grant no view or sunlight rights hereunder.
3. If Parties Do Not Agree. If the parties do not agree as to the rights in question and what action should be taken regarding the tree(s) in question, the complainant must prepare and provide to the tree owner a view/sunlight claim (and provide a copy of the view/sunlight claim to the city).
D. View/Sunlight Claim. A view/sunlight claim shall consist of all of the following:
1. For the relevant period, a description of the nature and extent of the alleged obstruction, including pertinent and corroborating evidence. Evidence may include photographic prints, negatives or slides, and written testimony from residents living in the area. The evidence must show absence of the obstruction at or during the relevant period of time. Evidence to show the date of property acquisition or occupancy by the complainant must be included;
2. The exact location of all trees alleged to cause the obstruction, the address of the property upon which the tree(s) are located, and the present tree owner’s name and address;
3. Evidence of the failure of initial discussion as described in subsection (C)(1) of this section to resolve the dispute. The complainant must provide evidence that written attempts at reconciliation under subsection (C)(1) have been made and have failed. Evidence may include copies of and receipts for certified or registered mail correspondence;
4. Specific view or sunlight restoration actions proposed by the complainant to resolve the unreasonable obstruction.
E. View/Sunlight Claim Process.
1. Mediation. If the initial discussion fails to achieve agreement between the tree owner and complainant, the complainant shall prepare and deliver to the tree owner a written view/sunlight claim and propose mediation as a timely means to settle the obstruction dispute.
a. Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than thirty days from service of notice either to accept or to reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within thirty days, and should commence mediation within sixty days.
b. The mediator shall consider and be governed by the purposes and provisions set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for view restoration action, but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for arbitration or litigation. Any agreement reached as a result of the mediation process described in this section must be reduced to writing and executed by all parties concerned. The agreement must set forth all of the matters described in subsection G of this section; otherwise, it shall not be enforceable and shall grant no view or sunlight rights hereunder.
2. Arbitration. In cases where the initial discussion process fails and where mediation is declined by the tree owner or has failed, the complainant shall offer in writing to submit the dispute to binding arbitration.
a. The tree owner shall have thirty days from service of notice to accept or reject arbitration. If accepted, the parties shall agree on a specific arbitrator within thirty days, and shall indicate such agreement in writing. If the parties do not agree on a specific arbitrator within thirty days, either party may petition the court to appoint an arbitrator.
b. The arbitrator shall be governed by the provisions of this section in deciding the view/sunlight claim and shall submit a complete written decision to the complainant and the tree owner. This decision shall decide all of the matters described in subsection G of this section, and if the complainant prevails, shall include a pertinent list of all required view or sunlight restoration actions with any appropriate conditions concerning the actions, and a schedule by which the actions must be completed; otherwise, it shall not be enforceable and shall grant no view or sunlight rights hereunder. A copy of the arbitrator’s decision shall be submitted by the complainant to the director immediately after it is rendered. Any decision of the arbitrator shall be enforceable in compliance with the provisions of Code of Civil Procedure Section 1285, et seq.
F. Litigation. If a complainant has unsuccessfully attempted to obtain agreement under subsections C and E(1) of this section, and the tree owner has declined binding arbitration under subsection E(2), the complainant has the right to initiate civil action for resolution of his/her view/sunlight claim and the view or sunlight obstruction dispute under the provisions of this section. The litigating complainant shall file a copy of the lawsuit with the director.
G. Specificity Required to Enjoy View/Sunlight Rights. Any person (the “complainant”) desiring to remove, destroy or alter one or more trees on property owned or controlled by another person (the “tree owner”) may do so only if the complainant:
1. Establishes a right to do so under subsection B of this section;
2. Establishes the right and the nature thereof in accordance with the procedures specified in subsections C through F of this section; and
3. Either enters into an agreement with the tree owner or obtains an arbitration or judicial decision:
a. Establishing the right,
b. Specifying, in detail, the nature of the right, and
c. Specifying the nature and timing of the restoration action and the parties responsible for performing the action required to effectuate the rights so established.
H. Standards for Evaluation of Claims. In determining the extent to which the complainant may exercise his/her view and/or sunlight rights otherwise established hereunder, the following factors shall be considered:
1. The vantage points from which the view is obtained;
2. The extent of the alleged view or sunlight obstruction;
3. The quality of the views which existed at, or during the relevant time including existence of landmarks or other unique view features, and/or the extent to which the trees block their view;
4. The extent to which the view or sunlight is diminished by factors other than the trees involved in the claim;
5. The extent to which the trees have grown to obscure the enjoyment of sunlight in the active use area of the complainant’s property;
6. The condition of the tree with respect to disease, general health, root or other damage, public nuisance, fire hazard, danger of falling, proximity to existing or proposed structures and interferences with utility service, and whether or not the trees act as a host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite;
7. The number of existing trees in the area, the number of healthy trees that a given parcel of land will support, and the current effects of the trees and their removal on neighboring vegetation;
8. The extent to which the trees provide:
a. Privacy,
b. Energy conservation and/or climate control, and
c. Soil stability, as measured by soil structure, degree of slope and extent of trees’ root systems;
9. Other tree-related factors, including but not limited to, species, size, growth maintenance requirements, aesthetic form, vigor, location, screening, potential for replacement of removed trees, historic value, and the effect of tree removal or alteration upon the public health, safety, prosperity, beauty and general welfare of the area. These factors shall not preclude reasonable restoration of view and/or sunlight.
I. Hierarchy of Restoration Actions. View and/or sunlight restoration actions must be consistent with all other provisions of this chapter. It is recommended that all tree work authorized in compliance with this section be performed or supervised by a certified arborist. Restoration action shall be limited to the following, in order of preference:
1. Vista Pruning. Restorative actions shall be limited to the vista pruning of branches where possible;
2. Crown Reduction. When vista pruning of branches is not a feasible solution, crown reduction shall be preferable to tree removal if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree’s growth pattern or health, or otherwise constitute a detriment to the trees in question;
3. Stand Thinning. The removal of a small percentage of the total number of trees from a grove of trees, without any replacement plantings;
4. Topping. Eliminating the upper portion of a tree’s trunk or main leader;
5. Tree Removal, with Replacement Plantings. Tree removal, which may be considered when the above-mentioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings of appropriate plant materials to restore the maximum level of benefits lost due to tree removal. Replacement plantings at an appropriate ratio can be required on the tree owner’s or the complainant’s property. The replacement trees shall be maintained so as not to cause a view obstruction. Under no circumstances shall restorative action include the replanting of undesirable species.
J. Responsibility for Ongoing Maintenance. The complainant shall have the responsibility for paying for initial restoration actions.
1. After this initial action, the cost of subsequent restoration actions shall be shared as determined by agreement between the tree owner and the complainant, or as ordered by arbitration decision or court order.
2. For “undesirable species,” initial restoration action shall be the responsibility of the complainant. Thereafter, the tree owner shall pay the cost of restoration actions, other than removal, applied to undesirable species, unless otherwise agreed through mediation or ordered by arbitration decision or court order.
K. Liability.
1. The city shall not be liable for any damages, injury, costs or expenses which are the result of any decision made by the city or any other person (e.g., mediator, arbitrator or judge) concerning a view/sunlight claim or a complainant’s assertions pertaining to views or sunlight rights granted or conferred in this chapter.
2. Under no circumstances shall the city have any responsibility or liability to enforce or seek any legal redress, civil or criminal, for any decision it or any other person (except in a case where the city is a named party and is subject to a lawful order of a court of competent jurisdiction) makes concerning a view/sunlight claim.
L. Apportionment of Costs. Costs of the mediator or arbitrator shall be apportioned between the complainant and tree owner as follows:
1. Mediation. First three hours: complainant, thereafter fifty-fifty or as determined by parties;
2. Arbitration. First three hours: complainant, thereafter fifty-fifty or as determined by arbitrator. (Ord. 766 § 2 Exh. A (part), 2004).