use laws to preserve trees - street tree seminar

~ Integration of the California Solar Act with Urban Forestry ~

Trees & Climate ChangeLos Angeles County Arboretum, California

Ayers Hall January 14, 2010

Presented by: Dave Dockter, Environmental City Planner-- ASCA, ISA, APA

City of Palo Alto Planning Department, California, USA

A Western Street Tree Management Symposium Presentation

Topical AgendaI. Solar Systems 101, the basics

II. The CA Solar Act (Public Resources Code)

Relationship to trees and fiscal impact

III.The CA Santa Clara v. Sunnyvale Case

IV.The Graphics & Shadow Study Components

V. Summary Discussion with AttendeesTargeted Audiences:

Solar Unit Sales Managers, Resident Property Owners,l Urban Forest Mangers, Architects, Arborists who Consult, Attorneys, Planning and Council Commissioners,Govt.

staff, Landscape Architects, Educators & Students, Engineers, Environmental Consultants, PE’s

California Solar Act & Urban Forestry~Integration

SUMMARY SLIDE: Where are the trees governed by codes?


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’ audience

1. Solar Company Industry & Sales Managers: 2. Utility Rebate Entity3. Urban Forest Managers

4. Architects

5. Arborists who consult

6. Attorneys

7. Other secondary persons who are involved with policy setting, sustainability & energy criteria, zoning or code enforcement


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

Solar 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



Roof mounted PV

Ground mounted PV

Single cell,

unlinked


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.

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.

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.


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.


Solar Access Protection

CA Solar Shade Control Act of 1979 (old law)

Originally drafted prohibited shading of solar collectors due to tree growth a solar system is installed. Must maintain tree size indefinitely.

No more than 10% of the PV can 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.



• 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

The original 1979 Solar Shade Act

Trees must allow optimum shade of 10% or less between 10 am and 2 pm.

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.

California Solar Act & Urban Forestry~IntegrationSolar Access Protection

CA Solar Shade Control Act of 2009 (current law)

California Public Resources Code Chapter 176, Sec 25981-25985


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.


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 defendant tree owner against the public nuisance criminal violation. (Ex., the Sunnyvale (Treanor) v. Santa Clara County (DA)

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)



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 defendant tree owner 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’eelectric demand.

In other words, a system cannot generate a profit or prevail over a tree even if it has ‘first right’designation.



Shading Study, Spring 10AM

Correct Placement

Oaks, south side

Redwoods, north side

Solar Thermal Panels

Photovoltaic PV Panels


Oaks, south side


Shading Study, Fall 10AM

Not optimum placement


Oaks, south side


Shading Study, Winter 10AM

Not optimum placement

Tree canopy growing in size

Panels shaded in excess of

10%

Fox 2 Video

District Attorney vs. Sunnyvale (Treanor) case 2008



Mercury News Photo

Case Capsule

Vargas vs.

Treanor


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 II


Ned Patchett, Project Arborist

Summer

Sun

Type II


Ned Patchett, Project Arborist

Winter Sun

• 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


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


~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


~Case Capsule~


Shading Study, Spring – 3 PM

Low afternoon sun shadows

Increased solar access of the leaf canopy from notched building is in

orange


~Case Capsule~


Shading Study, Summer – 3 PM

Higher afternoonsun & shadows

Increased solar access for the leaf canopy from notched building is in

orange

California Solar Act & Urban Forestry~Integration~Case Capsule~


Shading Study, Winter – 3 PM

Low afternoonsun & significant building shadow

Increased solar access for the leaf canopy from notched

building is in orange

For Post Presentation Use ~

Sample Condition of Approval language

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 permittinginformation 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


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/

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 CapsuleCase Capsule——Infill, Single family RInfill, Single family R--11

• 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 CapsuleCase Capsule——Infill, Single family RInfill, Single family R--11

Tree Technical Manual PromptsConsideration 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

Tree Preservation During Land DevelopmentWhat Works__What Doesn’t

Checks of $20 payable to:

City of Palo Alto

Attn: Planning Department

250 Hamilton Avenue

Palo Alto, CA 94301

The Manual is also available free on line or can be ordered @www.city.palo-alto.ca.us / featured sites / trees / contact us

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 today1,065 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~

. . . Discussion . .Summary Questions ??? .

Thank youfor your participationwith Dave Dockter

~ Integration of the California Solar Act with Urban Forestry ~

use laws to preserve trees - street tree seminar

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