Sunroom Desk

Glendale resident Scott Peer’s situation led to a thorough staff review of and a city council consensus yesterday on Glendale’s solar panel permit policies for residents. City staff will be drafting a policy that permits administrative exemptions from zoning requirements for solar panel installations.

Peer began an advocacy campaign after the city denied his permit application for support structures and solar panels above his garage. Appearing repeatedly at council meetings after the denial, Peer argued that some panel installations require support structures and that the city should not be impeding residents, like him, who want to install solar energy systems. City staff had rejected his plans because his proposed supports for the panels exceeded zoning height limitations.

Peer cited California Code Section 65850.5 (a) which states:

It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems.

City Attorney Scott Howard had responded in a November 14, 2008 letter to Peer:

even assuming Section 65850.5 exempts solar energy systems from all zoning requirements, it is our opinion that the structure supporting the panels is not a “solar energy system” and is therefore not subject to the protections of the statute.

…even if height and setback standards do not apply to solar energy systems, they do apply to the structure you propose to build on top of your garage. In our view, that structure does not constitute a solar energy system.

At the March 3, 2009 city council meeting, after Peer appeared again to debate the issue and supporters urged the council to do all it could to encourage residential installations of solar panels, the council voted to agendize the item and have staff review city policies and requirements.

At last night’s council meeting, staff presented three options to the council, including an option that allowed for an administrative exception process when proposed installation plans did not exceed zoning requirements by 20 percent. After discussion, questions from council members, and other suggestions, the council came to a practical consensus. They directed staff to create a low-cost process allowing homeowners to apply to the Glendale Zoning Administrator for zoning code exemptions – with no limitations, and at the administrator’s discretion – on solar installations.