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A. In order to provide for the maximum feasible use of solar energy within subdivisions, the city may require establishment of easements for some or all of the lots to protect access to sunlight. Such easements shall be established on each parcel for the benefit of neighboring parcels within the subdivision. Such easements will not be required when:

1. A plan for building construction and landscaping is approved in conjunction with the subdivision approval, and the plan will provide an acceptable level of solar exposure, as provided in the energy element of the general plan; or

2. The size and shape of the parcels together with the yard and height restrictions of the zoning regulations will allow subsequent development of each parcel in a way which will not eliminate acceptable solar exposure for neighboring parcels within the subdivision; or

3. The subdivision is a condominium conversion.

B. Where required, solar access easements shall protect solar exposure during the period from ten a.m. to two p.m. Pacific Standard Time on the winter solstice, unless topographical conditions or other overriding design considerations make protection of some other, equivalent time interval more desirable. They shall be recorded concurrent with recordation of the subdivision map.

1. The burdens and benefits of the solar easement shall be transferable and run with the land to subsequent grantees of the original grantor(s) and grantee(s).

2. The description of the easement shall include:

a. A plan and orthographic view of the easement area in relation to lot lines, together with notations on the maximum height of structures or vegetation which may occupy the easement area;

b. A written description specifying the easement as a plane limiting the height of structures or vegetation, such plane beginning at a line clearly defined in relation to ground elevation and lot line location, and extending upward at a specific angle (altitude) in a specific direction (azimuth);

c. The restrictions placed on vegetation, structures or other objects which would impair or obstruct passage of sunlight through the easement; and

d. Any terms or conditions under which the easement may be revised or terminated.

3. The establishment of solar easements is not intended to result in reducing allowable densities or the percentage of a lot which may be occupied by structures under zoning in force at the time the easement is established. (Ord. 1729 § 4 (Exh. A), 2023)