HomeMy WebLinkAbout02/21/1995, 1A - TRACT 2135 (CITY FILE NO. TR 39-93): REQUEST FOR EXCEPTION TO CONDOMINIUM REGULATIONS REQUIREMENT FOR SOLAR WATER HEATERS FOR 84 DWELLING UNITS TO BE DEVELOPED ON THE CORNER OF TANK FARM ROAD AND BROOKPINE. NYIIIII��I IOWN „nll � P M G DATE:
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COUNCIL AGENDA REPORT �°"NUMBER:
FROM: ArnoldJonas, mmunity Development Director lI
BY: Judith Lautner! sociate Planner
SUBJECT: Tract 213 (City file no. TR 39-93): Request for exception to condominium
regulations requirement for solar water heaters for 94 dwelling units to be
developed on the corner of Tank Farm Road and Brookpine.
CAO RECONIIMTNDATION
A. Adopt a resolution approving an exception to the solar water heating requirement of the
condominium regulations, allowing use of alternative energy-savings techniques, with a
condition that plumbing for solar water heaters be installed, to allow homeowner
installation of solar units if desired, based on required findings.
B. Direct staff to include amendments to the condominium regulations, to allow alternative
energy-saving techniques to be used in condominiums and similar developments, in an
upcoming batch of zoning regulations amendments.
DISCUSSION
Background
The applicant wants an exception to the solar heating requirement of the condominium
regulations for a "planned unit development" project. The condominium regulations say that
solar water heating units are required for each condominium unit. The City Attorney's office
has determined that the condominium regulations apply to planned unit developments.
Exceptions to these regulations may be approved by the City Council at a public hearing on the
map. Therefore, this request is scheduled to be heard at the same time as the final map.
Project description
The applicant wants to use alternative energy-saving techniques instead of solar collectors. The
alternatives include increased wall insulation (R-15), dual glazing throughout, 91.5% efficiency
forced air units, 79% recovery efficiency water heaters, and hot water pipe insulation throughout
the buildings.
Evaluation
1. Why is an exception wanted? The applicant's representative gives several reasons for
the request to eliminate the solar heaters (see letter from representative, attached):
• Appearance. The representative feels the.solar units are not attractive, especially
on tile roofs.
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1q��►�,����►Ip�p � city Of San LUIS OBISPO
COUNCIL AGENDA REPORT
Tract 2135 (City file no. TR 39-93)
1105 Tank Farm Road
Request for exception to solar heater requirement
Page 2
• Maintenance concerns. Penetration through the roof for the collectors can lead
to roof leaks and other maintenance problems, especially because the tiles are
fragile. The collectors themselves are subjected to extremes of heat and cold, and
available collector materials do not hold up well in these circumstances.
• Affordability. Addition of the solar units and the maintenance of those units will
add to the monthly costs to the homeowners association. As part of the approval
of Tract 1750, and subsequently Tract 2135, the developer is required to preserve
23 of the units for median- to moderate-income families. It is more difficult for
these buyers to qualify for homes when the monthly association dues are high.
• Long-term energy conservation. If the solar water collectors are not required,
the developer will instead provide additional energy saving elements in all of the
units, including double glazing, greater insulation, and efficient recovery water
heaters, all of which will not require regular maintenance or additional costs to
the association, but will generate greater cost and energy savings over the life of
the home than would be possible with solar heaters alone. The developer is
willing to provide plumbing for the solar heaters to allow individual homeowners
to install collectors at their own expense.
2. The alternative is superior. The City's Chief Building Official has reviewed the Title
24 report submitted as a part of this request. That report (available in the Council
Reading File and Community Development Department) compares use of 1) standard
construction practices along with solar water heaters with 2) dual glazing, greater
insulation, and-hot water pipe insulation. Both methods meet the requirements for energy
conservation stipulated by Title 24. The second alternative exceeds Title 24 requirements
and will save significantly more energy (and therefore money) over the long term than
the use of solar collectors would, without requiring the association to incur any additional
expense.
3. Findings are required. The condominium regulations say that the Council may grant
exceptions to property improvement standards at a public hearing on a map. Exceptions
may be granted when the following findings can be made:
A. There are circumstances of the site, such as size, shape or topography, distinct
from land in the same zoning, or compliance would not be practical because of
the location or site design.
Comment. Most of the units face south, and roof designs do permit installation of solar
collectors. The installation of collectors on these units would likely be successful from
the standpoint of access to the sun. However, compliance would not be practical because
4111611$11111 1 City Of San WIS OBISPO
COUNCIL AGENDA REPORT
Tract 2135 (City file no. TR 39-93)
1105 Tank Farm Road
Request for exception to solar heater requirement
Page 3
the installation and long-term maintenance of these heaters on the file roofs would add
to the association costs and bring limited returns, in comparison to the more effective,
maintenance free alternatives.
B. The variance will not constitute a grant of special privilege; an entitlement
inconsistent with the limitations upon other properties in the vicinity with the
same zoning.
Comment. Similar exceptions have been granted to other projects of similar density. It
is reasonable to assume that another project in the vicinity with the same zoning would
be granted a similar exception.
C. No feasible alternative to authorizing the exception would satisfy the intent of city
policies and regulations.
Comment. City policies call for incentives to encourage energy conservation beyond the
minimum required by state law. The alternative energy-conserving measures proposed
by the developer have been shown, through a Title 24 analysis, to provide significantly
greater energy savings over the life of the homes than solar water heaters would provide.
Granting of the exception, thereby approving the alternative measures, would satisfy the
intent of city policies and regulations.
The developer is not so much asldng for an exception as he is asldng for the opportunity
to use alternative methods to save energy. The condominium regulations do not address
alternatives. Therefore it is necessary to use the exception process even though the
findings were not conceived with alternatives in mind.
4. It's been done before. The City Council has authorized exceptions to the regulations
on at least two previous occasions: for the project on the corner of Rockview and Broad
(not built) and for Villa Rosa. In each of those cases, alternative energy-saving
techniques were proposed and required, and plumbing for solar collectors was also
required. Staffs recommendation in this case is consistent with those actions.
PUBLIC PARTICIPATION
This is the first time the request has been discussed at a public forum.
OTHER DEPARTMENT COMMENTS
Other departments have no opinion on this request.
City Of San WIS OBISPO
Hjj% COUNCIL AGENDA REPORT
Tract 2135 (City file no. TR 39-93)
1105 Tank Farm Road
Request for exception to solar heater requirement
Page 4
FISCAL MPACTS
Either an approval or a denial of the request would have no fiscal impact on the City' .
ALTERNATIVES
The Council may adopt an resolution denying the request, if it cannot make the required
findings.
The Council may continue action. Direction should be given to staff and the applicant.
ATTACffiIENTS
Draft resolutions
Letter from Bob Fowler, representative
/4 '/
RESOLUTION NO. (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXCEPTION TO THE CONDOMINIUM REGULATIONS
ALLOWING AN ALTERNATIVE TO THE SOLAR WATER HEATING REQUIREMENT
FOR A PLANNED UNIT DEVELOPMENT AT 1105 TANK FARM ROAD
(CITY FILE TR 39-93)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings, That this council, after consideration of public testimony,
the condominium regulations exception request for Tract 2135 (City file# TR 39-93), the staff
recommendations and reports thereon, makes the following findings:
1. Compliance with the condominium regulations requirement for solar heaters would
not be practical because the site design includes use of tile roofs, which are subject
to damage when penetrated, and experience with available solar collectors in this
climate has shown that maintenance problems detract from their usefulness and
energy savings.
2. The variance will not constitute a grant of special privilege; an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning, because any similar project in the same area with the same zoning would be
entitled to the same consideration of an exception.
3. No feasible alternative to authorizing the exception would satisfy the intent of city
policies and regulations, because authorizing the exception would allow installation
of passive energy-saving methods which would provide greater energy savings than
would the installation of solar heaters, consistent with City policies on energy
conservation.
4. The alternative energy-savings techniques will save more energy over the long term,
with less cost than would the use of solar collectors.
SECTION 2. Approval. The exception request, allowing alternative energy-savings
techniques, is hereby approved.
SECTION 3. Condition. The alternative is approved subject to the following
condition:
/A-S
Resolution no. (1995 Series)
Tract 2135 (City file no. TR 39-93)
Exception to solar heater requirement
Page 2
1. Plumbing shall be installed in each dwelling unit, to allow installation of solar
collectors by individual homeowners if desired.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
APPROVED:
Ci tto y
RESOLUTION NO. (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN EXCEPTION TO THE SOLAR WATER HEATING REQUIREMENT
FOR A RESIDENTIAL PROJECT AT 1105 TANK FARM ROAD (TR 39-93)
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this council, after
consideration of public testimony, the condominium regulations
exception request for Tract 2135 (City file no. TR 39-93) , the
staff recommendations and reports thereon, makes the following
finding:
1. The following finding(s) for an exception cannot be made:
(list)
SECTION 2. The request for an exception to the condominium
regulations property improvement standards is hereby denied.
On motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day
of , 1995.
Resolution no. (19 95 Series)
TR 2135 (City file no. TR 39-93)
Exception to condominium regulations
Page 2 .
Mayor
ATTEST:
City Clerk
APPROVED:
City Attorney
/A
R.W. HERTEL & SONS, INC.
January 17, 1995
Ms. Arnold Jonas, Director of Community Development
Ms. Judy Lautner, Associate Planner
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA. 93403
Mr. Jonas and Ms. Latimer,
Enclosed is a report from Mr. John R. Ewan entitled "Islay Pointe Villas Alternative Conservation
Measures Analysis" for your review and consideration.
We have had this study conducted as a prelude to our request to the City Council to waive the
requirements that you have imposed on our townhome project that are a part of the City of San
Luis Obispo's Condominium Development and Conversion Ordinance (Chapter 17.82). While
it is our opinion, after a review of the relevant ordinances of the City of San Luis Obispo, that
the requirements of Chapter 17.82 do not apply to our development, we would offer a
compromise with regard to the Energy Conservation section'regarding the solar water heating.
As described in the above referenced report, the provision of R-15 wall insulation, dual glazed
windows, hot water pipe insulation, energy efficient forced air heating and a recovery efficient
hot water heater will serve to provide a higher net margin of energy efficiency than would be
provided with the solar water heating package. We will also go ahead and provide plumbing stub
ups to the roof area in the event that a buyer should elect to have the solar water heating package
installed sometime in the future. This way the home buyer will have the opportunity to have
every energy efficient appliance available in the market today.
Our reasons for wanting to eliminate the solar water heating package are several fold. The
appearance of the units on top of the tile roofs is just one. The roof penetrations required for the
units provide additional potential for roof leaks. The complications of maintenance of the roof
top units is made much more difficult by the fact that they are on tile roofs. Those tiles are
fragile and subject to breakage.
The most compelling reason to substitute these other energy efficient items has to do with the
affordability of the project. As you know we have provided that 23 of the units will be set aside
for medium and moderate income families. The qualifying criteria for those units as well as the
market rate units is very narrow. The solar water heating package will require us to provide an
additional line item in our Homeowner's Association budget for their maintenance. That cost will
affect the amount of dollars left for a buyer to qualify for the mortgage. It is vitally important
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that we use every means available to minimize the HOA budget which will allow us to qualify
more families with lower incomes for these homes.
If we can achieve the same results intended by the City's ordinance in a manner that leaves the
units more attractive, more energy efficient and more affordable then it seems to us that we will
have accomplished more than is intended by the ordinance.
Sin el
ob Fowler
RW. HERTEL & SONS, INC.
R.W. BERM & SONS, INC.
OXNA", CA
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