City of Davis

As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of section 66475.3 of the Subdivision Map Act, a requirement that the subdivider dedicate easements for the purpose of assuring that each parcel or unit in the subdivision shall have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined in section 801.5 of the State Civil Code. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided and cost. Required easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.

At the time of tentative map approval, the planning commission or subdivision committee, as the case may be, shall specify the following:

(a)The standards for determining the exact dimensions and locations of such easements.

(b)Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through the easement.

(c)The terms for conditions, if any, under which an easement may be revised or terminated.

The foregoing provisions of this section do not apply to condominium projects which consists of the subdivision of airspace in an existing building where no new structures are added.

The provisions of this section are in addition to, and not in substitution for or limitation of, the provisions of article XXXVI (Solar Access Protection) or article XXXVII (Solar Shade Control) of chapter 40 (Zoning) of this Code. (Ord. No. 1407, § 1 (part).)