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none, New pool, decks, fenced in pla, CorrespondencecRot�in9 ad . Community f6.ociation of �ancno J"alpp3 o` ve/ es ND. 1 PDRTUGUESE BEND RD. • ROLLItID HILLS, CALIF. 90274 (310) 544-6222 ROLLING I-I8LLS March 23, 2009 Michael and Theresa Baurnann 25 Eastfield Drive Rolling Hills, CA 90274 Dear Mr. and Mrs. Baumann: CALIFORNIA 1310) 544-6786 FAX This letter is to follow up the meeting in which the RHCA Board of Directors approved your appeal to install solar panels on the south side of the roof of your residence. This approval was granted conditioned upon your planting bushes or a hedge to screen that portion of the roof from the street. We will send you a copy of the meeting minutes after they are approved on April 2"`r. The next step is for RHCA to stamp the plans and issue a building permit and inspection card and an invoice for the building permit fees. Please bring in three sets of plans to be stamped. One set will be kept by the RHCA for our inspector. Please note that because the landscaping is part of the approval, it will have to be completed prior to RHCA's inspector signing off on the final inspection of the project. Thank you for your patience and working with us through the approval process. Best wishes, • rr ,/ Kristen Raig Manager cc: Jay Storz, RHCA Architectural Inspector )at/Arch!t3aumann-AppcalAppr oved 03-23-1)9 MARCH 18, 2009 25 Eastfield, Michael Baumann RE: SOLAR PANELS: The owner wants to install solar panels to heat his pool. He was given permission by the City and the RHCA to install solar panels on his roof to heat/cool the house. State Law prohibits cities to regulate solar panels, and therefore we approve them over- the-counter, and the RHCA has the Architectural Committee look at the location on the roof. Building permits are required. In the past, all the requests for solar arrays were for placement on the roof of structures. The RHCA even approved solar panels on the roof of a barn. Recently, the requests for solar heating have been various, from placing the panels on a tennis court fence, to placing them on trellises or other structures. The owner presented to the RHCA Architectural Committee a desire to place solar panels to heat the pool on the tennis court fence. They went into the field and ask that he reconsider the location or at least separate the panels, as it would be a very long, large covering of the fence, if even structurally possible. They suggested an area in the northwestern portion of the lot. He is proposing approximately 960 sq.ft. of panels. On 3.16.09 Mr. Baumann came to City Hall and asked the City's stand on free- standing solar panels and where could he place them. He said he is considering constructing a trellis, 10-12 feet of the ground and placing the solar panels on the trellis. He showed me a plan of his property and the potential location. The location would be in the rear setback. I told him that I would need to research the issue, and specifically whether the City could regulate the trellis and its location on which the panels are proposed to be places. A normal trellis (without the panels) would not be permitted in the setback without PC approval of a Variance and a 960 sq.ft. structure would also have to be approved by the PC under Site Plan Review, as the City staff has no authority to approve such a large structure over -the counter. On 3/17/09 both Mr. Baumann and his contractor Ted Bavin of All Valley Solar called asking for a decision and stating that the City has no authority to regulate anything and that I am interfering in the construction of the system....etc.... t • • I insisted that I would like City Attorney's opinion on this issue, as this is such a new type of construction for the City and I need to understand it better. I also asked for pictures of how it would look like. They both felt that I have no right to ask any questions, as the law prohibits cities to require or impose any regulations, and need to approve the solar panels. However, Mr. Baumann did not have a final plan of where he wanted to place them. They both called again the first thing in the morning on 3/18/09. Meanwhile, staff worked with Elizabeth Calciano (assistant City attorney) from Jenkins & Hogin. She prepared a detailed opinion on what the City can and cannot require. I also spoke to the Fire Dept. and the Building Dept. to see if there were any setback issues, structural requirements etc... The final opinion is that" the City has no authority to regulate construction of solar panels, photovoltaic arrays, whether free standing or on structures. Zoning and setback regulations do not apply to these structures. Building permits and electrical permits are required and structural plans/calculations necessary for the panels and structures on which they would be located. Fire Dept. RECOMMENDS a 10 foot vegetation clearance around the panels for fire protection.. On 3/18 at 1:30 PM. I called Mr. Baumann and informed him of the above findings. I asked that once he decides where he is planning to place them, that I would be able to visit his property, for education only. I also asked for pictures. He needs to go back to RHCA with his final proposal, prepare plans and structural calculations, have it approved by RHCA and the City and then go to County to obtain building permits.