Last Updated July 19, 2021
Program Overview
Category:
Regulatory Policy
State:
California
Incentive Type:
Solar/Wind Access Policy
Administrator:
N/A
Start Date:
N/A
Expiration Date:
N/A
Web Site:
Applicable Sectors:
N/A
Eligible Renewable/Other Technologies:
N/A
Summary
Current Municipal codes provide some solar access protections to adjacent properties. Mostly in relation to new development proposals.
17.65.080.A.3.B - Maximum Floor Area Ratio
Regards the maximum floor area ratio regulation for the city of Oakland. It specifies the conditions for a conditional use permit for an FAR or up to 3.0 in the HBX-3 and HBX-4 zones. Including that “the additional Floor Area Ratio does not significantly decrease the solar access of existing adjacent single family homes or duplexes to a degree greater than would be created if the facility were built according to the base FAR.”
17.134.050.F.1 – General Use Permit Criteria
The following are included as part of a requirement for development proposals to qualify for the conditional use permit if they are a one- or two-family residential facility. The proposal most not adversely impact immediate residences to the side, rear or directly across with respect to solar access, view blockage… etc.
Note: There is an alternative to this stipulation that can exempt projects from needing to meet this solar access impact requirement.