(A) General. As a condition of approval of a tentative map, there may be imposed, in accordance with the provisions of Cal. Gov’t Code § 66475.3, a requirement that a 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 Cal. Civil Code § 801.5.
(B) Standards and procedure.
(1) 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 the tentative map is deemed complete.
(2) At the time of tentative map approval, the Planning Commission shall specify the following:
(a) The standards for determining the exact dimensions and locations of the easements;
(b) Any restrictions on vegetation, buildings and other objects which would obstruct the passage of sunlight through in easement; and
(c) The term or conditions, if any, under which an easement may be revised or terminated.
(C) Exemptions. The provisions of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.
(1966 Code, § 17-56) (Ord. 617, § 2(part))