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e e e 3. Solar Access Guarantee Mr. Tumidaj addressed the issue of trees and vegetation when a house is built to maximize sunlight and trees are planted on neighboring lots which eventually render the solar investment worthless. Trees are difficult to limit by height or profile or density and are an important resource to the community. The Solar Access Guarantee offers a compromise solution to the problem by protecting the property owner from future tree shade of newly planted trees. The owner must apply for and pay for this guarantee after meeting minimum criteria. The affected property owner would be alerted and given an oppor- tunity to respond. Ms. Ehrman asked if this right was transferable and Mr. Tumidaj replied that it was; the owner wishing the guarantee would pay a fee for processing the application, but the guarantee could be retracted later by a different owner. Ms. Ehrman asked if once the permit is granted, the neighbor plants the tree, and then moves, whether notice will be given to the new owner. The answer was yes, because the restriction would be recorded with the property. Another way would be when the tree starts to violate the solar access and a complaint is issued. All trees planted before the application was submitted would be grandfathered under the ordi- nance. The regulated trees are mostly evergreens and some deciduous trees, which drop their leaves irregularly. The provisions also apply to street trees. Ms. Schue ask if there would be a list of trees available to pro- perty owners, and Mr. Tumidaj said that there would be a list of appropriate and inappropriate trees to plant. Ms. Schue also asked if the guarantee of sun was provided only in the winter, not the summer, and the answer was yes, but because the arc of the sun is so high in the summer, it is still pos- sible to receive enough sun for water heaters when the trees are in leaf. Mr. Obie asked how conflicting setbacks were dealt with in the ordinance. Mr. Tumidaj replied that the existing setbacks still apply; the ordinance does not force or allow an owner or developer to violate existing setbacks. Mr. Obie asked if Mr. Tumidaj could give a prediction of solar use 50 years in the future in regards to technology and utilization. Mr. Tumidaj replied that in terms of space heating, solar energy is cost- effective right now. The ordinance would allow energy efficiency to be built into the community. He explained that auxiliary uses such as hot water heating would not justify the ordinance; that space heating is the primary energy savings through solar access. The cost curve for new tech- nologies is declining and most solar energies should be cost-effective by 1990. Solar energy will be an important component in the total energy source in the future. Ms. Bascom shared a personal comment regarding energy savings through solar energy use. In regards to EWEB, Mr. Tumidaj replied to Mr. Miller that the deqree that the community uses alternate energy resources at appropriate levels will affect the total use of EWEB's energy supplies in the future. Mr. Miller expressed concern that a variance for buildings which had difficulty com- plying to the b/o-foot shadow height be available. Mr. Tumidaj said that the solar setback standards protect the fixed area whether the building is there or not and that the ordinance does provide for trade-offs. MINUTES--City Council Work Session April 14, 1986 Page 4