February 11, 2004     Los Gatos, California Since 1881
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Town's solar guidelines are considered cloudy by some
By Nisha Ramachandran
Developers seeking to build in Los Gatos have no lack of regulations to assist them. There is a General Plan, which spells out the town's vision. There are the hillside-development standards, to keep the backdrop of the Santa Cruz Mountains as natural as possible.

But when it comes to solar energy, the town offers few rules—something the Los Gatos Town Council might consider changing.

As the council considered an appeal for a solar-energy system last week, some members questioned how the town should respond to these requests. Although the council maintained it welcomed the use of solar power in the town, some thought that the town had to be clearer on what it would allow.

"I think we don't have an adequate policy that addresses solar on our hillsides," said Mayor Steve Glickman. "What we don't have in place is a well-thought-out, well-researched set of guidelines for this issue. I'm a bit disappointed that we have to make a here-and-there decision without looking at the broader issue."

But some council members toyed with the idea of asking applicants to first lower electric use through other energy-saving measures, such as low-energy-use washing machines, before turning to solar-energy systems.

"It's the reduction of the demand that best benefits us, not to find alternative ways to supply for a very large demand after the fact," said Councilman Joe Pirzynski.

Glickman disagreed, arguing that being solar friendly is different from being energy efficient.

"There are lots of ways of reducing energy consumption, but if we are going to take that position on every solar application, it's hard for me to say we're solar friendly," he later said.

Solar-energy use is not a new issue for the council. During the past few months, the town has come under fire for being "solar unfriendly." The distinction primarily stems from a well-publicized lawsuit against the town for refusing to approve a solar-energy system on the roof of the building occupied by Akeena Solar, a local company.

But is the town really solar unfriendly?

Jim Deischetter thinks so. Just last week, the council heard his appeal to keep a solar-energy project on a more visible but more efficient location on his property.

Deischetter argued that the proposed move would result in a 30 percent decrease in generated electricity. Although the council said it would allow Deischetter to build a bigger system to compensate for the energy loss, it would cost $30,000 to $40,000 to add the extra panels.

"This town may say that they are solar friendly, but they are only friendly if you can hide it," he said.

The council split 3-2 to keep the solar panels in the less-efficient area, allowing for a bigger grid if necessary. Pirzynski and Councilwoman Sandy Decker dissented.

"They killed it," Deischetter said. "The [less-efficient] location they allowed it in ... [they knew] full well that it cost 30 percent more. They killed it."

But not all applicants in Los Gatos have trouble making their homes solar friendly. Mimi Carlson, who put up her system at the same time Akeena Solar struggled with its application, said she expected a fight from the town. Her contractor suggested that she talk with her neighbors to get their permission for the system, but before she had the chance to do that, the town approved her permit.

Despite the label of being solar unfriendly, only two cases regarding solar energy have appeared before the planning commission before being sent to the town council in the last three years, said former Planning Commission Chairman Paul Dubois.

These two cases, however, illustrate the challenges of creating a policy to address different uses of solar energy. The most obvious difference is location. Akeena Solar is located in an industrial area near town, surrounded by auto shops, with little obvious beauty.

Deischetter, however, lives in the hillsides, an area residents and the council fiercely protect from development. He proposed a 2,500-square-foot solar grid, in a location on the ground that would be highly visible.

Both Deischetter and Barry Cinnamon, Akeena Solar president, said they wished the town had been more clear on its requirements upfront and believe that clearer guidelines would help interest solar users.

"If in June the town said it would have taken six months and $10,000 to get the permit, I would have said 'Forget it' right there," said Deischetter.

But some council members felt that the guidelines the town has are adequate for residents.

"Appendixes A and B of the hillside standards and guidelines we just approved clearly reference those expectations we have for green building," said Pirzynski. "I don't think we need any new language, it's right there."

The next town council meeting will take place Feb. 15 at 7 p.m. in council chambers, 110 E. Main St.

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