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shading effects of trees or shrubs provided certain conditions are met: the solar collector must be set back at least 5 feet from a property line and located at least 10- feet above grade, except that a solar collector may be less than 10 feet in height if the solar collector is set back 5 feet from the property line plus an additional three times the amount lowered below 10 feet. Here, one of Mr. Walterson's panels (the panel to the west) appears to be within ive feet of the property line so it would not be protected by State Law; the other panel (to the east) may be protected. Staff notes that any violation of the Solar Shade Control Act would be a civil matter between property owners that the City would not be responsib e for enforcing. Staff requested the applicant provide a shadow study which would show the shading of the proposed homes located immediately to west of Mr. Walterson's photovoltaic panels. The applicant's architect had provided a shadow study for the December 7, 2010 City Council hearing. At the Council meeting, Mr. Walterson voiced concerns regarding shading impacts and indicated to the Council that he was going to have an independent shadow study lone. Mr. Walterson's shadow study was presented to the Planning Commission at its February 9, 2011 , work session. Two shade and shadow studies are provided: Exhibit R is the applicant's study and Exhibit S is Mr. Walterson's study. Both studies cover the proposed homes of the 14- unit development plan. • The applicant's study includes the front yard trees of the proposed homes and the shading effects at 2:00 p.m. on December 21St, the day of the year when the sun reaches its lowest level, thereby casting the longest shadows. The applicant's study shows that there would be no shading impacts from the proposed front yard trees, but that there would be some, but minimal, shading of the photovoltaic panels from the proposed buildings on Lot 12 and Lot 13 of the 14-unit development plan (the shading on the neighbor's roof is shown as the hatched area and that the western photovoltaic panel array does not extend to the edges of the roof). The neighbor's shade and shadow study covered the 14- unit development plan and covered the shadow effect on December 21st at 2:00 p.m. and 4:00 p.m. and on March 21st and September 21st at 2:00 p.m. and 4:00 p.m. • Replacing the previous Lot 12 house with the common open space area will reduce the shading of the photovoltaic panels, particularly at 4:00 p.m. • Notwithstanding the fact the shade study and the fact that one of the panels appears to have been constructed within five feet of the property line, staff has conditioned the selection of trees and shrub species on the common area of the 13-unit development plan so as to not block Mr. Walterson's photovoltaic panels and has conditioned a disclosure for the trees and shrubs in the rear and side yards of Lot 12 regarding Mr. Walterson's photovoltaic panels. Traffic and Circulation The Pleasanton General Flan exempts the Downtown Specific Plan area from site- specific traffic studies which have the potential to exceed Level of Service (LOS) D — Item 6.a., PUD-82 Page 15 of 22 July 13, 2011