| Los Gatos Solar Dispute
Akeena Solar has installed a 5976 watt (DC rating) solar power PV system on the flat roof of their office building in Los Gatos, CA. This solar power system was installed in two phases.
The first phase, originally installed in 2002, consists of 18 Sharp 165 watt modules connected to a SunnyBoy 2500 watt inverter. These solar modules are mounted on a ballasted rack facing east/west tilted at 30 degrees.
The second installation phase, completed in February 2005, consists of 18 Sharp 167 watt modules connected to a Sharp Sunvista 3500 watt inverter. These solar modules are installed along the building's east and south parapets, also tilted at 30 degrees. The output of both inverters is connected to a web-based monitoring and data acquisition system.

This system provides all the power required for Akeena Solar's office and warehouse operations. The completed system is shown in the picture above. Note that the nine modules on the east (street) side and nine modules on the south side -- installed as a mansard roof-style screen -- effectively hide much of the HVAC and electrical equipment on the building's roof.
Los Gatos Solar Dispute
The original system of 18 modules was permitted and completed in December 2002. However, final approval of the building permit was denied because three of the modules were partially visible from across the street. One can see these modules in the picture below, peeking out from behind the HVAC equipment on the roof.

To Akeena Solar, the issue was not about getting the building permit approved, it was about the larger issue of visibility of solar modules -- and using these solar modules as integrated parts of the building, such as roof screens and curtain walls.
We therefore appealed the Planning Department's decision using a new application with a design for the solar power modules to be used as an architectural element of our building. The picture to the right shows the modules installed as a mansard roof-type screen around the east and south perimeter of our building. We were denied in this appeal for the same reason: that solar modules must be screened. Please refer to this article and this editorial in the Los Gatos Weekly for more information. Also, please refer to this article in the San Jose Mercury News.
We understand that the Planning Department only interprets current Town of Los Gatos regulations, so we appealed this decision before the Town Council on August 4th, 2003. Unfortunately, we were denied in our appeal at the Los Gatos Town Council meeting on August 4th (see this article in the San Jose Mercury News). Finally, to protect our legal rights to install visible solar panels, we filed a lawsuit against the Town. Please refer to the following links for more information about this lawsuit, press release and amendment. Please refer to this article in the Los Gatos Weekly for more information about our efforts to resolve this issue in court.
From across the street the tops of three solar modules are visible (look carefully above the tow truck).
We proposed to screen the existing HVAC equipment and solar array with a mansard roof section composed of black-framed solar panels.
Debate Between Solar Energy and Aesthetics
The debate between solar energy and aesthetics was the subject of national news coverage, including stories in the Wall Street Journal and San Jose Mercury News. To resolve this issue, Akeena Solar worked with the California Solar Energy Industries Association (CAL SEIA) to update the Solar Rights Act (California Civil Code Section 714) so that it would specifically apply to municipalities.
When California Governor Arnold Schwarzenegger signed this updated Solar Rights Act on September 25th 2004, Akeena Solar withdrew its lawsuit. "As solar power systems have become more popular, municipal restrictions on their installation have been more common," said Les Nelson, Executive Director of CAL SEIA. "Los Gatos' approval of Akeena's visible solar system sets a practical precedent for all California municipalities that want to encourage this clean energy source."
With the new law in place, on January 3, 2005 we applied for a new building permit for an expanded system consisting of the original 18 east/west modules, plus an additional 18 modules along the perimeter of the building. The Town of Los Gatos quickly approved this permit and promptly approved the final installation, which was completed in February 2005.
"Although it took over two years, we are very glad that we were able to come to an amicable resolution of the situation with the Town of Los Gatos," said Barry Cinnamon, president of Akeena Solar. "By encouraging solar systems on both residential and commercial buildings, Los Gatos is indeed 'solar friendly' and sets a notable example for the way in which environmentally friendly building practices can be integrated with charming, home-town aesthetics." |