After a long battle spanning over four years between Canyon View Estates, their residents and the City of Santa Clarita, a possible conclusion may have been found.
On June 17, 2021, a Los Angeles County Superior Court judge ruled in favor of the residents and the City of Santa Clarita regarding solar panels that were installed June of 2017.
The city does have the right to remove the solar panels, but the court ruled that if they wish to do so, the city must pay for the removal, expected to total around $5 million.
These solar panels were installed by the owner of the Canyon View Estates property to reduce cost and “go green.”
The solar panels, covering over 2.5 acres on a hill behind the property, caused difficulty when reselling and destroyed pleasant views according to a number of residents who originally brought the issue to attention.
Originally, the city did not have the jurisdiction to enforce the removal as the property is zoned as a mobile home park and thus is under the jurisdiction of the Department of Housing and Community Development (HCD), a state agency headquartered in Sacramento.
The permits for the installation of these solar panels were obtained from the HCD as there was no legal or safety issue surrounding their installation.
In 2018 the city determined that the solar panels allegedly extended beyond the property of the mobile home park and asked the owners to to remove them. Also violating the conditions of their original permit, the solar panels infringed on the law that at least 50 percent of the property must be maintained as open space.
September of 2018, the owners were instructed to remove the solar panels, but were not given a clear timeline or specific repercussions if the request was not followed.
“While the City supports efforts to move to renewable energy, the City takes seriously its responsibility to enforce conditions of approval designed to protect the quality of life in Santa Clarita, balancing the need for development with the preservation of open space,” officials said in the statement during that time.
On Sept. 12, 2018 the City of Santa Clarita filed an official complaint with the Los Angeles Superior Court regarding the solar panels installed at Canyon View Estate in 2017. The complaint asked the court for “preliminary and permanent injunction and declaratory relief to abate a public nuisance” in regard to the solar panels, according to City officials.
Other complaints included in the suit allege the property owners did not submit the required geotechnical report, did not complete the required hillside development plan and are operating a power generation business within the park, which the property is not zoned for.
After the city was granted permission to inspect the property by a Chatsworth judge on Jan. 21, 2020 and their findings were scheduled to continue in a nonjury trial scheduled for Monday, June 8.
On June 17 the court ruled that the City of Santa Clarita obtains the right to have the solar panels removed, but the court stated that it would be at the cost of the city, which would be an estimated $5 million.
“There is definitely vindication in regards to local control and what can be done in our Open Spaces without the input of the City and the Council. Additional Green energy sources are important, but where and how they are placed to ensure those who live near them are not negatively impacted is important as well. The council will convene in closed session tomorrow to discuss what potential actions we can take going forward to continue to advocate for our community and our residents,” stated councilmember Jason Gibbs
The results of the ruling and the city’s plan moving forward are expected to be discussed Tuesday, June 22 in light of the information for how much the removal of the panels will cost, and possible options as discussions progress.
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