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HomeMy WebLinkAbout2018-04-09 Board of Appeals & Advisors Agenda Item 4BOARD OF APPEALS AND ADVISORS Meeting Date: 04/09/2018 Subject: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE TO INCREASE OUTDOOR LIGHTING EFFCIENCY FOR SPECIFIC COMMERCIAL OUTDOOR LIGHTING APPLICATIONS. Submitted By: Lou El-Khazen, Building Official, and Cory Downs, Conservation Specialist II On September 26, 2017, the City Council adopted the 2017 Climate Action Plan (CAP), continuing Chula Vista's tradition as a nationally -recognized leader in addressing the local threat of climate change by reducing greenhouse gas (GHG) emissions and lowering Chula Vista's vulnerability to expected climate change impacts. The 2017 CAP called for requiring energy efficiency upgrades. The following proposed energy efficiency standards for specific commercial outdoor lighting applications is a significant step in Chula Vista's greenhouse gas (GHG) reduction strategy as outlined in the 2017 CAP. RECOMMENDATION: Recommend to City Council the adoption of the ordinance. DISCUSSION: Background: The 2017 Climate Action Plan (CAP) and related implementation actions were established through an extensive outreach effort to Chula Vista residents and communities. In 2014, Staff reconvened the previously formed Climate Change Working Group (CCWG). The CCWG was chaired by Sustainability Commission members and consisted of 13 other members representing various community sectors. The CCWG held a total of 11 meetings, including 10 publicly - noticed meetings and one public forum to solicit input and engage the public on the development of the greenhouse gas reduction strategies through a consensus -building process. In November 2014, City Council adopted the 12 GHG reduction strategies that the CCWG presented, which included requiring energy savings retrofits. These CCWG recommendations were subsequently incorporated into the 2017 (CAP) adopted by the City Council in September 2017. The 2017 CAP included an implementation schedule that identified requiring energy savings retrofits as an action that would start in the fourth quarter of 2017. The proposed ordinance will leverage the City's significant past efforts to increase energy efficiency in commercial buildings such as implementing the Free Resource & Energy Business Evaluation (FREBE) program, working with Property Assessed Clean Energy (PACE) financing companies and the CLEAN Business program. This proposed ordinance will be in place until it is superseded by the regular 2019 Building Board of Appeals and Advisors Meeting Date 04/09/2018 Energy Efficiency Standards (slated to be implemented starting January 1, 2020) that are expected to require similar, if not more stringent, power allowances for all outdoor lighting categories. Task / Milestone Date Present to City Council (first reading) April 17, 2018 City Council (second reading) April 24, 2018 Submit California Energy Commission April 18, 2018 (CEC) Application Receive CEC Response (expected) July 12, 2018 File with California Building Standards July 13, 2018 Commission (expected) LZ3 Effective Date (30 days following CEC August 12, 2018 approval) High Ordinance ends with 2019 Building code January 1, 2020 (expected) entertainment or commercial districts or areas This action is being taken in an effort to leverage the significant growth in LED efficiency and continued drop in LED technology costs that has been seen in the market. This proposed ordinance will also help better prepare Chula Vista businesses, builders and contractors for the anticipated California State 2019 Building Energy Efficiency Standards. Outdoor Lighting Zones: California State lighting standards base the allowable outdoor lighting power, in part, on the brightness of the surrounding conditions. Existing standards contain lighting power allowances based on which Lighting Zone (LZ) the particular project is located in (see table below for description of all lighting zones). Zone Ambient State-wide Default Location Illumination LZ1 Dark Government designated parks, recreation areas and wildlife preserves. LZ2 Low Rural areas LZ3 Medium Urban areas LZ4 High High intensity nighttime use, such as entertainment or commercial districts or areas with special security considerations requiring very high light levels. According to the State, different outdoor lighting zones are created because the eyes adapt to darker surrounding conditions, resulting in less necessary light needed to properly see; when the surrounding conditions get brighter, more light is needed to see. The City of Chula Vista consists of three outdoor Lighting Zones per the attached Outdoor Lighting Zones Map. These include: Page 12 Board of Appeals and Advisors Meeting Date 04/09/2018 • Lighting Zone 3, urban areas that are State default areas as adopted by the California Energy Commission (CEC) and defined by the 2000 Census, • Lighting Zone 2, rural areas that are State default areas as adopted by the CEC and defined by the 2000 Census, and • Lighting Zone 3, Urban areas as Amended by City of Chula Vista Ordinance # 3023. The City's most recent Lighting Zone Map adopted in 2005 lists a majority of the City as LZ3, but due to significant development since it was adopted, City staff will be working to update the map and bring back to City Council in the third quarter of 2018 for their consideration. Proposed Implementation Approach: In development of the proposed standards, the City utilized documents and analyses prepared for future state energy codes and a model outdoor lighting efficiency ordinance that was created by the four California Investor Owned Utilities (IOU) with feedback from local governments and other stakeholders. Under this ordinance, non-residential new construction, additions or certain alterations would need to meet lower power allowances for ten specific outdoor lighting uses (see table below). The new power allowances are calibrated to provide the same light output levels with less energy, by utilizing Light Emitting Diode (LED) lighting products instead of Pulse Start Metal Halide (PSMH) lighting which is an older and less efficient technology. A Codes and Standards Enhancement (CASE) study performed in 2017 by California utilities found that LED products achieving these output and efficiency levels were commercially available already and are cost effective alternatives to the older PSMH technology. The table below compares the existing power allowance alongside the proposed lower power allowance. Each lighting application has a unique power allowance that is applied based on its installation characteristics, such as being applied per application, per unit length, or per specific area, see table below for how each power allowance is applied. The proposed ordinance amends power allowances for ten specific outdoor lighting applications. In total, the California Energy Code sets power allowances for 17 specific outdoor non-residential lighting applications. It is expected that all 17 power allowances for outdoor non-residential lighting applications will be reduced as part of the regular 2019 Building Energy Efficiency Standards, slated to be implemented starting January 1, 2020. Therefore, this ordinance will help building owners save energy by putting some of the expected 2019 requirements in place early. Page 13 Lighting Lighting Lighting Lighting Zone 1 Zone 2 Zone 3 Zone 4 Existing Proposed Existin Propos Existin Propose Existin Propose Lighting Value Value g Value ed g Value d g Value d Application (watts) (watts) (watts) Value Value (watts) (watts) ) Value (watts) ( (watts) (watts) WATTAGE ALLOWANCE PER APPLICATION. Building Entrances or Exits. 15 9 25 15 35T 19 45 21 Page 13 Board of Appeals and Advisors Meeting Date 04/09/2018 Allowance per door. Primary Entrances to Senior Care Facilities, Police Stations, Hospitals, Fire Stations, and Emergency Vehicle Facilities. Allowance 45 20 80 40 120 57 130 60 per primary entrance(s) only. This allowance shall be in - addition to the building entrance or exit allowance above Drive -Up Windows. Allowance per customer service 40 16 75 30 125 50 200 75 location. WATTAGE ALLOWANCE PER UNIT LENGTH (w/linear ft). Outdoor Sales Frontage. Allowance for frontage immediately adjacent No No to the principal Allowance Allowance 22.5 11 36 19 45 25 viewing location(s) and unobstructed for its viewing length. WATTAGE ALLOWANCE PER SPECIFIC AREA (W/ft). Building Facades. Only areas of building fagade that are No No illuminated shall Allowance Allowance 0.18 0.100 0.35 0.170 0.50 0.225 qualify for this allowance. Outdoor Sales Lots. Allowance for uncovered sales lots used exclusively for 0.164 0.06 0.555 0.21 0.758 0.28 1.285 0.485 the display of vehicles or other merchandise for sale. Vehicle Service Station Hardscape. Allowance for the total illuminated hardscape area less area of 0.014 0.006 0.155 0.068 0.308 0.138 0.485 0.200 buildings, under canopies, off property, or obstructed by signs or structures. Vehicle Service Station Canopies. Allowance for the total 0.514 0.220 1.005 0.430 1.300 0.580 2.200 1.010 area within the drip line of the canopy. Page 14 Board of Appeals and Advisors Meeting Date 04/09/2018 Non -Sales Canopies Additional Lifecycle Energy Benefit to Installation Bill Savings Cost Ratio and Tunnels. Building Entrances Lower $173 per installed Infinite Allowance for the total 0.057 Lower $672 per installed Infinite fixture area within the drip 0.084 Lower 0.205 0.137 0.408 0.27 0.585 0.37 line of the canopy or $11.17 per $82 per ft. 7.35 ft. Building Facades inside the tunnel. $132 per sq. ft. 51.4 ft. Outdoor Dining. Allowance for the total illuminated hardscape 0.014 0.004 0.135 0.030 0.240 0.050 0.400 0.075 of outdoor dining. * Lighting Zone 0 is not applicable in Chula Vista Cost Effectiveness: A proposed requirement is considered cost effective when it will save the user money over the lifecycle of the measure in comparison with the existing requirement. Based on findings in a study conducted for the California Public Utilities Commission (CPUC), "Outdoor Lighting Power Allowances — Final Report", staff have determined this ordinance to be cost-effective. This study was conducted in 2017 with the goal of studying LED technology in the market in an effort to inform the states 2019 Building Energy Efficiency Standards update. The study shows that installing lighting systems compliant with the proposed allowances will save businesses money under typical operating conditions. In other words, the energy bill savings will more than compensate for any increase in initial installation cost. As shown in the table below, for seven out of ten of the affected outdoor lighting categories, the new lighting technologies needed to meet the proposed lighting power allowance standards were actually found to cost less to purchase and install. Therefore, the proposed requirements for these seven categories have an infinite benefit -to -cost ratio. The remaining three categories have an average benefit to cost ratio of 22.2, which means that over their expected lifetime, they are expected to save the users much more in utility costs than the incremental cost to implement the upgrades. Outdoor Lighting Category Additional Lifecycle Energy Benefit to Installation Bill Savings Cost Ratio Cost Building Entrances Lower $173 per installed Infinite fixture Primary Entrances Lower $672 per installed Infinite fixture Drive Up Windows Lower $550 per installed Infinite fixture Outdoor Sales Frontage $11.17 per $82 per ft. 7.35 ft. Building Facades $0.02 per sq. $132 per sq. ft. 51.4 ft. Page 15 Board of Appeals and Advisors Meeting Date 04/09/2018 Outdoor Sales Lots Lower $4.60 per sq. ft. Infinite Vehicle Service Station Hardscape $0.21 per sq. ft. $1.63 per sq. ft. 7.9 Vehicle Service Station Canopies Lower $7.13 per sq. ft. Infinite Non -sales Canopies Lower $0.68 per sq. ft. Infinite Outdoor Dining Lower $0.87 per sq. ft. Infinite Reductions in Energy Use and GHG Emissions & Other Cities Taking Similar Action: Higher efficiency lighting required by this ordinance will consume between 32% and 81% less energy depending on the specific lighting application and lighting zone. Citywide, the ordinance is estimated to save more than 3,300 MTCo2e emissions from covered buildings over the useful life of the products. The City of Fremont, California implemented a similar outdoor lighting efficiency requirement in April of 2017. Required Next Steps: In order for the City to adopt and enforce increased building energy standards, the City must submit an application to the California Energy Commission and obtain approval before the increased standards can take effect. The application submittal must include: 1) The proposed standards as adopted by Council; and 2) The City's determination that the proposed standards will save energy and are cost- effective; and 3) A study with supporting analysis for the City's energy savings and cost effectiveness findings; and 4) A statement that the proposed standards will require buildings to be designed to consume no more energy than permitted by the State Building Energy Efficiency Standards. The ordinance includes the necessary energy savings and cost effectiveness findings. By reviewing the cost effectiveness study and adopting this proposed ordinance, Council will be making the cost effectiveness and energy savings determinations mentioned above. After City Council votes on the proposed Ordinance after first reading, staff will submit the application to the CEC for their review and approval. The CEC review and approval process can take up to three months. After CEC approval, staff will file the ordinance with the California Building Standards Commission and the ordinance will go into effect 30 days after the CEC approval. Page 16 Board of Appeals and Advisors Meeting Date 04/09/2018 Attachments: Outdoor Lighting Zones Map Page 17 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE C14ULA VISTA MUNICIPAL CODE TO INCREASE OUTDOOR LIGHTING EFFCIENCY FOR SPECIFIC COMMERCIAL OUTDOOR LIGHTING APPLICATIONS WHEREAS, through its 2017 Climate Action Plan, the City committed to reducing greenhouse gas emissions to below six metric tons CO2e per capita by 20 and two metric tons CO2e per capita by 2050; and WHEREAS, as presented in a citywide 2012 greenhouse gas inventory_ Chula Vista's greenhouse gas emissions increased since 1990 due largely to new residential growth; and WHEREAS, as a result, City Council directed staf(onvene Climate ChanWorking Group (CCWG) to develop recommen e community's greenhouse gas emissions; and Ar WHEREAS, the CCWG recommended twelve climate protection measures, including facilitating more energy efficiency upgrades, which were included in the 2017 Climate Action Plan; and WHEREAS, on September 26, 2017, CitycouneiI"adopted the 2017 Climate Action Plan and directed staff to implement the measures based on funding levels; and WHEREAS, in alignment with the 2017 Climate Action Plan, staff recommends adopting local building energy standards for non-residential outdoor lighting that generally reduce the maximum outdoor lighting power allowances by 32-81%, based on the use; and WHEREAS, staff is presenting to Council an Ordinance amending Chapter 15. 26 of the Mu " al Code and adding Section 15.26.030 that reduce the maximum outdoor lighting p allowances by 32-81 %for certain specific applications; and rvery , the State of California adopts a new California Building Standards Code thr rs that goes into effect throughout the state 180 days after publication. The Californiai7dards Code ("CBSC") is contained in Title 24 of the California Code of Regu , and consists of several parts that are based upon model codes with amendments ma e by various state agencies. The 2016 CBSC became effective as of January 1, 2017; and WHEREAS, local jurisdictions are required to enforce the California Energy Efficiency Standards (Title 24, Part 6), and have authority to enact more stringent standards; and WHEREAS, the amendments set forth in this ordinance would be enacted as amendments to Title 24, Part 6; and Ordinance Page 2 WHEREAS, pursuant to the California Administrative Code, Title 24, Part I, Section 10- 106, Locally Adopted Energy Standards, and the CEC' s submittal and approval process, the City finds that the requirements below will save energy and are cost-effective within the City of Chula Vista; and WHEREAS, Pursuant to Sections 17958 and 18941 of the Health and Safety Code, before making any modifications to the California Building Standards Code, the City must make an express finding that such modifications are reasonably necessary because of local climatic, geologic or topographical conditions. Modifications to the California Building Standards and Building Energy Efficiency Standards, as detailed in this Ordinance, are reasonably necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Reduction of total and peak energy use, as a result of incremental energy conservation measures-' required by this Ordinance, will have local and regional benefits in the cost-effective reduction of energy costs for the building owner, additional available system energy capacity, and a reduction in greenhouse gas emissions. WHEREAS, the City affirms that thes below will require buildings to be designed to consume no more energy Vto,- itle 24 Part 6; and WHEREAS, this Ordinance is intendese and en nce the environment of the City of Chula Vista and is not subject to the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines, because there is no possibility that the ordinance may have a significant negative impact on the environment. The proposed ordinance is exempt from the requirements of CEQA pursuant to Section 15308 of the CEQA Guidelines. which ex pts actions taken by regulatory agencies for the enhancement and protection of the environment; and VHRREAS, staff shall work with the City Council, consultant and appropriate agencies ince to implement future local amendments so that thy are in place no later than the of date of the State's new standards whenever possible; and WA HE AS, City Council should anticipate that staff would request that the City Council authorize thelmopure to cover consultant fees required to conduct the required studies and any additi W udy options generated by City Council direction. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 15.26 of the Chula Vista Municipal Code is hereby amended by addition of the sections 15.26.030, as follows: Ordinance Page 3 15.26.030 Reduced Power Allowances for Specific Outdoor Lighting Applications A. Purpose and Intent It is the purpose and intent of this section to provide standards for builders and developers of newly constructed and existing commercial buildings to exceed the minimum requirements of the 2016 California Building Energy Efficiency Standards for Residential and Non -Residential Buildings (California Code of Regulations, Title 24, Part 6) ("2016 Energy Efficiency Standards") by requiring the installation of more energy- efficient outdoor lighting for specific applications, in an effort to redu eenhouse gas emissions from energy usage. B. Requirements Table 140.7-B of the 2016 Building Energy Efficiency St ads isNamebymodifyingthe following rows below the header to rea ollows. f Table 140.7-13 is unchanged. Table 140.7-B: Additional Lighting Power <Alloii,ances for Specific Applications Lighting Application Lighting Lighting Lighting Lighting Lighting Zone. i) Zone 1 Zone 2 Zone 3 Zone 4 WATTAGE ALLOWANCE PER APPLICATION. Use all that apply as appropriate. Building Entrances or Exits. Allowance per Not '. � 9 watts 25 15 3-1-19 45 21 watts door. Luminaires qualifying for this allowance applicable watts watts shall be within 20 feet of the door. ,i Primary Entrances to Senior Care Facilities, 45 20 watts 9940 42-G 57 43960 Police Stations, Hospitals. Fire Stations, and watts watts watts Emergency Vehicle Facilities. Allowance per - primary entrance(s) only. Primary entrances shall Not provide access for ttie general public and shall applicable not be used ;cGusiyely for staff or service personn a lowshall be in 'addition to the bu' ntrance or exit allowance abov4:-. Lu qualifying for this allowance shall, be wi 0 feet of the primary entr4ce. A Drive Up Windows. Allowance:'pedcustomer Not 40 16 watts 7-530 42-550 3G9 75 service location. Luminaires qualifying for this applicable watts watts watts allowance shall be within 2 mounting heights of the sill of the window. Vehicle Service StatUncovered Fuel Not 120 175 185 330 Dispenser. Allowance per fueling dispenser. applicable watts watts watts watts Luminaires qualifying for this allowance shall be within 2 mounting heights of the dispenser. ATM Machine Lighting. Allowance per ATM Not 250 watts for first ATM machine, 70 watts for each machine. Luminaires qualifying for this allowance applicable additional ATM machine. shall be within 50 feet of the dispenser. WATTAGE ALLOWANCE PER UNIT LENGTH (w/linear ft). May be used for one or two frontage side(s) per site. Ordinance Page 4 Outdoor Sales Frontage. Allowance for frontage No 22--.-511 3619 4525 immediately adjacent to the principal viewing Allowance W/linear ft W/linear ft W/linear ft locations) and unobstructed for its viewing length. A corner sales lot may include two Not adjacent sides provided that a different principal applicable viewing location exists for each side. Luminaires qualifying for this allowance shall be located between the principal viewing location and the frontage outdoor sales area. WATTAGE ALLOWANCE PER HARDSCAPE AREA (W/ft'). May be used for any illuminated hardscapearea on the site. Hardscape Ornamental Lighting. Allowance for No 0.02 0.04 0.06 the total site illuminated hardscape area. Allowance W/ft2 VV/ft2 W/ft2 Luminaires qualifying for this allowance shall be rated for 100 watts or less as determined in Not accordance with Section 130.0(d), and shall be applicable post -top luminaires, lanterns, pendant luminaires, or chandeliers. WATTAGE ALLOWANCE PER SPECIFIC AREA (W/ft'). Use as appropriate provided that none of the following specific applications shall be used for the same area. Building Facades. Only areas of building fagade No 9= 0.100 9-..a5 0.170 9-590.225 that are illuminated shall qualify for this Allowance vvft W/ft= VV/ft= allowance. Luminaires qualifying for this allowance shall be aimed at the fagade and shall Not be capable of illuminating it without obstruction or applicable interference by permanent building features or other objects. Outdoor Sales Lots. Allowance for uncovered 9-164 0. U-6 8-555 0.21 9 758 0.28 4 :285 0.485 sales lots used exclusively for the display of W/ft2 W/ft2 W/ft2 W/ft2 vehicles or other merchandise for sale. Driveways, parking lots or other 66n,sales areaSi No shall be considered hardscape areas even if applicab'e these areas are completelysurounded by sales lot on all sides. Luminaires qualifying for this allowance shall be within 5 mounting heigl; s _.•` the sales lot area. Vehicle Service Station Hardscape. Allowance 9944 0.006 0.155 8 3()8 9 485 0.200 for the total illuminated hardscape area less area W/ft2 0.068 0.138 W/ft2 of buildings, under canopies. off property, or W/ft, W/ft2 obstructed by signs or structures.` Luminaires Not qualifying for this allowance shall be illuminating applicable the hardscape area and shall nqt be within a building, below a canopy, beyond property lines, or obstructed by a sign or other'stnlcture. Vehicle Service Station Canopies. Allowance 9.544 0.220 a-995 1 3()8 2 200 1.010 for the total area within the -drip line of the canopy. Not W/ft2 0.430 0.580 W/ft2 Luminaires qualifying for -this allowance shall be applicable W/ft2 W/ft2 located under the canopy. Sales Canopies. Allowance for the total area No 0.655 0.908 1.135 within the drip line of the canopy. Luminaires Not Allowance W/ft2 W/ft2 W/ft2 qualifying for this allowance shall be located applicable under the canopy. Non -sales Canopies and Tunnels. Allowance Not 0984 0.057 8 295 0 409 0.27 05950.37 for the total area within the drip line of the canopy applicable W/ft2 0.137 W/ft2 W/ft2 or inside the tunnel. Luminaires qualifying for this W/ft2 allowance shall be located under the canopy or Ordinance Page 5 tunnel. Guard Stations. Allowance up to 1,000 square Not 0.154 0.355 0.708 0.985 feet per vehicle lane. Guard stations provide applicable \/\I/ft' W/fi'- W/ftZ W/ft2 access to secure areas controlled by security personnel who stop and may inspect vehicles and vehicle occupants, including identification, documentation, vehicle license plates, and vehicle contents. Qualifying luminaires shall be within 2 mounting heights of a vehicle lane or the guardhouse. Student Pick-up/Drop-off zone. Allowance for Not No 0.12 0.45 No the area of the student pick-up/drop-off zone, with applicable Allowance -//ft Allowance or without canopy, for preschool through 12th grade school campuses. A student pick-up/drop off zone is a curbside, controlled traffic area on a school campus where students are picked -up and dropped off from vehicles. The allowed area shall be the smaller of the actual width or 25 feet, times the smaller of the actual length or 250 feet. Qualifying luminaires shall be within 2 mounting heights of the student pick-up/drop-off zone. Outdoor Dining. Allowance for the total Not 0.014 0.00< 9 135 0.249 8 408 0.075 illuminated hardscape of outdoor dining. Outdoor applicable W/ft2 0.030 0.050 W/ft2 dining areas are hardscape areas used to serve W/ft2 W/ft2 and consume food and beverages. Qualifying luminaires shall be within 2 mounting heights of the hardscape area of outdoor dining. Special Security Lighting for Retail Parking �'Nct 0.007 0.009 0.019 No and Pedestrian Hardscape. This additional applicable VN//ft' W/ftZ W/ftp Allowance allowance is for illuminated retail parking an pedestrian hardscape identified as having s `' I security needs. This allowanceshall be in addition to the building entrance or exit allowance. C. Exemptions The Building Official may exempt a covered building from the provisions of this section if the,Ofeial determines there are sufficient practical challenges to make satisfaction of the_ requirements infeasible. The applicant is responsible for demonstrating requirement infeasibility when applying for an exemption. Applications for exemptions shall be made, in writing, to the Build iii —Official. The Building Official's determination shall be final. Section II. Se��erability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held 'to 'be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Ordinance Page 6 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance shall take effect on the 30th day following approval by the California Energy Commission. Section V. Publication The City Clerk shall certify to the passage and adoption of this the same to be published or posted according to law. A Presented by Eric Crockett Director of Economic Development 0 O as to Glen R.Googins City Attorney and shall cause