HomeMy WebLinkAboutOrd 2020-3495ORDINANCE NO. 3495
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH ENERGY UPGRADE REQUIREMENTS FOR
ADDITIONS AND REMODELS TO SINGLE FAMILY HOMES
AND CONDOS
WHEREAS, through its 2017 Climate Action Plan, the City committed to reducing
greenhouse gas emissions to below six metric tons CO2e per capita by 2030 and two metric tons
CO2e per capita by 2050; and
WHEREAS, as presented in a citywide 2016 greenhouse gas inventory, Chula Vista’s
greenhouse gas emissions are 12% below the 2005 but emissions from building energy increased
by 3% since 2014; and
WHEREAS, as a result, the City Council directed staff to convene a Climate Change
Working Group (CCWG) to develop recommendations to reduce the community’s greenhouse gas
emissions; and
WHEREAS, the CCWG recommended twelve climate protection measures, including
requiring energy-savings retrofits in existing buildings at a specific point in time, which were
included in the 2017 Climate Action Plan; and
WHEREAS, on September 26, 2017, City Council adopted the 2017 Climate Action Plan
and directed staff to implement the measures based on funding levels; and
WHEREAS, as a component of the 2017 Climate Action Plan, staff proposed developing
a residential and commercial energy conservation ordinance for City Council consideration; and
WHEREAS, staff is presenting to Council an ordinance amending Chapter 15. 26 of the
Municipal Code and adding Section 15.26.040 requiring single family homes built before 2006
that are undergoing additions to also install certain energy saving measures; and
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,
geological 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
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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 cap acity and
a reduction in greenhouse gas emissions;and
WHEREAS, the City affirms that the requirements below will require buildings to be
designed to consume no more energy than permitted by California Energy Code; and
WHEREAS, this Ordinance is intended to preserve and enhance 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
exempts actions taken by regulatory agencies for the enhancement and protection of the
environment.
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 section
15.26.040 as follows:
15.26.040 Mandatory Energy Efficiency Requirements for Additions to Single Family
Homes and Condos
A. Purpose and Intent. It is the purpose and intent of this section to require installation of specific
energy efficiency measures in less energy efficient homes, when such homes undertake additions
or remodels, in order to reduce GHG emissions resulting from energy consumption.
B. Applicability. This section applies to dwelling units constructed before 2006, that are
undergoing a permitted Addition or Remodel, either in Low-Rise Residential Buildings (as defined
in Title 24 Part 6 Section 100.1) with 1-4 dwelling units, or that are individually owned residential
condominiums and townhouses. EXCEPTION: This section shall not be triggered by creation of
a new Accessory dwelling unit (ADU) or Junior accessory dwelling unit (JADU) alone. This
section does apply to Additions to, or Remodels of, existing ADUs or JADUs.
C. Definitions. For purposes of this section, the following terms shall have the following meanings:
“Addition” See definition in Title 24 Part 6 Section 100.1(b).
“Compliance Report” A Certificate of Compliance generated by approved Energy Code
compliance software, including CBECC-Res and EnergyPro.
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“Condo” An individually owned residential unit within a building containing five or more dwelling
units.
“Home” A residential building containing between one and four dwelling units.
“Remodel” Means any of the following:
1. Any change or rearrangement, other than a repair, of the structural elements of an existing
building including foundations, footing, sub-floors, lintels, beams, columns, girders, slabs,
roof trusses, staircases, load bearing walls, door frames, window frames, or any other part
of the building that resists force or moment.
2. Change or rearrangement of the plan configuration of walls and full-height partitions of an
existing building.
“Steep Slope” A roof slope greater than two units vertical in 12 units horizontal (17-percent slope).
“Total Energy Use” The energy consumption estimated by approved Energy Code compliance
software, including CBECC-Res and EnergyPro, in terms of kTDV per square foot per year
(kTDV/sf2—yr).
D. Requirements. The following requirements shall apply to the entire dwelling unit, not just the
additional or altered portion. Where these requirements conflict with other energy code
requirements, the stricter requirement shall prevail. Homes and Condos shall comply with either
the Prescriptive Approach or the Performance Approach.
(1) Prescriptive Approach
a. The Minimum Number of Energy Upgrade Measures shown below in Table
15.26.040(D)(1)(a) must be completed in accordance with the building type,
construction date and climate zone.
Table 15.26.040(D)(1)(a): Minimum Number of Energy Upgrade Measures
Year Built Building Type Climate Zone 7 Climate Zone 10
Before 1978 Homes and Condos Choose 3 Energy
Upgrade Measures
Choose 4 Energy
Upgrade Measures
1978-1991
Condos Choose 3 Energy
Upgrade Measures
Homes Choose 2 Energy
Upgrade Measures
1992-2005 Homes and Condos Choose 2 Energy
Upgrade Measures
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b. Additions or Remodels involving steep sloped roof replacement, recovering or
recoating of either more than 50% or more than 2,000 square feet of roof area,
or new steep sloped roof sections of any size, are also required to meet the Cool
Roof requirements in Table 15.26.040(D)(1)(b) for the roofing material added
to:
i. Homes constructed pre-1978 in climate zone 7 or pre-2006 in climate
zone 10.
ii. Condos constructed pre-1992 in climate zone 7 or pre-2006 in climate
zone 10.
c. Qualifying Energy Upgrade Measures that count toward satisfying the
minimum indicated in Table 15.26.040(D)(1)(a) shall be chosen from the
Prescriptive Energy Upgrade Measure List shown below in Table
15.26.040(D)(1)(c), and shall be completed in accordance with the
specifications there-in. Materials must meet the parameters included below in
Table 15.26.040(D)(1)(c) as a minimum. More energy efficient materials may
be substituted.
Table 15.26.040(D)(1)(c): Prescriptive Energy Upgrade Measure List (section
references are to California Code of Regulations, Title 24, Part 6, Subchapter 8)
Package Specification
R-38 Attic
Insulation
Add attic insulation in buildings with vented attic spaces
to meet R-38 per requirements of section 150.1(c)1Aii or
iii.
Air Sealing Apply air sealing practices throughout all accessible areas
of the building. All joints, penetrations and other openings
in the building envelope that are potential sources of air
leakage shall be caulked, gasketed, weather stripped, or
otherwise sealed to limit infiltration and exfiltration.
Buildings constructed before 1992 should be sealed to 7
Air Changes per Hour (ACH) and buildings constructed
from 1992-2005 should be sealed to 5 ACH, at 50 Pascals
pressure difference. Homes with one or more vented
combustion appliances must have a BPI Combustion
Appliance Safety Inspection performed after air sealing.
Cool Roof For steep slope roofs, install a roofing product rated by the
Cool Roof Rating Council (CRRC) with an aged solar
reflectance of 0.25 or higher and thermal emittance of 0.75
or higher.
Duct Sealing Air seal all ductwork to meet the requirements of Section
150.2(b)1E as if the heating system were being replaced.
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LED Lighting Replace screw-in halogen, incandescent or CFL light
bulbs with LED light bulbs in accordance with the
requirements of Section 150.0(k)1.A,D,G,H and I.
Water
Heating
Package
1. Water Heater Blanket: Add R-6 insulation to the
exterior of existing residential tank storage water heaters
manufactured before April 2015. Requirement is waived
for water heaters with internal tank insulation of at least
R-16.
2. Hot Water Pipe Insulation - Insulate all accessible hot
water pipes with R-3 pipe insulation per requirements of
section 150.0(j)2.A.
3. Low Flow Fittings - Upgrade sink and shower fittings
to meet current CALGreen requirements, which require
maximum flow rates of 1.8 gallons per minute (gpm) for
showerheads and kitchen faucets, and 1.2 gpm for
bathroom faucets per requirements of section CALGreen
Section 4.303.
Windows Replace existing single pane windows with a dual pane
product, which has a U-factor equal to 0.32 or lower and a
Solar Heat Gain Coefficient (SHGC) equal to 0.25 or
lower. This measure was only evaluated for the pre-1978
vintage, which is assumed to have single-pane, metal-
frame windows.
Water Heater
Replacement
High Efficiency Heat Pump Water Heater: Replace
natural gas storage water heater, or, tankless water heater
having a Energy Factor of .81 or less, with Heat Pump
Water Heater with Uniform Energy Factor (UEF) of at
least 3.1 (Northwest Energy Efficiency Alliance Tier 3).
-or-
High Efficiency Tankless Water Heater: Replace natural
gas storage water heater, or, tankless water heater having
an Energy Factor of .81 or less, with tankless water heater
with a minimum Energy Factor of 0.96.
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Air
Conditioner
Replacement
High Efficiency Air Conditioner: Replace an existing air
conditioner having a SEER rating of 13 or less with an air
conditioner of at least 18 SEER.
-or-
High Efficiency Heat Pump: Replace an existing air
conditioner having a SEER rating of 13 or less with a Heat
Pump of at least 18 SEER.
d. Measure Already Completed. Where measures substantially similar to those
specified in Table 15.26.040(D)(1)(c) are already in place, they shall count
toward satisfaction of the Minimum Number of Energy Upgrade Measures in
Table 15.26.040(D)(1)(a).
e. Project Value Cutoff. If the cost of completing the Minimum Number of
Energy Upgrade Measures in Table 15.26.040(D)(1)(a) is projected to exceed
20% of the projected cost of the Addition or Remodel absent those measures,
permit applicants can propose a more limited set from among Prescriptive
Energy Upgrade Measure List in Table 15.26.040(D)(1)(c) which does not
exceed 20%. The limited set must include as many of the required measures as
possible without exceeding the 20% cutoff.
(2) Performance Approach
a. Complete any energy saving measures concurrent with Addition or Remodel
that are projected to result in equivalent or lower energy usage than the
Assumed Energy Upgrade Measures indicated in Table 15.26.040(D)(2)(a)
below.
Table 15.26.040(D)(2)(a): Assumed Energy Upgrade Measures for
Performance Equivalency
Year Built Building Type Climate Zone 7 Climate Zone 10
Before 1978 Homes and Condos R38 Attic Insulation;
Duct Sealing
Duct Sealing; R38
Attic; Air Sealing
1978-1991
Condos Duct Sealing
Homes N/A
1992-2005 Homes and Condos N/A
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b. Shall be demonstrated by the following method.
i. Install the LED Lighting and Water Heater Blanket measures as
specified in Table 15.26.040(D)(1)(c).
ii. Submit two compliance reports. One compliance report shall be
generated from a model of the proposed energy performance measures,
and, the existing home plus the proposed addition(s) and any other
alterations. A second compliance report shall be generated by modeling
the existing home with the Energy Upgrade Measures shown in Table
15.26.040(D)(2)(a) including proposed addition(s) and other alterations,
but not including the proposed energy saving measures. The Total
Energy Use for the first compliance report must be equal or less than
that of the second compliance report.
E. Exemptions. The requirements of this Section 15.26.040 may be waived, in part or in whole,
if any of the following conditions are met, to the satisfaction of the City Manager or designee:
(1) Technical Infeasibility. Prescribed measure would be technically infeasible or not be
cost-effective due to unique characteristics of home or other special circumstances.
a. Evidence requirement to show lack of cost effectiveness: Letter from certified
energy professional attesting to the lack of cost effectiveness with explanation
of methodology and calculation.
b. Evidence to show technical infeasibility: Letter from licensed building
professional documenting infeasibility for one of the following reasons:
inaccessibility, violation of other codes, low likelihood of success, measure
would affect proper functioning of other building elements, result in safety
risks, cause harm to building occupants.
(2) High Performing Home. Home has earned a Home Energy Score of 8 or above within
the previous 3 years.
(3) Fully Solar Powered. Home is powered by a solar PV system offsetting at least 95%
of the annual electricity demand and gas-equivalent energy consumption.
(4) Exempt Projects. Additions or Remodels that would not otherwise be subject to this
section but for work related to Solar PV, Solar water heating, EV charging, electrical
upgrades for solar PV or EV charging, or energy storage are exempt.
(5) Homeowner’s Association. A measure is beyond the authority of the homeowner as
defined in applicable Homeowner’s Association (HOA) covenants, conditions or
restrictions.
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(6) Medical Necessity. An Addition or Remodel consists solely of medically necessary
improvements.
(7) Low-Income. If an applicant can demonstrate they qualify for low -income assistance
as defined in Section 1-100 of the City’s Master Fee Schedule.
F. Implementation Authority.
(1) The City Manager may adopt rules and regulations for the implementation of this
section including, without limitation, supplementing the list of qualified measures set
forth in table 15.26.040(D)(1)(c) as new energy efficient technologies or materials are
developed.
Section II. Severability
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.
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 and not before January 10, 2021.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same
to be published or posted according to law.
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Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Deputy City Manager/Director of Economic City Attorney
Development
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of December 2020, by the following vote:
AYES: Councilmembers: Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: Diaz
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the fo regoing
Ordinance No. 3495 had its first reading at a regular meeting held on the 17th day of November
2020, and its second reading and adoption at a regular meeting of said City Council held on the
3rd day of December 2020; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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