HomeMy WebLinkAboutOrd 2022-3536ORDINANCE NO. 3536
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE,
ENERGY CODE, ADOPTING THE CALIFORNIA ENERGY
CODE, 2022 EDITION AND LOCAL AMENDMENTS
THERETO
WHEREAS, the California Building Standards Commission requires jurisdictions within the
State to begin enforcing the 2022 Editions of the California building codes on January 1, 2023; and
WHEREAS, local jurisdictions are permitted to adopt local amendments to the State
building codes before they take effect; and
WHEREAS, local amendments cannot be less restrictive than the State building codes and
must be based on findings that the amendments are necessary because of local climatic, geological,
or topographical conditions; and
WHEREAS, the proposed ordinance adopts the 2022 California Energy Code and proposes
the re-adoption of Sections 15.26.020, Outdoor lighting zones, and 15.26.050, Mandatory
benchmarking and conservation requirements for multifamily and commercial buildings, and
proposes the deletion of Section 15.26.040, Mandatory energy efficiency requirements for additions
to single-family homes and condos.
The City Council of the City of Chula Vista does ordain as follows:
Section I. Amended Chapter 15.26
That chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.26
ENERGY CODE
Sections:
15.26.010 California Energy Code, 2022 Edition, adopted by reference.
15.26.020 Outdoor lighting zones.
15.26.030 Repealed.
15.26.050 Mandatory benchmarking and conservation requirements for multifamily and
commercial buildings.
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15.26.010 California Energy Code, 2022 Edition, adopted by reference.
The City of Chula Vista adopts, by reference, that certain document known as the California
Energy Code, 2022 Edition, set forth in Title 24, Part 6, of the California Code of Regulations, as
copyrighted by, and as may be amended from time to time by, the California Building Standards
Commission. The California Energy Code is adopted as the energy code of the City of Chula Vista
for the purpose of regulating building design and construction standards to increase efficiency in
the use of energy for new residential and non-residential buildings. Chapter 15.06 of the Chula
Vista Municipal Code shall serve as the administrative, organizational, and enforcement rules and
regulations for this chapter.
15.26.020 Outdoor lighting zones.
Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24, Part 1, the city has
adopted an outdoor lighting zones map amending state default lighting zones as applied to certain
areas of the City. The location of outdoor lighting zones in the City is per the adopted Outdoor
Lighting Zones Map, dated September 2, 2005, and kept on file with the City’s Development
Services Department.
15.26.050 Mandatory benchmarking and conservation requirements for multifamily and
commercial buildings.
A. Purpose and Intent. It is the purpose and intent of this section to promote
ongoing energy conservation in buildings in order to reduce GHG emissions resulting
from energy consumption.
B. Applicability. This section applies to Properties within the City of Chula Vista with a Gross
Floor Area of at least 20,000 square feet and has either (1) no residential utility accounts or (2)
five or more active utility accounts of one utility type, at least one of which is residential. An
overview of the applicability of select ordinance requirements appears in Table 15.26.050(B)
below.
Table 15.26.050(B). Applicability Overview
Section Nonresidential Properties Multifamily Properties
Benchmarking Requirements
CVMC 15.26.050(D)
Applies Applies
Direct Disclosure and Public
Disclosure Requirements
CVMC 15.26.050(E)
Applies Applies
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Section Nonresidential Properties Multifamily Properties
Conservation Requirements
CVMC 15.26.050(F)(1) through (4), (
7), (8)
Applies Applies
to Properties with Significa
nt Common Load
Minimum Improvement Requirements
CVMC 15.26.050(F)(5)
Applies Applies
to Properties with Significa
nt Common Load
Multifamily Prescriptive Upgrades
CVMC 15.26.050(F)(6)
Not Applicable Applies
to buildings constructed
before 2006 for
rental tenant spaces where
utility costs are borne
by tenant
Compliance Schedule, Records
Maintenance, and Failure to Comply
CVMC 15.26.050(G), (H) and (I)
Applies Applies
Exemptions. Properties owned by any of the following are exempt from this section:
1. The county of San Diego;
2. The state of California;
3. The United States of America;
4. The Metropolitan Transit Service; or
5. The Chula Vista or Sweetwater School Districts.
C. Definitions. For purposes of this section, the following terms shall have the following
meanings:
“Audit Template” means the U.S. Department of Energy’s (DOE) online application for entering,
validating, and submitting data generated by an American Society of Heating, Refrigerating and
Air-Conditioning Engineers (“ASHRAE”) 211 audit and Retro-Commissioning, located
at https://buildingenergyscore.energy.gov/.
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“Base Building Systems” means the systems and subsystems of a building that use or
distribute Energy or water or impact the Energy or water consumption, including
the building envelope; the heating, ventilating, and air conditioning (HVAC) systems; air
conveying systems; electrical and lighting systems; domestic hot water systems; water distribution
systems; plumbing fixtures and other water-using equipment; and landscape irrigation systems and
water features. Base Building Systems shall not include:
a. Systems or subsystems owned by a tenant or for which a tenant bears full maintenance
responsibility that is within the tenant’s leased space and exclusively serve such leased space, and
for which the tenant pays all the Energy and water bills according to usage and demand as
measured by a meter or sub-meter;
b. Systems or subsystems owned by a residential unit Owner that exclusively serve the residential
unit of that Owner;
c. Systems or subsystems that operate industrial applications such as manufacturing.
“Baseline Year” means a Covered Property’s first year submitting a Benchmarking
Report pursuant to this section or CA Assembly Bill 802 if applicable, or the most
recent year a Covered Property was subject to the Conservation Requirements, whichever is later.
“Benchmark” means to complete and electronically submit the Chula Vista Benchmarking
Report via ENERGY STAR Portfolio Manager.
“Benchmarking Report” means the report generated by ENERGY STAR Portfolio Manager when
a completed Chula Vista Benchmarking Report is submitted to the City, including both the
information required to be input into ENERGY STAR Portfolio Manager and the information
generated by ENERGY STAR Portfolio Manager.
“Conservation Section” means the City of Chula Vista’s Office of Sustainability Conservation
Section.
“Covered Property” means a Property that meets the applicability requirements of this section.
“Energy” means electricity, natural gas, steam, heating oil, or other products sold by a utility to a
customer of a building, or renewable on-site electricity generation, for purposes of providing heat,
cooling, lighting, water heating, or for powering or fueling other end-uses in the building and
related facilities.
“Energy Audit” means systematic evaluation to identify potential modifications and improvements
to a building’s equipment and systems which utilize energy in order to optimize a building’s
overall energy performance.
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“ENERGY STAR Certified” means a building which has earned an ENERGY STAR® Score of 75
or higher, indicating that it performs better than at least 75 percent of similar buildings nationwide
and completed an ENERGY STAR Certification application and received EPA approval.
“ENERGY STAR Portfolio Manager” means the U.S. Environmental Protection Agency’s (EPA)
online application for measuring, tracking, and managing a building’s Energy, water, and
greenhouse gas emission data and benchmarking its performance, located
at https://www.energystar.gov/.
“ENERGY STAR Score” means a number ranging from one to 100 assigned by the
EPA’s ENERGY STAR Portfolio Manager as a measurement of a building’s Energy efficiency,
normalized for a building’s characteristics, operations, and weather, according to methods
established by US EPA’s ENERGY STAR® Portfolio Manager.
“EUI” or “Energy Use Intensity” means the Energy consumed per square foot of
a building per year, as calculated by ENERGY STAR® Portfolio Manager® by dividing the
total Energy consumed by the building in one year (measured in kBtu or GJ) by the total Gross
Floor Area of the building.
“EUI-WN ” or “Weather-normalized Energy Use Intensity” means the weather-
normalized Energy consumed per square foot of a building per year, as calculated by ENERGY
STAR Portfolio Manager by dividing the total weather normalized Energy consumed by
the building in one year (measured in kBtu or GJ) by the total Gross Floor Area of the building.
“Financial Distress” means a Property that:
a. Had arrears of property taxes or water or wastewater charges that resulted in the Property’s
inclusion, within the prior two years, on the City’s annual tax lien sale list; or
b. Has a court-appointed receiver in control of the asset due to financial distress; or
c. Is owned by a financial institution through default by the borrower; or
d. Has been acquired by a deed in lieu of foreclosure; or
e. Has a senior mortgage subject to a notice of default.
“Gross Floor Area” or “GFA” means the total number of square feet measured between the
principal exterior surfaces of enclosing fixed walls. This includes all fully enclosed space within
areas inside the outside surfaces of the exterior walls of the building(s), including
lobbies, tenant areas (occupied and unoccupied), common areas, meeting rooms, offices, break
rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical
equipment areas, basements, storage rooms, mechanical space such as boiler rooms, elevator shaft,
hallways, stairwells, and connecting corridors between buildings. This does not include exterior
spaces, balconies, patios, exterior loading docks, driveways, covered walkways, outdoor play
courts (tennis, basketball, etc.), parking, open-air stairwells, breezeways, interstitial plenum space
between floors (which house pipes and ventilation), or crawl spaces.
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“High-Performance Building” means a Property that submitted a Benchmarking Report for its
most recent benchmarking compliance deadline and either (1) achieved a Verified ENERGY
STAR Score of 80 or greater or (2) achieved ENERGY STAR Certification, or (3) achieved
LEED Existing Building Certification for three of five preceding years.
“Industrial Occupancy” means any building or portion thereof classified under occupancy groups
F-1 and F-2 (“Factory and Industrial”) or H-1, H-2, H-3, H-4, and H-5 (“High Hazard”) under
California Code of Regulations Title 24 Section 302 (2016) as amended.
“Master Metering” or “Master Metered” means measuring a building’s electricity or gas
consumption for the purposes of utility billing from multiple tenant units together rather than using
individual meters or sub-meters for each dwelling unit.
“Mechanical Equipment” means centralized building systems or devices that are fixed in a location
for uses associated with structures and relating to water use, drainage, heating, ventilating, air
conditioning, and similar purposes.
“Multifamily Property” means a residential Property that contains five or more Multifamily
Dwelling Units.
“Nonresidential Property” means a Property or part thereof used for purposes other than human
habitation.
“Owner” means an individual, individuals, or entity possessing title to a Property, the board of
directors, or managing partners in the case of a cooperative apartment corporation, association, or
partnership, or a master tenant in a triple net lease arrangement, or the authorized representative
thereof.
“Previous Baseline Year” means a Covered Property’s first year submitting a Benchmarking
Report pursuant to this section or CA Assembly Bill 802 if applicable, or the second to last year in
which the Covered Property was subject to the Conservation Requirements, whichever is later.
“Property” means any of the following:
a. A single building;
b. A campus of two or more buildings that are owned and operated by the same party, have a
single shared primary function, and consist of:
i. Buildings that are behind a common utility meter or served by a common mechanical/electrical
system (such as a chilled water loop) which would prevent the Owner from being able to easily
determine the Energy use attributable to each of the individual buildings; and/or
ii. Buildings or parts of buildings that have an individual Gross Floor Area of less than 20,000
square feet.
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“Retro-Commissioning” means a systematic process for optimizing existing systems relating
to building performance through the identification and correction of deficiencies in such systems.
“Significant Common Load” means a multifamily residential with Master Metering, Mechanical
Equipment or where the total nonrentable portion of the Gross Floor Area is 10,000 square feet or
more.
“Site Energy Use” means the total amount of all the energy a property consumes on-site,
regardless of the source, as calculated by ENERGY STAR® Portfolio Manager®. It
includes energy purchased from the grid or in bulk (which are the amounts on utility bills), as well
as renewable energy generated and consumed on site, such as from solar and wind (excess
renewable energy generated on-site and sold to the utility is excluded from site energy use).
“Site EUI (Energy Use Intensity)” means the Site Energy Use divided by the property’s Gross
Floor Area as calculated by ENERGY STAR® Portfolio Manager®.
“Source Energy Use” means the total amount of raw fuel that is required to operate a property, as
calculated by ENERGY STAR® Portfolio Manager®. In addition to what the property consumes
on-site, Source Energy Use includes losses that take place during the generation, transmission, and
distribution of the energy.
“Source EUI (Energy Use Intensity)” means the Source Energy Use divided by
the property’s Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®.
“Verified ENERGY STAR Score” means an ENERGY STAR Score based on data that has been
verified by a Professional Engineer (PE) or Registered Architect (RA).
D. Benchmarking Requirements. Owner shall Benchmark in accordance with the following on or
before the compliance deadlines specified in subsection (G) of this section:
1. Establish an ENERGY STAR Portfolio Manager account (if Owner has not already done so),
add Covered Properties, complete all required fields (if Owner has not already done so), and
maintain current all required fields.
2. Annually collect data, according to the schedule set forth in subsection (F)(1) of this section,
related to the property’s total energy usage for the entire prior calendar year in accordance with
the latest guidance under Building Energy Use Data Access, Benchmarking, and Public
Disclosure Regulations, California Code of Regulations, Title 20, Division 2, Chapter 4, Article
9, Section 1680, and following, including, but not limited to, those related to obtaining customer
consent.
3. Annually submit energy benchmarking to the Conservation Section report according to the
schedule set forth in subsection (F)(1) of this section. The energy benchmarking report shall be
generated using ENERGY STAR Portfolio by responding to the Conservation Section’s
designated Data Request for the appropriate compliance year.
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4. Benchmarking Reports shall at minimum, include the following:
a. Descriptive Information. Basic descriptive information to track and report a property’s
compliance with this chapter, including, but not limited to, the property address(es), Gross Floor
Area, property type, year(s) built, and the individual or entity responsible for the Benchmarking
Report; and
b. Energy Information. Information necessary to Benchmark Energy usage shall be determined
by the Conservation Section and shall include, at a minimum, the following information and
derivatives thereof:
i. The ENERGY STAR Portfolio Manager ENERGY STAR Score for the property
and ENERGY STAR certification status, where available; and
ii. The weather-normalized Site and Source Energy Use (kBTU) and Energy Intensity (EUI) per
unit area per year (kBTU per square foot per year) for the property; and
iii. The Site and Source Energy Use (kBTU), and Energy Use Intensity (EUI) per unit area
per year (kBTU per square foot per year) for the property; and
iv. The annual carbon dioxide equivalent emissions due to Energy use for the Property as
estimated by ENERGY STAR Portfolio Manager; and
v. Monthly and annual Site energy use by energy type and share of energy use supplied by on-
and off-site renewables.
5. Starting in 2023, Owners may be assessed an annual Benchmarking Filing Fee to recover the
costs of implementation, enforcement, administration, and infrastructure for this section. The City
Manager may adjust the Benchmarking Filing Fee annually.
6. Owners shall run the Data Quality Checker available within ENERGY STAR Portfolio
Manager and shall correct all missing or incorrect information as identified by ENERGY STAR
Portfolio Manager prior to submitting the Benchmarking Report to the City.
7. Exemptions from Benchmarking Requirements.
a. The Owner may receive an exemption from filing a Benchmarking Report and remitting
the Benchmarking Filing Fee for a reporting year, subject to Conservation Section approval, by
submitting evidence in accordance with guidelines set forth by the Conservation Section that any
of the following conditions apply:
i. The entire Property did not have a Certificate of Occupancy or Temporary Certificate
of Occupancy for at least half of the year required to be Benchmarked; or
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ii. The entire Property was not occupied, due to renovation, for at least half of the year to
be Benchmarked; or
iii. A demolition permit for the entire Property has been issued, and demolition work has
commenced; or
iv. The Property did not receive Energy or water services for at least half of the
calendar year required to be Benchmarked; or
v. The Property is in Financial Distress; or
vi. Disclosure of the Property Energy usage data would result in the release of proprietary
information that can be characterized as a trade secret or would otherwise violate a customer’s
right to privacy under the California Constitution or other applicable laws.
E. Direct Disclosure and Public Disclosure Requirements. Properties shall comply with
subsections (E)(1), (2), and (3) of this section.
1. Direct Disclosure of Benchmarking Report. Owners shall provide a web link or hard copy to
their most recent Benchmarking Report to:
a. Existing tenants and current owners with an interest of five percent or more within 90 days of
the annual Benchmarking compliance deadline.
b. Prospective buyers prior to the close of sale and prospective tenants prior to lease signing or
lease renewal.
2. Direct Disclosure of Audit and Retro-Commissioning Reports. Owners shall provide Energy
Audit and Retro-Commissioning Reports produced for compliance with subsection (F)(4) of this
section, if applicable, to all existing residential and nonresidential tenants within 90 days of the
Conservation compliance deadline. Owners shall confer with any nonresidential tenants that pay
utility costs, identifying energy efficiency investment opportunities and assessing the potential for
mutually beneficial co-investment arrangements in accordance with procedures established by the
Conservation Section within 180 days of the Conservation compliance deadline.
3. Public Disclosure. The City will make the data public.
a. The Conservation Section shall make the following information available to the public on the
internet, as reported by Owners, and update the information at least annually:
i. Summary statistics on overall compliance with this section; and
ii. Summary statistics on overall energy consumption of Covered Properties subject to this
section derived from annual benchmarking reports; and
iii. For each building subject to this section:
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iv. Address and property use type(s); and
v. Annual summary statistics derived from the submitted benchmarking report, including all
information required under subsection (D)(4) of this section.
b. Exemption. Properties with more than half of the Gross Floor Area used for
Industrial Occupancy are exempt from the Public Disclosure requirements (subsection (E)(3) of
this section).
F. Conservation Requirements. Conservation Requirements apply according to the compliance
deadlines specified in subsection (G) of this section. Properties meeting the requirements for a
High Performing Building (subsection (C) of this section) are exempt from all requirements in this
subsection (F).
1. Multifamily properties are subject to the Multifamily Prescriptive Measure requirements
(subsection (F)(6) of this section) by their first five-year Conservation Requirement deadline.
In addition, multifamily properties with Significant Common Load must meet either the
Performance Targets (subsection (F)(3) of this section) or the Audit Requirement
(subsection (F)(4) of this section) and Minimum Improvement requirement (subsection (F)(5) of
this section).
2. Nonresidential must meet either the Performance Targets (subsection (F)(3) of this section), or
the Audit Requirement (subsection (F)(4) of this section) and Minimum Improvement requirement
(subsection (F)(5) of this section).
3. Performance Targets. Every five years demonstrate that:
a. Property has decreased its Site EUI-WN by at least the Improvement Target in Table
15.26.050(F)(3)(a) below from Baseline Year;
Table 15.26.050(F)(3)(a).
Baseline Year ENERGY STAR Score Improvement Target
0 – 45 30%
46 – 65 20%
66 – 79 10%
80+ None
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b. Or if Property was not eligible for an ENERGY STAR Score in the baseline year, Property has
reduced its weather-normalized Site EUI by at least the Improvement Target in Table
15.26.050(F)(3)(b) below from Baseline Year.
Table 15.26.050(F)(3)(b).
Baseline Year Site EUI-WN (kBTU/sf/year) Improvement Target
80+ 30%
51 – 79 20%
19 – 50 10%
0 – 18 None
c. Tables 15.26.050(F)(3)(a) and 15.26.050(F)(3)(b) shall be updated periodically by
the Conservation Section subject to City Council approval.
4. Audit Requirement. Every five years, an Energy Audit and Retro-Commissioning shall be
performed in accordance with the following specifications:
a. Energy Audit and Retro-Commissioning Specifications.
i. Audit Type. A Level 1, or greater, Energy Audit in conformance with the current ASHRAE
Standard 211 “Commercial Building Energy Audits” at the time the Audit is initiated.
Before Owners choose an ASHRAE Level 1 Energy Audit, they must also obtain a quote for a
more extensive audit and discuss the additional value with the audit provider. Owners shall
document fulfillment of this requirement as specified by the Conservation Section.
ii. Retro-Commissioning. Retro-Commissioning requirements shall be performed in accordance
with industry-standard practices, including current ASHRAE Guideline 0.2 “Commissioning
Process for Existing Systems and Assemblies” at the time the Retro-Commissioning is initiated.
(A) Applicability. Retro-Commissioning requirements shall apply to properties that meet all of
the following:
(1) At least 50,000 square feet of conditioned space;
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(2) Existing Mechanical Equipment;
(3) Digital controls in place that is reparable or in good working order in the opinion of the auditor.
(B) Exemption. Properties that have experienced major changes in operations during the prior
six months or have planned to make major changes in the following year.
(C) The Retro-Commissioning of the Base Building Systems shall include, at minimum, the
following:
(1) Heating, ventilation, air conditioning (HVAC) systems, and controls; and
(2) Indoor lighting systems and controls; and
(3) Water heating systems; and
(4) Renewable energy systems.
iii. Audit Professional Qualifications. Audits shall be signed and performed directly by or under
the direct supervision of, an individual whose job duties do not regularly occur at the Property and
who has two or more years of auditing experience and possesses one or more of the certifications
specified in Table 15.26.050(F)(4)(a)(v) or other qualifying certifications as specified by
the Conservation Section.
iv. Retro-Commissioning Professional Qualifications. Retro-Commissioning shall be performed
directly by or under the direct supervision of an individual whose job duties do not regularly occur
at the Property and who has two or more years of auditing experience and possesses one or more
of the certifications specified in Table 15.26.050(F)(4)(a)(v) or other qualifying certifications as
specified by the Conservation Section.
v. Qualifying Professional Certifications.
15.26.050(F)(4)(a)(v) Qualifying Professional Certifications
Professional Type Qualifying Certification
Energy Audit or Retro-
Commissioning Professional
(any listed)
1. An accredited certification that has been designated a
“Better Buildings Recognized Program” by the DOE
meeting the criteria set forth in the
Better Buildings Workforce Guidelines (BBWG)
for Building Energy Auditors or Energy Managers
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Professional Type Qualifying Certification
2. A Professional Engineer (PE) registered in the State of
California
Energy Audit Professional
(any listed)
1. Certified Energy Auditor (CEA) or
Certified Energy Manager (CEM), issued by the
Association of Energy Engineers (AEE)
2. Certified Facilities Manager (CFM), issued by the
International Facility Management Association (IFMA)
3. System Maintenance Administrator (SMA) or System
Maintenance Technician (SMT), issued
by Building Owners and Managers Institute (BOMI)
International
4. High Performance Building Design Professional
(HBPD) or Building Energy Assessment Professional
(BEAP), issued by the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers
(ASHRAE)
5. For Audits of multifamily residential properties only, a
Multifamily Building Analyst (MFBA), issued by
the Building Performance Institute (BPI)
Retro-
Commissioning Professional
(any listed)
1. Certified Commissioning Professional (CCP), issued by
the Building Commissioning Association (BCA)
2. Certified Commissioning Authority (CxA) or Certified
Commissioning Technician (CxT), issued by the AABC
Commissioning Group (ACG)
3. Certified Building Commissioning Professional
(CBCP) or Existing Building Commissioning Professional
(EBCP), issued by the Association of Energy Engineers
(AEE)
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Professional Type Qualifying Certification
4. Certified Professional certified by the National
Environmental Balancing Bureau (NEBB)
5. Commissioning Process Management Professional
(CPMP), issued by American Society of Heating,
Refrigerating, and Air-Conditioning Engineers
(ASHRAE)
6. Accredited Commissioning Process Authority
Professional (ACPAP) approved by the University of
Wisconsin
vi. Energy Audit and Retro-Commissioning Report. A report (or reports) of the Energy
Audit and Retro-Commissioning (where applicable), completed and signed by a qualified Audit
Professional and qualified Retro-Commissioning Professional, shall be submitted electronically to
the Conservation Section via the Conservation Section’s designated Audit Report Template or via
other means as specified by the Conservation Section. Completed Reports shall include all items
designated as required, including but not limited to the following:
(A) The date(s) that the Energy Audit and Retro-Commissioning (if applicable) were performed;
and
(B) Identifying information on the auditor provider (and Retro-Commissioning provider if
applicable); and
(C) Information on the base building systems and equipment; and
(D) A list of retrofit measures available to the Owner that can reduce energy use and/or cost of
operating the Property including:
(1) Costs of each measure; and
(2) An estimate of the energy and operating cost savings associated with each measure; and
(3) Simple payback of each measure; and
(4) Identification of at least two contractors able to perform measurements.
(E) Identification or recommendation of measures applicable to tenant-controlled spaces,
including estimates for energy and operating savings for all affected tenants; and
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(F) Identification or recommendation of measures needed to meet applicable Performance
Targets; and
(G) Identification or recommendation of measures needed to meet Minimum Improvement, if
applicable; and
(H) Identification of all rebate, incentive, and financing programs available to property and/or in
association with specific measures; and
(I) If applicable, a list of all the Retro-Commissioning process activities undertaken and Retro-
Commissioning measures completed; and
(J) A list of all retrofit measures taken (if applicable); and
(K) Functional performance testing reports (if applicable); and
(L) Operational training conducted (if applicable); and
(M) Attestation that an ASHRAE Level 2 Energy Audit and (if applicable) ASHRAE 0.2 Retro-
Commissioning process were conducted.
5. Minimum Improvement. Every 10 years properties must demonstrate that:
a. Property has decreased its Site EIU-WN by at least the Mandatory Minimum Improvement in
Table 15.26.050(F)(5)(a) below from the Previous Baseline Year;
Table 15.26.050(F)(5)(a).
Baseline Year ENERGY STAR
Score
Mandatory Minimum
Improvement
0 – 45 15%
46 – 65 10%
66 – 79 None
80+ None
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b. Or, if Property was not eligible for an ENERGY STAR Score in the Previous Baseline
Year, Property has decreased its Site EIU-WN by at least the Mandatory Minimum Improvement
in Table 15.26.050(F)(5)(b) below from the Previous Baseline Year.
Table 15.26.050(F)(5)(b).
Baseline Year Site EUI-
WN (kBTU/sf/year)
Mandatory Minimum
Improvement
80+ 15%
51 – 79 10%
19 – 50 None
0 – 18 None
c. Tables 15.26.050(F)(5)(a) and 15.26.050(F)(5)(b) shall be updated periodically by
the Conservation Section subject to City Council approval.
d. Exemption. Owners are not required to complete retrofit measures identified or recommended
in the most recent audit report for meeting the Minimum Improvement (per
subsection (F)(4)(a)(vi)(G) of this section) if those measures have a simple payback greater than
13 years, or have a payback period that exceeds the expected useful life of the retrofit measure. If
all measures identified per subsection (F)(4)(a)(vi)(G) of this section having a simple payback of
13 years or less, and having an expected useful life that is longer than the payback period, are
completed, the Mandatory Minimum Improvement percentage in Table 15.26.050(F)(5)(a) or
Table 15.26.050(F)(5)(b), as applicable, is waived.
6. Multifamily Prescriptive Measures. Multifamily Residential Properties constructed prior to
2006 must perform the minimum number of measures required in Table 15.25.050(F)(6)(a) within
all tenant spaces where utility costs are borne by tenants. Owners may choose any applicable
measures from Table 15.25.050(F)(6)(b). Measures already in place shall count toward satisfying
the minimum number of measures. Where a measure is not applicable it shall count toward
satisfying the minimum number of measures.
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Ordinance No. 3536
Page No. 17
Table 15.26.050(F)(6)(a).
Year Built Climate Zone 7 Climate Zone 10
Pre-1978 Choose four Measures
Choose five Measures 1978 – 1991 Choose three Measures
1992 – 2005 Choose two Measures
15.26.050(F)(6)(b)
Measure
Name Description
R-38 Attic
Insulation
Add attic insulation in buildings with vented attic spaces to meet R-38.
Air Sealing Apply air sealing practices throughout all accessible areas of the unit. 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.
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 any accessible ductwork to meet the requirements of the 2016
Title 24 Section 150.2(b)1E. Units with one or more vented combustion
appliances are STRONGLY RECOMMENDED to have a BPI Combustion
Appliance Safety Inspection performed after duct sealing.
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Ordinance No. 3536
Page No. 18
Measure
Name Description
LED Lighting Replace low performing screw based lighting with high performing lighting per
the requirements of Title 24 Section 150.0(k)1.A,D,G,H and I.
Water Heating
Package (if
water heater
serves
individual
unit)
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.
Hot Water Pipe Insulation: Insulate all accessible hot water pipes with R-3 pipe
insulation.
Low Flow Fittings: Upgrade sink and shower fittings to meet 2016 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.
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
(if water heater
serves
individual
unit)
High Efficiency Heat Pump Water Heater: Replace natural gas storage water
heater, or, tankless water heater having an 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 a Energy Factor of .81 or less, with
tankless water heater with a minimum Energy Factor of 0.96.
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-
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Ordinance No. 3536
Page No. 19
Measure
Name Description
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.
7. Amortization of Pass-Through Costs. Where lease terms allow owners to pass on the costs of
complying with this section to lessees, should Owner choose to do so, those costs may not be
passed through in bulk. Instead, they shall be amortized as follows:
a. Audit Requirement costs shall be amortized over five years.
b. Costs of measure implementation shall be amortized over the expected useful life of the
measure.
8. Exemptions. The following exemptions apply to the Conservation Requirement:
a. The Property has been occupied for less than five years;
b. The Property is in Financial Distress;
c. A demolition permit for the entire Property has been issued, and demolition work has
commenced;
d. The Property has not previously been subject to the Benchmarking Requirement.
G. Compliance Schedule. Compliance deadlines for the requirements of this section are detailed
in Table 15.26.050(G) below. The Conservation Section may grant an extension of time of up to
60 days to file any submittal required by this section upon request in writing. The Conservation
Section may grant an additional extension up to 180 days upon an application demonstrating
evidence of substantial hardship.
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Ordinance No. 3536
Page No. 20
Table 15.26.050(G). Compliance Deadlines
Section
Compliance Deadlines
50,000+ square feet GFA 20,000 – 49,999 square
feet GFA
Benchmarking Requirements
CVMC 15.26.050(D)
May 20th of
each year beginning
2022
March 20th of
each year beginning
2022
Direct Disclosure and Public Disclosure
Requirements
CVMC 15.26.050(E)
Beginning
September 1, 2022
Beginning
September 1, 2022
Conservation Requirements
CVMC 15.26.050(F)(1) through (4), (7), (8)
Every
five years beginning
2023 or later
according to a
schedule to be
determined by
the Conservation
Section
Every
five years beginning
2026 or later
according to a
schedule to be
determined by
the Conservation
Section
Minimum Improvement Requirements
CVMC 15.26.050(F)(5)
Every
10 years beginning
in the year 2028 or
later according to a
schedule to be
determined by
the Conservation
Section
Every
10 years beginning
in the year 2031 or
later according to a
schedule to be
determined by
the Conservation
Section
Multifamily Prescriptive Upgrades
CVMC 15.26.050(F)(6)
2023 or later
according to a
schedule to be
determined by
the Conservation
Section
2023 or later
according to a
schedule to be
determined by
the Conservation
Section
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Ordinance No. 3536
Page No. 21
H. Record Maintenance. The Owner shall maintain records related to Benchmarking,
Audits, Retro-Commissioning, and Efficiency Improvement Measures, including, but not limited
to, the Energy and water bills and reports or forms received from tenants and/or utilities. Such
records shall be preserved for a period of five years. When the Property is sold, copies of the
records shall be given to the new Owner. Ownership of the property in Portfolio Manager must
also be transferred to the new owner.
I. Failure to Comply. It shall be unlawful for any person to violate any provision or to fail to
comply with any of the requirements of this section, and any such person shall be subject to the
following remedies and enforcement measures:
1. A Notice of Failure to Comply shall be issued to the Owner specifying the provisions violated
and including an order to correct, outlining steps necessary to bring the Property back under
compliance; and
2. On the sixtieth day following the issuance of a Notice of Failure to Comply, the following may
be issued:
a. Monetary Fines. Monetary fines may be levied up to the amounts shown in Table
15.26.050(I)(2)(a) on a per-incident basis depending on Property GFA.
Table 15.26.050(I)(2)(a). Maximum Fine Amounts
Property Size (square feet) Amount per Incident
20,000 – 49,999 GFA Up to $750
50,000 – 99,999 GFA Up to $1,500
100,000+ GFA Up to $2,250
b. Public disclosure of noncompliance.
3. Monetary penalties for noncompliance shall be waived until January 1, 2023.
J. Implementation Authority. 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 15.26.050(F)(6)(b) as new energy-efficient technologies or materials
are developed.
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Ordinance No. 3536
Page No. 22
Section II. Findings
The City Council of the City of Chula Vista specifically and expressly finds and declares that
section 15.26.050 is 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.
Section III. 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 IV. 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 V. Effective Date
This ordinance will take effect and be in force thirty days after final passage but not before
January 1, 2023.
Section V. Publication
The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: 3098A3A1-BC88-4E23-8BD5-83BD66E51312
Ordinance No. 3536
Page No. 23
Presented by Approved as to form by
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December 2022, by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
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 foregoing
Ordinance No. 3536 had its first reading at a regular meeting held on the 8th day of November
2022, and its second reading and adoption at a regular meeting of said City Council held on the
6th day of December 2022; 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
DocuSign Envelope ID: 3098A3A1-BC88-4E23-8BD5-83BD66E51312
for
2/14/2023