HomeMy WebLinkAbout2009/07/21 Item 4
CITY COUNCIL
AGENDA STATEMENT
~ 1ft.. CITY OF
1\> - CHULA VISTA
JULY 21, 2009, Item~
ITEM TITLE:
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDrNG CHAPTER 20.04 OF THE CHULA VISTA
MUNICIPAL CODE BY REVISING SECTIONS 20.04.010,
20.04.025 AND 20.04.030, A.ND ADDrNG SECTION
20.04.040 C~)
DIRECTOR OF CONSERVATION & ENVIRONMENTAL ~
SERVICES :t!:c
CITY MANAGER
ASSIST A.NT CITY NAGER 5;
SUBMITTED BY:
REVIKWED BY:
SUMMARY
As part of the Climate Protection Measures' Implementation Plans, which were approved
by City Council in July 2008, staff was directed to amend the municipal code to require
new residential units to be pre-wired and pre-plumbed for solar photovoltaic and solar hot
water panels, respectively. These requirements were designed to promote and facilitate
the future, cost-effective installation of renewable energy systems to lower greenhouse
gas emissions, reduce local energy demand and provide long-term cost savings in the
community. The proposed amendments would establish the policy framework for these
new requirements in the Chula Vista Municipal Code's "Energy Conservation" section
(Chapter 20) and align the policy with the technical requirements previously adopted by
City Council in January 2009 as part of Chapter 15 Buildings and Construction. The
proposed code reVIsions also provide clarification to the Chapter's purpose and
terminology.
4/5THS VOTE: YES D NO 0
EI'YIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project qualifies for a Class 8 categorical exemption pursuant to
Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of
the State CEQA Guidelines. Thus, no further environmental review is necessary.
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JUL Y 21,2009, ItemL
Page 2 of 3
RECOMME]\\'UATION
Staff recommends that City Council adopt the ordinance.
BOARDS/COMMISSION RECOMMEl'.'DATION
The Resource Conservation Commission unanimously recommended approval of the
agenda item at their July 13,2009 meeting.
DISCUSSION
In 2007, the City Council directed staff to convene a Climate Change Working Group
(CCWG) to develop recommendations to reduce the community's greenhouse gas or
"carbon" emissions. The CCWG - comprised of 14 residential, business and community-
group representatives - evaluated over 90 possible carbon-reducing actions, conducted
more than 30 publicly-noticed meetings, workshops and presentations, and ultimately
recommended seven measures to the City Council. On July 10, 2008 the Council
approved the implementation plans for the seven measures which focused on lowering
energy and water consumption, installing renewable energy systems, promoting
alternative fuel vehicles and designing pedestrian and transit-friendly communities.
Measure #5 directs staff to update the existing standards that require all new residential
units to be pre-plumbed for solar hot water systems and to develop a new standard
requiring solar photovoltaic pre-wiring for new residences. The two requirements were
designed to encourage the future installation of renewable energy systems in the
community. For new residences that are pre-wired and pre-plumbed, property owners
who choose to invest in a system would not need to perform major retrofit work as part of
the installation resulting in lower labor costs, faster completion and a more streamlined
process. The solar energy systems, which typically have a warranty period of 25 years
and a significantly longer anticipated life span, would provide the property owners with
reliable, no-cost energy and are projected to have a payback period between 8-12 years.
At a community level, the expansion of renewable energy systems lowers the local
demand for energy generation and transmission. Furthermore, solar and other renewable
energy resources (such as wind turbines and ground-source heat pumps) contribute to
reaching the City's greenhouse gas reduction targets and California's renewable energy
goals. The systems also help spur demand for local "green" contractors, retailers and
manufacturers in Chula Vista contributing to both economic and environmental
sustainability.
The proposed amendments would establish the policy framework for these new
requirements in the Chula Vista Municipal Code's "Energy Conservation" section
(Chapter 20). The amendment would also align the policy with the technical
requirements which were previously adopted by City Council on January 13, 2009
(Ordinances #3121 and #3122) and added to CVMC Chapters 15.24.065 and 15.28.015.
Staff is also proposing to provide clarification to portions of the Chapter's general
purpose and terminology. The clarification assists staff and the public in interpreting the
policy guidance and regulations.
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JULY 21, 2009, ltem-L
Page 3 of 3
DECISION MAKER CONFLICT
Staff has determined that the recommendations reqUITIng Council action are not site
specific and consequently the 500-foot rule found in California Code of Regulations
section I 8704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
There would be no new impact to the General Fund due to ordinance adoption. The City
Council has previously approved the pre-plumbing and pre-wiring requirements, and the
current modifications are required to align the applicable municipal code sections.
ONGOING FISCAL IMPACT
There would be no new, ongoing impact to the General Fund due to ordinance adoption.
If there is a widespread transition to solar in the community causing significantly less
grid-delivered electricity and natural gas consumption, the revenue from the City's
SDG&E Franchise Fee and Utility User's Tax, which are based on energy delivery and
consumption amounts respectively, will have a corresponding reduction. Staff does not
anticipate this impact to be significant over the next decade due to regulatory hurdles to
expanding small-scale residential and commercial solar and other distributed generation.
To address potential long-term issues, the City could raise the applicable rates or work
with other jurisdictions throughout the State to shift these revenue sources to the
distribution and transmission side of the invoice (as opposed to the current commodity
side).
A TT ACHMENTS
None
Prepared by: Brendan Reed. Environmental Resource lvJanager, Conservation & Environmental Services
4-3
ORDINAi'\)CE NO.
Ai'\) ORDINAi'\)CE OF THE CITY OF CHULA VISTA
AlYlENDING CHAPTER 20.04 OF THE CHULA VISTA
1vruNICIPAL CODE BY REVISING SECTIONS 20.04.010,
20.04.025, AND 20.04.030 AND ADDING SECTION
20.04.040
The City Council of the City ofChula Vista does ordain as follows:
SECTION 1. That Chapter 20.04 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Title 20
ENERGY CONSERVATION
Chapters:
20.04 Energy Conservation Regulations
20.08 Municipal Solar Utility
Chapter 20.04
ENERGY CONSERVATION REGULATIONS
Sections:
20.04.010 Intent and purpose of provisions.
20.04.020 Conflict with other provisions.
20.04025 Definitions.
20.04.030 Solar water heater preplumbing.
20.04.040 Solar photovoltaic pre-wiring.
20.04.050 Business energy assessments.
CROSS REFERENCE: Business Licenses Generally, see Ch. 5.02 CVMe.
Electrical Code and Regulations, see Ch. 15.24 CVMC. Plumbing Code, see Ch.
15.28 CVMe.
20.04.010 Intent and purpose of provisions.
The conservation of energy and natural resources including water, air quality
and open space has been determined to be a legitimate and worthy function of
the City. The provisions of this chapter are intended to decrease dependence
upon fossil fuels and other nonrenewable energy sources that contribute to the
City's greenhouse gas emissions by encouraging and, in some instances,
requiring best management practices including the installation of devices,
structures or materials for the efficient generation, distribution and use of energy
and water on certain structures within the City. (Ord. 3119 S 1, 2008; Ord. 1973
S 1, 1982).
4-4
20.04.020 Conflict with other provisions.
Portions of this chapter which are in conflict with other sections of the
municipal code are intended to be exceptions to those sections and shall take
precedence over such sections. (Ord. 3119 S 1, 2008; Ord. 1973 S 1, 1982).
20.04.025 Definitions.
The following words and phrases, when used in this chapter, shall be
construed as defined in this section:
A. "Assessment" means a written evaluation of a facility's energy and water
use from building systems, appliances and office equipment.
B. "Energy and water conservation" means reduction of energy and water use
achieved by relying on changes to behavior.
C. "Energy and water efficiency" means activities or programs that reduce
energy and water use by upgrading to more efficient equipment or controls.
D. "Greenhouse gas emission" means the direct or indirect emission of one or
more of the gases identified by the Intergovernmental Panel on Climate Change
and/or the State of California.
E. "Nonrenewable" means an energy resource such as, but not limited to, fossil
fuels that is not replaced or is replaced only very slowly by natural processes.
F. "Renewable" means an energy resource such as, but not limited to, wind
and solar that is replaced by natural resources.
G. "Solar photovoltaic" means a method of capturing energy from sunlight and
converting it to electricity.
H. "Solar water heater" means a method of heating domestic water by allowing
solar energy collection devices to transfer solar heat energy to water. (Ord. 3119
S 1, 2008).
20.04.030 Solar water heater preplumbing.
All new residential units shall include at least the plumbing specifically
designed to encourage the later installation of a system which utilizes solar
energy as the primary means of heating domestic potable water. The purpose of
this section is to facilitate the safe, cost-effective installation of residential solar
water heating systems, while removing structural and regulatory barriers. No
building permit shall be issued unless the plumbing required pursuant to this
section and the Chula Vista Solar Water Heater Pre-Plumbing Installation
Requirements are incorporated into the approved building plans.
Exception: The provisions of this section can be modified or waived when it
can be satisfactorily demonstrated in writing to the City Manager, or designee,
that potential pre-existing constraints affecting the use of solar hot water heating
cannot be reasonably overcome. (Ord. 3119 S 1, 2008; Ord. 1973 S 1, 1982).
20.04.040 Solar photovoltaic pre-wiring.
All new residential units shall include at least the electrical conduit specifically
designed to encourage the later installation of a system that utilizes solar
photovoltaic or other renewable energy resource as a means of generating
electricity. The purpose of this section is to facilitate the safe, cost-effective
4-5
installation of renewable energy systems as residents' primary electricity source,
while removing structural and regulatory barriers. No building permit shall be
issued unless the requirements of this section and the Chula Vista Photovoltaic
Pre-Wiring Installation Requirements are incorporated into the approved building
plans.
Exception: The provisions of this section can be modified or waived when it can
be satisfactorily demonstrated in writing to the City Manager, or designee, that
potential pre-existing constraints affecting the use of solar photovoltaic or other
renewable energy systems cannot be reasonably overcome.
20.04.050 Business energy assessments.
All commercial and industrial businesses in the City of Chula Vista are
encouraged to participate in a free energy assessment of their facilities to help
them identify energy efficiency and conservation opportunities that potentially
reduce participants' recurring energy costs and corresponding greenhouse gas
emissions. Assessments are recommended when a new business license is
issued or once every three years for an existing license. Participating businesses
are encouraged to cooperate with City staff or their delegate(s) by providing: (1)
a date and time for the assessment convenient for the business, (2) access to
their facilities for the assessment during their regular business hours, (3)
authorization to review their historical energy usage and (4) a signature and title
of a facility manager on a completed assessment form acknowledging that the
business has received a completed assessment and relevant information about
voluntary energy efficiency improvement opportunities. The owner of a multi-
tenant commercial building or their designee (property manager) may, at their
discretion, authorize a whole building assessment replacing the need for
individual tenant assessments.
A. Assessment Notification Process. The City may send a notice to each
business at least once every three years in conjunction with the City's annual
business license renewal mailer providing information that facilitates the
scheduling of an assessment at the business's convenience. A business may
also receive a business assessment notice whenever a new license is required,
such as the establishment of a new business or transfer of ownership for an
existing business.
B. Assessment Deliverables. The assessment findings, provided to the
participating business on a form established by the City Manager in conjunction
with the local utility and business representatives, may include a chart of their
historical energy consumption, an estimate of potential energy and cost savings
from identified energy conservation and efficiency opportunities and an estimate
of the corresponding greenhouse gas emission reductions. The assessment may
also review water conservation, alternative transportation and other practices
which the business could implement and/or promote to its employees and
customers and an estimate of the resulting greenhouse gas emission reductions.
The City may offer participants assistance with completing the applicable rebate,
incentive and/or on-bill financing forms to facilitate the adoption of the identified
energy efficiency improvements and help reduce the business's time and cost of
4-6
implementing the voluntary measures. The City may also provide contact
information for the local utility's program staff that may further assist the business
in reducing its energy costs.
C. Exclusions. Because energy efficiency is commonly related to a facility's
age and design, a voluntary energy assessment is not recommended for new
businesses occupying a commercial space which have completed one of the
following: (1) been permitted by the City Building Division within the last three
years for a remodel or new construction to meet the most current City Title 24
and above standards, (2) has been certified through a California Energy
Commission-approved (or other applicable state agency) green building program,
or (3) has already received an assessment within the last three years. In addition,
assessments are not necessary for home offices, mobile businesses and other
business entities that do not have a utility gas or electric meter on a commercial
rate schedule. (Ord. 3119 ~ 1, 2008).
SECTION II. This ordinance shall take effect and be in full force thirty days from its
adoption.
Presented by
Approved as to form by
Ccr/~
Bart C. Miesfeld p~I'.'" '1
City Attorney
Michael Meacham
Director of Conservation & Environmental
Services
4-7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
N\1ENDING CHAPTER 20.04 OF THE CHULA VISTA
MUNICIPAL CODE BY REVISING SECTIONS 20.04.010,
20.04.025, AND 20.04.030 AND ADDING SECTION
20.04.040
The City Council of the City ofChula Vista does ordain as follows:
SECTION I. That Chapter 20.04 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Title 20
ENERGY CONSERVATION
Chapters:
20.04 Energy Conservation Regulations
20.08 Municipal Solar Utility
Chapter 20.04
ENERGY CONSERVATION REGULATIONS
Sections:
20.04.010 Intent and purpose of provisions.
20.04.020 Conflict with other provisions.
20.04.025 Definitions.
20.04.030 Solar water heater preplumbing.
20.04.040 Solar photovoltaic pre-wirinq.
20.04.050 Business energy assessments.
CROSS REFERENCE: Business Licenses Generallv. see Ch. 5.02 CVMe.
Electrical Code and Regulations. see Ch. 15.24 CVMe. Plumbing Code. see Ch.
15.28 CVMC.
20.04.010 Intent and purpose of provisions.
The conservation of energy and natural resources includinq water, air quality
and open space has been determined to be a legitimate and worthy function of
the City. The provisions of this chapter are intended to decrease dependence
upon fossil fuels and other nonrenewable energy sources that contribute to the
Citv's qreenhouse qas emissions by encouraging and, in some instances,
requiring best manaqement practices includinq the installation of devices,
structures or materials for the efficient qeneration. distribution and use
conccri3tion of energy and water on certain structures within the City. (Ord. 3119
S 1,2008; Ord. 1973 S 1,1982).
4-8
20.04.020 Conflict with other provisions.
Portions of this chapter which are in conflict with other sections of the
municipal code are intended to be exceptions to those sections and shall take
precedence over such sections. (Ord. 3119 S 1, 2008; Ord. 1973 S 1, 1982).
20.04.025 Definitions.
The following words and phrases, when used in this chapter, shall be
construed as defined in this section:
A. "Assessment" means a written evaluation of a facility's energy and water
use from building systems, appliances and office equipment.
B. "Energy and water conservation" means reduction of energy and water use
achieved by relying on changes to behavior.
C. "Energy and water efficiency" means activities or programs that reduce
energy and water use by upgrading to more efficient equipment or controls.
D. "Greenhouse gas emission" means the direct or indirect emission of one or
more of the s*-gases identified in the Kyoto Protocol by the Interqovernmental
Panel on Climate Chanqe and/or the State of California.
E. "Nonrenewable" means an energy resource such as, but not limited to, fossil
fuels that is not replaced or is replaced only very slowly by natural processes.
F. "Renewable" means an enerqy resource such as, but not limited to, wind
and solar that is replaced by natural resources.
G. "Solar photovoltaic" means a method of capturinq enerqy from sunliqht and
convertinG it to electricity.
tLF-, "Solar water heater" means a method of heatinG dovice that hoats
domestic water by allowing solar energy collectors collection devices to transfer
solar heat energy to water. (Ord. 3119 S 1, 2008).
20.04.030 Solar water heater preplumbing.
All new residential units shall include at least the plumbing specifically
designed to encouraqe allow the later installation of a system which utilizes solar
energy as the primary means of heating domestic potable water. The purpose of
this section is to facilitate the safe, cost-effective installation of residential solar
water heatinq systems, while removinG structural and requlatory barriers. No
building permit shall be issued unless the plumbing required pursuant to this
section and the Chula Vista Solar Water Heater Pre-Plumbinq Installation
Requirements are incorporated is indicated on into the approved building plans.
Preplumbing shall extend through the roof when the slope of the roof is lese than
four inohes and 12 inohec and when the roef covering ic of clLly or conorete tile.
Preplumbing pipes for domestic solLlr hot water heating shall be insulLlted. This
ceotion shall apply only to those residenti::ll dwelling units for which ::l building
permit was applied fnr ::lfter tho effective d::lte of the ordinance codified in this
ch::lpter.
Exception: The provisions of this section ch::lpter can be modified or waived
when it can be satisfactorily demonstrated in writinq to the Building Officbl City
Manager, or designee, that potential pre-existing constraints affecting the use of
solar hot water heating cannot be reasonably overcome tho solar preplumbing is
4-9
impr3ctic31 duo to sh3ding, building oriont3tion, construction constr3intc or
configur3tion of tho p3rcel. (Ord. 3119 ~ 1,2008; Ord. 1973 ~ 1, 1982).
20.04.040 Solar photovoltaic pre-wiring.
All new residential units shall include at least the electrical conduit specifically
desiqned to encouraqe the later installation of a system that utilizes solar
photoyoltaic or other renewable enerqy resource as a means of qeneratinq
electricity. The purpose of this section is to facilitate the safe, cost-effective
installation of renewable enerqy systems as residents' primary electricity source,
while removinq structural and requlatory barriers. No buildinq permit shall be
issued unless the requirements of this section and the Chula Vista Photovoltaic
Pre-Wirinq Installation Requirements are incorporated into the approved buildinq
plans.
Exception: The provisions of this section can be modified or waived when it can
be satisfactorily demonstrated in writinq to the City Manaqer, or desiqnee, that
potential pre-existinq constraints affectinq the use of solar photovoltaic or other
renewable enerqy systems cannot be reasonably overcome.
20.04.050 Business energy assessments.
All commercial and industrial businesses in the City of Chula Vista are
encouraged to participate in a free energy assessment of their facilities to help
them identify energy efficiency and conservation opportunities that potentially
reduce participants' recurring energy costs and corresponding greenhouse gas
emissions. Assessments are recommended when a new business license is
issued or once every three years for an existing license. Participating businesses
are encouraged to cooperate with City staff or their delegate(s) by providing: (1)
a date and time for the assessment convenient for the business, (2) access to
their facilities for the assessment during their regular business hours, (3)
authorization to review their historical energy usage and (4) a signature and title
of a facility manager on a completed assessment form acknowledging that the
business has received a completed assessment and relevant information about
voluntary energy efficiency improvement opportunities. The owner of a multi-
tenant commercial building or their designee (property manager) may, at their
discretion, authorize a whole building assessment replacing the need for
individual tenant assessments.
A. Assessment Notification Process. The City may send a notice to each
business at least once every three years in conjunction with the City's annual
business license renewal mailer providing information that facilitates the
scheduling of an assessment at the business's convenience. A business may
also receive a business assessment notice whenever a new license is required,
such as the establishment of a new business or transfer of ownership for an
existing business.
B. Assessment Deliverables. The assessment findings, provided to the
participating business on a form established by the City Manager in conjunction
with the local utility and business representatives, may include a chart of their
historical energy consumption, an estimate of potential energy and cost savings
4-10
from identified energy conservation and efficiency opportunities and an estimate
of the corresponding greenhouse gas emission reductions. The assessment may
also review water conservation, alternative transportation and other practices
which the business could implement and/or promote to its employees and
customers and an estimate of the resulting greenhouse gas emission reductions.
The City may offer participants assistance with completing the applicable rebate,
incentive and/or on-bill financing forms to facilitate the adoption of the identified
energy efficiency improvements and help reduce the business's time and cost of
implementing the voluntary measures. The City may also provide contact
information for the local utility's program staff that may further assist the business
in reducing its energy costs.
C. Exclusions. Because energy efficiency is commonly related to a facility's
age and design, a voluntary energy assessment is not recommended for new
businesses occupying a commercial space which have completed one of the
following: (1) been permitted by the City Building Division within the last three
years for a remodel or new construction to meet the most current City Title 24
and above standards, (2) has been certified through a California Energy
Commission-approved (or other applicable state agency) green building program,
or (3) has already received an assessment within the last three years. In addition,
assessments are not necessary for home offices, mobile businesses and other
business entities that do not have a utility gas or electric meter on a commercial
rate schedule. (Ord. 3119 S 1, 2008).
SECTION II. This ordinance shall take effect and be in full force thirty days from its
adoption.
Presented by
Approved as to form by
Michael Meacham
Director of Conservation & Environmental
Services
~~
Bart C. Miesfeld D'if'v7''1
City Attorney
4-11