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Home My WebLink AboutOrd 2009-3135ORDINANCE NO. 3135 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING 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 of Chula 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 Solaz 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 CVMC. Electrical Code and Regulations, see Ch. 15.24 CVMC. Plumbing Code, see Ch. 15.28 CVMC. 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 § 1, 2008; Ord. 1973 § 1, 1982). 20.04.020 Conflict with other provisions. Portions of this chapter which are in conflict with other sections of the municipal code aze intended to be exceptions to those sections and shall take precedence over such sections. (Ord. 3119 § 1, 2008; Ord. 1973 § 1, 1982). Ordinance No. 3135 Page 2 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. "Solaz photovoltaic" means a method of capturing energy from sunlight and converting it to electricity. H. "Solaz water heater" means a method of heating domestic water by allowing solaz energy collection devices to transfer solar heat energy to water. (Ord. 3119 § 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 solaz 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 Solaz Water Heater Pre-Plumbing Installation Requirements aze 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 solaz hot water heating cannot be reasonably overcome. (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 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 installation of renewable energy systems as residents' primazy 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 aze 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. Ordinance No. 3135 Page 3 20.04.050 Business energy assessments. All commercial and industrial businesses in the City of Chula Vista aze 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 aze recommended when a new business license is issued or once every three yeazs 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 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 yeazs 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 IL This ordinance shall take effect and be in full force thirty days from its adoption. Presented by Ivli~-t~vleacham _ _ __ _ __. Director of Conservation and Environmental Services Approved as to form by ~, ~, C. Nliesf 1 City Attorne~y~ Ordinance No. 3135 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of August 2009, by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann 6 Cheryl Cox, ayor ATTEST: o Donna R. Norris, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3135 had its first reading at a regular meeting held on the 21st day of July 2009 and its second reading and adoption at a regular meeting of said City Council held on the 4th day of August 2009; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 4th day of August 2009. ~ I/~ fl,cQl~(..G(LZ /~:~/~r-moo Donna R. Norris, CMC, City Clerk