HomeMy WebLinkAbout2009/12/08 Item 3
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ORDINANCE NO. ~~O~
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AN ORDINANCE OF THE CITY OF CHUJ,/~~~A AMENDING
CHAPTER 20.04 OF THE CHULA Y~}MUNICIPAL CODE TO
REQUIRE NO-COST RESOURCE A~ENERGY EY ALUATIONS
AS PART OF THE BUSINESS LICENSE PROCESS AND
AMENDING THE CROSS REFERENCE IN CHAPTER 5.02
The City Council of the City ofChula Yista does ordain as follows:
SECTION 1. That Chapter 20.04 of the Chula Yista Municipal Code is hereby amended to
read as follows:
Chapter 20.04
ENERGY & WATER CONSERYATION 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 prewiring.
20.04.050 Business resource and energy evaluations.
CROSS REFERENCE: Business Licenses Generally, see Ch. 5.02 CYMC. Electrical Code'
and Regulations, see Ch. 15.24 CYMC. Plumbing Code, see Ch. 15.28 CYMC.
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. 3135 S 1,2009; Ord. 3119 S 1,2008; Ord. 1973 S 1,
1982).
20.04.020 Conflict with other provisions.
Portions of this chapter which are in conflict with other s~ctions of the municipal code are
intended to be exceptions to those sections and shall take precedence over such sections. (Ord.
3135 S 1,2009; Ord. 3119 S 1,2008; Ord. 1973 S I, 1982).
20.04.025 Definitions.
The following words and phrases, when used in this chapter, shall be construed as defmed
in this section:
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A. "Energy arid. w~t.er. conservation" means reduction of energy and water use achieved by
relying on changes to 1Jeh~viof.
B. "Energy and water efficieJ;:lcy~. means activities or programs that reduce energy and
water use by upgrading to more efficienCequipment or controls.
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C. "Evaluation" means a written evaluation of a facility's energy and water use from
building systems, appliances and office equipment.
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 photo voltaic" 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. 3135 S 1,2009; 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. 3135 S 1,2009; Ord. 3119 S 1,2008; Ord. 1973 S 1,1982).
20.04.040 Solar photovoltaic prewiring.
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' 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. (Ord. 3135 S 1,2009).
20.04.050 Business resource and energy evaluations.
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All commercial and industrial businesses in the City of Chula Vista are required to
participate in a free resource and energy evaluation of their facilities to help them identify
energy and water efficiency and conservation opportunities that potentially reuuce participants'
recurring utility costs and corresponding greenhouse gas emissions. Evaluations are required
when a new business license is issued and not more frequently than once every three years or
less frequently than once every live years for a renewed business license. Businesses are
required to cooperate with City staff or their delegate(s) by providing: (A) a date and time for
the evaluation convenient for the business, (B) access to their facilities for the evaluation
during their regular business hours, (C) authorization to review their historical energy and
water usage, and (D) a signature by the business's on-site representative on a completed
evaluation form acknowledging that the business has received a completed evaluation and
relevant information about voluntary energy and water efficiency improvement opportunities.
Businesses are not required to complete evaluations for facility areas beyond their operational
control. The intent of this ordinance is to provide businesses with a no-cost evaluation.
A. Evaluation Notitication Process. For existing licensed businesses, the City will send a
written notice not more than once every three years through the annual business license
renewal package distributed by January 1st. The notice will inform businesses of their
evaluation requirement for that calendar year and provide information allowing them to
schedule an appointment at their convenience. Businesses will be required to schedule an
cvaluation for the calendar year by March 1st. For newly licensed businesses, the City will
send a written notification about their evaluation requirement for that calendar year and shall
provide them with the contact information needed to schedule an evaluation assessment within
60 days. If an existing or newly licensed business does not set an appointment during the initial
60-day scheduling period, the City shall set an evaluation date and time for the business during
their regular business hours. If desired, the business may reschedule the evaluation
appointment for some time during that calendar year or the next 90 days whichever is greater.
B. Evaluation Deliverables. The evaluation 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 and water consumption,
identified conservation and efficiency opportunities, potential utility cost savings and an
estimate of the corresponding greenhouse gas emission reductions. The assessment may also
review alternative transportation and other sustainable 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 also provide information and assistance
regarding federal, state and local rebate programs for efficiency retrofits and low-cost
financing options to help reduce the business's time and cost of implementing the voluntary
measures. The City may also provide contact information for the local utilities' account and
program staff and utility-approved Chula Vista contractors that may provide services identified
in the evaluation.
C. Enforcement. Businesses, which do not respond to the appointment notification process
and provide access for the on-site evaluation, shall be sent a follow-up notice with a 30-day
opportunity to cure. Unresponsive businesses will be sent a second 30-day reminder notice.
Businesses, which do not cooperate after the second reminder notice, will be assessed a fine
that shall be set in the Master Fee Schedule. The fine will be collectable on the following
year's business license and incur a 6% interest rate per annum. Staff may administratively
reduce or eliminate any portion of the fine for any business that completes the process. Failure
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to participate in the assessment process shall not result in the suspension of a business license
or permit to occupy the business premises. Any fines collected through ordinance enforcement
will be appropriated to a Business Conservation Fund which will be used to purchase devices
to distribute to businesses to help them voluntarily reduce their energy and water costs.
D. Exemptions. Home offices, mobile businesses and other business entities that do not
have a commercial utility gas or electric meter are exempt. Businesses occupying a facility
which has. had a completed evaluation within at least 3-years through the City's program or
through a similar energy audit program (SDG&E or other City-recognized program) will be
exempt including facilities having multiple business licenses. The City will also provide an
exemption to businesses that participate in a greenhouse gas emissions reporting program
(Federal Environmental Protection Agency, The Climate Registry, or other City-recognized
program) or possess a current City of Chula Vista CLEAN Business certification. Finally, the
City shall grant any business with an exemption of at least 3-years when occupying newly-
constructed or remodeled facilities that have an approved Title-24 Energy Efficiency Report
with its building plans. These exemptions do not preclude any licensed business with a
commercial electrical or gas meter from requesting a free resource and energy evaluation at the
business's sole discretion.
SECTION II. That the Cross Reference section of Chapter 5.02 of the Chula Vista Municipal
Code is hereby amended to read as follows:
Chapter 5.02
BUSINESS LICENSES GENERALLY
CROSS REFERENCE: Business Resource and Energy Evaluations, see Ch. 20.04 CVMC.
Charitable Solicitations, see Ch. 9.21 CVMC. Obstructing Streets, see Ch. 12.12 CVMC.
Building and Construction Permits, see CVMC Title 15.
SECTION III. EFFECTIVE DATE
This Ordinance will take effect 30 days after its final adoption.
Presented by:
Approved as to form by:
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Michael Meacham
Director of Conservation & Env. Servo
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