Thursday, February 26, 2009

What Does AB 32 and SB 375 Mean For Development?

David Neault, President, DNA, Inc.

Many in the development community, whether private or public sector, have lots of questions and some even fears about what changes AB 32 and SB 375 will bring to the industry. Others scoff and dismiss the bills as toothless, having loopholes and only as strong as the agencies that are required to act on it. With all the attention these two bills are getting, I decided to do some research on the subject and share my findings. Here’s what I discovered about these two bills:

Global Warming Solutions Act of 2006 (AB 32) mandates that carbon emissions be reduced to 2000 levels by 2010, 1990 levels by 2020 and 80% lower than 1990 levels by 2050. California Air Resource Board (CARB) is the responsible agency and they are charged with developing and implementing a plan to reduce greenhouse gases (GHG) that is cost effective, real and quantifiable. There are timelines for CARB to achieve certain results through 2020. Recently, a Scoping Plan prepared by CARB was adopted that identifies a complete range of measures and means to make the required carbon reductions.

SB 375 crafted by Senator Darrell Steinberg is one of the measures that helps achieve the goals of AB 32. The law targets the largest producer of GHG; light trucks and cars. Transportation is responsible for 40% of the States GHG emissions with 30% coming from light trucks and cars. So this bill seeks to reduce vehicle miles traveled (VMT) by tying regional transportation plans with land use and housing. At the heart of this bill is the desire to curb sprawl, encourage infill development, require local governments to look at land use policies that are regionally based; in short, design community plans that take Californians out of their cars and improve our quality of life. On a fact sheet from the Governor’s office it is stated that, “SB 375 will be responsible for reshaping the face of California’s communities into more sustainable, walkable communities, with alternative transportation options and increase quality of life.”

As with AB 32, CARB is the agency responsible for implementing the goals of this bill. Their first task is to determine regional targets for GHG reductions in order to meet AB 32 levels in 2020. Each of the 18 Metropolitan Planning Organizations (MPO) will be given these targets by September 30, 2010. In January of this year 21 persons from various planning, governmental, environmental and development backgrounds were appointed positions on a Regional Targets Advisory Committee (RTAC). This high powered committee will work with CARB in determining what these GHG reductions targets will be in order to meet the September 30, 2010 deadline. Once these levels are delivered to the MPO’s they will work on creating a “Sustainable Community Strategy” to show how these targets will be reached. This plan will then need to be coordinated with the Regional Transportation Plan.

Another key component of this plan is that it connects Regional Housing Needs Assessment (RHNA) to the Regional Transportation Plan (RTP). Both the RTP and the RHNA need to be coordinated and together they will be updated every eight years. Additionally, the RHNA needs to comply with the Sustainable Community Strategy so local governments will work with the MPO’s to receive their fair share of the regional growth. The adherence to the plans by the counties and cities will ensure transportation funding from the State.

SB 375 rewards heavily those transportation oriented developments and higher density infill projects with CEQA exemptions and streamlining. Plans that are aimed at providing 50% residential use, minimum densities of 20/du, FAR for the commercial portions of the project at 0.75 and located with a half mile of transit are eligible for a full CEQA exemption. This encourages mixed use projects, low income housing and is biased towards providing housing in the areas that are already rich in transportation elements.

You can see that there are a lot of moving parts to the process. Many think that the bill has gaps and lack specificity requiring other bills and legislation to accomplish its intended goal. The bill gives some wiggle room for local governments to create alternative plans if they are not able to meet the Sustainable Community Strategy.

Finally, AB 32 and SB 375 represent a significant change in the way that we plan our communities. The push to reduce GHG emissions will force public and private sectors in the housing industry to work together creatively within the structure of the law. “If necessity is the mother of invention”, then the years ahead promise many inventive and innovative ways to look at development. If the goal is reduction of GHG and a cleaner environment, resulting in communities that are healthier, more walkable, less fossil fuel dependant and foster better socialization: than the efforts and change will have been well worth it.

What does this mean for the Development Community? We will be well advised to begin dialogues between private developers, consultants, Cities and Counties relative to taking a regional approach to land planning and development. Although we don’t know specifically what the Sustainable Community Strategies created for each of the Cities and Counties will be, we do know a lot about what kinds of regional and community design elements will reduce carbon output. By working collaboratively together we can share our ideas, experience and vision and begin devising strategies and processes that benefits all. This economic slowdown will come to an end…sooner than later I would hope; and it will be a tragic mistake if we have not prepared ourselves for this next step. If the land planning that we are presently engaged in does not proactively engage sustainable design elements we run the risk of producing plans that will be not be approvable. This is a waste of precious time and economic resources. We all know what happens when we wait for someone else to make decisions for us. Being collaborative in a proactive search of finding solutions to reducing our carbon footprint has the promise of a much more successful outcome. We as a company have dedicated ourselves to the research of creating sustainable communities. Please feel free to give us a call. We would be happy to review your current plans and offer suggestions on how to make changes that will fit the emerging sustainable development model.

Please call Peggy Newman at 951.296.3430, ext. 200 to set an appointment.

EASY STEPS TO A GREENER OFFICE

DNA is committed to promoting a sustainable environment both at home and at the office. Here are a few tips you can do to get started in making your office a “greener” place.

  • Switch to recycled printing and copy paper
  • Use refillable ink cartridges for printers
  • Print on both sides of the page
  • Switch to compact fluorescent bulbs – saves energy and money
  • Make sure lights, computers and other electronics are turned off or put on sleep mode when not in use
  • Get recycle bins – paper, cardboard, cans and plastic bottles
  • Use recycled bathroom products
  • Cut back on your commute – carpool, telecommute, create net meetings with consultants and clients, bike, walk or take public transportation
  • Make a pact with other employees – pack a lunch using reusable containers
  • With your email signature put a simple sentence asking people not to print your email unless necessary
  • Make your office as paperless as possible – send newsletters and memos through email and avoid printing unnecessary documents or information
  • Use a programmable thermostat
  • Use a water cooler, rather than everyone using water bottles

Every little bit helps and these simple steps can make a big impact on our environment!

WHAT’S IN OUR DNA?

Shane Preston, Senior Designer – A Man With A Passion For Growing Things

For over 24 years, Shane Preston has been involved with things that grow. He started in the landscape design business right out of high school, working with his father, James Preston, ASLA, who was a highly regarded landscape architect in Los Angeles. And he hasn’t stopped since.

Shane grew up in the landscape design business and his passion for creating innovative, sustainable designs led him to his current position as Senior Designer at DNA. At DNA he spends his weekdays designing landscape plans for a myriad of projects and his evenings and weekends growing his family of seven children. Yes, that’s right seven children. As you can see, Shane is passionate about growing in both his professional and personal life.

As a designer at DNA, he uses his inventive nature and quest to “find a different” way to create landscape design solutions that are creative, beautiful and friendly to the environment. An out-of-the box thinker and designer, Shane uses his critical design eye to find new ways to solve age-old problems of designing landscape plans that will really grow and prosper within every environment.

Shane understands all aspects of landscaping and design which gives him an edge when designing solutions for projects that may have significant environmental challenges. Since Shane has been both the designer and the landscape installer, he is familiar with the techniques used for proper planting, irrigation, drought tolerance and plant selection. This gives Shane the insight into how to best approach any landscape project with the confidence that he will create the best possible design for his client.

Shane is the resident native plant expert at DNA. Having grown up in California he was always interested in creating landscape designs that incorporate the best of what this region has to offer. Shane says, “There are so many beautiful California native plants and it is always my goal to group and arrange them naturally in such a way as to use as little water as possible while providing the maximum amount of visual interest…a truly sustainable planting plan is one that can eventually naturalize and be supported by the regions annual rainfall, a lofty goal but one worth pursuing in certain situations.”

With Shane’s 24 years of experience he has designed and planned commercial, institutional, civic, single and multi-family residential projects. He brings to the DNA team expertise in design, photo realistic rendering, construction materials and plant selections as well as graphic design. “Shane is an Artist”, says David Neault, “…he came to DNA with incredible pen and ink drawing and AutoCAD skills. Over the years he has both pioneered and mastered the computer programs of Photoshop and Sketch-up to illustrate his creative landscape designs yielding drawings that are so realistic they almost look like photographs!”

An avid fan of the History Channel, Shane enjoys learning about what came before him so he can use the past to forge a new future. He also plays guitar and bass at his church and is accompanied by his lovely wife and best friend, Margie, who is also a musician.

Shane has been a member of the DNA team since 2003. He enjoys the positive and encouraging atmosphere within the firm and praises David Neault for his penchant for sharing information openly to all members of the team.
“David always pushes us to grow, to go the extra mile, to re-think a design and make sure we have the best solution possible. It is a pleasure to work in such a positive and rewarding environment.”

*Notable Shane Preston projects

Disney Animation Studio – Burbank, CA
Marriott Hotel – Anaheim, CA
Century Stadium Promenade – Orange, CA
Veterans Memorial – Murrieta, CA

CALIFORNIA’S WATER SHORTAGE AND AB 1881 LEGISLATION UPDATE

Suzanne M. Palmer, Principal, DNA Inc.,

I remember growing up in the 70's in a rural Southern California town in North San Diego County. Dad would "take us four wheeling" in our bright orange Chevy Blazer on the weekends. We would bounce over rutted, muddy, dirt roads through orange groves and Eucalyptus trees. Our destination was remote water tanks, storage ponds, pump houses and reservoirs under the disguise of a "family four wheeling excursion". He never fooled me; I knew he was checking on his projects. As for me, I loved both the trip and the destination. My Dad was an engineer for a water district for 28 years, so I learned at a young age blazing over those dirt roads on weekends what amount of effort it took a small town to provide a safe reliable water source to its community. My years as a student of Landscape Architecture in the 80's reinforced that experience so much so that my Senior Project was a report on the significance of Southern California's limited potable water resources and translated it to the efficient use of water in the landscape. Let's face it "being green" about landscape water efficiency isn't anything new; it just has different players, new regulations, and bigger consequences for the economy and the consumer.

When I was at Cal Poly Pomona back in the 80’s, California was reeling from several consecutive years of drought from 1976-1977, 1987-1992, coupled with a reduction in water allocation from the Colorado River Aqueduct. The State of California responded to the reduction in supply and the increase in potable water demand with Assembly Bill 325. In September of 1990, AB 325 was signed by Governor Wilson approving the Water Conservation in Landscaping Act requiring the Department of Water Resources (DWR) to adopt a Model Water Efficient Landscape Ordinance. With the reduction of our California potable water supply AB 325 forced cities, counties, landscape architects, and the development community to change the way the landscape was planned and designed. So in response landscape design methods were developed that reduced the need for supplemental irrigation water and the term “Xeriscape” was coined. The State Model Water Efficient Landscape Ordinance brought an awareness of our dependency on potable water and developed a new platform for building stakeholder relationships to discuss the need for reducing the potable water demand in the landscape.

Ten years after AB 325 went into effect a report was published called “Water Efficient Landscape Ordinance: A Statewide Review”. The report analyzed the ordinance and it’s effectiveness on several levels. The study team conducted in depth interviews of stakeholders within 140 cities and 11 counties affected by the Ordinance. The results of the survey found positive feedback in implementing the Act such as improved landscape designs using drought tolerant plants, an improved level of efficient irrigation systems and an increased use of water budgeting. However, the study also stated there was an inconsistency with standards, implementation and post construction follow-up as well as a general lack of using the data required by the Act. However, one can’t deny the fact that the paradigm shift of designing for a sustainable future was set in motion during this time.

Here we go again!

We are in the midst of revisiting issues similar to those we responded to in1990, but this time I would go out on a limb and say that we are wiser than before. Stakeholders from various agencies, sectors, and disciplines are analyzing this situation from a more comprehensive perspective. Currently, we are in the third year of another drought as described on the California Department of Water Resources Website http://www.water.ca.gov/drought/. And again we face the reality of a reduction in our water supply allocation. This time it is from a court ordered restriction on one of our largest water supply systems from the Sacramento Delta. In response California again passes legislation updating AB 325. In November of 2006, Governor Schwarzenegger signed the Water Conservation in Landscaping Act of 2006 (AB 1881). AB 1881 requires the State of California Department of Water Resources (DWR) no later than January 1, 2009 by regulation to update the State Model Water Efficient Landscape Ordinance Assembly Bill 325. Riverside County responded with a Water Task Force and a Landscape Efficiency Sub committee made up of public agency, water district, private sector professionals to analyze and comment on AB 1881 and its adaptation into Riverside County’s Landscape Ordinance 859. I joined the Task Force Sub Committee and offered my knowledge and experience from a Landscape Architect’s viewpoint. Time marches on and DWR gave notice on February 8, 2009 that the public comment period conducted in 2008 was closed and a rulemaking action was filed to adopt the ordinance into law March 1, 2009. To read AB 1881 in detail refer to the California Department of Water Resources website

http://www.owue.water.ca.gov/landscape/ord/updatedOrd.cfm


So what does this mean for the planning and development community?

City and County government agencies and water purveyors throughout the State of California must either adopt the State Ordinance or some adaptation of their own landscape water efficiency ordinance. The implementation of the ordinance will vary with each entity but largely all agencies incorporate the objective of promoting water-efficient landscaping and effective water use management without declining in landscape quality.

The implementation of AB 1881 applies to “all projects that require permits, plan checks, design reviews and approvals including public and private development projects and existing properties with landscape areas one acre or greater.” Most significantly AB 1881 reduces the maximum water demand goal from 80% to 70% of its reference evapotranspiration and it requires the following; no overhead spray irrigation within 24” of a non-permeable surface, the use of drip irrigation or other low volume irrigation on slopes greater than 25%, the design must incorporate a “smart ET based irrigation controller and planting design must be based on plant group hydrozones of water needs. Within the context of these principle elements additional documents, irrigation schedules and soil analysis reports are required. AB 1881 attempts to close the loopholes of AB 325 by implementing regulation from the “ground up” so to speak.

The goals are ambitious but achievable because the comprehensive viewpoint provides an ultimate goal of reducing potable water demand and overall landscape management. And to me, that simply translates to upfront planning for lower HOA and LMD fees. Yes, it is a paradigm shift but by developing an interdisciplinary team of professionals that are educated in resource planning, technology and management we can begin to get this economy not only moving again but moving in a direction that will help us to sustain our California lifestyle.
So as we continue through the first quarter of 2009, review those projects that have been “shelved”. This time be cognizant of AB 1881 and the Landscape Water Efficient ordinances of the governing agencies and the Water District servicing the project area. DNA can assist in reviewing current plans and making recommendations on how to best move forward to ensure compliance with this legislation. Please call Peggy Newman at 951.296.3430, ext. 200 to set an appointment for a DNA Landscape Efficiency analysis of your projects.

Sidebar

DNA has been a consultant with Eastern Municipal Water District (EMWD) since 2008 and has collaborated with the Engineering, Operations, and Conservation departments at the district, developing long range plans, program analysis and on-going user management of irrigation efficiency and implementation for Recycled Water Irrigation Systems. EMWD adopted Ordinance 72.11 and subsequent ordinances in response to AB 325 and Riverside County Ordinance 859. The ordinance allows the District to require the use of recycled water instead of potable water for landscape irrigation purposes whenever possible, and implements water budgets for new commercial, industrial and institutional accounts. Due to our diverse knowledge base in Riverside County and within EMWD’s service area, DNA can assist the development community on project analysis and planning management projections.