SUSTAINABLE DEVELOPMENT CEB RPI The Challenges of Urban Development

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SUSTAINABLE DEVELOPMENT CEB RPI The Challenges of Urban Development Sheri Bonstelle Jeffer, Mangels, Butler & Marmaro, LLP October 5, 2007

SUSTAINABLE DEVELOPMENT DEFINITIONS Sustainable Development is defined as balancing the fulfillment of human needs with the protection of the natural environment, so that the development meets the needs of the present without compromising the ability of future generations to meet their own needs. In the 2005 United Nations World Summit, the UN provided an expanded definition of sustainable development that includes the interdependent and mutually reinforcing pillars of economic development, social development and environmental protection. Green Building is a process that creates buildings and supporting infrastructure that minimize the use of resources; reduce harmful effects on the environment; and provide healthier environments for people. Zero-Net Energy is self supporting development that harnesses natural energy to produce as much energy as it consumes, and Positive Energy development stores sufficient energy to support the building as well as the local community through efficient distribution of power.

SUSTAINABLE DEVELOPMENT STATE EXECUTIVE ORDER In 2004, Governor Schwarznegger executed the Green Building Order, which directs that future construction and renovation projects larger than 10,000 square feet meet LEED-New Construction Silver criteria in order to assure their energy and environmental performance. CalTrans Building, Silver LEED Project The state of California is also working toward achieving LEED-Existing Building certifications in buildings larger than 50,000 square feet to ensure that building occupants are incorporating energy efficiency and resource conservation measures in their building operations and maintenance.

LEED STANDARDS RATING LEVELS U.S. Green Building Council (USGBC) is a national non-profit group, which developed LEED (Leadership in Energy and Environmental Design) Standards for the certification of design, construction and operations of sustainable buildings and urban plans. LEED assesses the following project components: Site Planning Water Management Energy Management Material Use Indoor Environmental Air Quality Innovation and Design Practice Four LEED certification levels: Certified Silver Gold Platinum

LEED STANDARDS BUILDING TYPES RATING SYSTEM LEED Standards assess various building types, including: New Construction LEED for New Construction and Major Renovations is designed to guide high-performance commercial and institutional projects, with a focus on office buildings, but is also applied to multi-unit residential buildings, manufacturing plants and other uses. Existing Building LEED for Existing Buildings addresses maintenance issues, including chemical use; indoor air quality; energy efficiency; water efficiency; recycling programs; exterior maintenance programs, and system upgrades to meet green building energy, water, IAQ, and lighting standards. Commercial Interiors LEED for Commercial Interiors allows tenants to obtain LEED certification for tenant improvements, and focuses on high-performance interiors that are healthy work places, less costly to operate and maintain, and reduce the environmental footprint. Core and Shell Addresses divisibility of responsibility between owner and tenant, and discusses base building systems, including structure, HVAC, and building envelope.

LEED STANDARDS MARKET SECTOR RATING SYSTEM LEED standards also provide separate analysis for different uses, including: Campus/Multiple Buildings Provides direction in applying LEED New Construction standards to projects in a campus or multi-building setting, such as corporate campuses, college campuses, and government installations. Schools Based on LEED for New Construction, LEED for Schools addresses issues such as classroom acoustics, master planning, mold prevention, and more. LEED for Schools is currently in the final step in the LEED development process. Retail LEED for Retail addresses the unique challenges and opportunities of implementing green building strategies into retail projects, and USGBC is currently commencing a pilot test of the draft standards. Neighborhood Development Current pilot program integrates the principles of smart growth, urbanism, and green building into the first national standard for neighborhood design. Homes Current pilot program focuses on healthy indoor standards and energy efficient appliances, and has certified over 200 homes nationwide.

LEED STANDARDS NEIGHBORHOOD DEVELOPMENT PILOT PROGRAM In 2007, USGBC introduced the national Neighborhood Development Pilot Program, and will provide standards by 2009. The Neighborhood Development Pilot Program extends LEED analysis from buildings to larger urban planning principals, and includes Universal Village as a pilot project. Universal Village, Plan and Rendering The Universal Village plans include features to reduce stormwater runoff, retain significant open space, promote transit and utilize sustainable construction materials and design methods.

LEED STANDARDS HOMES PILOT PROGRAM In 2000, USGBC introduced the national Homes Pilot Program, and is currently receiving and reviewing public comment. Deopt Walk, an all solar power, LEED Certified Residential Community in Orange County A green home uses less energy, water and natural resources; creates less waste; and provides a healthier environment. The benefits of a LEED home include lower energy and water bills; reduced greenhouse gas emissions; and less exposure to mold, mildew and other toxins. The 2006 Initiative for Affordable Housing promotes sustainable building practices specifically for affordable homes, and recognizes and rewards the intrinsic resource efficiencies of affordable housing within the LEED for Homes rating system.

LEED STANDARDS CERTIFICATION PROCESS Registration An applicant must register a project online and pay the fee ($600), and begin preparing documentation of the project in compliance with the credit requirements current on the registration date. Review USGBC has established a review process for registered project inquiries, called credit interpretation requests (CIRs), to ensure that rulings are consistent and available to other projects. CIRs cost $200 per inquiry. Certification The project must satisfy all of the prerequisites and a minimum number of points to attain a LEED rating level. The application requires project drawings, renderings, project narrative, LEED letter templates and documentation, and project checklist. The design and construction review phases may be submitted together or separately after the design and construction phases. Expedited review is available for an additional $10,000. Project teams may appeal the rating within 25 days. The applicant must pay an additional certification fee based on floor area. USGBC refunds certification fees for Platinum LEED projects.

GREEN BUILDING STANDARDS OTHER PROGRAMS Green Globes The Green Globes environmental assessment and rating system originated in 1996 in Canada and the Green Building Initiative (GBI) acquired the rights to distribute Green Globes in the US in 2004. It became the official ANSI green building standard in 2005. GBI initially was focused on the residential market. Green Globes rates projects according to project management, site, energy, water, resources, emissions and other impacts and indoor environment. Where LEED requires third party certification, Green Globes provides it as an option, but allows self certification. GBI has applied to make Green Globes a consensus-based ANSI standard by 2007.

CITY OF LOS ANGELES SUSTAINABLE BUILDING IMPLEMENTATION PROGRAM - MUNICIPAL Since 2002, LEED Certified Level required for all new City building projects 7,500 sf+. In 2007, City Council considers LEED Silver Level for certain buildings, and the Mayor states support for the action. Silverlake Library, Gold LEED Certified Level LA Sustainable Building Initiative adopted: - Energy Efficiency - Water Efficiency - Worker Productivity - Reduced Operations and Maintenance Cost - Waste Reduction and Resource Conservation

CITY OF LOS ANGELES GREEN BUILDING PROGRAM PRIVATE SECTOR In 2007, City Council approved a motion to extend LEED standards to the private sector, and to create green building program. Working group draft recommendations: W Hotel, LEED Certified Level - All projects at a baseline of sustainability compliance - Projects with 50+units or 50,000sf require LEED Certified level - Projects that are Silver LEED level will receive development and processing incentives, including reduced parking, additional density and FAR - City oversight team will review sustainability level at 4 stages.

CITY OF SANTA MONICA SUSTAINABLE CITY PROGRAM MUNICIPAL The 2003 Sustainable City Plan provides nine guidelines and is overseen by the Sustainable City Task Force. The City of Santa Monica committed every City building to be Silver LEED Certified. Santa Monica Library Gold LEED Certified. Includes Energy Star reflective roof, electric car charging, stormwater storage to irrigate garden, solar electric panels. Colorado Court and Virginia Avenue Park Colorado Court Affordable Housing Gold LEED Certified. A partially City funded, 44-unit affordable housing project. Building will produce 92 percent of its own power with 199 solar panels and natural gas generator. Virginia Avenue Park is Silver LEED Certified.

CITY OF SANTA MONICA GREEN BUILDING PROGRAM PRIVATE SECTOR 2002 Green Building Ordinance establishes requirements for energy efficiency, recycledcontent materials, and other green building standards, including residential, hotel, commercial, light industrial and retail uses. The Title 24 2005 Energy Efficiency Standards update the energy efficiency requirements. Construction and Demolition Ordinance requires a reduction in solid waste from construction activities. Expedited plan check for LEED projects; LEED certified grant program. NRDC Headquarters, Platinum LEED Level The Online Design Advisor provides sustainable requirements based on project type and size. Additional resources include online Guidelines and Green Building Resource Center.

CITY OF WEST HOLLYWOOD Green Building Programs Municipal and Private Development Pacific Design Center Effective October 1, 2007, the Green Building Ordinance applies to new residential (3+ units) and commercial projects, tenant improvements and remodels, and specifically requires: - 80% construction waste diverted from landfill - Roof layout to show existing or future solar - Construction air quality management plan - Low VOC paint and wood finishes - Energy Star appliances in residences - Conserve water, minimize drainage and improve water quality through material use, irrigation systems - Bicycle parking, City s Transportation Demand Management Program compliance - Revised energy efficiency standards in Title 24 All projects must receive 60 points, and one incentive allowed at 90 points. LEED Certified projects are exempt. All municipal new construction, renovations or public building tenant improvements to be LEED Certified level.

STATE OF CALIFORNIA Green Building Requirements State Buildings Governor Arnold Schwarzenegger signed Executive Order S-20-04, regarding Green Buildings in 2004, which established the State of California's priority for energy and resourceefficient high performance buildings. The order also directs compliance with the Green Building Action Plan. CalTrans Building Since that time, State funded buildings have provided technical innovation in sustainable design. The CalTrans Building in Los Angeles integrates a unique exterior skin comprised of operable aluminum panels that shield the east and west facades from direct sunlight. On the south wall, a series of photovoltaic cells will generate an electric output of 92 kw, contributing to the building s sustainability. The building is Silver LEED certified.

MIXED USE RESIDENTIAL/COMMERCIAL BLVD 6200 The Clarett Group Project Description 7.3 acre site used for surface parking 6-story, 1.13 million sf project 175,000 sf neighborhood serving retail 1,014 rental units 28 live-work units for entertainment use 100+ affordable housing units

MIXED USE RESIDENTIAL/COMMERCIAL BLVD 6200 The Clarett Group LEED Certified Level MTA station entrance; MTA promotional plan Bicycle Racks 10 Flexcar spaces; Preferential parking for hybrid vehicles Recycled content building materials and products Energy Star certified appliances and equipment Native low-water plants and landscape

RETAIL COMMERCIAL USE 1130 S. Gayley Hollywood Theater Company Project Description One-story project with rooftop parking 10,000 sf neighborhood serving retail Active streetscape with glass storefronts and ground level landscaping

RETAIL COMMERCIAL USE 1130 S. Gayley Hollywood Theater Company LEED Silver Level Rooftop solar photovoltaic panels that shade roof and parking stalls Recycled materials; PPG fritted glass and solar control low-e glass with recycled content; Lithocrete paving materials Bicycle racks Low-water plants Energy efficient equipment

MUNICIPAL BUILDINGS West Hollywood Library City of West Hollywood Project Description Gateway to City on West Hollywood Park 3-story, 48,000 sf Multiple uses including children s library, career development center, public meeting rooms 90 car parking structure First of four phase master plan

MUNICIPAL BUILDINGS West Hollywood Library City of West Hollywood LEED Silver Rating Oriented to maximize use of natural sunlight and access to adjacent park Recycled content materials Energy efficient equipment City Council debated Silver Rating goal due to cost

COST OF SUSTAINABLE DEVELOPMENT USGBC FINDINGS Pursuant to a USGBC study of 40 office and school buildings, the additional cost of green building at each performance level is: Certified Silver Gold Platinum.66% 1.9% 2.2% 6.8% However, based on a 2006 Cost of Green Revisited study by Davis Langdon, USGBC now concludes that there is no significant increase in cost for a Certified or Silver level. The Davis Langdon study examined the cost of incorporating individual sustainable elements, the cost of green buildings compared to regular buildings with a similar program, and the cost of green buildings compared to their original budget. The study concludes that there is no significant difference in average costs for green buildings, but acknowledges the cost of documenting the process to receive certification.

COST OF SUSTAINABLE DEVELOPMENT OTHER STUDIES In The Costs and Financial Benefits of Green Buildings: A Report to California s Sustainable Building Task Force, dated October 2003, Greg Kats demonstrates that sustainable building is a cost-effective investment. The study finds that a minimal investment of an additional 2 percent of construction costs results in a life cycle savings equal to 20 percent of construction costs, as well as providing added environmental and human health benefits. The GSA LEED Cost Study, dated October 2004, determined that for courthouse projects, the construction and design costs increase 1 percent for Certified LEED projects, 4.3 percent for Silver LEED projects, and 8.1 percent for Gold LEED projects. For office buildings, the costs increase 2.1 percent for Certified LEED projects, 4.1 percent for Silver LEED projects and 8.2 percent for Gold LEED projects.

COST OF SUSTAINABLE DEVELOPMENT LEED HIDDEN COSTS AND ISSUES Hidden Costs. The LEED certification process is expensive, time consuming and lags behind the most recent environmental building practices due to a three year period between versions. No-Credit for Environmental Advances. LEED does not provide credit for certain energy saving practices required in some areas, such as carbon dioxide emissions relating to a buildings operation and earthquake survivability, which conserves resources in case of disaster. Costs Prohibitive for Non-Profit and Affordable Housing Developers. Critics state that LEED costs too much, is easily gamed and is too bureaucratic. A LEED certification can add $70,000 for a small building project, including consulting fees, extra design work, computer modeling, certification, energy management and LEED paperwork.

FUTURE TRENDS TOWARDS A SUSTAINABLE FUTURE Higher Environmental Standards for New and Existing Buildings in Major Cities Development Incentives for Higher Level of Sustainability City Sponsored Grants for Sustainable Design and Construction Rebates for Installation of Energy Saving Equipment