HomeMy WebLinkAbout2013-12-03_3_LUEpolicy_PWRamirez, Gregg
Subject: FW: Land Use Element Amendment Advisory Committee Agenda Packet - December 3, 2013
- Additional Correspondence
From: Paul Watkins [mailto:paul@lawfriend.com]
Sent: Monday, December 02, 2013 3:37 PM
To: Ramirez, Gregg
Cc: Wisneski, Brenda; Brandt, Kim
Subject: RE: Land Use Element Amendment Advisory Committee Agenda Packet - December 3, 2013 -Additional
Correspondence
Dear Gregg:
Looking forward to our Land Use Element Amendment Advisory Committee meeting tomorrow
(Tuesday, December 3) at 3:30 PM (Friends Room).
I have now reviewed the "Draft Goals & Policies ".
I am certainly not an expert on AB 32 (Global Warming Solutions Act of 2006) and SB 375
(Sustainable Communities and Climate Protection Act of 2008).
However, in my view, the language proposed in many of the "Draft Goals & Policies" relating to
these Acts seems to have a slight bias in the direction of mandated sustainability, energy
reduction, water usage reduction, waste reduction, and grey water usage standards.
My concern (based on regrettable experiences in my practice) is that unless a city's
goals /policies /strategies are properly qualified and applied, some of our proposed "Draft Goals
& Policies" mandated standards relating to sustainability, energy reduction, water usage
reduction, waste reduction, and grey water usage may be used by less- than - innocent folks to
improperly block, delay, or deny well - qualified projects.
To this point, I have suggested in the attachment some "qualifiers" to the proposed "Draft
Goals & Policies" relating to the Acts so that our City's policy makers can continue to make good
discretionary judgments on projects guided by justified sustainability concerns but not
handcuffed by them. My comments are in a "redline" format reflecting the changes I would
propose to staff's recommended "Draft Goals & Policies ".
Thank you for considering my input.
Sincerely,
Paul
PS I have a meeting in Santa Ana on Tuesday starting at 5:00 PM and will need to excuse
myself a few minutes before 5:00 PM. Thanks, Gregg.
I
CITY OF NEWPORT BEACH; LAND USE COMMITTEE
Draft: "Goals & Practices"
(Paul Watkins' Suggested Revisions for Discussion at 12/03/13 Meeting)
LU 1.X Environmental Health
Promote reasonable sustainable land use and developmental practices which make efficient
that a -use of non - renewable resources and reduce or reasonably control
greenhouse gas emissions.
LU 1.X2 Healthy Population
Encourage reasonable PFemete land use and development practices which reasonably consider
and may promote the physical health of Newport Beach's residents.
LU 1.X3 Compatible Land Uses
Require that the scale and massing of new development provide appropriate and reasonable
transitions in building location, height, and bulk that are sensitive to the physical and visual
character of adjoining neighborhoods which tha�have lower development intensities and
building heights.
LU 2.X3 Locally -Grown Food
Promote the production and distribution of locally gown food by allowing a reasonable number
of farmers markets, food cooperatives, and neighborhood or community gardens.
LU 3.2 Growth and Change
Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses
that are complementary in type, form, scale, and character. Changes in use and /or
density /intensity should be considered eRly i^ these areas that a-R PGARAmmeally are
UndeFPe•FE)FrAing neeessa..• to accommodate Newport Beach's share of projected regional
population growth, improve the relationship and reduce commuting distance between home
and jobs, reasonably reduce or control greenhouse gas emissions and reasonably reduce or
control energy consumption, facilitate walking, bicycling, and transit uses, provide places for
people to congregate and interact socially, or enhance the values that distinguish Newport
Beach as a special place to live and work for its residents. The scale of growth and new
development shall be coordinated with the provision of adequate infrastructure and public
services, including standards for acceptable traffic level of service. (Imp 1.1, 2.1, 5.1, 10.2, 16.2,
16.3, 17.1, 18.1, 19.1, 22.1, 23.1, 23.2)
GOAL
LU X
Land use development practices that encourage rantribute to a sustained natural environment
for use by future generations, economy, and well -being of Newport Beach's residents, while
reducing or controlling greenhouse gas emissions to the extent possible or appropriateaad
Policies
LU X.X Regulating Sustainable Development
Encourage reasonable o.,....,.., and .,heFe . iat FeqUIF2 new .eve ,...„,,,nt and
sustainable building practices incorporating a "whole system"
approach to designing and constructing buildings which take into account and attempt to make
efficient use of that energy, water, and other resources, facilitate natural
ventilation, use daylight effectively, and are healthy, safe, comfortable, and durable to the
extent possible or appropriate.
LU X.X2 Existing Structure Reuse
Where reasonable, a €ncourage the retention, adaptive reuse, and renovation of existing
buildings with "green" building technologies to retain the structure's embodied energy,
increase energy efficiency, make it more energy efficient, and discourage4R4 the generation of
waste.
LU X.X# Sustainable Sites and Land Development
Encourage reasonable PFA„Atp land development practices that make efficient use Ofeedwee
energy and water consumption, and reduce or control (i) pollution, LLgreenhouse gas
emissions, and JWLwaste generation incorporating such techniques as:
• Geneentr atingan•d designing develepment + promoteing walking, bicycling, and use of
public transit as an alternative to automobile travel;
• managing 4"g and, where reasonable, re -using stormwater runoff on -site for
irrigation and groundwater percolation;
• to the extent possible, mManaging wastewater and using recycled water, including
encouraging the use of grey water;
• reasonably o rienting buildings to promoter a opportunities for solar energy use,
daylighting, and ventilation where possible or appropriate;
• where possible and reasonable, u4sing landscapes that conserve water and reduce
green waste;
• where possible and reasonable, Sshading of surface parking, walkways,. And plazas;
and /or
• r4ecycling and /or salvaging for reuse of construction and demolition debris.
LU X.X5 Heat Island Effect
To the extent possible, reasonable, and appropriate, #reduce the "heat island effect" by
promoting such features as reflective roofing, green roofs, light- colored paving, and reducing
the unshaded extent of parking lots with a dense tree canopy.
LU X.X6 Orange County Sustainable Communities Strategy.
To the extent possible, reasonable, and appropriate, implement practices for compact land
development, mixed -use, and comparable approaches to attempt to achieve objectives for
reduction of vehicle trips and commute distances, air pollution, greenhouse gas emissions and
energy consumption and improvement of public health consistent with applicable and
appropriate policies of the Orange County Sustainable Communities Strategy (SCS) under SB
375(Sustainable Communities and Climate Protection Act of 2008).
LU X.X7 Energy Efficiency
To the extent possible, reasonable, and appropriate, St4ye attempt to achieve a 15% reduction
in citywide energy use by 2020 implementing actions recommended in the City of Newport
Beach Energy Action Plan (EAP).
N:/PKW /City of NB Land Use Element Amendment rev 120213.doc