CC 03-16-2021 Item No. 14 Bird-Safe and Dark Sky_Staff PresentationMarch 16, 2021
Bird-Safe and Dark Sky
CC 03-16-2021 Item No. 14
Background
●FY 19/20 Council Work Program
●Outreach and meetings
●Community meetings
●Public hearings
●1-1 meetings
●Economic Development Committee
●Legislative Action Committee
Options for Council
●Conduct first reading of Bird-safe AND
dark sky ordinance
OR
●Conduct second reading for Bird-safe only
ordinance (Ordinance No. 21-2219) AND
●Conduct first reading for Dark sky
regulations (incorporate into Bird-safe
ordinance)
Applicability
Proposed
●Exemption
for R1
residences
outside of
“Bird-
Sensitive”
areas
Applicability –Alternative
●Adopt Screening criteria:
●Windows 12 s.f.or less exempt and/or
●Windows impeded by a building wall
within 10 feet exempt
Bird-Safe
Treatments
Other
●Commercial vs. Residential
●Could be resolved by adoption of
exemption for R1 outside Bird-
sensitive areas
●Existing Non-Conforming
●Retain non-conformity to extent
allowed by Chapter 19.140
Clarification Edits
●Plan design/certification
●Illumination levels –ext. lights only
●Illumination levels for service station
canopies clarified
●Defer to Building Code if conflicts
●Clarify ambiguities
Environmental Review
●Exempt from CEQA by:
●Section 15308
●Section 15301
●Section 15305
●Section 15061 (b) (3)
●Section 15300.2
Public Noticing and Outreach
Notice of Public
Hearing,Site Notice &
Legal Ad
Agenda
Legal ad placed in
newspaper (at least 10
days prior to hearing)
Display ad placed in
newspaper (at least 10
days prior to hearing)
Posted on the City's official
notice bulletin board (four
days prior to hearing)
Posted on the City of
Cupertino’s Web site (four
days prior to hearing)
Recommended Action
●Conduct public hearing and
●Conduct first reading for Ordinance No. 21-2255 “An
Ordinance of the City Council of the City of
Cupertino Amending City Code to add 19.102: Glass
and Lighting Standards and to Amend Chapter
19.40 Residential Hillside (RHS) Zones, Chapter 19.60
General Commercial (GC) Zones, Chapter 19.72
Light Industrial (ML) and Industrial Park (MP) Zones,
and Chapter 19.124 Parking Regulations to
Implement Birdsafe and Dark Sky Policies.”
(Attachment A) which includes a finding that the
proposed actions are exempt from CEQA.
Alternatively:
●Conduct the Public Hearing, and
●2nd Reading of Bird-Safe Ord.
●1st Reading of Dark-Sky with Bird-Safe