CC 04-06-2021 Item No. 16 Bird Safe Dark Sky Municode Amendment_Written CommunicationsCC 04-06-21
#16
Bird Safe Dark Sky
Municode
Amendment
Written Comments
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Cyrah Caburian
From:Rick Kitson <rick@cupertino-chamber.org>
Sent:Tuesday, April 6, 2021 11:55 AM
To:City Council; Deborah L. Feng
Cc:City Clerk; Piu Ghosh; Erick Serrano
Subject:Apr 6 Agenda Item #16: Municipal Code Amendments to adopt glazing and lighting regulations
to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky
and Bird-Safe Design. (Application No. MCA-2019-003 and MCA-2019-004; Ap...
Attachments:20210305 Letter to Council re Dark Sky (1).pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
1
Cyrah Caburian
From:Donna austin <primadona1@comcast.net>
Sent:Tuesday, April 6, 2021 1:49 PM
To:Rick Kitson
Cc:City Council; Deborah L. Feng; City Clerk; Piu Ghosh; Erick Serrano
Subject:Re: Apr 6 Agenda Item #16: Municipal Code Amendments to adopt glazing and lighting regulations
to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky and Bird-
Safe Design. (Application No. MCA-2019-003 and MCA-2019-004...
Attachments:20210305 Letter to Council re Dark Sky (1).pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Great letter and a positive message. Thank you for weight this. Donna
Sent from my iPhone
On Apr 6, 2021, at 11:55 AM, Rick Kitson <rick@cupertino‐chamber.org> wrote:
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Cyrah Caburian
From:Donna austin <primadona1@comcast.net>
Sent:Tuesday, April 6, 2021 4:06 PM
To:Rick Kitson
Cc:City Council; Deborah L. Feng; City Clerk; Piu Ghosh; Erick Serrano
Subject:Re: Apr 6 Agenda Item #16: Municipal Code Amendments to adopt glazing and lighting regulations
to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky and Bird-
Safe Design. (Application No. MCA-2019-003 and MCA-2019-004...
Attachments:20210305 Letter to Council re Dark Sky (1).pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Writing not weight
Sent from my iPhone
On Apr 6, 2021, at 1:49 PM, Donna austin <primadona1@comcast.net> wrote:
Great letter and a positive message. Thank you for weight this. Donna
Sent from my iPhone
On Apr 6, 2021, at 11:55 AM, Rick Kitson <rick@cupertino‐chamber.org> wrote:
20455 Silverado Avenue
Cupertino, CA 95014
Tel (408) 252-7054
www.cupertino-chamber.org
Anjali Kausar
Chief Executive Officer
2021 BOARD OF DIRECTORS
BOARD OFFICERS
Sean Panchal, President
First Maganson Holdings, Inc.
Marisa Spatafore, Immediate Past President
De Anza College
Claudio Bono, President-Elect
Cupertino Hotel
Keith Warner, Vice-President Finance
Pacific Workplaces
Rod Diridon Jr., Vice-President
Apple Inc.
Mark Tersini, Vice-President
KT Urban Properties
John Zirelli, Vice-President
Recology
BOARD MEMBERS
Rich Abdalah
Abdalah Law Offices
Donna Austin
Cupertino Historical Society & Museum
Polly Bove
Fremont Union High School District
Catherine Chen
State Farm Insurance
Danielle De La Torre
Meriwest Credit Union
Stacy McAfee
Cupertino Union School District
Paul Medawar
Hyatt House
Cristina Miller
Main Street Cupertino
Hanh Mo
Kaiser Permanente
Josh Selo
West Valley Community Services
Thalia Swangchaeng
Pineapple Thai
John Tang
San Jose Water Company
April 5, 2021
Cupertino City Council
10300 Torre Avenue
Cupertino, California 95014
RE: Dark Sky and Bird-Safe Ordinance
Dear Councilmembers,
The Cupertino Chamber of Commerce strongly supports the intended
outcome of the proposed ordinance. Our concerns are entirely regarding the
significant negative unintended impact of the ordinance as currently
designed.
As noted in the Chamber’s previous letter, there continue to be questions
about the ordinance, specifically in regard to subjective standards that are
used throughout the document.
Glare: “Glare” continues to be used in the ordinance as if it were an
objective and measurable feature of light. It is not. Light can be
measured, glare, as defined by the ordinance cannot. Enforcement of
glare standards must therefore be arbitrary.
Appropriate: “Lighting of an appropriate intensity…”, “Lighting
fixtures shall be appropriate in height, intensity, and scale to the use
they are serving.” It continues to be the wish of the Chamber that this
ordinance would be where “appropriate” intensity and “appropriate”
height, intensity, and scale would be defined.
As both automakers and the federal government commit to an expanded
market for electric vehicles, it is anticipated that property owners will
significantly increase the number of charging stations available in parking lots
throughout Cupertino. It is not clear from the ordinance that these anticipated
improvements would not also require retrofitting of all the associated
buildings and property to meet Cupertino’s new dark sky and bird-safe
standards. This uncertainty is a significant disincentive.
Any clarification of subjective standards and retrofitting thresholds will greatly
improve the efficacy and long-term success of the ordinance.
Thank you for your most serious consideration of this issue.
Respectfully yours,
Shyam Panchal
President, Board of Directors
Cupertino Chamber of Commerce
1
Cyrah Caburian
From:Connie Cunningham <cunninghamconniel@gmail.com>
Sent:Tuesday, April 6, 2021 4:24 PM
To:City Council; City Clerk
Subject:I support Item 16 Bird-Safe Design and Dark Skies!
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
SECOND READING OF ORDINANCES
16. Subject: Municipal Code Amendments to adopt glazing and lighting regulations to implement the
Fiscal Year 2019/20 City Council Work Program items related to Dark Sky and Bird‐Safe Design.
(Application No. MCA‐2019‐003and MCA‐2019‐004; Applicant: City of Cupertino; Location: City‐
wide)
Dear Mayor, Vice‐Mayor and Councilmembers:
I am excited to write in favor of Item 16 for enactment of Ordinance no. 21‐2225—Bird‐safe Design and Dark
Skies Ordinance!
I thank this Council for bringing forward this idea in the City Work Plan, and I thank the City Staff for their
excellent work in writing this ordinance.
Not only will millions of birds’ lives be saved with Bird‐Safe Design and Dark Skies changes to lighting
standards, but human beings will, also, live longer and healthier lives.
Sincerely,
Connie Cunningham
Resident and member of Santa Clara Valley Audubon Society (SCVAS)
Just a few of the beautiful birds whose songs and flight we will continue to enjoy for years to come!
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