Ordinance 3232CITY OF ALAMEDA ORDINANCE NO. 3232
New Series
ADOPTING NEW BIRD SAFE BUILDING STANDARDS AND
UPDATED OUTDOOR LIGHTING REGULATIONS CONSISTENT
WITH DARK SKIES STANDARDS IN CHAPTER 30 OF THE ALAMEDA
MUNICIPAL CODE (ZONING ORDINANCE).
BE IT ORDAINED by the City Council of the City of Alameda:
Findings.
In enacting this Section, the City Council finds as follows:
1 . The amendment maintains the integrity of the General Plan. The proposed
amendment to the Zoning Ordinance is consistent with the goals and policies of the
Alameda General Plan. The amendment would add new bird-safe building standards
in order to reduce bird deaths resulting from collisions with windows and other
transparent glass features. The standards are consistent with a guiding policy of the
Open Space and Conservation Element of the General Plan, that of preserving the
city's natural resources. The proposed text amendment for outdoor lighting regulations
is also consistent with policies of the General Plan to protect public health, safety, and
welfare of Alamedans by setting maximum standards for outdoor lighting to prevent
excessive up-light, glare and light pollution. ' ·.j
2. The amendment will support the general welfare of the community. The birds that
migrate through and live in Alameda are a valuable part of the natural environment
and setting. As recognized in the Open Space and Conservation Element, there is an
important interdependent relationship between human and other living communities.
By protecting bird life, the proposed regulations will support the general welfare for the
Alameda community. By regulating outdoor lighting to prevent light pollution and
glare, the proposed outdoor lighting regulations will also enhance the general welfare
of the community.
3. The amendments are equitable. The proposed amendment is equitable in that it
applies citywide, requiring bird-safe window treatment for projects that meet the size
thresholds and outdoor lighting to meet specific citywide standards.
4. The amendments are exempt from the California Environmental Quality Act.
The proposed amendments are categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section
15307, Actions by Regulatory Agencies for Protection of Natural Resources, which
exempts actions taken to assure the maintenance, restoration, or enhancement of a
natural resources including wildlife preservation activities. Moreover, each as a
separate and independent basis, this proposal is exempt from CEQA pursuant to
CEQA Guidelines Sections 15305, Minor Alterations to Land Use Limitations, 15183
n (projects consistent with General Plan and Zoning) and 15061 (b)(3) (general rule,
where there is certainty the proposal has no significant effect on the environment).
Section 1. Section 30-5.16 (Performance Standards for New Buildings and Uses) shall
be amended as follows (unchanged text in plain Aria! font; additions in single-underline
Aria! font; deletions in stril<ethrough /\rial font):
30-5.16-Performance Standards for New Buildings and Uses.
a. Purpose and Applicabilitv.
1. Purpose. The purpose of this section is to establish performance standards for
uses of land and buildings in all districts, in order to ensure that other properties.
as well as persons in the community, are provided protection against any adverse
conditions that might be created as a result of such uses.
2. Applicability. The performance standards apply to all new and existing land uses,
including permanent and temporary uses. in all zoning districts, unless otherwise
specified. Existing uses shall not be altered or modified to conflict with, or further
conflict with. these standards.
3. General Conditions. The performance standards are general requirements and
shall not be construed to prevent the Planning Director, Planning Board, or City
Council from imposing. as part of project approval, specific conditions that may
be more restrictive in order to meet the intent of these regulations.
b. Bird-Safe Buildings. This section shall be known as the Bird-Safe Building Ordinance.
1. Purpose. The purpose of this section is to reduce bird mortality from windows or
other specific building features known to increase the risk of bird collisions.
2. Applicability. The bird-safe building standards apply to the following types of
projects when such projects require a building permit.
{a) New Construction. New buildings that are greater than thirty-five {35) feet in
height, and that have one or more fagades in which glass constitutes fifty
percent {50%) or more of the area of an individual fagade. The bird-safe
glazing requirement must be met on any window or unbroken glazed
segment with an area of twelve {12) square feet or more located on such
fagade.
{b) Window Replacement. On buildings that are greater than thirty-five {35) feet
in height, and that have one or more fagades in which glass constitutes fifty
percent {50%) or more of the area of an individual fagade, the replacement
of any window or other rigid transparent material with an area of twelve {12)
square feet or more. The requirement does not apply on existing windows
that are not proposed to be replaced.
(c) New or Replaced Glass Structures. Any structure that has transparent glass
walls or any unbroken glazed segment twenty-four (24) square feet or more
in size, including but not limited to freestanding glass walls, wind barriers,
skywalks, balconies, greenhouses. and rooftop appurtenances .
3 . Exemptions. The bird-safe building standards shall not apply to the following:
(a) Historic Structures. The replacement of existing glass on historic structures.
However. the standards shall apply to new exterior additions to historic
structures , and new construction on the site of historic structures. that are
differentiated from the historic structures, if determined by the Planning
Director to be consistent with the Secretary of the Interior's Standards for the
Treatment of Historic Properties.
(b) Glazing on Commercial Storefronts. The ground floor of commercial
storefronts directly fronting a public street, alley, or sidewalk.
4. Standards.
(a) Bird-Safe Glazing Requirement. At least ninety percent (90%) of the glazing
on any building facade or freestanding glass structure shall include features
that enable birds to perceive the glass as a solid object. The requirement can
be satisfied by using one or more of the following treatments to be determined
by the Planning Director as part of an application for a build ing permit:
(i) External screens installed permanently over glass windows such that
the windows do not appear reflective.
(ii) Light-colored blinds or curtains.
(iii) Opaque glass, translucent glass, or opaque or translucent window film.
(iv) Paned glass with mullions on the exterior of the glass.
(v) Glass covered with patterns (e.g., dots, stripes, images, abstract
patterns. lettering). Such patterns may be etched. fritted, stenciled, silk-
screened, applied to the glass on films or decals, or another method of
permanently incorporating the patterns into or onto the glass. Elements
of the patterns must be at least one-eighth (1/8) inch tall and separated
no more than two (2} inches vertically, at least one-quarter (1/4) inch
wide and separated by no more than four (4} inches horizontally, or both
(the "two-by-four rule").
(vi) Ultraviolet (UV)-pattern reflective glass. laminated glass with a patterned
UV-reflective coating, or UV-absorbing and UV-reflecting film that is
permanently applied to the glass . Where patterns are used. they shall
meet the two-by-four rule.
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(vii) Other glazing treatments providing an equivalent level of bird safety and
approved by the Planning Director as part of building plan review.
(b) Alternative Compliance. As an alternative to meeting subsection 4(a), Bird-
Safe Glazing Requirement. an applicant may propose building and
fenestration designs and/or operational measures that will minimize bird
collisions and achieve an equivalent level of bird safety. The applicant shall
submit a bird collision reduction plan along with the application for design
review or other discretionary permit required for the project. The bird collision
reduction plan shall be prepared by a qualified biologist. Design and
operational solutions may include but need not be limited to the following
techniques, singularly or in combination:
(i) Layering and recessing glazed surfaces.
(ii) Angled or faceted glazing that minimizes reflectivity and transparency.
(iii) Louvres.
(iv) Overhangs and awnings.
(v) Glass block.
(vi) Bird netting.
(vii) Decorative grilles that allow birds to perceive the grilles, together with
the glass behind them, as solid.
(viii) Glass embedded with photovoltaic cells.
(ix) Placement of landscaping in such a way as to minimize bird collisions.
c. Outdoor Lighting. This section shall be known as the Alameda Dark Skies Ordinance.
1 . Purpose. The standards of the Alameda Dark Skies Ordinance are intended to:
@1 Allow adequate illumination for safety, security, utility, and the enjoyment of
outdoor areas .
..(Ql Prevent excessive light and glare on public roadways and private
properties .
.(gl Minimize artificial outdoor light that can have a detrimental effect on human
health. the environment. astronomical research, amateur astronomy, and
enjoyment of the night sky.
.(Ql Minimize light that can be attractive, disorienting, and hazardous to
migrating and local birds. ·~··'
2. Definitions. The following definitions are specific to the interpretation of this
section. Additional definitions applicable to the zoning ordinance as a whole
are listed in Section 30-2, Definitions .
.(ill Bird Migration Season. Bird migration season shall mean February 15 to
May 31 and August 1 to November 30 .
.(Ql Candela. The standard unit of luminous intensity in the International System
of Units. In contrast to lumens, which measure the total light energy emitted
by a particular light source, a candela represents a value of light intensity
from any point in a single direction from the light source .
.(Ql Foot-candle. A unit of measure in the International System of Units for
quantifying the intensity of light falling on an object. One foot-candle is equal
to one lumen uniformly distributed over an area of one square foot. In
contrast with lumens, which measure the light energy radiated by a
particular light source. foot-candles measure the brightness of light at the
illuminated object.
.(Ql Glare. The effect produced by a light source within the visual field that is · · !
sufficiently brighter than the level to which the eyes are adapted, so as to
cause annoyance, discomfort or loss of visual performance and ability .
.(ill Kelvin. The temperature scale utilized in illumination science to describe the
hue/color of the light. A lower value such as 2, 700 Kelvin is associated with
a "warm" colored light source such as incandescent. while a higher value
such as 5,000 Kelvin is associated with a "cool" colored light source.
ill Light Fixture (Luminaire). A complete lighting unit consisting of a lamp or
lamps, and ballast(s), where applicable. together with the parts designed to
distribute the light. position and protect the lamps and ballasts, and connect
the lamps to the power supply .
.(g} Light Trespass. Light emitted by a luminaire that shines beyond the property
on which the luminaire is installed .
.(bl Lumen. A unit of measure in the International System of Units for quantifying
the amount and rate of light energy emitted by a particular light source . A
lumen is equal to the amount of light given out through a solid angle by a
source of one candela intensity radiating equally in all directions .
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ill Shielded Fixture. Light fixtures that are shielded or constructed so that light
rays emitted by the lamp are projected below the horizontal plane passing
through the lowest point on the fixture from which light is emitted .
.ill Uplighting. The placement and orientation of lights such that beams of light
are directed upward.
3 . Applicability. Unless otherwise expressly stated, the standards of this
Subsection (c), Outdoor Lighting, apply to any project that requires a building
permit or electrical permit for:
.@). New exterior lighting, including lighting fixtures attached to buildings,
structures. poles, or self-supporting structures; or
.(Ql Additions or replacements of existing exterior light fixtures, including
upgrades and replacements of damaged or destroyed fixtures.
4. Exemptions. The following types of lighting are exempt from the requ irements
of this Subsection (c), Outdoor Lighting:
.@). Emergency Lighting. Temporary emergency lighting used by law
enforcement or emergency services personnel, a public utility, or in
conjunction with any other emergency service .
.(Ql Construction Lighting. Temporary lighting used for the construction or repair
of roadways , utilities , and other public infrastructure .
.(Ql Airport Lighting . Lighting for public and private airports and any other uses
that are regulated by the Federal Aviation Administration .
.(Ql Lighting Required by Building Codes or Other Regulations. Lighting for
communication towers, exit signs, stairs/ramps, points of ingress/egress to
buildings, and all other illumination required by building codes, OSHA
standards, and other permitting requirements imposed by state or federal
agencies.
ill). Signs . Signs and sign lighting. (See Section 30-6.6, Illumination of Signs .
for sign lighting standards.)
.ill Athletic Field Lights. Athletic field lights used within a school campus or
public or private park, provided, however, that athletic field lights shall be
selected and installed so as to minimize glare and light trespass outside the
playing area. Athletic field lights shall be turned off no later than 11 :00 p .m.
or where an event requires extended time, no later than 30 minutes after
conclusion of the event.
.(gl Neon. Argon, and Krypton. All fixtures illuminated solely by neon . argon, or .
krypton .
ill Fossil Fuel Light. All outdoor light fixtures producing light directly through
the combustion of fossil fuels, such as kerosene lanterns, and gas lamps.
ill Water Features. Lighting used in or for the purpose of lighting swimming
pools, hot tubs , decorative fountains, and other water features .
.ill Flag Lighting. Lighting used to illuminate a properly displayed United States
flag and/or State of California flag.
ill Holiday Displays . Seasonal and holiday lighting .
.ill Temporary Lighting. Temporary lighting allowed under a Special ~vents
Permit or Film/Photography Permit.
5. Prohibitions. The following types of lighting are prohibited:
.@}. Searchlights. The operation of searchlights. unless allowed on a temporary
basis under a Special Event Permit outside of bird migration season or
operated by law enforcement or emergency services personnel.
.(Ql Aerial Lasers. The use of aerial lasers or any similar high-intensity light for
outdoor advertising or entertainment when projected upward, unless
allowed on a temporary basis as part of a Special Event Permit outside of
bird migration season .
..(ill Mercury Vapor. The installation of new mercury vapor fixtures .
.@Other very intense lighting having a light source exceeding two hundred
thousand (200,000) initial luminaire lumens or an intensity in any direction
of more than two million (2,000,000) candelas.
6. Standards. Exterior lighting shall be consistent with these standards .
.@}. Shielding. All exterior lighting fixtures shall be fully shielded , and lighting
shall be directed downward, with the following exceptions:
(i) Low-voltage Landscape Lighting. Low-voltage landscape lighting such
as that used to illuminate fountains, shrubbery, trees. and walkways,
may be unshielded provided that it uses no more than sixty (60) watts. . _j
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(ii)
or twelve (12) watt equivalent LED. and emits no more than seven
hundred fifty (750) lumens per fixture.
Architecture and Public Art. Uplighting may be used to highlight special
architectural features, historic structures, public art and monuments,
and similar objects of interest. Lamps used for such uplighting shall
use less than one hundred (1 00) watts, or twenty (20) watt equivalent
LED. and emit less than one thousand six hundred (1 ,600) lumens per
fixture.
(iii) Historic Lighting Fixtures. Lighting fixtures that are historic or that
exhibit a historical period appearance, as determined by the Planning
Director, need not be fully shielded .
.(Ql Light Trespass. Exterior lighting shall be directed downward and away from
property lines to prevent excessive glare beyond the subject property. No
light, combination of lights, or activity shall cast light exceeding one (1) foot-
candle onto an adjacent or nearby property, with the illumination level
measured at the property line between the lot on which the light is located
and the adjacent lot, at the point nearest to the light source.
.(g), Correlated Color Temperature for Light-Emitting Diode (LED) Lighting. All
LED light sources shall have a maintained correlated color temperature of
less than or within the range of two-thousand seven hundred to three
thousand (2,700-3,000) Kelvins .
.(Ql Security Lighting. Adequate lighting shall be provided to protect persons
and property and to allow for the proper functioning of surveillance
equipment.
(i) Security lighting shall consist of shielded fixtures that are directed
downward. Floodlights shall not be permitted .
(ii) Vertical features, such as walls of a building, may be illuminated for
security to a height of eight (8) feet above grade.
(iii) Security lights intended to illuminate a perimeter, such as a fence line,
are allowed only if regulated by a programmable motion detection
system and compliant with the light trespass limitations in Subsection
.(Qh
(iv) Security lighting fixtures that utilize one hundred (1 00) or more watts,
or twenty (20) watt equivalent LED, or emit one thousand six hundred
(1 ,600) or more lumens shall be controlled by a programmable motion-
sensor device, except where continuous lighting is required by the
California Building Standards Code.
lli). Parking Lot Lighting. Parking lot lighting shall be consistent with the
standards of Section 30-7.17, Illumination of Parking Areas .
ill Service Station Canopies. Service station canopies are subject to the
following standards.
(i) Lighting fixtures in the ceiling of canopies shall be fully recessed in the
canopy.
(ii) Light fixtures shall not be mounted on the top or fascia of such
canopies.
(iii) The fascia of such canopies shall not be illuminated, except for
approved signage .
.(9l Street and Park Lighting. Lighting installed within a public or private right-
of-way or easement for the purpose of illuminating streets or roadways and
lighting in City parks shall be in accordance to lighting standards of the
Public Works Department and Alameda Recreation and Parks
Departments, except all LED lighting shall have a maintained correlated
color temperature of less than or within the range of two thousand seven
hundred to three thousand (2,700 -3,000) Kelvins.
7. Code Compliance. All exterior lighting shall be consistent with all applicable
parts of the California Building Standards Code. In the case of any conflict
between the standards of this section and the California Building Standards
Code, the latter shall prevail.
aQ.. Wood Burning Fireplaces and Stoves. To reduce greenhouse gas emissions and
minimize air quality impacts, wood-burning stoves and fireplaces are prohibited in
new residential construction.
bg. Vibrations. No vibration shall be permitted which is discernible without instruments at
any property line.
ef. Glare or Heat. No heat or direct or sky-reflected glare, whether from floodlights, or
high-temperature processes such as combustion or welding or otherwise, shall
emanate from any use so as to be visible or discernible from the property line. Legal
signs are exempted from this provision.
ag. Fissionable or Radioactive Material. No activity shall be permitted which utilizes,
produces, removes or reprocesses fissionable or radioactive material unless a license, l.
permit or other authority is secured from the state or federal agency exercising control.
In all matters relative to such activities , it shall be the responsibility of the user to
ascertain and identify the responsible agencies and notify the Community
Development Department as to the agencies involved and the status of the required
permits.
eh. Maintenance. Each person, company or corporation utilizing a lot shall at all times
maintain such lot in good order. This shall include repair and maintenance of all
structures, fences, signs, walks, driveways, landscaping, necessary to preserve
property values and public health, welfare, and safety.
f. Exterjor Lighting. Onsite exterior lighting shall be diffused and/or concealed in order to
prevent illumination of adjoining properties or the creation of objectionable visual
impacts on other properties or streets.
Section 2. If any section, subsection, sentence, clause or phrase of this ordinance
if , for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this ordinance. The City
Council of the City of Alameda hereby declares that it would have passed this
ordinance, and each section, subsections , clause, or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and phrases
are declared to be invalid and unconstitutional.
" L. Section 3. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
~L4 PresidinQ fflCereCty Council
Attest:
Clerk
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 18th day of December, 2018, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer -5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 19th day of December, 2018.
Approved as to Form:
'/ll1t Uu;JJ f/ 1/AYJ,L
Michael H. Roush
Interim City Attorney
Lara Weisiger, it Clerk
City of Alameda