A. Application submittal requirements: All projects that are subject to the bird-safe development requirements shall submit the following:
1. Elevation drawings indicating the bird-safe treatment and how the proposed treatment meets the requirements of Section 19.102.030(B) and (D);
2. Cross sections, if required;
3. Other exhibits indicating consideration and incorporation of the regulations in Section 19.102.030(B), (C), and (D); and
4. Biologist report in support of alternative compliance method pursuant to Section 19.102.030(B)(3), if proposed.
B. Fenestration and Glass Requirements
1. Façades of all projects subject to bird-safe development requirements shall have:
a. No more than 10% of the surface area of the façade be untreated glass between the ground and 60 feet above ground.
b. No more than 5% of the surface area of the façade be untreated glass between 60 feet above ground and up.
2. Standard Compliance Treatments: The Planning Division may maintain a list of acceptable bird-safe treatments that may be updated from time to time. The list may include, but not be limited to, permanent treatments such as opaque glass, window muntins, exterior insect screens, exterior netting, or special glass treatments such as fritting to provide visual cues and reduce the likelihood of bird collisions. Glass treatments must have high color contrast with the glass and be applied to the outermost surface. Prior to publication of the list, the Planning Division may review information available from interest groups, such as the National Audubon Society.
3. Alternative Compliance Method: Property owners/applicants may propose an alternate compliance method recommended by a qualified biologist to meet the requirements and intent of this section. The alternate compliance method shall be peer-reviewed by a third-party consultant, paid for by the applicant, and subject to the approval of the Director of Community Development.
C. Non-residential Indoor Lighting Requirements:
1. Install time switch control devices or automatic occupancy sensors on non-emergency interior lights that are programmed to turn off at eleven p.m. or within two hours after the business is closed.
2. Businesses that involve the direct retailing of goods to the general public may have downward directed, low voltage, and fully shielded lighting for window displays at any time when there is a display of such goods.
D. Bird-safe Design Requirements. All projects shall:
1. Avoid the funneling of flight paths along buildings or trees towards a building façade.
2. Avoid use of highly reflective glass or highly transparent glass.
3. Not include skyways or walkways, balconies, freestanding walls, or building corners made of untreated glass or other transparent materials, or any other design elements that are untreated and through which trees, landscape areas, water features or the sky are visible from the exterior or from one side of the transparent element to the other.
E. Exemptions: The following are exempted from bird-safe treatment regulations of subsection 19.102.030(B):
1. Any historic structure, either as set forth in the General Plan Figure LU-3 Historic Resources or listed on the State or National Historical Registers;
2. First floor retail storefronts, up to a height of 15’; and,
3. Residential development in R1 zoning districts outside of Bird-Sensitive Areas.
F. California Building Code. All windows, doors, or other features must comply with the requirements of the California Building Code. Should a conflict exist with the provisions of this Chapter, the standards in the California Building Code shall prevail.
(Ord. 21-2234, Att. A (§ 9, part), 2021; Ord. 21-2225, Att. A (§ 1, part), 2021)