HomeMy WebLinkAboutStaff Report 2603-6184CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, April 06, 2026
Council Chambers & Hybrid
5:30 PM
Agenda Item
13.SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter
18.40 (General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal
Code to Adopt Bird Friendly Design Standards (FIRST READING: March 16, 2026; PASSED:
5-2, Lu, Lythcott-Haims no) Public Comment
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: April 6, 2026
Report #:2603-6184
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 18.40
(General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code to
Adopt Bird Friendly Design Standards (FIRST READING: March 16, 2026; PASSED: 5-2, Lu,
Lythcott-Haims no)
BACKGROUND
The City Council heard this item for a first reading on March 16, 2026 and approved it on a 5-2,
Lu, Lythcott-Haims no) vote. Staff have updated the ordinance to reflect the City Council’s
direction on March 16, and it is now before the City Council for a second reading.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Chapter 18.40
(General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code to
Adopt Bird Friendly Design Standards
APPROVED BY:
Mahealani Ah Yun, City Clerk
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.40
(General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto
Municipal Code to Adopt Bird Friendly Design Standards
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations.
The City Council finds and declares as follows:
A. On November 13, 2017, the City Council adopted the 2030 Comprehensive Plan. The
plan included a policy encouraging bird-friendly design and a program to develop
guidelines for bird-friendly building design that minimizes hazards for birds and reduces
the poten al for collisions.
B. On January 29, 2024, the City Council selected four City Council priori es, one of which
is “Climate Change & Natural Environment – Protec on & Adapta on.” This priority
includes an objec ve to approve a bird-safe glass and wildlife light pollu on protec ons
ordinance.
C. On February 14, 2024, and July 18, 2024, the Architectural Review Board conducted
study sessions and provided feedback on this ordinance.
D. On August 14, 2024, the Planning and Transporta on Commission reviewed the dra
ordinance, provided feedback, and con nued the hearing to a date uncertain.
E. On October 30, 2024, the Planning and Transporta on Commission ini ally reviewed the
proposed ordinance and recommended its adop on to the City Council.
F. On December 10, 2025, a er considering addi onal informa on presented by staff, the
Planning and Transporta on Commission again recommended adop on of the ordinance
to the City Council.
G. This Ordinance is intended to reduce bird mortality rates by reducing the possibility of
bird collisions with buildings, contribu ng to a healthier and more resilient environment.
H. This Ordinance provides clear and consistent standards, streamlining the approval
process by reducing the need for case-by-case review of individual projects.
SECTION 2. Section 18.40.280 (Bird-Friendly Design Standards) of Chapter 18.40
(General Standards and Exceptions) of Title 18 (Zoning) of the Palo Alto Municipal Code is
added to read as follows:
18.40.280 Bird-Friendly Design Standards
(a) Purpose. The intent of this section is to establish bird-friendly design standards for glass to
minimize hazards for birds and to reduce the potential for collisions.
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(b) Definitions. The following terms are defined for the purposes of this section:
(1) “Bird Sensitive Area” means the areas located east of Highway 101 and west of
Foothill Expressway.
(2) “Bird-Friendly Treatment” means treatment to glazing that provides visual cues to
birds and reduces the likelihood of bird collisions by incorporating one of the
following:
(A) Patterned Treatment, Permanent. Glazing shall be permanently translucent or
obscured, or include patterns are etched, fritted, stenciled, silk-screened, or
otherwise permanently incorporated into the transparent material.
(i) For patterns using dots or other isolated solid shapes, each dot or shape
must be at least a 1/4 inch in diameter and be no more than 2 inches apart in
any direction.
(ii) For patterns using lines, they must be at least 1/8 inch in width and spaced
no more than 2 inches apart.
(iii) Frit, ceramic ink, or other marker types must be opaque, permanently
adhered, and durable for the life of the glazing, unless an alternative
compliance method is chosen as outlined in Section 18.40.280(e).
(B) Patterned Treatment, Limited. Films, decals, or other similar markers approved
by the American Bird Conservancy or its equivalent, subject to Director approval,
may be used only for residential development or the residential portion of
mixed-use development, or the portions of a nonresidential elevation under 35
feet. These Limited Patterned Treatments shall have the same visual cues or
patterns as Permanent Patterned Treatment under 18.40.280(b)(2)(A) and be
applied to the outer surface to the extent possible.
(C) Exterior Features. Panes with exterior screens, shutters or shading devices
installed permanently over windows, structures, or building features such that
there is no gap larger than 9 inches in one dimension. Exterior features include,
but are not limited to, metal screens, insect screens, shutters, window grilles,
fixed solar shading such as louvres, and exterior insert, brise soleil, or solar
screens.
(3) “Bird Hazard Installations” are defined as visually unbroken, exterior glazing and/or
glass panels that are reflective or transparent that provide a clear line of sight
through the glazed elements to porches, courtyards, water features, trees,
vegetation, landscaping, or the sky on the other side of the glazed element,
including, but not limited to: (A) Free standing features such as transparent awnings,
(B) Transparent handrails and guards, (C) Transparent wind break panels, acoustic
barriers, bus, weather shelters, other free-standing transparent walls, or see-
through building protrusions; (D) Transparent skyways or walkways; (E) Two or more
*** NOT YET APPROVED ***
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parallel transparent elements with a distance of 30 feet or less between them, when
at least one of the parallel panes is 24 square feet or larger; or (F) Two or more
transparent elements on opposing sides and within 12 feet of a corner
(perpendicular, acute, or obtuse) when at least one of the panes is 24 square feet or
larger.
(4) “Elevation” means any exterior walls of a building or structure, as seen from a two-
dimensional perspective like the front, side, or rear.
(5) “Fenestration” means the openings in a building’s façade, such as door, skylights,
and windows.
(6) “Glazing” means the reflective, transparent or translucent materials that fill
openings in a building’s exterior walls. This typically includes glass but can also
encompass other materials like plastic or acrylic sheets that allow light transmission.
(c) Applicability. The bird-friendly design requirements apply to any of the following projects,
when a permit is otherwise required:
(1) All newly constructed structures and buildings;
(2) Substantial Remodel, as defined in Section 16.14.070 of the Code; or
(3) Any new fenestration or new or replacement Bird Hazard Installations.
(d) Bird-Friendly Design Requirements
(1) Basic Requirement. Bird-Friendly Treatment is required for:
(A) All Bird Hazard installations.
(B) All glazing on an elevation of a building or structure that is unbroken and 24
square feet or larger in size.
(C) Glazing within 15 feet of a green roof.
(2) Residential and the residential portion of mixed-use development.
(A) Within the Bird Sensitive Area, in addition to the requirements of (d)(1), no more
than ten percent of an elevation of any structure or building shall be untreated
glazing.
(B) Outside of the Bird Sensitive Area, in addition to the requirements of (d)(1), no
more than 40 percent of an elevation above 35 feet of any structure or building
shall be untreated glazing.
(3) Nonresidential and the nonresidential portion of mixed-use development. In
addition to the requirements of (d)(1), no more than ten percent of an elevation of
any structure or building shall be untreated glazing.
*** NOT YET APPROVED ***
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(A) Any portions of an elevation under 35 feet may be allowed to use films, decals,
or other products approved by the American Bird Conservancy or its equivalent,
subject to Director approval.
(e) Alternative Compliance. Property owners or applicants may request an alternative means of
compliance with requirements established in Section 18.40.280(d). The alternative shall be
recommended in a report by a biologist or ornithologist holding a degree in wildlife biology
or a specialization in ornithology, and having experience in bird-friendly building design. The
request shall be submitted and reviewed in accordance with the applicable procedures in
Chapter 18.77, and is subject to approval by the Director. The proposed alternative
compliance shall:
(1) Reduce the risk of bird collision to a level equivalent to or less than that which would
result from strict compliance with Section 18.40.280(d); and
(2) Be consistent with the intent of this section as set forth in Section 18.40.280(a).
(f) Lighting. All projects shall comply with the outdoor lighting requirements pursuant to
Section 18.40.250 of the Municipal Code.
(g) Exemptions. The following types of projects shall be exempt from Section 18.40.280(d):
(1) Any historic structure located within the City’s Historic Districts or listed on the City’s
Historic Inventory or the State or National Historical Registers, except for new
additions where treatment conforms to Secretary of Interior Standards for
Rehabilitation of Historic Properties.
(2) The first floor of commercial uses facing a public street, up to 14 feet in height,
within the following districts:
(A) Retail Shopping (R) Combining District
(B) Pedestrian Shopping (P) Combining District
(C) Ground Floor (GF) Combining District
(D) North Ventura Coordinated Area Plan Districts
(3) 100% affordable housing projects as defined in Section 18.32.030.
(4) Accessory Dwelling Units and Junior Accessory Dwelling Units pursuant to Chapter
18.09.
(5) Outside of the Bird Sensitive Area, any portions of residential structures under 35
feet.
(6) Glazing that is necessary for airport safety or navigation in connection with
operations at the Palo Alto Municipal Airport
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(h) Additional Provisions and Conflict Precedence. All applicable windows, doors, or other
features must comply with the requirements of this section, in addition to the California
Building Code, including the fire hazard severity zone regulations in California Green
Buildings Standards Code (CALGreen), Fire Code, and applicable state or federal laws. within
the event that the provisions of this section necessarily conflict with the aforementioned
codes or state or federal laws, the standards in the applicable state or federals laws and
codes shall prevail.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment and Section 15308, as an action by a
regulatory agency to protect the environment.
SECTION 5. This ordinance shall be effective on the thirty-first day following its
adoption.
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*** NOT YET APPROVED ***
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SECTION 6. Pipeline Projects. This Ordinance shall not apply to any project
application deemed complete prior to the effective date of this Ordinance. Any project
completed pursuant to such application shall be deemed a legal non-conforming structure
and/or use, subject to the provisions of Palo Alto Municipal Code Chapter 18.70.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development
Services
From:Mr. Shore
To:Council, City; Cha, Kelly
Cc:Armer, Jennifer; Lait, Jonathan; Yang, Albert
Subject:Bird-Friendly Design Ordinance - April 6, 2026 - Agenda Item 13
Date:Wednesday, April 1, 2026 11:10:14 AM
Attachments:Bird_Friendly_Design_Ordinance-2nd_Reading-01Apr2026.pdf
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Dear Mayor Veenker, Members of City Council and Ms. Cha,
Please see the attached letter regarding the Bird-Friendly Design Ordinance (18.40.280).
Best regards,
Jeffrey Shore
This message needs your attention
This is a personal email address.
Mark Safe Report
April 1, 2026
VIA E-MAIL [city.council@paloalto.gov and kelly.cha@paloalto.gov]
Mayor Veenker and Members of the City Council
City of Palo Alto
250 Hamilton Avenue
Palo Alto, California 94301
Kelly Cha
Senior Planner
City of Palo Alto
250 Hamilton Avenue Palo Alto, CA 94301
Re: April 6, 2026 Agenda Item 13 — Bird-Friendly Design Ordinance (PAMC § 18.40.280)
Dear Mayor Veenker and Members of the City Council,
This letter is intended to bring to your attention certain ambiguities and internal
inconsistencies arising from the addition of new provisions in the Bird-Friendly Design
Ordinance that reference films, decals and similar markers approved by the American Bird
Conservancy (the “ABC”).
Subject to Director Approval
For its Second Reading, Section 18.40.280(b)(2)(B) has been amended to read as follows:
(B) Patterned Treatment, Limited. Films, decals, or other similar markers approved by the
American Bird Conservancy or its equivalent, subject to Director approval, may be
used only for residential development or the residential portion of mixed-use
development, or the portions of a nonresidential elevation under 35 feet. These
Limited Patterned Treatments shall have the same visual cues or patterns as
Permanent Patterned Treatment under 18.40.280(b)(2)(A) and be applied to the outer
surface to the extent as possible.
By adding the limiting clause “subject to Director approval,” while retaining the permissive
language that films, decals, or other similar markers “may be used” for specified
developments, the amended provision raises the question: what is subject to Director
approval? The amended provision can be read to mean that ABC-approved Limited Patterned
Treatments require Director approval before use. On the other hand, the amended provision
can be read to mean that only films, decals, or other similar markers approved by an
organization equivalent to the ABC — as opposed to the ABC itself — would be subject to
Director approval. This ambiguity is compounded by a parallel provision added elsewhere in
the ordinance, which points in a diderent direction.
Honorable Mayor and Members of the City Council
April 1, 2026
Page 2 of 3
Section 18.40.280(d)(3)(A) has been added for the Second Reading of the ordinance, as follows
(in its hierarchal context):
(3) Nonresidential and the nonresidential portion of mixed-use development. In
addition to the requirements of (d)(1), no more than ten percent of an elevation of
any structure or building shall be untreated glazing.
(A) Any portions of an elevation under 35 feet may be allowed to use films,
decals, or other products approved by the American Bird Conservancy or its
equivalent, subject to Director approval.
Section 18.40.280(d)(3)(A) adds to the uncertainty as to what is “subject to Director approval”
in Section 18.40.280(b)(2)(B). Due to the position of the limiting clause “subject to Director
approval” following the phrase “may be allowed” in Section 18.40.280(d)(3)(A), it is reasonable
to conclude that the use of any ABC-approved products in the nonresidential context would be
conditional on Director approval. By comparison, the position of the clause “subject to
Director approval” in Section 18.40.280(b)(2)(B) more likely permits the inference that the
Director’s approval is only required to qualify an organization as an ABC-equivalent in both
residential and nonresidential development.
ABC-Approved Products Do Not Uniformly Conform to Palo Alto’s Prescriptive Dimensions
Section 18.40.280(b)(2)(B) requires that ABC-approved films, decals and similar markers
conform to the ordinance’s prescriptive size and spacing requirements — specifically, the 2x2
standard. Not all ABC-approved products do.
There are two groups of ABC-approved films, decals, and similar markers that would not
conform to Palo Alto’s prescriptive size and spacing requirements. First, ABC still approves
products under its legacy 2×4 standard, allowing vertical spacing up to 4 inches—most notably
WindowAlert decals—and assigning those approved products a passing “Threat Factor” of 25.
Second, UV-only films and decals, such as Bird Divert UV Film, and similar products are
categorically incompatible with Palo Alto's prescriptive framework because their markers are
transparent to the human eye and therefore have no measurable diameter or line width that a
building inspector could verify against the ordinance's dimensional standards.1 In addition, the
ABC-approved product database is not a static published list. It is a web database that is
updated over time, and the full current list of every approved product with precise dimensional
specifications is not publicly available in a single downloadable document.2 For these
reasons, incorporating the evolving ABC-approved product database by reference could
1 See Summary of ABC Rating System, updated November 17, 2025 < https://abcbirds.org/wp-
content/uploads/2025/12/the prescriptive rating option 11 17 2025.pdf>, accessed March 29, 2026.
2 See ABC-approved product database, < https://abcbirds.org/products/? paged=5>, accessed March 29,
2026.
Honorable Mayor and Members of the City Council
April 1, 2026
Page 3 of 3
become a frustrating compliance and enforcement challenge for property owners and Planning
stad.
A related inconsistency arises from the fact that Section 18.40.280(d)(3)(A), unlike Section
18.40.280(b)(2)(B), does not require that ABC-approved films, decals or other products
conform to the prescriptive size and spacing requirements of Section 18.40.280(b)(2)(A) for
portions of an elevation of nonresidential development under 35 feet.
Typographical Errors
A few typographical errors in Sections 18.40.280(b)(2)(A) and 18.40.280(h) in the Second
Reading version of the ordinance are highlighted below:
(A) Patterned Treatment, Permanent. Glazing shall be permanently translucent or
obscured, or include patterns that are etched, fritted, stenciled, silk-screened, or
otherwise permanently incorporated into the transparent material.
(h) Additional Provisions and Conflict Precedence. All applicable windows, doors, or
other features must comply with the requirements of this section, in addition to the
California Building Code, including the fire hazard severity zone regulations in
California Green Buildings Standards Code (CALGreen), Fire Code, and applicable
state or federal laws. Within In the event that the provisions of this section
necessarily conflict with the aforementioned codes or state or federal laws, the
standards in the applicable state or federals federal laws and codes shall prevail.
Respectfully,
Jedrey Shore
cc: Jonathan Lait, Director of Planning & Development Services
Jennifer Armer, Assistant Director of Planning & Development Services
Albert Yang, Assistant City Attorney
From:Ellen Shay
To:Council, City
Subject:Request to pull Item #13 from the Consent Calendar for City Council meeting on April 6th, 2026 meeting
Date:Monday, April 6, 2026 9:16:55 AM
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i
I am asking the City Council to pull item 13 from the Consent Calendar before voting on it, so
that the public can hear a full discussion of the justifications for the disparate treatment of the
Esther Clark neighborhood, which is bounded on one side of Foothill Expressway, and the
Greater Miranda neighborhood, which is bounded on the other side of Foothill Expressway.
The public deserves to understand what distinguishes these two adjacent neighborhoods by
reference to the building design objective of minimizing hazards for birds and reducing the
potential for collisions.
https://www.arcgis.com/apps/mapviewer/index.html?
webmap=48437176c9824e8ab11c193c791c057a
This URL shows the Global (red) and California (green) IBAs (Important Bird
Areas), updated August 4, 2025. I found this on a map of IBAs with a focus on
California. "The IBA data is from the Authoritative ArcGIS web service maintained by
the National Audubon Society and its Enterprise Team." Notice that the Palo Alto area
is not on this map. "This is a map of IBAs with a focus on California. The IBA data is
from the Authoritative ArcGIS web service maintained by the National Audubon
Society and its Enterprise Team. The California Protected Areas Database (CPAD)
layer is from CPAD and the Green Info Network".
Notice that Palo Alto is not on this map.
The phrase "east of 101 and west of Foothill" has been carried from document to
document without being examined and justified.
Ellen Shay
This message needs your attention
This is a personal email address.
This is their first email to you.
Mark Safe Report