HomeMy WebLinkAboutORD 56951
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Ordinance No. 5695
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
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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.
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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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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: MARCH 16, 2026
PASSED: APRIL 6, 2026
AYES: BURT, LAUING, LU, RECKDAHL, STONE, VEENKER
NOES: LYTHCOTT-HAIMS
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
Docusign Envelope ID: 94560032-A1B2-4149-B981-BB093BF7EC7C
Certificate Of Completion
Envelope Id: 94560032-A1B2-4149-B981-BB093BF7EC7C Status: Completed
Subject: ORD 5695 - Amending Chapter 18.40 to Adopt Bird Friendly Design Standards
Source Envelope:
Document Pages: 6 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
IP Address: 170.85.155.8
Record Tracking
Status: Original
4/7/2026 10:04:49 AM
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
Location: DocuSign
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Albert Yang
Albert.Yang@paloalto.gov
Assistant City Attorney
City of Palo Alto
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Jonathan Lait
Jonathan.Lait@paloalto.gov
Director, Planning and Development Services
City of Palo Alto
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Ed Shikada
Ed.Shikada@paloalto.gov
City Manager
City of Palo Alto
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Vicki Veenker
Vicki.Veenker@paloalto.gov
City of Palo Alto
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Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
City Clerk
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