REPORT TO COUNCIL
SUBJECT
Title
Update on the Bird Safe Design Guidelines (Information Only)
Report
BACKGROUND
The City Council sponsored a Study Issue in 2013, to address the effects of building design and placement on bird populations due to the concerns of birds striking buildings and being harmed or killed. On January 28, 2014, the City Council made a motion to adopt Design Guidelines that included the following specific details (meeting minutes can be found in Attachment 1):
1. Require specific guidelines for projects located within 300 feet of the bay and/or a body of water, the total of which exceeds one acre in size, and/or adjacent to a landscaped area, open space or park larger than one acre in size;
2. City-wide guidelines for other areas;
3. The addition of a condition that stated that no mirrored glass should be used in building construction; and
4. A requirement of monitoring efforts, and a provision that the City look at developing an ordinance on the topic in two years.
As part of the discussion on the matter during the January 28, 2014 City Council hearing, Councilmembers discussed how to review whether the provisions are effective and whether the standards should become zoning code requirements. As part of the discussion about making the standards a part of the zoning code, it was mentioned that the zoning code should be amended for bird safe guidelines only if there is new information that warrants it. There is no new information suggesting zoning code revisions; this information report provides an update on the effectiveness of the current approach.
EXISTING POLICY
General Plan
Community Vision
Goal III. Environmental Sustainability: To promote environmental sustainability and remediation in the planning and development of the City, in the design and operation of public and private buildings, in the transportation system, in the use of potable water and in the recycling of waste.
Land Use
Policy LT -1.11 Protect regional environmental resources through local land use practices.
Policy LT -6.4 Encourage sustainable industries that emphasize resource efficiency, environmental responsibility, and the prevention of pollution and waste.
Community Character
Goal CC-3 Well-designed sites and buildings - Private Development: Ensure that buildings and related site improvements for private development are well designed and compatible with surrounding properties and districts.
Policy CC-3.2 Ensure site design is compatible with the natural and surrounding built environment.
Safety and Noise
Goal SN-1 Acceptable Levels of Risk for Natural and Human-Caused Hazards - ensure that natural and human-caused hazards are recognized and considered in decisions affecting the community, and that land uses reflect acceptable levels of risk based on identified hazards and occupancy.
DISCUSSION
The bird safe guidelines have been an effective tool in the review of projects in Sunnyvale. Measures regularly used as part of the guidelines include:
1. The use of fritted glass in buildings. Fritted glass introduces a texture in the glass that makes the glass less reflective and see-through. This is a key design option considered as part of the guidelines. Fritted glass was never required for use in Sunnyvale before the guidelines were adopted.
2. Special attention for projects that include a large open area, a green roof, or are located adjacent to a body of water or park. These areas tend to be more likely environments for birds and provide the greatest threats to birds near buildings with a lot of glass. The guidelines have been used to:
a. include creative solutions such as maintaining an appropriate distance between reflective or see-through glass (when glass is nearly clear and the opposite side of a building is visible through the glass) and large vegetation, such as trees;
b. the use of treated glass; and
c. site designs that discourage building “tunnels” when building separations terminate with a glass building face.
3. Elimination of building bridges that include glass elements.
4. Careful building design when a green roof is included to ensure there is no reflective glass facades since the birds will be attracted to the green roof.
The guidelines provide an excellent starting point in working with building designs. It provides staff with the authority and support to ensure buildings include bird safe design elements in the design. In addition, staff has continued to review the website and publications pertaining to bird safety since the Design Guidelines were adopted to ensure the most current and useful information is available for building design review. As an example: The existing development at Technology Corners in Moffett Park was recently re-landscaped as part of a large tenant improvement. The existing buildings include both reflective and see-through glass and there is a large open space between the buildings. Although the buildings were not changed as part of the improvements, staff required bird safe landscaping elements in the design to avoid the reflective and see-through glass. This approval included requiring a 15-foot separation between the new trees and the reflective and see-through glass elements of the building to help prevent bird strikes.
The guidelines provide clear direction for staff to use in the review of new buildings. The available information assists in reviewing bird safe building design, but none of the standards translate well as specific zoning requirements as there are too many unique conditions and too many exceptions to allow useful zoning standards to be created. The bird safe design guidelines are part of the Citywide Design Guidelines. The authority to require consistency with the bird safe guidelines is Sunnyvale Municipal Code Section 19.80.050 which states that “the director or planning commission may approve any design review … upon finding that the project’s design and architecture will conform with the applicable criteria and various guidelines for design review established by the City Council.” Staff finds that the guidelines are being used effectively and are resulting in altered building designs and revised site plans to address bird safety.
Finally, the true cause of bird strikes is still an uncertain science; there are no updated studies, that staff is aware of, published since the Council action in January 2014. There is no finality to the cause of bird strikes in all situations. There are regional differences, differences between types of birds, and very difficult to have a true representation of the number of birds lost through strikes with glass.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
Staff
Prepared by: Amber Blizinski, Principal Planner
Reviewed by: Andrew Miner, Planning Officer
Reviewed by: Trudi Ryan, Director, Community Development
Reviewed by: Kent Steffens, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENT
1. Excerpt of the Minutes from the January 28, 2014 City Council Meeting