Title
PLN17-0628 - Zoning Text Amendments - Applicant: City of Alameda. Public Hearing to Consider Proposed Zoning Text Amendments to the Zoning Regulations (AMC Chapter 30) regarding: 1) adoption of new bird-safe building regulations; 2) adoption of new outdoor lighting regulations. The proposed text amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15305 - Minor Alterations to Land Use Limitations and 15308 - Actions by Regulatory Agencies for Protection of the Environment, each on its own and independent basis.
Body
To: Honorable President and
Members of the Planning Board
From: Allen Tai, Planning Services Manager
Date: September 24, 2018
RE: PLN17-0628 - Zoning Text Amendments - Applicant: City of Alameda. Public Hearing to Consider Proposed Zoning Text Amendments to the Zoning Regulations (AMC Chapter 30) regarding: 1) adoption of new bird-safe building regulations and 2) adoption of new outdoor lighting regulations. The proposed text amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15305 - Minor Alterations to Land Use Limitations and 15308 - Actions by Regulatory Agencies for Protection of the Environment, each on its own and independent basis.
BACKGROUND
On June 25, 2018, the Planning Board held a study session and provided comments on City Council referrals regarding adoption of new Bird-Safe Building Standards, new Outdoor Lighting regulations, and updating zoning regulations on Assisted Living (Exhibit 1).
Staff has revised the draft ordinance according to Planning Board and public comments. The revisions for the proposed assisted living regulations require additional analysis and will be brought back to the Planning Board at a future date.
DISCUSSION
The following summarizes Planning Board and public comments made during the study session and the corresponding revisions to the draft ordinance (Exhibit 2).
Bird Safe Building Standards
Bird Safe Comment #1: Provide data on the number of bird collisions in Alameda.
There is no data on bird collisions specific to Alameda. However, bird mortality from collisions with man-made structures is a widely-known phenomenon, especially in geographic locations along the Pacific Flyway where Alameda is located. The potential for birds to collide into buildings is an environmental impact under the California Environmental Quality Act (CEQA). In the past ten years, all Environmental Impact Reports prepared under CEQA and reviewed by the Planning Board and the City Council have specified bird-safe building standards as an environmental mitigation measure in new development. The proposed ordinance would codify specific standards for new construction, similar to what many other Bay Area cities, including San Francisco, Oakland, San Jose, Richmond, and Sunnyvale, have also adopted into its development standards.
Bird Safe Comment #2: Explain the purpose of retitling Section 30-5.16 Performance Standards for New Buildings and Uses to Performance Standards
This purpose of this change is to reflect that some of the existing provisions in this section apply to both new buildings as well as existing ones; those that are specific to new buildings and uses are expressly stated. The proposed addition of Bird Safe Building Standards and Outdoor Lighting regulation also apply to both existing and new buildings. Therefore, Performance Standards is a more accurate title for this section, and this change does not actually affect how each provision is currently being implemented.
Bird Safe Comment #3: Delete the 10,000 square foot threshold for triggering bird safe measures on new buildings. The 10,000 square foot threshold was intended to apply the standards only to large buildings. The Board noted that this threshold seems excessive when there is already a requirement for a building having two-stories with 50% or more of its façade consisting of glass. After further review, staff agrees this threshold is unnecessary given the other thresholds in place. The 10,000 square foot threshold has been deleted from the draft ordinance.
Bird Safe Comment #4: Reconcile and simplify the size thresholds for windows on new and existing buildings and standalone glass structures.
Staff has revised the minimum window size threshold to 12-square-feet for both new and existing buildings. The Board believed the previous thresholds of 12-square feet for new buildings and 25 square-feet for existing buildings would generate confusion. The 12-square-foot threshold only applies on buildings two-stories or greater and on facades consisting of glass on 50% or more of its surface. On standalone glass structures, staff revised the threshold to twenty-four (24) square feet, which is referenced in bird-safe standards adopted by other cities.
Bird Safe Comment #5: Delete the Limited Glass Facades exemption.
Staff agrees the Limited Glass Facades exemption is redundant and it has been deleted in the revised draft ordinance.
Bird Safe Comment #6: Simply the methods for single-family homeowners to comply with the ordinance if it is triggered.
The revised ordinance includes two groups of requirements: standard requirements and alternative compliance. The standard requirements list contains common and simple window treatments. These treatments include window screens, curtains and blinds, window muntins (exterior grids on windows), and other minor window treatments commonly used on single family homes. The purpose is to encourage compliance through the use of common methods that do not raise design or aesthetic concerns. Staff anticipates the standard requirements list will allow most single family homes that trigger the ordinance to be able to comply without undue burden to the homeowner.
The alternative compliance list contains methods that require greater design consideration and verification by a qualified biologist. These methods include architectural solutions such as the use of louvers, awnings, and other large physical components that would be subject to design review. This group of bird safe standards would be more appropriately applied to non-residential buildings.
Overall, the ordinance now provides a range of bird safe measures that include low-cost ordinary items for single family homes to specialized architectural features more suitable in large buildings.
Outdoor Lighting Regulations
Lighting Comment #1: Street lights and park lighting should not be exempt from the Outdoor Lighting regulations.
Public street lights and public park lights are purchased and managed by different City departments each responsible for setting its own rules and standards for installation and maintenance. To avoid conflicting with those separate standards, staff had proposed a blanket exemption from the ordinance. The Public Works Department, who currently maintains the street light system, is developing a new set of guidelines and standards for a smart, efficient street light system. This new lighting system would increase energy efficiency, reducing energy and maintenance costs, and potentially create a backbone for a range of other smart city applications. Except for the planned use of dark-skies friendly LED fixtures, many components of that lighting plan is still being explored. The smart street lighting plan will be presented to the City Council for approval separate from this outdoor lighting ordinance. The Alameda Recreation and Parks Department is also planning on using 3,000K fixtures in new lighting in City parks. Given this information, staff has removed the exemption for street and park lighting, but only added the 3,000K color temperature standard as a requirement.
Lighting Comment #2: Athletic playing field lights should be turned off by 10:00 p.m.
There was a comment that sports lighting should be turned off by 10:00 p.m. To understand current athletic field usage and needs, staff consulted several users of athletic fields in the city, including the Alameda Recreation and Parks Department, Alameda Unified School District, College of Alameda, and the Alameda Babe Ruth League. Most athletic field uses conclude at 10:00 p.m., with the exception of competitive events, such as high school football games, which can often extend beyond 10:00 p.m. Furthermore, there was consensus among the users that additional time is needed to allow players and spectators to safely leave the field and to allow groundskeepers and equipment crews to finish their work. Therefore, staff recommends establishing an 11:00 p.m. cut-off time for all sports lighting, and where an event requires extended time, no later than 30 minutes after conclusion of the event. The revised standard is consistent with similar ordinances adopted by other cities.
Lighting Comment #3: The LED correlated color temperature (CCT) standard should be 3,000K instead of 4,000K.
The 4,000K CCT standard was previously the preferred dark-skies standard for LED lighting. The draft ordinance has been revised to update the correlated color temperature standard from 4,000K to 3,000K, which follows the latest recommendation by the Dark Skies Association.
Lighting Comment #4: Where references to maximum watts and lumens are stated in the ordinance, how do those metrics apply to LEDs?
Most people are accustomed to choosing the desired brightness of lights based on traditional incandescent bulbs and its watts rating. The watts rating describes how much energy a light uses, and in incandescent bulbs, a higher watt user correlates to a brighter light. The rules have changed with LEDs because it is a different technology. An LED that uses 60 watts is not comparable to an incandescent bulb that uses 60 watts. This is because LEDs are designed to use less energy and would therefore have a lower watt rating. In fact, an actual 60-watt LED is exponentially brighter than a 60-watt incandescent bulb and be so bright that it could harm the human eye. In 2011, the federal government started requiring manufacturers to use “lumens” as an indication of how bright a light bulb will be. LED packaging will state a “watt equivalent” and “lumens” rating to assist the consumer in finding the right replacement bulb. The higher the lumen rating, the brighter the bulb will be. For example, consumers wanting to replace a 60-watt incandescent bulb with a LED bulb would look for a 12 watt equivalent LED with an 800 lumen rating to produce the same brightness. Staff has also revised the draft ordinance to provide a corresponding LED equivalent and lumens standard where maximum watts is stated.
CONCLUSION:
The Planning Board and public comments have been address in the revised to the draft ordinance. Staff recommends the Planning Board review the revisions to the draft ordinance and recommend the City Council’s approval.
ENVIRONMENTAL REVIEW
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 (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).
PUBLIC NOTICE AND COMMENT
This agenda item was advertised in the Alameda Sun and public notices were posted as required by the Alameda Municipal Code. The Golden Gate Audubon Society provided input on the proposed bird safe building regulations. Staff also solicited comments from the Alameda Unified School District, College of Alameda, Alameda Babe Ruth League, Northern California Home Builders Association, and the Alameda Recreation and Parks and Public Works departments. No other public comments were received by staff at the time this report was written.
RECOMMENDATION
Hold a study session and provide comments to staff on the proposed zoning text amendments.
Respectfully Submitted By:
Allen Tai
Planning Services Manager
Exhibits:
1. June 25, 2018 Planning Board Staff Report and Exhibits
2. Draft Ordinance on Bird Safe Building Standards and Outdoor Lighting Regulations