RE: April 8th City Council Agenda Item 7: Bird Safe Design and Lighting Performance Standards
Dear Mayor Dailey and Los Altos City Councilmembers,
The Santa Clara Valley Bird Alliance and the Sierra Club Loma Prieta Chapter are organizations united by our shared commitment to the protection of the environment, nature, and open space. We strongly support the adoption of the Environmental Commission Draft Lighting Performance Standards and the adoption of the Draft Bird-Safe Design Ordinance.
Bird populations are in decline. The State of the World's Migratory Species report, a first-of-its-kind assessment by the Convention on the Conservation of Migratory Species (CMS, an environmental treaty of the United Nations), paints a stark picture. One in five migratory species listed by the CMS is at risk of extinction and almost half (44%) are decreasing in numbers1. Birds are especially vulnerable since most species migrate at night2. Bird Safe Design and Lighting Performance Standards are both necessary to curb unnecessary bird deaths.
Furthermore, strong lighting standards will benefit the public health of Los Altos residents by reducing their exposure to artificial light at night (ALAN). DarkSky International’s State of the Science Report3 notes that “ALAN exposure seems to have effects on the entire life cycle, from childhood and adolescence to old age. In particular, these effects seem to result from short-wavelength (“blue”) light. While exposure to blue light during the day is important for healthy circadian functioning, exposure to this light at night can disrupt the human circadian rhythm. This can affect everything from the timing of hormone release in the body to the duration and quality of our sleep, potentially resulting in adverse health effects.”
Thank you for considering these draft standards, which are straightforward ways to reduce unnecessary bird deaths and protect both humans and wildlife from the harms of artificial light pollution at night.
We fully support the draft Bird Safe Design ordinance
Because there is only one version of the Bird Safe Design ordinance proposed for adoption, and those standards are well-crafted, we fully support the adoption of the Bird Safe design ordinance without modification.
The Environmental Commission ordinance (ECO) is superior to the Planning Commission ordinance (PCO)
The Environmental Commission ordinance (ECO) and the Planning Commission ordinance (PCO) have distinct language related to the application of the ordinance to existing non-conforming lighting. The ECO contains the following standards.
“1. Existing outdoor lighting of non-residential development shall comply by March 1, 2030 [five (5) years from the effective date].
2. Existing outdoor lighting of residential development shall comply by March 1, 2035 [ten (10) years from the effective date].”
“D. Extension. A private property owner may apply for an extension of these compliance deadlines by submitting a request to the Development Service Director ninety (90) days before the compliance deadline detailing why an extension is needed.”
These standards for existing non-conforming lighting conform to the timelines and requirements established by the City of Brisbane in its adopted Dark Sky ordinance. The timelines of 10 years for residential and 5 years for non-residential compliance are sufficiently long to allow for education and outreach to be conducted by the City. Furthermore, property owners can apply for an extension in edge-cases where compliance might be difficult.
These standards are essential to reduce light pollution over time. If these standards did not exist, existing non-compliant lighting could remain unchanged for the entire lifetime of that bulb or fixture. As written, the ECO gives a flexible and generous grace period for these requirements while still ensuring that Los Altos moves towards its ultimate policy goal of reducing light pollution.
In contrast, the PCO does not apply the ordinance at all to existing non-conforming lighting. As written, it would allow for such lights to continue operating in perpetuity, so long as that lighting is not replaced.
Given the clear advantage that the ECO has in reducing light pollution over time, and given the generous and flexible grace period established by the ECO, it is a superior ordinance to the PCO, and conforms to precedent established by Brisbane and Malibu. Please adopt the Environmental Commission lighting performance standards.
Sincerely,
Dashiell Leeds
Conservation Coordinator
Sierra Club Loma Prieta Chapter
Shani Kleinhaus
Environmental Advocate
Santa Clara Valley Bird Alliance
1 1 in 5 migratory species are at risk of extinction, says a new UN report. World Economic Forum Feb 21, 2024
See also, https://www.cms.int/en/publication/state-worlds-migratory-species-report
2 Burt et. Al. 2022. The effects of light pollution on migratory animal behavior. 2022. Trends in Ecology & Evolution, Special Issue: Animal behaviour in a changing world.
3 https://darksky.org/app/uploads/2024/06/ALAN-State-of-the-Science-2024-EN-1.pdf