Bird Safe and Dark Sky
Adopted Bird Safe and Dark Sky Ordinance
On April 6, 2021, City Council adopted Chapter 19.102 Glass and Lighting Standards (Ordinance) with new rules to regulate design and construction of structures and accessory elements in all zoning districts to protect the natural environment, particularly enhancing bird-safety and reducing light pollution. The Ordinance establishes regulations to reduce light pollution, which is known to contribute to bird mortality, reduced visibility of the night sky, and adverse impacts to human health.
Applicability of Regulations
| Type Of Development |
Applicable Sections |
| New primary or accessory building or structure construction |
Sections 19.102.030 and 19.102.040 |
| Complete or Partial Remodel of primary or accessory buildings or structures |
Sections 19.102.030 and 19.102.040 apply to remodeled portions |
| Parking lot upgrade or redesign, excluding maintenance or repair activities (i.e., restriping, resealing, or repaving) |
Section 19.102.040 |
| New or replacement glass windows, doors, or features |
Section 19.102.030 (A), (B), and (D) apply only to the new exterior glass windows, doors, or features |
| New or replacement exterior lighting |
Section 19.102.040 |
| Exemptions |
See Sections 19.102.030 (E) and 19.102.040 (D) |
Bird Safe and Dark Sky Requirements & Standards
A complete list of regulations can be found in the Cupertino Municipal Code. Some of the new regulations include the following:
Bird Safe (Cupertino Municipal Code Section 19.102.030 Bird-safe Development Requirements)
- Bird-Safe requirements are applicable to all properties in Cupertino with the exception of certain properties in Residential Zoning Districts. Find out if your residential property is located in the Bird Sensitive Area by visiting Cupertino's Interactive GIS - Property Information and viewing the Planning: Bird Safe Area layer.
- Bird-safe treatments that include but not limited to, permanent treatments such as opaque glass, window muntin's, exterior netting, exterior screens, or special glass treatments such as fritting.
- Site planning to avoid funneling of flight paths along buildings or trees towards a building façade.
- Facades of all projects subject to bird-safe development requirements.
Dark Sky (Cupertino Municipal Code Section 19.102.040 Outdoor Lighting Requirements)
- Outdoor lighting must be fully shielded fixtures, directed downward to meet particular need away from adjacent properties and rights-of-ways to avoid light trespass.
- Maximum light intensity on a site shall not exceed a maintained value of ten foot-candles, when measured at finished grade.
- All light sources shall have a maintained correlated color temperature of 3,000 Kelvin or less.
- All outdoor lighting must be fully extinguished or be motion sensor operated by 11:00 p.m. or when people are no longer present in exterior areas, with exceptions.
- Lighting design standards such as lighting fixtures must be of a design that complements the building and landscape design.
- Prohibited lighting includes outdoor blinking, flashing, or rotating lights, flood lights, spotlights, and others as applicable.