Loading...
HomeMy WebLinkAbout28 - Action Plan to Resolve LIghting Issues at Fletcher Jones Motorcars�F,W PpRT CITY OF NEWir . &T BEACH COMMUNITY AND ECONOMIC DEVELOPMENT u S PLANNING DEPARTMENT 33oo NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644-32oo; FAX (714) 644-3250 PROJECT: SUGGESTED ACTIONS: Hearing date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL Action Plan to Resolve Lighting Issues at Fletcher Motorcars Approve plan January 26, 1998 28 Sharon Z. Wood (714) 644-3222 BY THE CITY COUNCII ITY OF NEWPORT BEA JAN 2 6 i �i.�v h I,c ones Direct staff to commence a 30- day review period when plan implementation is complete Direct staff to withhold final certificate of occupancy until all mitigation measures and conditions of approval are met The City Council received a status report and recommendations to resolve lighting issues on December 8, 1997, and a status report on those recommendations on January 12, 1998. Although progress had been made on implementing the recommendations of the independent lighting engineer and residents noted improvement, it was determined that additional work is needed to satisfy the mitigation measures and conditions of approval, and to address the concerns of neighboring residents. The Council requested that the residents designate two to three people to work with staff on resolving the remaining issues with Fletcher Jones. Staff visited an Eastbluff home to understand the concerns unique to that neighborhood. Following that, I met with a group of residents representing Eastbluff (Carol Boice and Barbara Quist) and the Bluffs (Carol Hartman and Hilary Thamer) to outline an action plan to address their concerns. Finally, I consulted with Fletcher Jones and the General Manager of the dealership to gain concurrence and a schedule for the action plan. Action Plan The attached plan outlines those actions that are acceptable to the residents' spokespersons and to Fletcher Jones. It recognizes that the replacement of lenses in the service entrance fixtures is complete, and shielding is still needed only on some lights on the upper parking lot. A report from the independent lighting engineer on the automatic lighting control system is attached to the plan, verifying that the system is in place and programmed as outlined in the plan. The system includes shut-off of the upper parking lot at 7:00 p.m., the lower parking lot and LED display at 10:00 p.m., and the service entrance lights at 11:00 p.m. Fletcher Jones' lighting engineer is verifying that the service entrance lights can be stepped down beginning at 10:00 p.m. In response to a request from the residents in the memo from Carol Boice (attached), he also is verifying that all the exterior lights can be turned off at the dealership's earlier closing time on weekends. The system cannot be programmed for holidays, and staff recommends that early shut-off be done manually on holidays. All parties to the discussions agree that the interior lighting should be on manual control, to allow lighting to remain on, area by area only, for cleaning of the facility after the 10:00 p.m. closing. A letter from Fletcher Jones to the cleaning company, outlining the required procedures, is attached to the plan. Staff is continuing to work with a landscape architect to design and implement an off-site landscaping plan to address the problems of glare and reflection. Plans showing the areas in which landscaping can be added and information on plant materials acceptable in the sensitive habitat areas have been provided. I anticipate having a landscape plan by the end of February. Outstanding Issues The parties have not been able to reach agreement in one area that is covered by the mitigation measures and conditions of approval, the reflection of interior lighting off the white walls in the showroom. Fletcher Jones had initially felt that screening or blinds to diminish this impact would have a negative impact on his business operations. As part of our most recent discussions, he did investigate the use of screens on the upper two panes of the showroom windows. Unfortunately, the cost of this treatment was considered prohibitive, especially as it was not clear that it would solve the reflection problems of the residents or the late afternoon glare experienced by the dealership. Staff has encouraged Fletcher Jones to consider other ways of reducing the impacts of interior lighting, such as repainting or papering the showroom wall or adding wall hangings or indoor planks. Mr. Jones believes the other changes he has made or agreed to make bring him into compliance with the mitigation measures and conditions of approval, and that further changes to the interior will compromise its design without having a noticeable effect on light impacts. It is staff s opinion that, unless the interior light impacts are addressed, the facility will not comply with the mitigation measure requiring reduction in light impacts on the habitat areas and the condition of approval requiring that the project be designed to eliminate light and glare spillage on adjacent uses. In addition to addressing the mitigation measures and conditions of approval for the project, the Eastbluff residents have requested some mitigation for the glare and reflection off the white walls on the south face of the service building. Fletcher Jones did explore the addition of landscaping to soften the building in this area. His landscape architect advised that palm trees consistent with the overall site landscaping are not appropriate for this shady location, and Mr. Jones does not wish to change the project's design with other plant materials. Page-? Review Period The residents have requested a period to review the effectiveness of the items in the action plan, after they have been implemented. At the meeting of January 12, the Mayor suggested a period of thirty days, which staff agrees is reasonable. Staff suggests that we notify the City Council and the resident representatives when we determine that the plan has been implemented, and provide a report at a Council meeting at the end of the review period. This report will evaluate the project's compliance with the mitigation measures and conditions of approval, and provide an opportunity for the residents to comment on the reduction in light impacts, as well as for Fletcher Jones to comment on any effect of the changes on his business operation. Based on this information, City Council can determine if the project lighting is acceptable. Certificate of Occupancy The certificate of occupancy is not to be issued until the City has evidence that the objective of reducing the effects of night lighting on the adjacent habitat areas has been met. Because staff believes that the impacts of interior lighting have not been addressed, we are recommending that the certificate of occupancy be withheld until the City Council determines that all mitigation measures and conditions of approval are satisfied. If the City Council wishes, the final certificate of occupancy could be issued at this time, as lighting is the only outstanding City issue with the project, and Fletcher Jones' final payments to the architect and contractor are being held back. If the Council chooses this alternative, staff recommends that Fletcher Jones be required to provide the City with security to comply with all mitigation measures and conditions of approval. SHARON Z. WOOD Assistant City Manager A Z�4 . . Attachments: Action Plan Letter from Konsortum I Letter from Fletcher Jones Motor Cars Memo from Carol Boice Page 3 r FLETCHER JONES LIGHTS ACTION PLAN Item Status Attachment #I Shielding Lower parking lot - Complete Upper parking lot to be completed by 1/30/98 Service entrance lenses Complete Automatic lighting control Independent lighting engineer verifies system is programmed to do the following (Letter attached): • Upper parking lot off at 7:00 p.m. • Lower parking lot off at 10:00 p.m. • LED off at 10:00 p.m. • Service entrance off at 11:00 p.m. FJM to verify ability to step down service entrance at 10:00, and shut off exterior lights earlier on weekends by 1/26/98 Interior lighting Letter from FJM (attached) to cleaning company requiring minimal lights in each area only as it is being cleaned Landscaping Landscape architect to complete off-site landscaping plan by February 27, 1998. Januar•, -, ;. 1 m),S \1,. Ym rn Wood Tlec Cite Of \comport [each ";Ott Newport Blvd. Ncl�por( [icach. ('alifrnrria O168�-891 Rk.. hletcher.lones Motorc;irs - l,ightintf Stud) KO SSORT'I %;1 f 1 1,7248-00- 10 ;' Deal 'tiharon, Attachment #2 KO, �SOR TUIV 1 Rif;i:►�rK.a l Y 4° ENT 1"1"Y of-.' t ....11aP, r r-4EACH F,� t.,� t�l � � n '� • ti '�^ PCr Hour recluc,�t, the licllos+inp, is a snntlTtary of the s(atlls of the "lighting control rcvislo s' at tl)e ahove- 111clitioned project. This sLdus report is based (111011 my 1/20/98 telephcme conversation \villi Bob loluts(on, of, f'lelchcr Jones Motorcars, and nlr \Pill to the site on file evening of 1/20/98. [ hr rooftop parking garagv livilt, turn off at approximutcly 7:00 p.tn. ( )ill), selected "security., lighting appears (o rcnulin on after -l".00 p.111. It ulpears 117(1/ 1hr installation ofs/tic/d, i.S not vef c c1My1/c•tr r1.� .Sour( (if the ivOlfc .% oNW(rr 1r) /w visuo/l1' bright I he I:! 1) dispduvs ltir-n oft ,It apt nwlllilfo� 10:00 [1.111. In addition, %Mr. Johrtsto11 is currenlls \'i'r rf.vill , Il (hese displilys can also 1w lurncd off oll Saturdays and Sundays. as well as holida%';. I he exterior "ales are;1' ligluing terns oft al apploxrmatcly 10:00 p.m. Only sedccicd "scctrrit... lighting appears to remain on afler 10.00 p.nt. It would/w advuxtf(wes to I1/!'n of/ Ille.w hy'llf.s (1t C111 (11"licr tiler on ,Suturduvs and toldol.s. us well, as h"Ivirltf f/w/11 off ort holiduv.s I 1 he ' Service l,;t\ lights turn olf al c1111)r,.t\inl:rtrlN 11:00 11.111. In addilion, Mr. Johnston is currently vcrilying il* t11', lightinc, can also he "stepped down" it an curlier time. This ":sfcp dorwr n/ 11:i�hfifl levob; s'hould h(' c oldit'tn•ed such thaf llION(I lights that MV illtrrtlinafint, rr(rlls 1/411 /cr, r OR, M/TO1111dilrt, llv i!hhor� b" Shu/ oll first. f'Ite improvements to the c.xleric,r (,i the itc irmkc the interior appear to hC fhr hrightCsl cluructll 01'I11e projCc(. 1! sou bus r ani tlucslions, or require 1,111-111(1 dill ifrcatlon, plcsrsc do not hCsitutc to call. '�inecrrl� _ h O'NSOR TUM l 1'rc>;icic11t � ;rsv I 11\ rI11:!I Bio. I `ROI ",k\ P;Irk ('irrlt. Suitc'T" lrvinc. t adifOrni(t 92614 Z/Z a0ed 9, qof' 6?:01- 86/SZ/t0 KOAfSORT(lr'1'! / (71 14) 221-01,2 47 11) 221-0430 1:ax ocvo tZZ t7 tL t t 1Nf11a0SNON 771jues FLETCHER) JONES January 20, 1998 Mr. Edward R. Tuitt President Complete Building Maintenance 4220 Glencoe Ave. Marina Del Rey, CA 90292 Dear Ed: Attachment #3 RE IVEP BY f 't,ANibWW'U, DEPARTMENT U'f'y OF � EV0PORT BEACH Per our conversation on January 5, 1998, would you please instruct your staff to clean our showroom first in the evenings between 9:30 p.m. and 10:00 p.m. It is very important that they use only the necessary lights while cleaning and that the lights are turned off once they complete their work, with the exception of the security lights. As they work their way through the offices on the second floor, please ask them to turn on only the necessary lights as they go so that all the lights will be turned off as they complete each and every area. This is very important as we are making a tremendous effort to accommodate our neighbors across the Back Bay and are doing whatever we can to minimize the impact of the lights reflecting across the water into their homes. Thank you for your prompt response and cooperation. Everything appears to be going very well and I certainly appreciate your attention to detail. Sincerely, Garth Blumenthal General Manager B/bf cc: Sharon Wood City of Newport Beach 3300 Jamboree Road Newport Beach, California 92660 Sales 714.718.3000 Service 714.718.3200 800.927.3576 Fax 714.718.3100 www.fimercedes.com Attachment #4 ADDENDUM TO DRAFT REPORT TO THE MAYOR AND CITY COUNCIL To: Sharon Wood (care of Kevin Murphy) From: Carol Boice (Eastbluff representative) Date: January 19, 1998 Subject: ACTION PLAN TO RESOLVE LIGHTING ISSUES AT FLETCHER JONES MOTOR CARS SUGGESTED ACTIONS: Approve plan, as amended in Addendum. Direct staff to commence a 30 -day review period when plan implementation is complete. Provide direction on issuance of final certifi- cate of occupancy. AMENDMENTS TO THE DRAFT FROM EASTBLUFF (AND BLUFFS) REPRESENTATIVE: 1. Lighting control system to be implemented at the 7:00 and 10:00 shut off times only when the dealership is open for business on Monday, Tuesday, Wednesday, Thursday, and Friday. This means nightly lighting five days a week, less_ four holidays (Thanks- giving, Christmas, Easter, and July 0 and 52 weekends. -on Sat- urday and Sunday evenings when the business closes at 6:00 p.m. After 6:00 p.m. the midnight -level of lights should go on. -he midnight -level of lights should apply to the 4 holidays also, since the business is closed. Rationale: under the current draft, the residents must endure 5 hours of intense light spillage 7 days a week, even when the dealership is closed Saturday and Sunday evenings and 4 holi- days. This amounts to approximately 1,825 hours of blinding lights during evening meals, sleep hours in the evening, and spillage into their yard areas. The residents are asking that the lights be lowered to 1,389 hours so that they can have "weekends off" from covering .their eyes and celebrate holidays with family and friends in their homes without the blinding lights.when the dealership is closed to business. The Service Center is also closed at 6:00 p.m. Saturday and 1:00 p.m. on Sunday. Residents could also go to bed before 10:00 p.m. The savings of electricity and wear on halide bulbs for 436 hours per year (giving residents a weekly break) would mean more income to the dealership. This would not interfere with advertising, because motorists cannot drop in to the dealer- ship on Saturday and Sunday evenings and the 4 holidays,because it is closed. The amount of traffic passing by the dealership during those closed hours are mainly residents, who certainly know that the -dealership is there. 2. Lighting flumen measurement standards need to be built in to the Certificate of Occupancy. Currently the ilumen count is 315,(?) or 3 times dealerships in commercial.end industrial complexes. The residents are requesting that the lights be lowered in the ilumen count to 120 to 150. Infractions of the ilumen levels should result in revocation of the Certificateof Occu- pancy. This:also applies to lighting controls; as daylight savings changes, so will the timers have to be adjusted. The lights and length of time the lights are on should not "creep A up" over the years. We need standards of measurement and a (' baseline. These standards of measurement must be established during the 30=day review period before the certificate is issued. 2. (.Amendments to the Draft continued) 3. Shades need to be ceiling to floor, not 2 windowpanes. Rationale: the dealership has not been open in the months of May, June, and July. The sun will change direction and shine intensely down the Back Bay into the showrooms. The glare off the water will be blinding to customers and employ- ees looking towards the Bay and blinding inside the showroom as it bounces off of the white walls. The heat will also be terrible, adding strain to the air-conditioning system inside the showrooms. Installing.ceiling to floor shades gives the dealership flexibility to lower these shades as the sun changes position. The shades can save air conditioning costs. The shades can also be drawn in the evenings to block out offensive light radiating toward the residents as it bounces off white walls. Cleaning crews could also draw the shades. Shades for only the top 2 windowpanes is a tiny bandaid measure for a gaping wound. 4. Landscaping: vines or trees on the Service Center side should mature to an effective heighth within 6 months of planting (planted during the 30 -day reviewperiod) to break up the massive white wall space which causes extreme glare problems during daylight hours. These plants (or any other landscaping) should have a reasonable growth period to be effective within a short time (not years). Bay View Drive landscaping along the city street should be thick and tall to camouflage employee's and customers' cars (small foreign cars to trucks and motorhomes), double-decker Mercedes' delivery trucks, cement mixers, Ryder trucks, etc. that park along that street (about 50 cars.) Since it is like a parking lot, it should have hedgerows and trees (like other Newport Beach parking lots) and be similar to the foli- age that surrounded the Mercedes' Dove street facility it previously occupied (greenery there did not pose a security problem.) Foliage would not block the view of the Mercedes cars, because they are displayed at a higher level. The resi- dents.and motorists would still have to endure the eye -piercing flashing sunlight reflections off metal and windshields from their homes and driving down Jamboree (motorists have to pull down sun visors, approaching the dealership)from one level of cars, but it would eliminate the city street row of cars. Landscaping Bay View Drive along the catch -basin would enhance the appearance of the dealership dnd detract from the "trashy" description of the weeds and_ the huge sewer pipe,which is the first impression motorists get when theycome to Newport Beach. Jamboree Road on the Bay side in front of the dealership needs tall, bushy plants to block night reflections emanating from the dealership and glare off Mercedes' win:bhields and metal,by day. Foliage would protect the dealership from sun reflections off theBay May -July. The thick plants could also block the putrid, rotten -egg odor, blown onto the dealership during those months in Spring and Summer,from the state wildlife refuge. 5. Paint the lightposts beige to cut reflections on the poles and improve their aesthetic appearance during the day. Paint the Service Center in non -reflective beige to cut glare and blend in with the marble front and earth -tone buildings adjacent to the dealershin. Los Angeles Times, "Light Shone on Body Parts Can Reset Ryhthms," January 17, 1998, (excerpts) "New research shows that bathing different parts of the body with light, even the knees, can reset your biological clock." "Until we did this study, it was widely assumed that in mammals, including humans, their biological clocks could not be affected by light except through the eyes. So this is quite a surprising result," said chronobiologist, Scott Campbell of Cornell University. "This discovery makes us more like plants and other animals" (fish, lizards, birds, etc. in Back Bay)"whose circadian rhythms respond to light, even if they're blind." The new results were published in the Journal of Science and "opens up the possibility of resetting the clock 4uring sleep." Researcher, Dan Oren, at Yale University, and Michael Terman, at Columbia University, suggested that "light may be picked up by hemoglobin molecules in red blood cells, which could interact with the bloodborne compound mela- tonin, to alter the biplogical clock." New York -Times,_ "Surprising Theory on the Body Clock," January 16, 1998, p. 1, (excerpts) Dr. Thomas Wehr, chief of clinical psychobiology, at the National Mental :ealth Institute in Bethesda, MD, said: "There are more biological mechan- isms underlying the human response to light than was dreamt of in our original hypothesis. "Previous experiments with bright light delivered to the eyes showed that'it was possible to advance or delay the body clock depending on when the light is given...For-those treated=with light, the timing of their minimum body tem- perature shifted by up to three hours ... This is the first demonstration that you can affect the human clock without going through the eyes ... It could be via skin cells, which are sensitive to light." "Some creatures have light sensitive cells on their bodies that help regulate the master clock. Horseshoe crabs have clock sensors on their tails; swal- lows have them just inside their skulls, and, fruit flies have time -keeping genes active in the legs, wings, and hair bristles, suggesting that the entire body helps keep track of time. Because the amount of daylight changes through the seasons, every animal has to reset its clock every day. Humans are thought to possess a master clock in the brain called the suprachiasmatic nucleus that gives temporal organization to everything that we do, but no one ever imagined we had light sensitive cells on any part of our bodies outside of the eye." Light can be a factor in sleep disorders, depression, and jet lag. Light can advance or dela,y the biological clock by up to three hours. THESE ARE SOME EXAMPLES OF THE LATEST RESEARCH ON THE EFFECTS OF LIGHT ON THE RETINA AND ALL BODY CELLS ON HUMANS AND ANIMALS. q