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HomeMy WebLinkAbout22 - Progress Report on Lighting at Fletcher Jones Motorcarsp�RT CITY OF NEW. ,bT BEACH Hearing _mate: January 12, 1998 p @ COMMUNITY AND ECONOMIC DEVELOPMENT 22 Agenda Item No.: PLANNING DEPARTMENT Staff Person: Sharon Z. Wood 33oo NEWPORT BOULEVARD (714) 644-3222 NEWPORT BEACH, CA 92658 (714) 644-3200; FAX (714) 644-3250 ME BY THE CITY COUNCIL ` CPN OF NEWPORT BEACH REPORT TO THE MAYOR AND CITY COUNCIL JAN ! ?_ . PROJECT: Progress Report on Lighting at Fletcher Jones Motorcars SUGGESTED ACTION: Receive and file report, and provide direction to staff for further action. Background The City Council received a status report on lighting at Fletcher Jones Motorcars on December 8, 1997. At that time, a report and recommendations had been received from a lighting engineer retained by Fletcher Jones to address the concerns of the neighbors and the City. The Council requested that a progress report on implementing those recommendations be provided at the meeting of January 12, 1998. Progress on Recommendations Following is a discussion of progress in the five major recommendation areas. Shields It was recommended that the previously existing partial shields be relocated to fixtures that will not reflect light, and that all of the light fixtures be retrofitted with new shields that extend around the entire fixture and restrict light above the 90 degree angle. Fletcher Jones has completed relocation of the previous shields, and has nearly completed installation of the recommended full shields. Some fixtures in the upper parking lot do not yet have shields, but they have been ordered and should be installed within a week. The shields recommended by the lighting engineer were two to two and a half inches long; the ones installed are approximately four inches long and provide greater reduction in the light and glare spillage on adjacent properties. The lighting engineer and staff believe that, with the completion of the recommended shielding, this technique will have accomplished as much as possible to comply with the mitigation measure and conditions of approval requiring that project lighting be directional to reduce impacts on the Transportation Corridor habitat mitigation site and to eliminate direct light and glare and spillage on adjacent uses. Screening with landscaping, as discussed below, also is needed to comply with these conditions. Service Entrance The recommendation for this area was to replace the dropped lenses in the light fixtures with flat lenses. This has been done. Additionally, staff observed that the red LED display at the service entrance has been turned off in the evening. While these changes decrease the light from this location, staff believes that both the service entrance lights and the LED display should be part of a lighting control system that turns them off at 10:00 p.m. This would bring them into compliance with the condition of approval requiring that any light facing towards the residential or neighboring properties be turned off at 10:00 p.m. Interior Lighting Some type of blinds or screens were recommended to shield the interior lighting, and Fletcher Jones had indicated that he needed more information to determine if this is feasible. Mr. Jones has determined that implementing this recommendation would adversely impact his business operations and security by giving the appearance that the dealership is closed earlier than is the case and by reducing visibility into the facility. Light from the interior of the facility continues to be a significant concern for the neighbors, however. Because of the extent of white used in the interior design of the facility, light reflects from the interior even after the parking lot lights are turned off. The interior lights frequently remain on after the designated closing time of 10:00 p.m., as the paperwork on a late sale is completed. Staff is suggesting that we continue to work with Fletcher Jones on ways to mitigate this impact and comply with the conditions of approval requiring that any light facing towards the residential or neighboring properties be turned off at 10:00 p.m., and that the project be designed to eliminate light and glare spillage on adjacent uses. Landscaping It was recommended that landscaping be provided on the south side of Bayview on both sides of Jamboree Road. This was intended to reduce glare and reflection of light off the Upper Newport Bay. Staff is also hopeful that this landscaping will provide relief from the interior lighting, as well as from the reflection of sunlight off cars parked on Bayview, which has become a concern as the sun has shifted to a lower position. The report for the City Council meeting of December 8, 1997, indicated that landscaping in the recommended areas would need to be designed with concern for motorist sight distance and public visibility of the dealership. Since that meeting, we have begun working with a landscape architect, and learned of additional issues that need to be considered, such as the appropriateness of plant materials for the Bay and habitat mitigation area, the salt content of the soil, and irrigation needed to establish the landscaping. We will continue to work on these issues and implement a landscaping plan as quickly as possible. Page 2 Lighting Control In December, it was unclear what kind of lighting control system had been installed in the facility, and whether it is capable of satisfying the condition of approval requiring a timing device to turn off any light facing the residential or neighboring properties at 10:00 p.m. The lighting engineer and contractor have verified that there is a programmable time clock at the facility, and that it is programmed to turn off the roof parking lights at 7:15 p.m., and the main parking lot lights at 10:00 p.m. The interior lights are not wired into this system, and they can remain on indefinitely. This is one of the greatest sources of concern to nearby residents. The existing lighting control system could be adapted to include the interior lights with some rewiring. Staff believes this should be done to satisfy the condition of approval. Because Fletcher Jones has indicated a need for interior lights to remain on for a short period of time after 10:00 p.m. to conclude transactions in progress, it may be preferable to change to a more flexible lighting control system that allows individual lights in an area to be turned off at different times, providing a "step-down" of lighting. It is possible that controlling the timing on the interior lighting would eliminate the need to screen it, and staff suggests that we evaluate the effectiveness of timing control before further work on interior screening is done. Neighborhood Comments Since the meeting of December 8, 1997, the City has received five additional letters from residents of the neighboring areas, which are attached to this report. They indicate ongoing concerns with the lighting levels, both interior and exterior, and the need for shields, landscaping, lighting control, and other measures such as repainting the facility and adding landscaping on site. In addition, some residents have requested that the City not issue a final certificate of occupancy for the project until the lighting issues have been resolved. As indicated earlier in this report, staff believes that additional work should be done on landscaping, interior lighting and lighting control. The lighting engineer and landscape architect advise that additional landscaping will be most effective in reducing light impacts on the neighboring residential areas if it is off site, south of Bayview. This is consistent with the requests of some neighbors. Because the on-site landscaping has been installed in conformance with the landscaping plans for the project that the City approved, staff does not believe it would be appropriate to require additional on-site landscaping at this point. Likewise, it would not be appropriate to require repainting the building, since the City does not have design review requirements. Certificate of Occupancy The mitigation measure that addresses lighting states that the project proponent must provide evidence to the City that the objective of reducing the effects of night lighting on the adjacent habitat areas has been met prior to the issuance of a certificate of occupancy. The dealership has been operating with a temporary certificate of occupancy since September, at which time there was a long list of items to be completed before final occupancy could be released. At this time, the only outstanding item of City concern is lighting. Page 3 Fletcher Jones has made significant progress in implementing the recommendations of the lighting engineer to reduce the light impacts from the facility. Nonetheless, additional work needs to be done to satisfy all of the mitigation measures and conditions of approval, specifically with regard to landscaping, interior lighting and lighting control. Staff believes that the final certificate of occupancy should not be issued until this work is complete, its effectiveness has been evaluated for a period of thirty days, and the City Council has determined that no additional lighting mitigation is required to satisfy mitigation measures and conditions of approval on the project. If the City Council determines that the lighting issues alone are not sufficient to withhold the final certificate of occupancy, an alternative would be to issue it on the condition that Fletcher Jones provide the City with security to complete implementation of the lighting recommendations. This would release the general contractor from the project and allow for final payments, but provide the City with the leverage and financial ability to complete the lighting recommendations. SHARON Z. WOOD Assist nt City Manager Attachments Page 4 North Bluffs Bay View Community Association December 22, 1997 Mr. Thomas Edwards, Mayor, City of Newport Beach Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Dear Mayor Edwards, Congratulations on becoming mayor of the City of Newport Beach! We appreciate the time and dedication serving ones community requires. We also would appreciate your time to help us with the problem of the lights at the new Fletcher Jones Motorcar location on Jamboree Road. Members of the North Bluff Bay View Community Association have met with and have been communicating with, both by telephone and letter, Sharon Wood, Assistant City Manager, about the severe light problem caused by the Fletcher Jones Motorcar dealership. We were pleased that a lighting consultant was retained to study the problem and make recommendations to mitigate the light spillage from the dealership. The consultant, Mr. Swartz, was at the meeting at Hillary Thamer's home in the Bluffs area, and saw how severely the dealership lighting affects the homes on the bluffs. The light reflection off the water in the Back Bay is a major problem for those who live in the Bluffs and the seriousness of the problem can only be appreciated by seeing it in person. With that in mind, landscaping between the dealership and the Back Bay becomes imperative to screen the lights from the water. Thus, it was very disappointing to read the status report on the lighting at Fletcher Jones Motorcars presented to you by Sharon Wood, Assistant City Manager. We do not believe, as stated in the report: "Staff and the lighting engineer believe that the recommendations address all of the mitigation measures and conditions of approval on the project". The tone of the report conclusions minimize the importance of satisfying the affected neighborhoods and suggest that Mr. Jones will decide which solutions he will implement. We take umbrage at that attitude! Review the E.I.R. - Fletcher Jones Motorcar's facility is not in compliance with low wattage and directional lighting to eliminate spillage as required. As stated above, the landscape needs are not properly addressed and actually have the location of plantings in the wrong orientation to shield the Back Bay and reduce the reflection off the water. Trees need to be planted on the East and West side of Jamboree. We have some further suggestions we would like to see implemented as follows: • The shields on the light standards need to be 360° around the lights and on every light standard and extend a minimum of 12 inches below the bulb. All the light standards must be painted a matte finish in a darker color that does not reflect the light. The light consultant suggested this at our earlier meeting. • The service entrance lights need to be reduced and turned off when not necessary. Leaving them on all night long is not necessary. There should be a cut off hour every evening. They are currently turned off only occasionally on Sunday night. • Beside turning the interior lights off that are not absolutely essential, we recommend interior plantscaping which would act as a shield and absorb some of the light. CMC Association Management 2492 Walnut Ave. Tustin ,CA 92780 • We suggest lighting should be in line with other dealerships. Currently, Fletcher Jones Motorcars, has at least twice as many light standards as other dealerships in the area. Because of Fletcher Jones Motorcars location, its proximity to residences, it should have less light. Note:' see attached graph on other dealerships in the area. We would request that after all mitigation measures have been instituted, that we have at least 90 days to observe and critique the effectiveness of those measures before final Certificate of Occupancy is approved. We also request that final approval of that Certificate be passed by the entire Newport Beach City Council. Sincerely, Larry Stinson, President North Bluff Bay View Community Association Attachment: I cc: Jan Debay, Councilwoman Norma Glover, Councilwoman John Hedges, Councilman John Noyes, Councilman Dennis O'Neil, Councilman Tom Thompson, Councilman Sharon Woods, Assistant City Manager Garth Blumenthal, General Manager, Fletch Jones Motorcars "T,a�y\5I mz 40 o 300 Zoo 100 F L'E7CN e�r< NSWr=-r LAND -V UT L V- :::rb N e�S AU-ro "KOVlET-- C -LX L\L GEWru- r- r1 �$, M �T 54815 1 I-IV vINE % +a - Dve, g-V-� stn c v-, n -- \e, o v e -r -o cJ e� 1 l l Lk�.-�- ��n1IlLkYY\\Y\C���lDN c •M X0.5 V..Y-fid. W �S d4 DYE � �O � U� fn� iC;Y• q � W �(1 ��1 � Off, S l Q� �t'i 111,3e_u�l� ���e✓ �rS� Y�co�c� �r� -\�-�e`� `n�i�� �1 '-�ne� i o� a -A cl gYap%�t�q -4� e, o vPur a.qJ V, c.,. 4-V e✓ 1� �c�N 0 V _ ��110� `1vC' Ye/C-V ccs. I S cc, ` e� I ,�rne_Y,S -pwN Sgv�c.r� �M a\ c�V� Yc� UM�� b� 1��� MNV\Allko\n. Thomas Edwards, Mayor City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mayor Edwards: y Peter James Bryant 426 Vista Parada Newport Beach, California 92660 RELtivtu n i :"LANNING DEPARTME �cember 24, 1997 CITY OF NEWPORT BEA lF�� � �..R�0Z W7 PM I write concerning the serious light pollution problem caused by the new Fletcher Jones Motor Cars dealership on Jamboree Road. I wrote to you about this in August 1997 and wrote to the City Planning Department in October 1997 requesting a copy of the lighting plan. I did not receive a reply to either letter, so I would be especially grateful for a reply to this one. r Many of my neighbors and I feel betrayed by the City over the way this issue has been handled. The Envirorunental Impact analysis was seriously flawed in two respects. First, the EIR failed to analyze the liahting issue at all, delegating this to the City planning department. This prevented any public review or comment on the lighting. The information and graphics in the EIR showed no light posts at all! Second, the dealership failed to comply with the legal requirement for a lighting -plan and the City failed to comply with the requirement that it review and approve the lighting plan before approving the building permit. Instead of complying with the EIR requirements the City apparently attached a set of "Conditions of Approval" which are not quantitative with respect to light intensities or direction and so could not be enforced. As a result, the lighting arrangements at the facility are totally inappropriate for this light-sensitive location. I have reviewed the Lighting Study recently prepared by KONSORTUM 1 for the City. Many of their recommended changes would reduce the impact of the excessive light from the dealership. However, the authors are unduly cautious in their recommendations. Although they claim that the "study is based solely upon KONSORTUM 1's opinion of the project's compliance with the Conditions of Approval" the authors are, by their own admission, also basing their recommendations on cost considerations as well as consideration of the advertising functions of the lights. These considerations should not be part of this study. They even state that the expense of painting the poles would be "tremendous and prohibitive"! This is ludicrous, considering the company has a projected income of $200 million in 1998. None of the statements on cost or advertising functions is based on any data, and the City should refuse to accept such a flawed and incomplete report. The City must require Fletcher Jones to bring this facility into compliance regardless of cost or effect on advertising functions. The City should consider all possible options, not just lova-cost retrofits to the parking lot lights. The glare problem faced by Eastbluff residents is due to a combination of the showroom lights, the outside floodlights, the service area lights, the parking lot lights and the rooftop lights, together with reflection off the bay from all of these sources. The problem is that AI.L of these lights are excessive. The City should require that the number and intensity of lights be reduced, as well as requiring the directional shielding and timing devices recommended by KONSORTUM 1. It is regrettable that approval was given in the first place for such a large commercial facility adjacent to a globally significant nature reserve, and in full view of hundreds of residents who bought their homes, at least in part, for their spectacular daytime as well as night-time views. The City and Mr. Jones should recognize that a facility. in such a sensitive location should not have a lighting system like that of conventional dealerships even in "low -competition" areas. I request that the City refrain from issuing a Certificate of Use and Occupancy for this project until my neighbors and I have had an opportunity to review the detailed plans for compliance, and to judge whether the installed lighting meets the objectives of the plan as required by the EIR. Yours sincerely Peter J. Bryant, Ph. D. cc: Sharon Wood, City of Newport Beach Hilary Thamer Terry and Carol Hartman Shirley Harris Fred Martin Russ Kerr Shirley Parker Elizabeth Thamer Henry and Thelma Burke Larry Stinson Lee Oliver Other residents Martin B. Migdall 406 Plata Newport Beach, CA 92660 January 5, 1998 Tom Edwards, Mayor City of Newport Beach 3300 Newport boulevard Newport Beach, CA 92663 Dear Mayor Edwards: REGVIV4lj u --LANNING DEPARTMENT ITY OF NEWPORT BEACN I. k10L M7 AN4j. if It is with great consternation that every night we see the garish lights emanating from Fletcher Jones Auto Dealership across the Back Bay from our home. We were particularly irritated that our city officials appear to be unaware of how ecologically sensitive this area is or unconcerned about disturbance to the community. Now we have learned through the diligence of one of our neighbors that, in fact, this enterprise has not complied with all the conditions for occupancy and that there has been no approval for the bright lights at night. There also seems to be some subterfuge involved, as the completed structure was not built, insofar as the outdoor lighting at least, in compliance with the plans submitted for approval. There also seems to be some dissembling going on as to how and why they are allowed now to continue to offend the rest of the community as well as the ecological balance in the adjacent bird sanctuary. This matter is particularly troubling because this non-compliance has been brought to the attention of those precisely responsible for enforcing the building codes and maintaining the beauty and character of this community. Now that this matter has been brought to your attention once again, we trust you will carry out the duty entrusted to you by the community and stop this offensive pollution forthwith. We appreciate your prompt attention to this matter. Very sincerely, Martin Migdall cc: Peter Bryant Jan Debay, Councilwoman Norma Glover, Councilwoman John Hedges, Councilman John Noyes, Councilman Dennis O'Neil, Councilman Tom Thompson, Councilman / Sharon Woods, Assistant City Manager Michael J. Buchan 422 Vista Parada, Newport Beach, CA 92660 (714) 760-3984 RECEIVED January 4, 1998 Mr. Thomas Edwards, Mayor, Citv of Newport Beach, 3300 Newport Boulevard, Newport Beach, CA 92663 Dear Mr. Edwards, RE: Fletcher Jones Motorcars Lighting *% JAN -9 A10 :24 OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH I write in support of a letter to you on the above subject by my neighbor, Mr. Peter J. Bryant. I concur with the comments in Mr. Bryant's letter regarding the excessive briahtness and alare from the lights of Fletcher Jones and ura_e that the number and intensity of these lights be substantially reduced. It is my recollection that the Marriott Suites Newport Beach Hotel, at the adjacent location, had significant restrictions placed upon it regarding its lighting based on the Environmental Impact Report of that time. The Marriott subsequently won praise for its subdued lighting. It seems strange to me that the same restrictions would not be not applied to Fletcher Jones. It certainly makes one wonder if the influence of Fletcher Jones, as the sinale laraest sales tax base in the Citv of Newport Beach. clouded the judgment of our city officials in the issuance of a building permit without any lighting restrictions in an environmentally sensitive area. I join my neighbors in urging that the city restrict the number and intensity of the lights at Fletcher Jones Motorcars. Yours trul , Michael J. Chan c.c. Mr. Peter J. Bryant RECEIVED BY 'LANNING DEPARTMENT CITY OF NEWPORT BEACH City Manager Newport Beach���t��Q,�'� 3300 Newport Boulevard Newport Beach, CA 92661 It has been 30 days since the residents City Council meeting on December 8, with the requests were described as "simple and easy" the Fletcher Jones Motorcar dealership. Only been partially fulfilled: r-rol Boice 2945 Catalpa Newport Beach, CA 92660 January 7, 1998 of Eastbluff came to the following requests. These to remedy with regard to one request to date has 1. Turn down the lights between 5:00 and 10:00 p.m. so that residents can look out their windows and use their yards. This request has been partially fulfilled as shown in the attached photographs. 2. Landscape Bayview Drive where customers and employees park their cars (and double-decker car deliveries are made) with tall bushes or hedgerows (like Fashion Island or any other parking lot in Orange County) to cut off brilliant flashing reflections of sunlight,bouncing off windshields,which blind residents during daylight hours (particularly between 10:00 a.m. and 1:00 p.m.) Also, the area borders an unsightly slough and sewer pipe. It needs aesthetic beautification through landscaping to be in keeping with the rest of the community. Even freeway offramps have landscaping in industrial areas, as well as residential. 3. Paint the Service Center stucco, which is in glaring white, a beige or earth -tone color to complement the beige Osso marble travertine front of the building. The glow -white lamp posts also detract from the beautiful marble and the pretty palms in front. The enormous seance of glare on white paint, with no break, is what the residents of East - bluff view. One has to look away from the eyesore'if sit- ting in our yards or patios. 4. Plant tall palm trees along the Service Center side to match what the street view is like, for the residents to view,to break up the massive domination of the building on Jamboree Road ... an eyesore to residents. Although the lights have been dimmed a bit, we can still read our books by the lights of Fletcher Jones Service Center at 10:00 at night, due to the spillage almost a mile away. Sometimes the lights are dim- mer, but there is tremendous inconsistency. Other times they blast us, like on Christmas Eve and Christmas Night. Since requests 2, 3, and 4 have not been granted, the residents of Eastbluff would like another 30 days for Fletcher Jones Motorcar to solve the daytime glare, sunrefl_ection, landscaping, and paint problems; par- ticularly since General Manager Garth Blumenthal has never met with the Eastbluff homeowners to see his facility from our perspective (about 100 homes on Catalpa, Carob, Cassia, and Alta Vista Streets). He has met with (along with City Council members) condominium owners in the Bluffs. May I suggest the Quist home between 10:00 a.,n. and 1:00 p.m. for glare on 0 car windshields and off the massive wall. Then meet again at night between 5:00 p.m. and 10:00 p.m. for a light show that will shock your system! 'heir home is the worst hit in Eastbluff. You can also see the glare off ,f windshields during the morning hours as far away as Santiago and Irvine Avenue. On December 25, 1997, the Orange County Register's article, "Fletcher Jones by the Numbers" stated that he has raised $154.3 million over the past year and is projected to have an income of $200 million by 1998. He invested $13 million in the Jamboree site (does this include $11,000 in new light bulbs and $5,000 for the lighting consultant?) Therefore, the neighbors can be assured that they do not have to take up a collection to raise money for palms, landscaping, and paint to correct flaws in the facil- ity which would enhance the neighborhood, as well as his own business. The costs would not even make a pin -prick dent in $1 million of his $200 million profits. We are trying to be good neighbors, and we would hope that Fletcher Jones would also want to have rapport with the residents of Newport Beach. Fixing up his facility with proper landscaping and toning down the white paint on his Service Center and lampposts would be an excellent gesture of goodwill, appreciated greatly by the residents --he would also be beautify- ing his own facility. We are trying to be patient but do not understand the reasons for the footdragging; which only raises the ire of the residents and heightens their anger. Please solve these problems as soon as possible. It has been a long six months of waiting. Sincerely, Carol Boice