R 3066
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RESOLUTION NO. 3066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DENYING THE APPEAL OF
CONDITIONS OF APPROVAL NO. 5 THROUGH 8 OF
AMENDED ARCHITECTURAL REVIEW CASE NO. 79-191;
1208 GRAND A VENUE (JACK IN THE BOX)
WHEREAS, on January 3, 1995 the Planning Commission held a non-public hearing
pursuant to State Law and City Codes on Amended Architectural Review Case No. 79-191; and
WHEREAS, the Planning Commission included Conditions of Approval No.5 through
8 requiring revisions to the design proposed by the applicant; and
WHEREAS, on January 9, 1995, Rick Cowel, on behalf of Foodmaker, Inc., (Jack In
The Box, ftled an appeal of the Planning Commission's inclusion of Conditions of Approval No.
5 through 8 and asked that said conditions be deleted; and
WHEREAS, the City Council of the City of Arroyo Grande held a duly noticed public
hearing on February 14, 1995 to consider said appeal; and
WHEREAS, after due study, deliberation, and public hearing, the City Council finds that
the following circumstances exist related to deletion of conditions 5 through 8:.
FINDINGS FOR DENIAL
1. The proposal is NOT consistent with the "General Architectural Review Guidelines" for
the City of Arroyo Grande. The use of aluminum facia and parapet cap and the black
and white color scheme are contrary to the recommendations for building design.
2. The proposal is NOT consistent with the text of the Arroyo Grande General Plan and the
City of Arroyo Grande Development Code. The stark white and black appearance of the
project is inconsistent with the "rural, small town character" identified in the Land Use
Element of the General Plan, and specifically policy 6.11.
3. The general appearance of the proposal is NOT in keeping with the character of the
neighborhood. Other buildings in the neighborhood use natural wood siding, and
subdued colors.
4. The proposal MAY impair the desirability of investment or occupation in the
neighborhood.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby denies the Appeal of Amended Architectural Review Case No. 79-191 and affirms and
upholds imposition of the following conditions:
CONDITIONS OF APPRO V AL
General Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
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Resolution No. 3066
Jack In The Box
February 14, 1995
Page Two
2. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of January 3, 1995 and the City Council meeting
of February 14, 1995 and marked "Exhibit A", except as modified by these conditions.
3. This application shall automatically expire on January 3, 1997 unless a work has begun
and is being diligently pursued to completion. Thirty (30) days prior to the expiration
of the approval, the applicant may apply for an extension of one (1) year from the
original date of expiration.
4. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or employees, for any court costs and attorney's fee's which the City,
its agents, officers or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his/her obligations
under this condition.
Architectural Advisory Committee Conditions
5. The brick shall remain natural. No paint may be applied.
6. The roof shall be painted black or dark charcoal.
7. The wood facia and parapet cap shall be retained and painted a white or creme color.
No covering of the facia or parapet cap with metal shall be allowed.
8. The red neon tube lighting may not be installed.
Planning Department Conditions
9. Development shall conform with the GC zoning requirements unless otherwise approved.
10. Prior to the beginning of any work, all banners, flags, pennants, signs, and other
advertizing material of a temporary or miscellaneous nature shall be removed. None of
these materials may be reinstalled after completion of work. All advertizing materials
shall comply with the provisions of chapter 9-13 of the Development Code.
Building Department Conditions
11. Prior to the start of any electrical work, an electrical permit shall be applied for by the
applicant and issued by the City Building Department.
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Resolution No. 3066
Jack In The Box
February 14, 1995
Page Three
On motion of Council Member Lady, seconded by Council Member Brandy, and by the
following roll call vote, to wit:
A YES: Council Members Lady, Brandy and Mayor Dougall
NOES: Council Members Fuller and Souza
ABSENT: None
the foregoing Resolution was adopted this 14th day of Fe , 1995.
ATIEST:
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NAN Y A. AVIS, CITY CLERK
APPROVED AS TO FORM:
, CITY A ITORNEY
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 3066, is a true, full and
correct copy of said Resolution passed and adopted at a regular meeting
of said Council on the 14th day of" February, 1995.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 22ndday of February, 1995.
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CITY CLERK