R 4309 RESOLUTION NO. 4309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING AN APPEAL FILED BY IN -N -OUT
BURGER AND UPHOLDING THE PLANNING COMMISSION'S
DENIAL OF A REQUEST TO MODIFY EXTERIOR LIGHTING
ELEVATIONS TO INCLUDE A RECESSED LED LIGHTING SYSTEM
(APPEAL CASE NO. 10 -001 OF ARCHITECTURAL REVIEW CASE
NO. 10 -002)
WHEREAS, on September 7, 2010, the Planning Commission of the City of Arroyo
Grande denied the request by In -N -Out Burger to allow installation of a recessed LED
lighting system on its building, which is currently under construction at the 5- Cities
Center; and
WHEREAS, an appeal of the Planning Commission decision was filed by In -N -Out
Burger on September 8, 2010; and
WHEREAS, on September 14, 2010, the City Council conducted an appeal hearing in
accordance with the Municipal Code of the City of Arroyo Grande.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, that based upon the evidence and testimony presented at the hearing, and in
accordance with the requirement of Section 16.16.130 of the Arroyo Grande Municipal
Code relating to Minor use permits -- Architectural review, it is found and determined that
the proposal to install recessed LED lights on the building is not compatible with the
adjacent and neighboring structures in that there are no similar parapet lighting
techniques on any other buildings within the 5- Cities Center. Therefore, the design will
not produce a harmonious transition and will be out of character with the surrounding
site and uses. Accordingly, it can be found that the general appearance of the proposal
to add recessed LED lighting is not in keeping with the character of the neighborhood.
Based upon the foregoing findings the appeal of the Planning Commission's denial of
the request to install a recessed LED lighting system on the ln-N-Out Burger building is
hereby denied.
On motion of Council Member Fellows, seconded by Council Member Ray, and by the
following roll call vote, to wit:
AYES: Council Members Fellows, Ray, and Guthrie
NOES: Council Member Costello and Mayor Ferrara
ABSENT: None
the foregoing Resolution was passed and adopted this 14 day of September
2010.
RESOLUTION NO. 4$01
PAGE 2
TONY FER , AYOR
ATTEST:
KELL ET ORE, CITY CLERK
APPROVED AS TO CONTENT:
STEV N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
1J
TIMO HY J. C Tr L, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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 attached
Resolution No. 4309 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of
Arroyo Grande on the 14 day of September 2010.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 21s day of
September 2010.
KEL 4 /11,1
Y ET RE, CITY CLERK