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R 3066 - -, 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. . 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. ......-....-. ---. . 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: 'lJ~I1. ~ 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. '-11~a. ~ CITY CLERK