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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