Resolution Number 00-9-5-1n
RESOLUTION NO. 00-9-5-1
1'1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN APPEAL OF THE
PLANNING DIRECTOR'S LAND USE DETERMINATION REGARDING A
MECHANICAL AMUSEMENT RIDE (TRAIN) IN THE "HISTORIC
COMMERCIAL" DISTRICT OF THE LOS RIOS SPECIFIC PLAN FOR
PROPERTY LOCATED AT 31791 LOS RIOS STREET (JONES FAMILY
MINI FARM)
WHEREAS, the applicants, Gil and Millie Jones, 31791 Los Rios Street,
have requested approval of a determination of use that will allow the establishment of a
narrow gauge electric train amusement ride for children; and,
WHEREAS, the Los Rios Specific Plan was initially adopted on
February 15, 1978, and most recently amended on November 6, 1999, which
represents a unique, historically rich neighborhood where land use and other provisions
have been prepared to reinforce and enhance its character; and,
' WHEREAS, the proposed determination of use has been processed
pursuant to provisions for Unlisted Uses as contained in the Los Rios Specific Plan;
and,
WHEREAS, the Planning Director, in preparing a decision on a
determination of use, referred the request to the Cultural Heritage Commission due to
the historic context of the area, and provisions of the Los Rios Specific Plan that include
review of Planning Director administrative decisions by the Cultural Heritage
Commission; and,
WHEREAS, the application does not require conducting of a public
hearing; a public meeting notice was transmitted by mail to all adjacent property
owners, consistent with City Council Policy, to insure public awareness of all actions
that may impact individual properties; and,
WHEREAS, the Cultural Heritage Commission considered the request for
determination of use at their regular meeting of July 25, 2000, and upon conclusion of
receipt of public testimony, both in favor of and in opposition to the request, took an
action to recommend denial of the application; and,
WHEREAS, the Planninc
determination, that the introduction of a
' consistent with provisions of the Historic
Plan; and,
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Director formally found, by a written
narrow gauge amusement train ride was not
Commercial District of the Los Rios Specific
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WHEREAS, the applicant appealed the action of the Planning Director,
consistent with the provisions of the Municipal Code, to the City Council; and,
WHEREAS, the City Council conducted a duly -noticed meeting on
August 15, 2000, to consider testimony, both in favor of and in opposition to, the
proposed appeal, as well as consideration of written letters and petitions that were
submitted to the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano does hereby make the following findings:
1. The proposed use is found to be consistent with the intent and
purpose of the Historic Commercial District of the Los Rios Specific Plan in that the
proposed use is small scale in that it encumbers an area that will not exceed an area
greater than 35' x 25', it reinforces the historic character of the area in that the narrow
gauge train ride will provide children a reminder of the importance that trains played in
the historic development of the community, and is compatible with other uses of said
district; and,
2. The proposed use is consistent with, or similar to, the principal or
conditionally permitted uses in the "Historic Commercial" District of the Los Rios
Specific Plan in that a review of the uses listed are the types that could have been
expected to occur on the property during its historic past; and,
3. The proposed use, which is the establishment of a small-scale
mechanical amusement ride, could not be precedent -setting, as restricted by the
specific language of the determination of use contained in this resolution, and could not,
based upon its scale, change the historic rural character of the surrounding
neighborhood within the Los Rios Specific Plan; and,
4. The City Council considered a significant amount of both public
testimony and written communications, the majority of which was in favor of the appeal;
and,
5. The City Council is in accordance with the Los Rios Specific Plan
and provisions of the Municipal Code, the final decision-making body to resolve
disputes regarding the interpretation of the provisions of the Los Rios Specific Plan.
BE IT FURTHER RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby determine that a narrow gauge amusement train ride is a
permitted use within the "Historic Commercial" District of the Los Rios Specific Plan,
provided it is in compliance with the following restrictions:
1. The track alignment for the train shall not exceed an area larger
than twenty-five feet (25') by thirty-five feet (35').
2. The hours of operation shall be limited to 11:00 a.m. to 4:00 p.m.
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' 3. The train site location shall be screened from view from any public
street.
4. The train may have a bell and whistle, but the sound may not be
amplified.
5. The use shall be accessory to a principal permitted use of the
"Historic Commercial" District.
6. Any expansion or change of the use as restricted above, will
require consideration by the City Council as part of a duly -noticed public hearing.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
"_OLLE�NMPBECL, MA OR
ATTEST:
' CI CLERI
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 00-9-5-1 adopted by the City Council of the City of San
Juan Capistrano, California, at a regular meeting thereof held on the 5th day of
September, 2000, by the following vote:
AYES: council Members Bathgate, Greiner, Hart, Saerdlin
and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(Seal) ell
UTERYL JQYNSON, CITY CLERK
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SP
047
ED
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
AFFIDAVIT OF POSTING
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San
Juan Capistrano;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. 98-12-15-1, and on the 7th day
of September , 2000, 1 caused to be posted:
RESOLUTION NO.
10721
00-9-5-1 , being
- JONES FAMILY P
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AN APPEAL OF THE
PLANNING DIRECTOR'S LAND USE DETERMINATION REGARDING A
MECHANICAL AMUSEMENT RIDE (TRAIN) IN THE "HISTORIC
COMMERCIAL" DISTRICT OF THE LOS RIOS SPECIFIC PLAN FOR
PROPERTY LOCATED AT 31791 LOS RIOS STREET (JONES FAMILY
MINI FARM)
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall;
Communitv Center Reception area, Orange County Public Library.
CHECK LIST CHERYL JORNSQN, CITY CLERK
ORD. NO. RES. NO. Q7 -9-5 San Juan Capistrano, California
Mayor has signed
/ Clerk has signed
City Seal stamped
All blanks typed in
"Absent" Q'
"Noes"
"Abstain"
Copies sent to post Ord. dist.
file /O -/
mail 7- certified
.Drp1ja
Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks