Resolution Number 13-04-02-02 RESOLUTION NO. 13-04-02-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO UPHOLDING AN APPEAL OF PLANNING COMMISSION DENIAL
OF ACCESSORY SHADE STRUCTURES, ACCESSORY COVERED
STRUCTURES, ACJACHEMEN KIICHA (REED HUT), FOSSIL SANDBOX, AND
FOSSIL "DIG AREA" FOR CONDITIONAL USE PERMIT (CUP) 12-14 AND SITE
PLAN REVIEW (SPR) 12-04 MODIFICATION LOCATED AT 31971 LOS RIOS
STREET (ASSESSORS PARCEL NUMBERS 121-160-17 & 20)
(CAROLYN FRANKS) (ZOOMARS)
Whereas, Carolyn Franks, the owner and operator of Zoomars Petting Zoo,
(the "Applicant") has requested that the City Council approve an appeal of the Planning
Commission's denial of planning applications to allow certain uses and improvements
including four historically-themed areas consisting of the existing "Petting Zoo" along with
an "Old Western Town," an "Acjachemen Village," and a "Prehistoric Garden." The
proposed site improvements associated with the project also include an existing, non-
conforming Apatosaurus (dinosaur) statue with a maximum height of 14 feet and length of
40 feet to be maintained as an accessory structure to the petting zoo use; and,
construction of several accessory shade structures, accessory covered structures,
Acjachemem kiicha (reed hut), a fossil sandbox, and a fossil "dig area;" and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301 , Development Review of the Land Use Code; and,
Whereas the Development Services Department reviewed the project and
prepared an initial study pursuant to Section 15063 and 15064 of the CEQA Guidelines;
has issued a Mitigated Negative Declaration pursuant to Section 15070 of those
Guidelines; has caused a Notice of Mitigated Negative Declaration to be posted pursuant
to Section 15072 of those Guidelines; has otherwise complied with all applicable provisions
of the California Environmental Quality Act (1970); and all mitigation measures have been
incorporated into this project approval; and,
Whereas, on November 27, 2012, the Cultural Heritage Commission
considered the project at a duly-noticed public meeting, and passed a motion by a 2-1 vote
recommending Planning Commission approval of a Mitigated Negative Declaration and
approval of the proposed project; and,
Whereas, the Planning Commission has considered the environmental
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), has considered all project environmental documentation, technical studies, written
public comments, and public testimony; and,
Whereas, the Planning Commission conducted duly-noticed public hearings
on January 8 and February 12, 2013, pursuant to Section 9-2.335, Public Hearing
1 4-2-2013
Procedures of the Municipal Code and City Council Resolution 10-08-17-03, Public
Notification to consider public testimony on the proposed project; and,
Whereas, the Planning Commission bifurcated their action on the project by
taking action on the proposed Apatosaurus (dinosaur) statue at the January 8, 2013,
meeting and continuing consideration of the proposed Master Plan accessory structures to
the February 12, 2013, public hearing; and,
Whereas, at the January 8, 2013 meeting, the Planning Commission denied
the proposed Apatosaurus (dinosaur) statue by a 4-2 vote; and,
Whereas, at the March 12, 2013 meeting, the Planning Commission
entertained a motion to approve a resolution approving the proposed accessory
improvements subject to revised Conditions of Approval, and that motion failed by a 2-2
vote, effectively denying the project; and,
Whereas, the Applicant timely appealed the Planning Commission's denial of
the proposed Apatosaurus (dinosaur) statue and the Planning Commission's denial of the
proposed accessory improvements; and,
Whereas, the City Council conducted a duly-noticed public hearing on April 2,
2013 pursuant to Section 9-2.335, Public Hearing Procedures of the Municipal Code and
City Council Resolution 10-08-17-03, Public Notification to consider public testimony on an
appeal of the Planning Commission's denial of the proposed project; and,
Whereas, at the April 2, 2013 meeting, the City Council entertained a motion
to uphold and a motion to conditionally uphold the Applicant's appeal of the Planning
Commission's of denial of the proposed Apatosaurus (dinosaur)statue improvements, but
both motions failed by a 2-2 vote, effectively denying the Applicant's appeal; and,
Whereas, at the April 2, 2013 meeting, the City Council upheld the
Applicant's appeal of the Planning Commission's denial of the proposed accessory
improvements by a 4-0 vote.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby make the following findings with respect to the proposed
Master Plan accessory structure improvements:
SECTION 1. All of the facts set forth in the Recitals of this Resolution are
true and correct and incorporated herein by this reference.
SECTION 2. The City Council finds and determines as follows:
1. The proposed accessory structures and improvements will be consistent with the
policies and objectives of the San Juan Capistrano General Plan, specifically the
Land Use and Cultural Resources Elements, because they will be compatible with
2 4-2-2013
the existing historic character of the area and compatible with the Los Rios National
Register Historic District subject to the mitigation measures and conditions of
approval through incorporating design, massing, scale and materials which are
complimentary to the District; and,
2. The proposed accessory structures and improvements will be consistent with the
purpose and intent of the Los Rios Specific Plan (LRSP) and more specifically, the
provisions of the "HC" (Historic Commercial)Zone District which establishes that the
purpose and intent of the district is "To provide for low intensity commercial uses
that reinforce the rural and historic character of the Los Rios area" because the
proposed improvements are of a type and a design that will reinforce the rural and
historic character of the Los Rios Area subject to the mitigation measures and
conditions of approval; and,
3. The proposed accessory structures and improvements will be consistent with the
"HU (Historic Commercial) Zone District land use provisions which allow permitted
uses and structures including "...passive park and recreation uses" subject to the
mitigation measures and conditions of approval; and,
4. The proposed accessory structures and improvements will be consistent with the
Los Rios Specific Plan's design policies which promote development that is
"pedestrian-scaled' and "compatible in terms of scale and materials, with the rural
character of the historic District' subject to the mitigation measures and conditions
of approval; and,
5. The site for proposed use is adequate in size and shape to accommodate all yards,
open spaces, setbacks, walls and fences, parking and loading areas, fire and
building code consideration, trash and recycling enclosures, and other features
pertaining to the application; and,
6. The proposed use and on-going operation of the use are compatible with abutting
properties and the permitted uses thereof, and will not generate excessive light,
noise, vibration, odors, visual blight, traffic, or other disturbances, nuisances, or
hazards; and,
7. The site for the purposed use has adequate existing access and parking to support
the use and the project is not expected to increase demand; and,
8. The proposed structures are not within the Los Rios National Historic District and,
therefore, are not subject to the Secretary of Interior's Standards for the Treatment
of Historic Properties.
SECTION 3. The City Council, based on all of the information, testimony, and
evidence presented at its meeting on April 2, 2013, and the findings and determinations set
forth in Section 2, hereby grants the appeal by Applicant reverses the determination of the
3 4-2-2013
Planning Commission denying Applicant's proposed Master Plan accessory structure
improvements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano does hereby approve a Mitigated Negative Declaration
(MND) and adopts Exhibit A, Mitigation Monitoring & Reporting Program (MMRP), attached
hereto and incorporated herein; and,
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of San Juan Capistrano does hereby approve the proposed Master Plan accessory
structures subject to Exhibit B, Conditions of Approval, attached hereto and incorporated
herein.
PASSED, APPROVED AN ADOPTED this 2t day of April, 2013.
JOJ-Ik TAYLOR, M,AY R
ATTEST
MARIA"l;jVlokRIS, CITY CLER.,
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 13-04-02-02 was duly adopted by the
City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the
2"d day of April 2013, by the following vote:
AYES-; COUNCIL MEMBERS: Byrnes, Kramer, Reeve and Mayor pro tem Allevato
NOES: ': COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUS D: ,COUNCIL MEMBERS: Mayor Taylor
i
MARIA- CI RIS, City Clerk
4 4-2-2013
EXHIBIT "A"
MITIGATION MONITORING & REPORTING PROGRAM (MMRP)
CONDITIONAL USE PERMIT 12-14, SITE PLAN REVIEW (SPR) 12-04
ZOOMARS PETTING ZOO
CITY OF SAN JUAN CAPISTRANO, CA
INTRODUCTION
The City of San Juan Capistrano has adopted this Mitigation Monitoring & Reporting
Program (MMRP) in accordance with Public Resources Code (PRC) Section 21081.6 and
Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The
purpose of the MMRP is to ensure that the proposed project complies with all applicable
environmental mitigation and permitting requirements. Mitigation measures for the project
have been adopted by the City's approving body in conjunction with either the certification
of a 'Final Environmental Impact Report (EIR) or the adoption of a Mitigated Negative
Declaration (MND). All adopted mitigation measures for the project are integrated into this
MMRP.
Within this document, approved mitigation measures are organized and referenced by
subject category (e.g. Aesthetics, Air Quality, Noise, Hydrology & Water Quality, etc.) and
include those for all topical areas evaluated in the Draft Environmental Impact Report
(DEiR) or the Mitigated Negative Declaration (MND) for the project. The mitigation
measures include information on the method and timing of verification and the
responsible party that will ensure that each measure is implemented.
Public Resources Code Section 21081.6 requires that the Lead Agency will monitor all
mitigation measures established by the approved environmental determination so as to
ensure that implementation occurs and associated impacts are mitigated. The City of
San Juan Capistrano is the designated lead agency for this Mitigation Monitoring &
Reporting Program and is responsible for the review of any monitoring reports,
enforcement actions, and document disposition.
EXHIBIT "A"
Mitigation Monitoring&Reporting Program _.�__._.. __.._....__ CUP 12-14, SPR 12-04, Zoomars Petting Zoo
DATE
METHOD OF TIMING OF RESPONSIBLE COMPLETED
NO. MITIGATION MEASURE VERIFICATION VERIFICATION PERSON &INITIALS
Cultural Resources
Permits,Prior ta the of ally Wilding 1R nrder to visually buffer the Not applicable
ApatosawFus(diResaug statue fim-Fn vie;Ars ale-Ro Les Ries Stfeet that would adversely
.a#eG++Fee n+ef of the hist...,r,.`�..d:,_,tr-•-+ the ! + h n bemuse City
�. �g.—.,, Development Council denied
6 tinstall 'Pt an appropriAtevis, al srppen
#eaiew-of h, ,ding o,� tG buildi g
of fengin. -H
faer�ait plans the
DepaFtment. Apatosaurus
along River e+rent+e+h.,,. est of the Ql:. 6 Gettage subjeGt to a al of
the final im ,t-andlor landsrap P'aR b the DesignReview (dinosaur).
wee: statue
Not applicable
The GWRSF�GpeFat hall rnaint;;in the current paiRt GGIGF oat,daFk, gFeeR Re-Fie-dir-,site inspeGtioR. because City
brown)of the ApatesawFus(dinosaur)statue and ppier to mainte-nanrae of the Development Council denied
CR 2 , '. painting . Services the+ .y o ,e pain+. h �i n i +c n +
n[n a� i, Apatosaurus
nhip/.palet+
(dinosaur)
statue
Prior to issuance of any building permit requiring excavation or prior to
excavation for the planting of any tree, a qualified archaeologist(defined as
an archaeologist on the List of Certified Archaeologists for Orange County)
shall be retained(at the project applicant's expense)by the City of San Juan
Capistrano and shall be present at pre-construction meetings to advise
construction contractors about the sensitive nature of cultural resources
located on and/or in the vicinity of the project site, as well as monitoring
requirements.A qualified monitor(defined as an individual with a bachelor's Review of building
degree in anthropology with archaeological monitoring experience), permit plans.. Development
Prior to building
CR-3 supervised by the qualified archaeologist, shall observe on-and off-site Services
construction activities that result in excavation below the original ground Provision of executed Permit issuance. Department.
surface. Should non-human cultural resources be discovered,the monitor contract for monitoring.
shall have the authority to temporarily halt or divert construction activities
until the qualified archaeologist can determine if the resources are significant
and, if significant, until recovered by the archaeologist.
In the event that human remains are discovered, construction activities shall
be halted or diverted until the provisions of§7050.5 of the Health and Safety
Code and 5087.98 of the Public Resources Code have been implemented.
page 2 Of 3
Miti ation Monitoring&Reporting Program _ _ CUP 12-14 SPR 12-04 Zoomars Pettinq Zoo
DATE
METHOD OF TIMING OF RESPONSIBLE COMPLETED
NO. MITIGATION MEASURE VERIFICATION VERIFICATION PERSON cRl INITIALS
During any excavation,a Native American monitor shall observe
construction/grading activities that result in grading, excavating, and/or Review of building
trenching on or below the original ground surface.The Native American permit plans. Development
CR-4 monitor shall consult with the archaeological monitor regarding objects and Prior to building
remains encountered duringradia that may be considered sacred or Services
grading y Provision of executed permit issuance. Department.
important. In the event that evidence of human remains is discovered,the contract for monitoring.
Native American monitor shall verify that the archaeologist has notified the
Coroner.
Land Use
i
Gtatue,the PlaRAOR9 GeFFIFRiMiGR (OF City GOWAGil GR appeal)will have
and r
Not applicable
'7n c Dmr4deA Park which allows"Pa- 4 -4; I [and + ♦ o
because City
that ape pa + Such as Pi > � + aGFa
w w r h ps, FgUBw�g-ftRa4 r'a�;o ent Council denied
LU_, 4hp Planning Site 9R. determr nn inn � the
the Gity r.., RGil no„ t. Apatosaurus
106; WA-6 s�®�f�pi��goals-,9�llisies and"HC" DistrictprOViS+eRS,the dinosaur
owRei:�eperatGr shall remove the statue frGR;the property withii;thipty statue
Plan's degagR glziideliRes that would GOMpletely SGFeen the stalue from. IE
page 2 of 3
EXHIBIT "B"
RESOLUTION #13-02-12-02
CONDITIONS OF APPROVAL
PROJECT LOG #: Conditional Use Permit 12-14, Site Plan Review (SPR) 12-04
PROJECT NAME: Zoomars Petting Zoo
APPROVAL DATE: February 12, 2013
These conditions of approval apply to the above-referenced project application described in
more detail below. For the purpose of these conditions, the term "applicant" shall also mean the
developer„ the owner or any successor(s) in interest to the terms of this approval.
General Conditions:
1. The subject project proposes an amendment to the previously approved Conditional
Use Permit and Site Plan Review (SPR) applications to allow the construction of
various accessory structures, specifically shade/covered structures, a Juaneno kiicha
(reed hut), fossil sandboxes/ "dig area" and replica Old West building fagade located
at 31971 Los Rios Street in the "HC" (Historic Commercial) Zone District within the
Los Rios Specific Plan District for the purpose of maintaining and operating several
historically-themed use areas including "The Farm" (petting zoo), an "Acjachemem
Village," an "Old Vilest Town," and a "Prehistoric Garden" as more specifically
described in the "Zoomars Petting Zoo Conditional Use Permit Amendment Proposal'
dated October 12, 2012 on a 2.0 acre parcel located at 31791 Los Rios Street
(Assessor Parcel Numbers: 121-160-17 & 20). This project approval is based on and
subject to the application materials prepared by David W. Graves dated February 5,
2013 including site plan(s), building elevation(s), building detail(s) and other plans.
These plans and the proposed use of the project site are hereby incorporated by
reference into this approval as submitted and conditioned herein, and shall not be
further altered unless reviewed and approved by the City as provided for by Article 9-
2.3, Development Review Procedures of the Title 9, Land Use Code.
2. Approval of this application does not relieve the applicant from complying with other
applicable Federal, State, County or City regulations or requirements.
3. All plans, specifications, studies, reports, calculations, maps, notes, legal documents,
and designs shall be prepared, stamped and signed, if required, only by those
individuals legally authorized to do so.
4. The applicant shall defend, indemnify, and hold harmless the City of San Juan
Capistrano and its officers, employees, and agents from and against any claim,
action, or proceeding against the City of San Juan Capistrano, its officers,
employees, or agents to attack, set aside, void, or annul any approval or condition of
approval of the City of San Juan Capistrano concerning this project, including but not
limited to any approval or condition of approval of the City Council, Community
Development Commission, or City Planner. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
Resolution#13-02-12-02 Conditions of Approval
CUP 12-14, SPR 12-04, Zoomars Petting Zoo Page 2 of 6
5. The applicant shall be responsible for informing all subcontractors, consultants,
engineers, or other business entities providing services related to the project of their
responsibilities to comply with these conditions of approval and all pertinent
requirements in the San Juan Capistrano Municipal Code, including the requirement
that a business license be obtained by all entities doing business in the City.
5. Sign approval for the project is a separate process requiring the issuance of a sign
permit and building permits, and is subject to review and approval by the
Development Services Department and the Building and Safety Division.
7. In the event that plans/exhibits and written conditions are inconsistent with each
other, the written conditions shall prevail. If there are any disparities between these
conditions and the plans or final revised plans that are approved for any subsequent
phase, the conditions and/or plans as stipulated in the later approval shall prevail.
8. The use(s) shall comply with the standards and shall be developed within the limits
established by the Municipal Code with respect to the control of noise, odor, dust,
vibration, wastes, fumes, or any public nuisances arising or occurring incidental to the
establishment or operation.
9. The applicant shall pay all fees at the time fees are determined payable and comply
with all requirements of the applicable federal, state, and local agencies. The duty of
inquiry as to such requirements shall be upon the applicant.
10. The applicant is responsible for paying required fees to the California Department of
Fish and Game, and any related fee of the County of Orange for processing
environmental documents.
11. All applicable approvals and clearance from other departments and agencies shall be
on file with the Building and Safety Division prior to issuance of any permits, final
inspections, utility releases and/or release of securities, as specified in these
conditions. (B&S)
The following conditions shall be met prior to the issuance of any building permit(s):
2.1 Site and Architectural Plan Details. Prior to the issuance of any building permit,
the applicant shall submit plans for all architectural details including design, form,
materials, and colors for the proposed replica Old West building fagade and
related improvements (including the kiicha) which shall be subject to Design
Review Committee review and Planning Commission final action. The Old West
building fagade shall incorporate varying height and, massing and building
articulation to better conform to the Specific Plan's design guidelines. Building
permits for the proposed shadelcovered structures shall not require Design
Review Committee review and approval provided they are consistent with the
Planning Commission-approved design plans and the approved color and
materials board. Staff may refer any building permit plans to the Design Review
Committee for determination that staff finds are inconsistent in any manner with,
the Planning Commission-approved plans.
In the event the City Council subsequently denies the applicant's appeal of the
Planning Commission's decision to deny the Apatosaurus (dinosaur) statue, then
Resolution #13-02-12-02 Conditions of Approval
CUP 12-14, SPR 12-04, Zoomars Petting Zoo Page 3 of 6
the applicant shall revise the site plan to eliminate the Old West building fapade
and the fossil sand boxes/"dig area"from the project site.
2.2 The City acknowledges that the applicant has sole discretion as to the
preparation and implementation of a Juaneno/Acjachemem cultural program to
be implemented at Zoomars Petting Zoo. Furthermore, the applicant, at their sole
discretion, may present a proposed Juaneno/Acjachemem cultural program to
tribal representatives for their review and comment and shall be under no
obligation to revise or modify the program in response to tribal representatives
review. f=inally, the applicant, at their sole discretion, may submit a proposed
Juaneno/Acjachemem cultural program to the City's Cultural Heritage
Commission for its review and comment and shall be under no obligation to
revise or modify the program in response to Commission review, The City further
acknowledges that the applicant retains sole and full discretion with respect to all
decisions related to creating and implementing a Juaneno/Acjachemem cultural
program and nothing in this condition shall be interpreted as requiring the
applicant to pursue any aspect of the optional review process outlined herein.
2.3 Building_ Code compliance. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Division for review and
approval, and shall comply with the latest City-adopted edition of the California
Building Code (CBC). (B&S)
2.4 Building Construction Plans. Prior to issuance of building permits, the applicant
shall submit final construction plans, building elevations and floor plans to the
Building and Safety Division for review and approval by all applicable
departments. Such plans shall be fully dimensioned and in substantial
conformance with those plans approved by the Planning Commission, Design
Review Committee, and/or Development Services Director (as applicable). Plans
shall address the following: (DSD)
a, The final conditions of approval shall be incorporated into the construction
plans and shall be reproduced on the front page of the construction plans.
b. Location of all building-mounted light fixtures shall be shown on the
elevations. A detail of said fixtures shall be shown on the elevations, and
fixtures shall be decorative and complementary to the building
architecture.
C. Show the location and method of screening for any ground-mounted
equipment on the site plan (i.e. backflow devices, etc.). All equipment
shall be screened from public view in a manner compatible with the
design of main structures and include landscaping where appropriate.
(DSD)
2.5 Final Landscape Plans. Prior to issuance of building permits, landscape plans
shall be submitted to the Development Services Department for review and
approval by the Design Review Committee. Final landscape plans shall be
consistent with the Planning Commission and/or Design Review Committee-
approved preliminary landscape plans. Landscape plan will include (a) the type,
location, and size of all proposed plant material which shall be California native
Resolution#13-02-12-02 Conditions of Approval
CUP 12-14 SPR 12-04 Zoomars Petting Zoo Page 4 of 6
or friendly, (b) existing on-site trees to be preserved, (c) consistent with the
approved preliminary landscape plans, (d) location, height, materials and colors
of proposed walls and fences, (e) location and type of solid waste receptacles,
and (f) permanent, automatic water-conserving irrigation. (DSD)
2.6 Surety for Tree Preservation. The applicant may be required to provide surety in
the form of a bond or other method as approved by the City Planner and City
Attorney, to ensure that trees to be preserved and/or planted on the site are
protected during construction and remain viable and healthy for twenty-four (24)
months after issuance of a final certificate of occupancy. (DSD)
2.7 Final Lighting Plans. Prior to issuance of building permits, the applicant shall
submit the final lighting & photometric plan for the project for Development
Services Department review and approval. Plans shall include (a) the location of
all light fixtures, (b) lighting levels shall comply with the Lighting Standards of
Title 9, Land Use Code, (c) any building-mounted fixtures shall be mounted at a
height no greater than 10'-0", (d) lighting Illumination shall be either metal halide
or high-pressure sodium, (e) shielding shall be required so that the light source is
not visible from adjoining properties, (f) the intensity of exterior lighting shall be
reduced, as feasible, during hours that the use is not in operation.
2.8 OCFA Review of Building Plans. Prior to zoning compliance approval, the
applicant secure the review and approval of the fire-retardant and/or fire-proofing
treatment of the proposed kiicha (reed hut) by the Orange County Fire Authority
(OCFA). Please contact OCFA at (714) 573-6100 for submission requirements.
(OCTA)
2.9 Fire Alarm System. Prior to the issuance of a building permit, plans for the fire
alarm system shall be submitted to the Fire Chief for review and approval. Please
contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy
of the "Guideline for New and Existing Fire Alarm Systems." This system shall be
operational prior to the issuance of a certificate of use and occupancy, (OCFA)
2.10 Hazardous Materials. Prior to the issuance of a building permit, the applicant.
shall submit to the Fire Chief a list of all hazardous, flammable and combustible
liquids, solids or gases to be stored, used or handled on site. These materials
shall be classified according to the Uniform Fire Code and a document submitted
to the Fire Chief with a summary sheet listing the totals for storage and use for
each hazard class. Please contact the OCFA at (714) 573-6100 or visit the
OCFA website to obtain a copy of the "Guidelines for Completing Chemical
Classification Packets." (OCFA)
The following conditions shall be met continuously during construction of the proposed
project:
3.1 Waste Disposal and Sanitation. At all times during construction, the applicant
shall maintain adequate sanitary disposal facilities and solid waste disposal
containers on site, The accumulation of refuse and debris constituting a public
nuisance is not permitted. (PW-ENG)
12 Construction hours. Construction hours shall be limited to 7:00 a.m. to 630:00
Resolution #13-02-12-02 Conditions of Approval
CUP 12-14 SPR 12-04 Zoomars Petting Zoo Page 5 of 6
p.m., Monday through Friday and between 8:30 a.m. and 4:30 p.m. on Saturday.
Construction activity shall not be permitted on Sundays or any Federal
holiday.(DSD)
3.3 Temporary Use Permit. Applicant shall obtain a Temporary Use Permit for any
construction trailer and staging areas for equipment and materials. (DSD)
3.4 Archaeological Monitor. A qualified archaeologist (defined as an archaeologist on
the List of Certified Archaeologists for Orange County) shall be retained by the
project applicant and shall be present at pre-construction meetings to advise
construction contractors about the sensitive nature of cultural resources located
on and/or in the vicinity of the project site, as well as monitoring requirements. A
qualified monitor (defined as an individual with a bachelors degree in
anthropology with archaeological monitoring experience), supervised by the
qualified archaeologist, shall observe on- and off-site construction activities that
result in grading, and/or excavating on or below the original ground surface
(including during project-related off-site utility [natural gas, electricity, sewer,
water, drainage, communications, etc.] and roadway improvements). Should
nonhuman cultural resources be discovered, the monitor shall have the power to
temporarily halt or divert construction activities until the qualified archaeologist
can determine if the resources are significant and, if significant, until recovered
by the archaeologist. In the event that human remains are discovered,
construction activities shall be halted or diverted until the provisions of §7050.5 of
the Health and Safety Code and §5097.98 of the Public Resources Code have
been implemented. (DSD)
3.5 Native American Monitor. During construction/grading activities, a Native
American monitor shall observe construction/grading activities that result in
grading, excavating, and/or trenching on or below the original ground surface
(including during project-related off-site utility [e.g., natural gas, electricity, sewer,
water, drainage, communications, etc.] and roadway improvements). The Native
American monitor shall consult with the archaeological monitor regarding objects
and remains encountered during grading that may be considered sacred or
important. In the event that evidence of human remains is discovered, the Native
American monitor shall verify that the archaeologist has notified the Coroner.
(DSD)
The following conditions shall be met prior to acceptance of improvements, release of
bonds and/or surety and final utility clearances:
4.1 Installation of Landscaping. Prior to approval of final inspection, all landscaping
and irrigation shall be completed and installed per the Design Review
Committee-approved landscape plans. (DSD)
4.2 Consistency with_ Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval. If all improvements cannot be installed prior to occupancy, the City may
approve a Deferred Improvement Agreement subject to the applicant providing a
bond, cash deposit, or other acceptable surety, approved by the City Attorney, to
assure completion. The term of the deferral shall be determined by the
Development Services Director. (DSD)
Resolution#13-02-12-02 Conditions of Approval
CUP 12-14 SPR 12-04 Zoomars Petting Zoo Page 6-of 6
4.3 Fire Extinguishers. Prior to final inspection by the Orange County Fire Authority
(OCFA), fire extinguishers shall be required in accordance with the Uniform Fire
Code. The applicant shall contact the Fire Department for the requirements
pertaining to the number, type, and placement of fire extinguishers. All fire
extinguishers shall have current California Fire Marshal service tags. (OCFA)
The following ongoing conditions shall be complied with at all times after completion of
the.project.
5.1 Business License. The applicant/operator shall comply with the City's business
license requirements. (DSD)
5.2 Site Maintenance. The applicant shall maintain the property in compliance with
Municipal Code requirements for property maintenance. (DSD)
5.3 Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by Section 9-3.531. Noise standards (residential and non-residential) of
the Municipal Code. (DSD)
Responsible Departments/Agencies: DSD: Development Services Department
DSD-B&S: DSD Building & Safety Division
PW-ENG: Public Works-Engineering Division
UTIL: Utilities Department
OCFA: Orange County Fire Authority
Applicant Acceptance of Conditions of Approval:
Date:
Carolyn Franks, Owner/Operator
Zoomars Petting Zoo
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