PC Resolution-13-01-22-01PC RESOLUTION NO. 13-01-22-01
CONDITIONAL USE PERMIT 12-14, SITE PLAN REVIEW (SPR) 12-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO DENYING THAT COMPONENT OF A CONDITIONAL USE PERMIT AND
SITE PLAN REVIEW FOR AN APATOSAURUS (DINOSAUR) STATUE LOCATED AT
31971 LOS RIOS STREET (ASSESSORS PARCEL NUMBERS 121-160-17 &
20)(ZOOMARS PETTING ZOO)
Whereas, Carolyn Franks, owner and operator of Zoomars Petting Zoo, has
requested that the Planning Commission determine that an existing, non -conforming
Apatosaurus (dinosaur) statue is substantially consistent with the goals and policies of the
Los Rios Specific Plan and the provisions of the "HC" (Historic Commercial) Zone District,
that the Planning Commission grant the Apatosaurus (dinosaur) statue legal, conforming
status; and that the Planning Commission conditionally approve various accessory
structures (i.e. shade structures, covered structures, Juaneno kiicha (reed hut), a fossil
sandbox, and a fossil "dig area) located at 31971 Los Rios Street in the City of San Juan
Capistrano within the Los Rios Specific Plan District; and,
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and,
Whereas the Planning 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 included with the
conditions of approval for the project; and,
Whereas, on November 27, 2012, the Cultural Heritage Commission
considered the project at 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 a duly -noticed public hearing
on January 8, 2012 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 the proposed project; and,
PC Resolution 13-01-22-01 2 January 22 2013
Whereas, on January 8, 2012, the Planning Commission continued
consideration of that component of the proposed project consisting of a request for
approval of various accessory structures (i.e. shade structures, covered structures,
Juaneno kiicha (reed hut), a fossil sandbox, and a fossil "dig area) to the February 12,
2013 meeting.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings with respect to
the requested Conditional Use Permit and Site Plan Review for the proposed Apatosaurus
(dinosaur) statue:
1. The Apatosaurus (dinosaur) statue is inconsistent with the policies and objectives of
the San Juan Capistrano General Plan, specifically the Land Use and Cultural
Resources Elements, because it is consistent and incompatible with the existing
historic character of the area; and because it is incompatible with the Los Rios
National Register Historic District of Los Rios Specific Plan area.
2. The Apatosaurus (dinosaur) statue is inconsistent 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 zone district is, "To provide for low intensity commercial uses that reinforce the
rural and historic characterof the Los Rios area" because the overall purpose of the
Specific Plan is to focus on the history of the area over the last 230 years including
the Mission Period and subsequent historic time periods and pre -historic time
periods, and thus, the dinosaur statue does not reinforce the rural and historic
character of the Los Rios Area.
3. The Apatosaurus (dinosaur) statue is inconsistent with the "HC" (Historic
Commercial) Zone District land use provisions which allow permitted uses including
"retail sales of nursery plants, farmer's market produce, and hand-crafted items,
wholesale nurseries, feed stores or tack shops, and passive park and recreation
uses" and allow "small animal raising" and "keeping of horses" by conditional use
permit because the dinosaur structure is not similar to nor related in any respect to
the "HC" Zone District's permitted or conditional uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby deny that component of the
Conditional Use Permit and Site Plan Review (SPR) consisting of the existing, non-
conforming Apatosaurus (dinosaur) statue.
EFFECTIVE DATE & FINAL APPROVAL: This project denial shall become
effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application and the appeal period shall expire at 5:30 p.m., Wednesday, February 6, 2013.
PC Resolution 13-01-22-01 3 January 22, 2013
PASSED, APPROVED AND ADOPTED this 22 t day of January, 2013, by
the following vote, to wit:
AYES: Chairman Rob Williams, Commissioners Sheldon Cohen, Roy Nunn,
and Jeff Parkhurst.
NOES: None
ABSTAIN: Commissioner Tim Neely
Planning Commission Secretary