PC Resolution-13-02-12-01PC RESOLUTION NO. 13-02-12-01
CONDITIONAL USE PERMIT 12-14, SITE PLAN REVIEW (SPR) 12-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A MITIGATED NEGATIVE DECLARATION (MND) AND
CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN
REVIEW FOR PROPOSED ACCESSORY STRUCTURES AND IMPROVEMENTS
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 approve 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 West Town," and a "Prehistoric Garden" as
more specifically described in the "Zoomars Petting Zoo Conditional Use Permit
Amendment Proposal" dated October 12, 2012; 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 incorporated into
this project approval; 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 duly -noticed public hearings
on January 8 and February 12, 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 the proposed project.
PC Resolution 13-02-12-01 2 February 12, 2013
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 proposed improvements:
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
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.
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.
3. The proposed accessory structures and improvements will be'consistent with the
"HC" (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.
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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission 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 Planning
Commission of the City of San Juan Capistrano does hereby approve the proposed project
subject to Exhibit B, Conditions of Approval, attached hereto and incorporated herein; and,
EFFECTIVE DATE & FINAL APPROVAL: This project approval 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., on, Wednesday,
February 27, 2013.
PC Resolution 13-02-12-01 3 February 12 2013
PASSED, APPROVED AND ADOPTED this 12th day of February, 2013, by
the following vote, to wit:
AYES: Commissioners Jeff Parkhurst, Tim Neely, and Roy Nunn.
NOES: Chairman Rob Williams and Commissioner Sheldon Cohen.
ABSTAIN: None.
(Robert Williams, Chairman
Witham Ramsey, AICP, Assistar
Planning Commission Secretary