PC Resolution-12-08-14-01kvi ril amm ;1 :1 ffam
Whereas, Carolyn Franks has appealed a determination by the Development
Services Director that the installation of a dinosaur structure at Zoomars in the "HC"
(Historic Commercial) Zone District is inconsistent with the provisions of the Los Rios
Specific Plan for property located at 31791 Los Rios Street and more precisely referred to
as Assessor Parcel Number 121-160-17; and,
Whereas, the proposed project has been processed pursuant to the
provisions of Section 9-2.301, Development Review of the Land Use Code and more
specifically, Section 9-2.311, Appeals; and,
Whereas, the Environmental Administrator has reviewed the project pursuant
to Section 15061 of the California Environmental Quality Act (CEQA) and determined that
the project is exempt (CEQA Guidelines, Section 15061(b)(3), general rule) from further
review, and will cause the Notice of Exemption to be posted pursuant to Section 15061(d)
of the CEQA Guidelines which provides that "the notice shall not be filed with OPR or the
county clerk until the project has been approved;" and,
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to Section 15074 of the California Environmental
Quality Act (CEQA), has considered all project environmental documentation and technical
studies; and,
Whereas, the Planning Commission conducted a duly -noticed public meeting
on August 14, 2012 pursuant to the provisions of Title 9, Land Use Code, Section 9-2.302,
Public Meeting Procedures, Administrative Policy 409, and Planning Department Policy
510 to consider public testimony on the proposed project and has considered all relevant
public comment.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings
as established by Section 9-2.311(i) of Title 9, Land Use Code of the City of San Juan
Capistrano:
Whereas, the dinosaur structure does not reinforce the rural and historic
character of the Specific Plan's "HC" (Historic Commercial) Zone District which provides
PC Resolution 12-08-14-01 2 Auqustl2,2012
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 Specific
Plan focuses on the 235 -year history of the Los Rios Area whereas the dinosaur structure
is associated with the Triassic geologic period which occurred between 200-250 million
years ago.
Whereas, the dinosaur structure is neither expressly permitted nor similar to
allowable permitted or conditional uses within the District "HC" (Historic Commercial) Zone
District which allows permitted uses and structures 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 also allows "small animal raising" and
"keeping of horses" by conditional use permit because the allowable permitted and
conditional uses are intended to reflect and be supportive of the 235 -year historic and rural
character of the District and Specific Plan area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano hereby denies the appeal and upholds the
Development Services Director's determination that the installation of a dinosaur structure
at Zoomars in the "HC" (Historic Commercial) Zone District is inconsistent with the
provisions of the Los Rios Specific Plan for property located at 31791 Los Rios Street and
more precisely referred to as Assessor Parcel Number 121-160-17.
EFFECTIVE DATE & FINAL APPROVAL: This final action shall become
effective following expiration of the fifteen (15) day appeal period without filing of an appeal
application to the City Council. The appeal period shall expire on Wednesday, August 29,
I)r%41) L11 L L - failsto file atimely appeal of Planning Commission's
40 12— In the evens appellant , L 11 U I L r- I k-� I I
final action, the appellant shall Zove the dinosaur structure from the property within
fourteen (14) days of the expiration of the appeal period, Thursday, September 13, 2012.
PASSED, APPROVED AND ADOPTED this 14th
day of August, 2012, by the following
vote, to wit:
AYES: Chairman Rob Williams and Commissioners Sheldon Cohen, Ginny
Kerr, Jeff Parkhurst, Timothy Neely, Roy Nunn and Gene Ratcliffe.
i•1597 •0 -
F -Al *1 IM -A
Williams, Chairman
William A. Ramsey, AICP, Ass
Secretary
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