PC Resolution-06-09-12-02PC RESOLUTION NO. 06-9-12-2
CONDITIONAL USE PERMIT 06-01, ZONING VARIANCE 06-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING
A CONDITIONAL USE PERMIT AND ZONING VARIANCE FOR EXPANSION OF AN
EXISTING ANIMAL PETTING FARM LOCATED AT 31971 LOS RIOS STREET
(ASSESSORS PARCEL NUMBERS 121-160-17 & 20; ZOOMARS)
Whereas, on January 11, 2006, Omar & Carolyn Gonzalez ("Applicants"),
31971 Los Rios Street, San Juan Capistrano, CA 92675, submitted conditional use permit,
zoning variance and site plan review applications (CUP 06-01, ZV 06-07, SPR 06-01) for
review and approval of the expansion of an existing animal petting farm at 31971 Los Rios
Street; 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 August 22 and September 6, 2006, the Cultural Heritage
Commission considered the project at duly noticed public meetings, adopted the Mitigated
Negative Declaration, conditionally approved SPR 06-01 with the exception of a proposed
fence in River Street, and forwarded the conditional use permit and zoning variance for
Planning Commission consideration; and,
Whereas, the Planning Commission has considered the environmental
determination pursuant to Section 15074 of the California Environmental Quality Act
(CEQA), and has considered all project environmental documentation and technical
studies; and,
Whereas, the Planning Commission conducted a duly noticed public hearing
on September 12, 2006 pursuant to Section 9-2.335, Public Hearing Procedures of the
Municipal Code to consider public testimony on the proposed project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of
the City of San Juan Capistrano does hereby make the following findings in relation to
Conditional Use Permit 06-01:
PC Resolution 06-9-12-2 2 September 12, 2006
1. The proposed project is consistent with the policies and objectives of the San Juan
Capistrano General Plan, specifically the Land Use and Cultural Resources
Elements, because:
a. The proposed expanded animal petting farm is consistent and compatible
with the existing character of the area since it proposes minor changes to a
use that has existed on the site for approximately 18 years.
b. The proposed expanded animal petting farm will allow the Historic District to
evolve while preserving the essence of the Los Rios area, its historic diversity
and rural character.
C. The project will preserve a historically significant site within the City, and, as
conditioned, will be compatible with the National Register Historic District
within the Los Rios Specific Plan area.
2. The proposed project is consistent with all applicable provisions of Title 9, Land Use
Code, and the Los Rios Specific Plan, with the exception of those addressed under
ZV 06-07, because:
a. With the exception of a variance for the height and location of a proposed
entry arbor and sign element in the front setback, the proposed project
design complies with applicable development standards of the Los Rios
Specific Plan and the Land Use Code.
b. The proposed expanded animal petting farm complies with the allowable
permitted and conditional uses of the Los Rios Specific Plan Historic
Residential and Historic Commercial Districts because the existing use
involves equestrian -oriented uses and activities, raising (not breeding) of
small animals and birds, and horses that do not exceed the density of six
horses per acre with a live-in caretaker on-site.
C. The expanded animal petting farm will maintain the existing historic,
residential character of Los Rios Street while allowing accessory, pedestrian -
oriented retail and service uses in conjunction with residential occupancy.
d. As conditioned, the project will maintain existing conditions related to the
pattern of access and circulation in the area consistent with the Los Rios
Specific Plan Circulation Element.
PC Resolution 06-9-12-2 3 September 12, 2006
3. The proposed use, as conditioned, is compatible with existing, surrounding land
uses because:
a. The use is a relatively minor expansion of an existing use that has
successfully co -existed in proximity to other existing uses in the Los Rios
Specific Plan Historic District.
b. Project features and conditions of approval requiring implementation of the
project's approved Water Quality Management Plan will improve existing
substandard drainage conditions and improve the water quality of run-off
from the site.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby make the following findings in
relation to Zoning Variance 06-07 to allow an accessory structure in the front yard setback
with an integral sign that exceeds the six foot free-standing sign height standard:
There are special circumstances applicable to the property, including location,
shape and surroundings, such that the strict application of the code would deprive
such property of privileges enjoyed by other properties in the vicinity and under
identical zoning classification because:
a. The property has two existing historic structures, one residential and one
accessory commercial, which have primary pedestrian -oriented frontage on
Los Rios Street but do not serve as an entrance to the project site.
b. The addition of a pedestrian entry element within the front yard setback will
allow the site to have a primary pedestrian -oriented entrance connecting with
a walkway to the Historic Commercial portion of the site. The proximity of the
existing structures to the front property line, and the importance of creating a
sense of entry, dictate the entry element's height and location. Both the arbor
and the sign need to be located in the front yard for visibility and to reduce
impacts on existing historic structures.
2. The granting of the variance will not constitute a grant of special privileges
inconsistent with the Limitations upon other properties in the vicinity and zone district
in which such property is situated because numerous instances of similar arbor
structures encroaching into setbacks exist in the Los Rios Specific Plan Historic
Residential district. The sign is an integral part of the arbor, designed so as to
provide minimum clearance for pedestrians.
3. Except for the encroachment into the front yard setback and free-standing sign
height that exceeds six feet, this action will not result in any inconsistency with the
provisions of Title 9 of the Municipal Code.
PC Resolution 06-9-12-2 4 September 12, 2006
4. The granting of this variance will not result in a development which is inconsistent
with the goals, policies, and objectives of the General Plan because General Plan
Cultural Resources Element Policy 1.1 is to balance the benefits of development
with the project's potential impacts to existing cultural resources. The location of the
arbor north of the Olivares House, instead of directly in front of the historic building,
will reduce visual impacts and help to preserve the character of the historic
resource. The proposed deviations from development standards will not adversely
impact the existing historic structures or historic character of the District.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby adopt a Mitigated Negative
Declaration and approve the project subject to the conditions of approval contained in
Attachment 1 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. The appeal period shall expire at 5:00 p.m., Wednesday,
September 28, 2006. This project approval shall be valid for a period of two (2) years from
the date of approval of this resolution, and shall expire on September 12, 2008, unless a
time extension request or building/grading permit application related to this discretionary
approval is submitted to the City prior to that date.
PASSED, APPROVED AND ADOPTED this 12th day of September, 2006, by
the following vote, to wit:
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chair Cohen and Chair
Cardoza
NOES: None
ABSTAIN: None
ABSENT: None
Molly Bogh, Planning Di ector, Se6retary
These conditions of approval apply to CUP 06-01 and ZV 06-07 to expand an existing
animal petting farm on approximately 1.37 acres of property zoned Los Rios Specific
Plan, Historic Commercial and Historic Residential, located at 31791 Los Rios Street.
Any proposed change of use or expansion of the area or modifications to the site plan
or structures shall be submitted to the City Planning Department along with the required
application and fee, for review. 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. CUP 06-01, ZV 06-07 is granted to expand an existing animal petting
farm, including an increase in the number of animals and pens; a new
pedestrian entry on Los Rios Street; modifications to existing structures;
new pedestrian pathways through site; new signs; deviations from some
setback and height standards for accessory structures on approximately
1.37 acres of property located at 31791 Los Rios Street, generally located
950 feet north of Del Obispo Street (APN 121-160-17 & 20). This approval
is granted based on the application materials submitted by Omar and
Carolyn Gonzalez, prepared by David Graves, P.E. on July 5, 2006,
including a site plan and Water Quality Management Plan; and prepared
by Rubio Medina on November 23, 2005, including elevations, floor plans
and details, received by the City on July 6, 2006. These plans and the
proposed use of the site are approved as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this approval which
are determined by the Planning Director to be in substantial conformance
with the approved plans, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee. If
not appealed, this approval shall become effective on the first business
day following the fifteenth (15th) day after the date of the Planning
Commission's approval and shall expire twenty-four (24) months after the
`- *Denotes Environmental Mitigation Measure
RESOLUTION #: PC 06-9-12-2
ATTACHMENT 1
CONDITIONS OF APPROVAL
Project #: CUP 06-01,
Project Name: Zoomars
ZV 06-07
APPROVAL DATE:
September 12, 2006
EFFECTIVE DATE:
November 22, 2006
EXPIRATION DATE:
September 12, 2008
These conditions of approval apply to CUP 06-01 and ZV 06-07 to expand an existing
animal petting farm on approximately 1.37 acres of property zoned Los Rios Specific
Plan, Historic Commercial and Historic Residential, located at 31791 Los Rios Street.
Any proposed change of use or expansion of the area or modifications to the site plan
or structures shall be submitted to the City Planning Department along with the required
application and fee, for review. 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. CUP 06-01, ZV 06-07 is granted to expand an existing animal petting
farm, including an increase in the number of animals and pens; a new
pedestrian entry on Los Rios Street; modifications to existing structures;
new pedestrian pathways through site; new signs; deviations from some
setback and height standards for accessory structures on approximately
1.37 acres of property located at 31791 Los Rios Street, generally located
950 feet north of Del Obispo Street (APN 121-160-17 & 20). This approval
is granted based on the application materials submitted by Omar and
Carolyn Gonzalez, prepared by David Graves, P.E. on July 5, 2006,
including a site plan and Water Quality Management Plan; and prepared
by Rubio Medina on November 23, 2005, including elevations, floor plans
and details, received by the City on July 6, 2006. These plans and the
proposed use of the site are approved as submitted and conditioned
herein, and shall not be further altered unless reviewed and approved by
the affected city departments. Minor modifications to this approval which
are determined by the Planning Director to be in substantial conformance
with the approved plans, and which do not intensify or change the use or
require any deviations from adopted standards, may be approved by the
Planning Director upon submittal of an application and the required fee. If
not appealed, this approval shall become effective on the first business
day following the fifteenth (15th) day after the date of the Planning
Commission's approval and shall expire twenty-four (24) months after the
`- *Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 2 of 13
effective date of the approval unless the use or occupancy which is the
subject of this action has taken place and all conditions of approval have
been met, or a time extension has been granted by the City. Any
application for an extension of time shall be submitted to the Planning
Department, along with the required fee, at least ninety (90) days prior to
the expiration date of this approval, except as otherwise approved by the
Planning Director.
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, signed, and stamped (when
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, Planning 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.
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.
6. This approval is contingent upon the approval of SPR 06-01 by the
Cultural Heritage Commission, and shall become null and void if SPR 06-
01 is not approved or is rescinded.
7. 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 Planning Department and Building and Safety
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 3 of 13
Department. The proposed free-standing sign at River Street and Los Rios
Street shall be eliminated from the sign program.
8. In the event that exhibits and written conditions are inconsistent, 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.
9. The use shall meet the standards and shall be developed within the limits
established by the Municipal Code as related to emissions of noise, odor,
dust, vibration, wastes, fumes, or any public nuisances arising or occurring
incidental to the establishment or operation.
10. 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.
11. All applicable approvals and clearance from other departments and
agencies shall be on file with the Building and Safety Department 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 of approval shall be met prior to issuance of building
permits for the project.
12. Pay Fees and Post Sureties. Prior to issuance of building permits, the
applicant shall fulfill all applicable engineering fee requirements in
accordance with the City Municipal Code and the Water Department fee
schedule, as last revised, and post securities to ensure satisfactory
performance of applicable proposed on-site grading, drainage, landscape
and irrigation, erosion and sediment control, sewer, water, street, and all
appurtenant improvements. (ENG)
13. Recycling/Reduce Debris Act of 1989 (CIWMA). Prior to issuance of
building permits, the applicant shall submit to the City Engineer for review
and obtain approval for a program complying with the requirements of the
California Integrated Waste Management Act of 1989 to reduce
construction and demolition debris through recycling. (ENG)
14. Connection to City Drain must be Documented and Filed. Prior to
issuance of building permits, any proposed connections to existing public
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 4 of 13
storm drain systems, from on-site drains, must be approved by the City
Engineer. All documentation and revisions to existing plans, where points
of connections are permitted, shall be provided and submitted by the
applicant's engineer at applicant's expense, prior to acceptance of
improvements and release of performance securities. (ENG)
15. NPDES — Water Quality Requirements and Compliance. Prior to issuance
of building permits, the applicant shall submit to the City Engineer for
review, and shall obtain approval for, revisions to the approved conceptual
Water Quality Management Plan (WQMP) specifically identifying structural
and non-structural Best Management Practices (BMP's) that will be used
on-site to control predictable pollutant runoff. The applicant shall obtain
and follow the City of San Juan Capistrano's WQMP outline and
instructions. The applicant shall also comply with all the requirements of
the latest NPDES Permit, the City's Water Quality Ordinance & Local
Implementation Plan and the Clean Water Act. (ENG)
16. *Water Quality Management Plan. Prior to issuance of building permits,
the owner shall submit for review and obtain the approval of the
Engineering and Building Department for plans to secure the necessary
permits to construct the sand filter identified in the Water Quality
Management Plan. (ENG)
17
*Qualified Archaeological Monitor. Prior to issuance of building permits for
the sand filter and restroom building, the applicant shall submit to the
Planning Department documentation that a qualified archaeologist has
been retained to monitor site clearing, grading, and excavation activities,
and contact
stating the name, qualifications,
archaeologist. (PLN)
information for the
18. *PeleteOR Of PF000sed FeRGe. - of build"R9 peFiTlitS, the
revised plaRs by the PlaMiRg DiFeGtE)F. The aMiRg DiFeGtOF has the
Fef8F said plaRG to the DesiOR
gn Review Committee
(Pl_�) (Deleted by action of City Council on appeal, November 7,
11. confirmed by • •n Nov2006)ember
19. Water Availability. Prior to the issuance of any building permits, the
applicant shall provide evidence of adequate fire flow. The "Orange
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 5 of 13
County Fire Authority Water Availability for Fire Protection" form shall be
signed by the applicable water district and submitted to the Fire Chief for
approval. (OCFA)
20. Applicable Codes. Prior to issuance of building permits, plans for this
project shall be submitted to the Building and Safety Department for
review and approval, and shall comply with the latest City -adopted edition
of the applicable building codes. (B&S)
21. On -Site Utility Plans. Prior to issuance of building permits and approval of
on-site utility plans, the applicant shall obtain approval of said plans by the
City Engineer and the Water Engineering Manager, and shall obtain
approval for a Site Plan prepared by a Registered Civil Engineer showing
the sewer and water service lines and their corresponding points of
connection with the City public main lines. The site plan shall include the
trash enclosure(s) that shall be covered with solid roof; its floor surface
shall be connected to the sewer system through an inlet in the center with
a traffic rated grate, and a concrete apron or similar if approved by the City
Engineer shall be constructed in front of the trash enclosure. The site plan
shall be specific to the project which reflects consistency with the City's
Sewer and Water standards. (ENG & PW)
22. Water Service Connection. Prior to the issuance of a building permit, the
project applicant shall construct and complete any required water service
connections that are adequate to provide the necessary water demand for
domestic, fire protection, and irrigation/landscaping improvements. These
connections shall be' subject to the submission, review, and approval of
civil improvement plans and the irrigation/landscape plans. The domestic,
fire protection, and irrigation facilities shall be designed in accordance with
the City of San Juan Capistrano's Water Standards and Specifications,
and the Municipal Code § 9-3.617 (Water Conservation Landscape). (PW)
23. Backflow Prevention Devices. Prior to the issuance of a building permit,
the project applicant shall construct and complete any existing water
services, fire services, and backflow devices that are not in compliance
with current regulations. Any noncompliant item must be amended and/or
reconstructed to be in compliance with the City's standard specifications,
ordinances, and department of health regulations. (PW)
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 6 of 13
24. Final Plans. Prior to issuance of building permits, six copies of Final
Landscape Plans and elevations shall be submitted to the Planning
Department for review by the Design Review Committee. Final Landscape
Plans shall show the following information and requirements: (PLN)
a. Type, location, and size of all proposed new plant material for the new
Los Rios entrance. Proposed landscaping shall incorporate water
conservation techniques and drought resistant, native plants
compatible with the character of the Historic District.
b. All trees on site to be removed and retained. Tree removals shall
comply with the City's Tree Permit requirements.
c. Any required backflow devices and utility pedestals which shall be
located so as to be visually inconspicuous, or screened with
landscaping.
d. Design details for the proposed trash enclosure, which shall be
finished with wood on the exterior walls and gates to be compatible
with the architecture of the site.
e. Design details for the gate at the Los Rios Street pedestrian entrance
structure, which shall be a simple wrought iron or wood design. The
location of the entrance structure shall be revised to be on private
property instead of public right-of-way.
25. Final Photometric Plans. Prior to issuance of building permits, a Final
Photometric Plan for any proposed new light fixtures shall be submitted to
the Planning Department for review by the Design Review Committee
(DRC). Plans shall include the following information and requirements:
(PLN)
a. Show the location of any new decorative light standards and fixtures,
including building -mounted light fixtures and to illuminate the areas
accessible to members of the public, and the proposed illumination
levels of these lights, extending ten (10) feet beyond the property line.
b. Demonstrate that illumination shall not create off-site light and glare.
c. Maximum permitted new luminaire height shall be 15 feet.
d. The minimum permitted illumination on-site shall be 0.25 -foot candles
and the maximum illumination shall be 0.5 -foot candles for the Historic
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 7 of 13
Residential portion of the site. The maximum illumination within the
Historic Commercial portion of the site shall be 1.0 -foot candles.
e. Exterior lighting shall be reduced to the extent feasible during hours that
the business is not in operation.
26. 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 Department for review and approval by
the Des+g;-����wCommitt�-and-all applicable departments for all
previously un -permitted built structures and proposed new structures.
Such plans shall be fully dimensioned and in substantial conformance with
those plans approved by the Cultural Heritage Commission, Planning
Commission, Design Review Committee, and/or Planning Director (as
applicable). Plans shall address the following: (PLN) (modified by action
of City Council on appeal, November 7, 2006, confirmed by
resolution November 21, 2006)
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. The plans shall show the proposed colors for each building and
structure from the approved color palette as follows, except as
otherwise approved by the Planning Director for an equivalent color if
the specified color is unavailable:
a. Olivares House - Benjamin Moore, HC -7, "Bryant Gold" with
Benjamin Moore, 2175-10, "Aztec Brick" and Lowes National
Trust for Historic Preservation Collection, 6009-6, "Montpelier
Palmetto Green" trim
b. Olivares Accessory building ("Resident's Cottage") - Benjamin
Moore Ready -Mixed Exterior, "Cottage Red" with Benjamin
Moore, 2162-50, "Arizona Tan" trim
c. Barn covered area - Benjamin Moore Ready -Mixed Exterior,
"Cottage Red"
d. Restroom, trash enclosure, shade canopies, bird cages - Home
Depot, 250F-7, "Melted Chocolate"
- e. Fences/pens - Benjamin Moore, 2162-50, "Arizona Tan"
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2
Project #CUP 06-01, ZV 06-07, Zoomars
Final Conditions of Approval
Date: September 12, 2006
Page 8 of 13
f. Accessory buildings or structures may be left in, or finished in, a
natural wood stain and allowed to weather with age to be
consistent with the vernacular architecture of the site and
Historic District.
c. Locations of all new 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, complementary to the site
architecture and compatible with the Historic District.
The following conditions and requirements shall be met during construction,
from the beginning of the first ground -disturbing activity until the use has been
released for occupancy.
27. Compliance with approved plans. At all times during construction, the
applicant shall ensure compliance with approved construction mitigation
plans, including: (ENG)
a. Construction Debris Recycling Plan
28. 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. (ENG)
29. Construction hours. Construction hours shall be limited to 7:00 a.m. to
6:00 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.(PLN)
30. *Archaeological . Monitor. 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 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
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 9 of 13
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. (PLN)
31. *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. (PLN)
The following conditions shall be met prior to acceptance of improvements and
release of bonds and/or surety, final utility clearances, or granting permission
to use or occupy the project site, as specified below:
32. Complete all Improvements to the City's Satisfaction. Prior to issuance of
certificate of occupancy or prior to acceptance of improvements and
release of performance securities, whichever occurs first, the applicant
shall complete, to the satisfaction of the City Engineer, all facility
'improvements required and necessary to serve the development in
accordance with the approved plan and approved exceptions. (ENG)
33. Solid Waste Reduction/Recycling Management Program. Prior to approval
of final inspection of each phase, the project applicant shall coordinate
with City staff and implement an adequate Solid Waste
Reduction/Recycling Management Program for the project site. Features
of the program shall include, but not be limited to: 1) distribution of
separate receptacles for recyclables, trash and animal waste throughout
the project site; 2) separate dumpsters/receptacles for recyclables, trash
and animal waste; 3) signs posted near all receptacles conveying
information regarding recyclable materials; and 4) sorting of trash
collected throughout the project site by facilities staff prior to dispensing in
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 10 of 13
dumpsters. Applicant shall maintain trash and recycling containers as part
of the solid waste maintenance as long as the project is operational.
(PLN/ENG)
34. Consistency with Approved Plans and Elevations. The project shall be
constructed in accordance with all the approved plans and conditions of
approval, including but not limited to site plans, grading plans, wall plans,
landscape/irrigation plans, lighting plans, and elevations. (PLN)
35. Final Cultural Resource Reports. Prior to final inspection by the Planning
Department, the applicant shall submit final reports for any historical,
cultural, archaeological or paleontological resources recovered from the
project site . during grading or construction. Reports shall include
information on disposition of resources. (PLN)
36. Final Planning Inspection. A minimum of one week prior to final inspection
by the Building and Safety Department, the applicant shall schedule a final
inspection by the Planning Department, and shall pay any outstanding
balance in the Developer Deposit Account assigned to this application.
(PLN)
37. *WQMP Sand Filter Installation. Prior to approval of the final inspection
and commencement of the use approved with the Conditional Use Permit,
the sand filter shall be installed and completed to the satisfaction of the
Engineering and Building Department.
The following ongoing conditions shall be complied with at all times after
completion of the project.
38. Business License. The applicant, tenants, or successors in interest shall
comply with the City's business license requirements. (PLN)
39. Site Maintenance. The applicant shall maintain all portions of the site,
including undeveloped areas, pursuant to Municipal Code requirements
for property maintenance. (PLN)
40. Noise. The applicant shall ensure that noise levels do not exceed levels
permitted by the Municipal Code. (PLN)
41. *WQMP Compliance. The project
Maintenance Plan of the approved
the duration of the use at the site.
*Denotes Environmental Mitigation Measure
shall comply with the Operations and
Water Quality Management Plan for
Resolution #06-9-12-2
Project #CUP 06-01, ZV 06-07, Zoomars
Final Conditions of Approval
Date: September 12, 2006
Page 11 of 13
42. Hours of Operation. The hours of operation for activities on the site that
are open to the public shall be 9 am to 6 pm daily, unless otherwise
approved by the City in accordance with a Special Activity Permit.
43. Use Restrictions. The conditional use permit allows for the keeping of
horses with accessory small domesticated animals such as sheep, rabbits,
chickens and animals of a similar size, for exhibit, petting zoo,
informational and educational purposes only.
a. No exotic animals as defined by the United States Department of
Agriculture are allowed with this approval. Animal raising and breeding
for commercial purposes is prohibited. The use shall comply with the
requirements of the United States Department of Agriculture and the
Orange County. Health Care Agency, Animal Care Services. The
maximum number of animals allowed on the site shall be as follows,
unless further restricted by the above agencies:
Large animals (llamas,
112 (including a maximum of
goats, sheep, alpacas,
8 horses and ponies)
pigs, horses and
ponies):
Small animals (rabbits,
150
guineas pigs):
Fowl (chickens, geese,
25
ducks, emus and
pheasants or similar):
Small caged birds:
150 (i.e., 75 pairs)
b. Visits by individuals and families, private groups, school field trips and
children's birthday parties with the primary purpose of visiting the
petting zoo for the purposes stated in the first paragraph of this
condition are allowed with this approval. Other large group commercial
activities, including rental of the grounds and facilities for weddings,
meetings, reunions and similar events, are not approved with this
conditional use permit and would be subject to Special Activity Permit
requirements or additional discretionary review as determined by the
Planning Director.
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 12 of 13
44. Designated Use Areas and Adiustments. The area designated on the site
plan for animal exhibit enclosures shall be used for said purpose, including
the keeping and display of animals and birds not exceeding the maximum
number specified in these conditions of approval.
a. The following accessory uses shall be allowed within the animal exhibit
enclosure area: pony and horse rides, ancillary retail sales in the 'gift
shop" portion of the "barn covered area", and miniature train rides.
b. Minor reconfigurations of animal pens and enclosures that may not
require a building permit, and relocation of the associated shade
canopies which may require a building permit, shall be allowed to
occur within the animal exhibit enclosure area upon issuance of a
zoning compliance approval by the Planning Department, and
issuance of a building permit when required by the Engineering and
Building *Department.
c. Except as otherwise provided in paragraph (b) of this condition,
modifications to structures that require building permits (restroom,
sheds, bath house, barn covered area, tack room and bird cage cover,
etc.) shall only be allowed to occur if approved in accordance with
Condition No. 1. No changes to the Olivares House and Olivares
Accessory building ("Resident's Cottage") shall be allowed unless
approved through a separate Site Plan Review application.
d. Under no circumstances shall the animal enclosure and exhibit area be
extended beyond the limits shown on the approved site plan. No
animal enclosures or exhibit areas shall occur in the "fallow" land area,
or the landscape and grassy areas adjacent to and surrounding the
Olivares House, Resident's Cottage, Bath House and shed.
e. Buildings shown as "future" on the site plan are not a part of this
approval and shall be subject to discretionary and/or building permit
requirements prior to construction.
f. The Olivares House may be used for accessory commercial uses in
accordance with the Los Rios Specific Plan provided the residential
occupancy requirements are being met for the life of the project. The
requirements for residential occupancy and a live-in caretaker for the
keeping of horses shall be met within the Olivares Accessory building
("Resident's Cottage").
*Denotes Environmental Mitigation Measure
Resolution #06-9-12-2 Final Conditions of Approval
Project #CUP 06-01, ZV 06-07, Zoomars Date: September 12, 2006
Page 13 of 13
g. The applicants shall include in any disseminated public information
(flyers, other marketing media and website, etc.) statements to
encourage visitors to arrive by train and/or park in available nearby
public parking lots and walk to the site. No full size tour or school
buses serving visitors to the project shall drive on Los Rios or River
Streets. Disabled visitors in mini -vans or shuttles requiring on-site
drop-off or pick-up shall pull into the "fallow" land area of the site plan,
and shall not block vehicle access within River Street.
Responsible Agencies: B&S Building and Safety
ENO = Engineering Department
PLN = Planning Department
PW = Public Works Department
OCFA = Orange County Fire Authority
Date of Approval: September 12, 2006 (with modifications by City Council November
7, 2006, confirmed by resolution November 21, 2006)
Resolution No.: PC 06-9-12-2
Effective Date: November 22, 2006
Applicant Acceptance of Conditions of Approval:
By:
Applic nt Name
Its:
Title
*Denotes Environmental Mitigation Measure
Date