In SJC, Council Puts Dinosaur Out to Pasture

Juan the Zoomars Petting Zoo dinosaur has got to go.

The San Juan Capistrano City Council was unable Tuesday to come up with a successful motion either supporting or denying the Apatosaurus statue, which has become an attraction and stirred controversy in town ever since he first appeared in June.

With Mayor John Taylor unable to participate because he lives not far from the zoo, a motion to reject Juan failed 2-2, and then a motion to allow him a two-year lease on life also failed 2-2.

In essence, the council took no action on the item, which means a denioal in January by the Planning Commission still stands, City Attorney Han Van Ligten explaned. 

• Read the transcript of live blog with lots of quotes during the hearing.

After the near-three-hour hearing, Zoomars owner Caroyln Franks seemed to be in near shock.

“It’s a disappointment. I wasn’t expecting this,” Franks said, adding that she had hoped that Councilman Derek Reeve would stay true to his past support of property rights and side with Councilmen Larry Kramer and Sam Allevato, who were in favor of Juan.

“I felt like I let down the kids,” Franks said. “I’m going to tell the kids the city doesn’t want the dinosaur.”

At issue was whether the statue was consistent with the special rules that govern the Los Rios Historic District. To have approved Juan, the council would have had to make a finding that he is consistent with the intent and purpose of the area and that he represents a passive use.

Councilman Roy Byrnes led the charge against the Apatosaurus, saying it represented an “over-commercialization” that is no way passive.

With visitors numbering 10,000 a month, Zoomars has become a “commercial destination of major proportions that rivals the Mission,” Byrnes said. He doesn’t see how that’s compatible with the peace and quiet the next-door residential neighborhood should be able to enjoy.

“I’m worried about an incremental transformation from a home petting zoo to a mini-amusement park,” he said. “If it’s not controlled, it will destroy Los Rios.”

More than 30 people came to the City Council to register an opinion, about two-thirds in favor of keeping the statue.

One of them was 4-year-old Chase Lopez. Allevato allowed him to speak out of turn because it was past his bed time.

“Don’t take the dinosaur away,” he said.

On the opposite side of the issue were residents who have long been involved with historic preservation in the city.

“No one is denying that children love dinosaurs. No one is denying that Zoomars is a great place for children,” said Jan Siegel.  But the Los Rios area is on the National Register of Historic Places as the oldest residential neighborhood in California, and Juan’s presence threatens that.

“How many years will the Rios family be able to live there?” she asked. “The children that live there are 10th generation. Will we lose the 11th generation?”

Stephen Rios of the namesake family spoke against the statue. But other residents – cousins with Rios – with similarly long-standing roots in the community spoke in favor.

One might say it was a historic confrontation.

But afterward, long-time dinosaur critic Jerry Nieblas and Franks hugged.

Franks said she has had many lawyers approach her about taking the matter to court, but she hasn’t made up her mind yet.

“I don’t know if we’re about that. I have decisions to make.”