LA Times



For Juan the apatosaurus, an eviction event in Capistrano

The statue of the leathery lizard was long a sore spot with San Juan Capistrano locals, who are having him removed from historic Los Rios Street and shipped to a tourist attraction in Arizona.


Historical advocates in San Juan Capistrano argued that the jagged hills of southern Orange County were deep under water when dinosaurs first roamed the Earth. No land-roaming dinosaur — neither a T. rex, stegosaurus nor apatosaurus — would have come through unless lost at sea.
Many things have changed since the water washed away: Missionaries built a majestic cathedral, settlers established what would become one of California's oldest neighborhoods and a thick cloud of swallows would flock back to their nests here each spring.
But this much has held true: There's still no place for an apatosaurus on Los Rios Street.
City officials decided earlier this month that the 40-foot statue of the friendly faced apatosaurus — installed by Zoomars, a petting zoo on the historic avenue — had to go, ending a squabble of Jurassic proportions that held the city's attention for months. The city sided with historical advocates who saw the dinosaur as an eyesore, cheapening the neighborhood's real history, and others who just saw him as a nuisance.
Carolyn Franks, the zoo's owner, has had to find a new home for the statue dubbed Juan the Capistrano Dinosaur.
Homeowners throughout Southern California have offered to put him in their yards, and a college professor wanted him on campus. But, ultimately, Franks settled on Grand Canyon Caverns, a tourist attraction in Peach Springs, Ariz., right on Route 66.
"I feel like a mom placing her baby," said Franks, who drove out to the speck of a desert town before deciding it would be a good home for him. "I feel that dinosaur has brought a lot of joy to the zoo. I just want to share it with more people. I just want to put it in a good place."
The dinosaur's detractors are glad he'll soon be gone.
"She finally woke up and knows it's unacceptable in San Juan," Ilse Byrnes, a local historical advocate who worked to have Los Rios added to the National Register of Historic Places, said of Franks. "I'm glad it's over. If it had gone through, it would have set a precedent — a bad, bad example."
The statue of the leathery green-gray creature with a long neck and goofy smile was built in the Philippines and cast off by a Romanian shopping mall before somehow finding its way to one of Orange County's oldest and tiniest towns. Franks bought the statue for about $12,000, thinking the dinosaur would be a magnet for her young clientele and fit right in with the menagerie of ponies, goats and alpacas already there.
But the troubles began soon after he arrived. In June, Franks — who hauled in the statue without permits or permission — was cited by the city, receiving a hand-written notice that she described as a cease-and-desist letter.
"Unpermitted brontosaurus," it read.
"It's a historic animal in a historic animal park, and I don't understand what the fuss is about," Franks said. "None of it makes sense to me. None of it makes sense to anybody."
But others — including some of Franks' neighbors on Los Rios Street — argued that the creature did not belong, sticking out amid the old adobes and 200-year-old wooden houses.
Roy Byrnes, a city councilman, said the debate was about something larger than the dinosaur. He said the apatosaurus was but the latest chapter in a long back-and-forth over the profit motive of businesses on the street and the tranquil environment the people who live there want to maintain.
"For goodness' sake, we want commercial uses and we want businesses to thrive," Byrnes said. But, he added, it cannot come by robbing residents of their peace and quiet. "We'll lose the historic qualities of Los Rios," he said. "It's a balance."
The 10-month debate found its way to the City Council earlier this month, after votes by the planning and cultural heritage commissions. Other council members floated alternatives, such as letting Juan hang around for a while longer — another two years — so that Franks could recoup her investment. But after a split vote, a Planning Commission decision to boot the statue was upheld.
Franks complained about how political the process had become, but she has no regrets. "He's brought smiles and laughter to so many people," she said.
She recently received another letter from the city. This time, an eviction notice.
The city declared that Juan must be gone by 1 p.m. on May 3. Yet he should be far from his perch between a playground and a goat pen by then — a good six-hour drive through the desert, to the spot on Route 66 with a statue of a T. rex out front, welcoming him home.

Zoomars Dinosaur Finds a New Home in Arizona



Zoomars owner Carolyn Franks has agreed to give up the 13-foot-tall, 36-foot-long apatosaurus replica to the owner of the Grand Canyon Caverns, located on historic Route 66, in Peach Springs, Ariz.
The Grand Canyon Caverns encompasses 800 acres and is the largest dry cavern in the country, according to a press release. It was formerly known as “Dinosaur City” and still features several dinosaur replicas.
“It was really important that I put it in a place where people were going to love it and it wasn’t going to move again,” Franks said. “It’s just a really cool place. It’s an old fashioned family place, and I just felt right about it.”
An appeal to save the controversial dinosaur structure failed to pass on the City Council’s 2-2 vote on Tuesday, April 2, bringing to an end a nearly 10-month debate over its place in the Los Rios Historic District.
Following the council’s decision, Franks said she was flooded with phone calls, emails and letters from interested buyers, including theme parks, car dealerships and schools. Franks said she decided to give up the dinosaur to Grand Canyon Caverns at no cost—despite remaining payments on an initial $12,000 purchase—because of the attraction’s previous life as Dinosaur City.
“I had a lot of big offers, but I didn’t feel right selling it. It was more important for me to find a good home,” Franks said. “It’s bittersweet.”
The city has given Franks until May 3, at 1 p.m., to remove the structure. Franks said arrangements are currently being made to transport the structure.

    City Issues Eviction Notice


    The Zoomars dinosaur has until May 3 to clear out of town.
    By Penny Arévalo | SJCPatch



    Juan the Zoomars Petting Zoo dinosaur has received his official eviction notice.
    A day after the City Council declined to grant the Apatosaurus statue a stay of execution, the city fired off a letter, giving Zoomars owner Carolyn Franks 30 days to remove him (or her, it’s never been determined) from the property.
    “Please be advised that the Apatosaurus (dinosaur) statue must be removed by from the property within thirty (30) days, no later than Friday, May 3 at 1 p.m.,” wrote Grant Taylor, director of development services for the city in an April 3 letter.
    “I am trying to make some arrangements now, but it is killing me to do so as the zoo has been flooded with people and reporters asking why the city would take an innocent dinosaur away from children,” Franks told Patch. “As one mother put it, ‘It's heartless.’ "
    Franks said she will abide by the decision. She said she still has trouble squaring away how two supposed property-rights conservatives, refering to councilmen Roy Byrnes and Derek Reeve, could reject Juan.
    The final vote was 2-2, with Mayor John Taylor not voting because he lives in the Los Rios Historic District. A tie is effectively a denial.
    “The whole thing is just so upsetting for everyone, and I can tell you that the majority of residents in this city, many who have come down to see us, are sadly disappointed by this outcome,” Franks said.

    The Capistrano Dispatch Lastest



    Tie Vote Spells Doom for Zoomars Dinosaur


    Original article here

    By Brian Park
    Like the apocalyptic asteroid that’s theorized to have wiped out its real-life brethren, Juan, the controversial dinosaur statue at Zoomars Petting Zoo, was delivered its final extinction notice from the city of San Juan Capistrano Tuesday night.
    An appeal to save the apatosaurus replica failed to pass on the City Council’s 2-2 vote – a decision that was met with praise from its preservation-minded critics, who believed the dinosaur was an unbefitting addition to the Los Rios Historic District, but stunned Zoomars owner Carolyn Franks and her small army of supporters.
    “This is a sad day for the kids,” said an emotional Franks after the hearing. “I feel like I let down the kids. It’s not about the money. It’s that I’m going to have to tell these kids that the city doesn’t want the dinosaur.”
    After hearing close to two hours of public comment – from 21 dinosaur supporters and 11 opponents – the City Council discussed the item for nearly an hour themselves. Before them was Franks’ appeal of a January denial of the dinosaur by the Planning Commission.
    Since the dinosaur replica was first installed and flagged for removal in June, the city has argued that the structure is inconsistent with the Los Rios Specific Plan, which sets the goals, policies and historical scope of the Los Rios Historic District – believed to be the longest continually-inhabited residential neighborhood in the state.
    In previous commission meetings, city staff said a single vantage point of the dinosaur from Los Rios Street could potentially threaten the district’s standing on the National Register of Historic Places, although the petting zoo itself falls outside the boundaries of the historic designation.
    In November, Franks presented the city with revisions to her conditional-use permit to allow for additional structures that could block the view of the dinosaur from Los Rios Street. The proposal received support from the Cultural Heritage Commission but was denied by the Planning Commission on a 2-2 re-vote in March. On Tuesday, the City Council unanimously approved the additional structures – including shade covers, an authentic Acjachemen reed hut and a fossil sandbox and dig area – but could not come to a consensus on the dinosaur.
    “It’s a bridge too far. It’s an assault on peoples’ quiet enjoyment of their property,” Councilman Roy Byrnes said. “This is a land-use issue … The projected uses in my mind are inconsistent with the Los Rios Specific Plan.”
    Mayor Pro Tem Sam Allevato and Councilman Larry Kramer provided the votes in support of the dinosaur. Mayor John Taylor recused himself from the hearing because of the proximity of his home to Zoomars.
    “The general public, when they see historic, they go back to the beginning of time. To me, historic character does conjure up a dinosaur,” Allevato said. “I believe in Father Serra’s motto, ‘Siempre Adelante’ or ‘Always Forward,’ and I think that’s the way we need to look.”
    Franks has said the dinosaur has attracted around 10,000 visitors each month to her zoo and surrounding businesses. Councilman Kramer said those numbers could not be ignored and suggested the statue be allowed to stay over the two-year course of the Interstate 5/Ortega Highway interchange project and then be removed.
    “I want to keep those people coming in during the interchange project,” Kramer said. “There are very few family-oriented facilities in the area for people to use.”
    Mark Bodenhamer, CEO of the Chamber of Commerce, told the council the dinosaur was an opportunity for the city to show its commitment to its local businesses.
    “By approving the dinosaur, the city sends the message that it truly supports business,” Bodenhamer said. “The dinosaur has been there for nearly a year, and for me, it still feels like Los Rios.”
    The city received nearly 50 letters on the item, the majority written in support of the dinosaur, including ones from State Assemblywoman Diane Harkey and State Senator Mark Wyland.
    Before the meeting, Zoomars supporters set up a table in front of City Hall to ask for petition signatures and to offer people stickers, either showing support or opposition to the dinosaur.
    San Juan Capistrano resident Wayne Schrimp, a dinosaur supporter, presented the council with more than 500 petition signatures in favor of the dinosaur, around 60 of which were collected prior to the meeting.
    The dinosaur also found support from 4-year-old Chase Michael, who was allowed to speak out of turn because it was “past his bed time.”
    “Please don’t take the dinosaur away,” Michael said.
    Speakers on both sides used the city’s motto, “Preserving the past to enhance the future,” to support their arguments.
    “The most important historical building of all in our town (the Mission) just got a brand new gatehouse,” resident Erin Kutnick said. “It’s all part of the process. It’s blending the past with our future.”
    Jan Siegel, a member of the Cultural Heritage Commission and a volunteer with the Historical Society, spoke against the dinosaur, saying that its presence took away from the historic district’s existing features, including the nearby Rios Adobe.
    “These are the elements that are important and they must be preserved,” Siegel said. “There never were dinosaurs in San Juan Capistrano … The dinosaur is not in keeping with the historic district.”
    Throughout the 10-month long debate surrounding the dinosaur, Zoomars’ most vocal critic has been Capistrano Historical Alliance President Jerry Nieblas, whose family predates the Mission. After the council’s decision, Nieblas expressed relief that the dinosaur was voted down but said he’d continue to fight Franks’ other proposed additions.
    “I think the dinosaur would have been a destructive message to all of Los Rios Street and all of Orange County because our history started here,” Nieblas said. “It’s been a battle. It’s been draining. I hope now it’s over with and the community can start getting back together.”
    Just outside the city council chambers, Nieblas and Franks hugged, as supporters and critics trickled their way out of City Hall. Franks said she has been approached by attorneys willing to represent her if she pursues legal action to save the dinosaur. “I don’t know if we’re about that. We have a lot of decisions to make,” Franks said.
    As Franks and Nieblas broke their hug to go their separate ways, Franks said, “It was a good fight.”

    Our Dinosaur's Fate Has Been Decided

    Juan the Dino Put out to Pasture

    Unable to break a tie vote, a non-vote serves to give the Zoomars Apatosaurus statue the boot.
    By Penny Arévalo | SJC Patch original article here



    A sticker in support of Juan the dinosaur, worn at the San Juan Capistrano City Council meeting Tuesday. April 2, 2013. 

    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 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 January Planning Commission denial still stands, City Attorney Han Van Ligten explaned. 
    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.”

    How Can You Help?

    Many of you have been asking where you can send an email in support of the dinosaur. 


    Emails can be sent to Mayor John Taylor
     via City Clerk Maria Morris at mmorris@sanjuancapistrano.org 
    and your email will be included in tomorrow night's 
    City Council hearing. 

    We also invite you to join us at the City Council hearing tomorrow 
    at 6PM at San Juan Capistrano City Hall. 



    We thank you all for your support! 
    We LOVE our Zoomars family!