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File #: Ord 13-40    Version: 1
Type: Ordinance Status: Archived
In control: City Council
Final action: 7/10/2013
Title: An ordinance memorializing a City Council decision to grant an appeal by Qdoba Mexican Grill for a T2 FAR variance in order to construct a new restaurant building on property commonly known as 2081 Ford Parkway.
Sponsors: Chris Tolbert
Related files: RES 13-1040
Title

An ordinance memorializing a City Council decision to grant an appeal by Qdoba Mexican Grill for a T2 FAR variance in order to construct a new restaurant building on property commonly known as 2081 Ford Parkway.

Body

WHEREAS, on or about March 11, 2013, Luis Mota, representing Qdoba Restaurant Co., 10252 Flintridge Dr., Villa Park, CA 92861 (hereinafter "Qdoba"), applied for a variance under DSI-Zoning File No. 13-162436for the purpose of building a one-story building on property commonly known as 2081 Ford Parkway and legally described as Saint Catherine Park Lots 24 & 25 Blk 9 & That Part Of Lot 23 Blk 9 Lying Ely Of A L Desc As Com At The Se Cor Of Lot 25 Th S 89 Deg 32 Min 29 Sec W On An Assumed Bearing Along The S Lines Of Lots 23,24 & 25 97.91 Ft To The Pt Of Beg Of The L To Be Desc;  PIN: 172823110108; and

WHEREAS, the said property is located in a T2 Traditional Neighborhood zoning district and, under Legislative Code § 66.331, new one-story buildings constructed in T2 districts are subject to a minimum floor area ratio (FAR) of at least 30% of the lot area. Qdoba's proposed one-story building would only occupy 21% of the lot area which required a variance from the FAR standard under Leg. Code 66.331; and

WHEREAS, on April 1, 2013, the Board of Zoning Appeals ("BZA"), in accordance with Leg. Code § 61.601, duly conducted a public hearing where all interested persons were afforded an opportunity to be heard regarding Qdoba's FAR variance application; and

WHEREAS, at the close of the said public hearing, the BZA, based upon the application, reports and all the evidence presented at the public hearing, as substantially reflected in the minutes, denied Qdoba's FAR variance request based upon the following findings of fact from BZA Resolution No. 13-162436, incorporated herein by reference, as follows:

1.       The variance is in harmony with the general purposes and intent of the zoning code.

This finding is not met.  The applicant is p...

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