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Variance No. 2005-09 June 13, 2005 Page 2 The flagpole is proposed to be located near building, at the end of an existing landscaped modified to accommodate the flagpole (Exhibit 4) . the existing planter that car wash will be Analysis of the Issues In September 2004, the applicant applied for a variance to allow a 100- foot flagpole at an existing service station. After receiving public testimony on the request on October 25, 2004, the Planning Commission denied Variance No. 2004-12. The Planning Commission denied the variance due to the fact that the existing 35-foot height limit would adequately allow the prominent display of an American flag and that the excessive height proposed by the applicant represented an attention-getting device. After filing an appeal of the Planning Commission decision, on January 18, 2005 the City Council denied the appeal due to similar concerns that the Planning Commission had identified. The applicant has submitted a new proposal to construct a 50-foot tall flagpole that will again display the American flag. Because the property is lower in elevation than the Santa Ana Freeway, the applicant wants the 50-foot tall flagpole to be identified with his business and serve as a new landmark for the City of Santa Ana. Staff has identified several concerns with the proposal that have resulted in recommending denial of the variance application. First, the Santa Ana Municipal Code establishes a height limit of 35-feet for structures located in the C5 zone and within 140-feet of any property zoned or used for residential purposes. The proposed flagpole exceeds the height limit by 15-feet and is immediately adjacent to single-family residences. Second, the City's General Plan designates the Santa Ana Freeway and Seventeenth Street as primary and secondary street corridors. One of the goals of the General Plan is to discourage the intrusion of excessive signage or structures that create obstructions to views within and from these corridors, such as this flagpole. Third, approval of this variance would set a precedent for similar types of requests, such as signage, for other businesses located along any freeway in Santa Ana seeking greater visibility. Finally, the existing service station is situated at a prominent business location on Seventeenth Street, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Due to this high visibility location, there is no need for additional signage or identification of the premises. 75A-4