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HomeMy WebLinkAbout75B - 617 E. 17TH ST. REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 18, 2005 TITLE: PUBLIC HEARING - APPEAL NO. 2004-09 (VARIANCE NO. 2004-12) TO PERMIT THE CONSTRUCTION OF A 100-FOOT TALL FLAGPOLE AT 617 EAST SEVENTEENTH STREET - STEVEN KRIEGER, APPLICANT APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 1 sl Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For {)~a~. CITY MANAGER CONTINUED TO 4J FILE NUMBER RECOMMENDED ACTION 1. Deny Appeal No. 2004-09. 2. Adopt a resolution denying Variance No. 2004-12. PLANNING COMMISSION ACTION On October 25, 2004, the Planning Commission denied Variance No. 2004-12 by a vote of 5:2 (Lutz, Sinclair opposed) to allow a 100-foot tall flagpole at an existing service station at 617 East Seventeenth Street (Exhibit A) . DISCUSSION The Planning Commission held a public hearing to review a proposed 100- foot tall flagpole at an existing service station at 617 East Seventeenth Street. This request required approval of a variance for exceeding the 35-foot height limit in the Arterial Commercial (C5) zoning district. At the conclusion of the hearing, the Commission denied the variance request based on the determination that no overriding circumstances existed that warranted exceeding the height limit and concerns about the flagpole being utilized as an additional marketing tool for the service station. The applicant is appealing the Planning Commission's decision to deny Variance No. 2004-12 (Exhibit B). The applicant contends that because of the site's physical constraints, it requires a 100-foot flagpole to be able to properly display and view the American flag from the surrounding areas. Additionally, the applicant feels that the proposed flagpole would not set a precedent for future requests of 100-foot tall flagpoles or have a negative aesthetic impact either to the immediate residential vicinity or the City of Santa Ana. 758-1 Appeal No. 2004-09 (Variance No. 2004-12) January 18, 2005 Page 2 The site's physical location and the applicant's interest in displaying the American flag was considered by the Planning Commission. The Commission noted that the 35-foot height limit would adequately allow the prominent display of the flag, and felt that the excessive height proposed by the applicant represented an attention-getting device. It is therefore recommended that Appeal No. 2004-09 be denied. FISCAL IMPACT There is no fiscal impact associated with this action. ~A)~' St phen G. H9rd1ng Executive Di~ector Planning & Building Agency PG:rb pg\reports\va04-12.cc-appeal 758-2 KO - 01/10/05 RESOLUTION NO. 2005-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2004-12 SEEKING TO ALLOW A 1 OO-FOOT TALL FLAGPOLE AT AN EXISTING SERVICE STATION AT 617 EAST SEVENTEENTH STREET (APPEAL NO. 2004-09) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: C. D. E. A. The applicant is requesting approval of Variance Permit No. 2004-12 to allow a 100-foot tall flagpole at an existing service station at 617 East Seventeenth Street. Applicant is seeking a variance from Santa Ana Municipal Code Section 41-602(c)(2), which establishes a height limit of 35-feet for structures that are located in the C5 zone and within 140-feet of any property zoned or used for residential purposes. 1. As defined in the municipal code, a structure is "anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards". The flagpole is over two times above the maximum allowable height for this zone and is immediately adjacent to single-family residences. Variance No. 2004-12 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 25, 2004. The Planning Commission, by a vote of by a vote of 5:2 (Lutz, Sinclair opposed) voted to deny Variance No. 2004-12 based on the determination that no overriding circumstances existed that warranted exceeding the height limit and concerns about the flagpole being utilized as an additional marketing tool for the service station. The applicant appealed the Planning Commission's decision, Appeal No. 2004-09. On January 18, 2005, Variance No. 2004-12 (Appeal No. 2004- 09) came before the City Council of the City of Santa Ana for a duly noticed public hearing. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. The City Council B. 2. 758-3 Resolution No. 2005-xx Page 1 of 4 determines that the findings necessary to grant the variance have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. i. There are no special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The existing service station is situated at a prominent business location, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Additionally, Seventeenth Street is a major arterial street and provides a large volume of traffic in this area. Also, there is an existing 35-foot freestanding pole sign on the southeast portion of the site that provides additional identification to the site. Therefore, there is no need for additional signage or identification symbols on the premises. This is a typical lot with no unique site features that warrants a structure to exceed the maximum allowable height limit within the zone. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of the variance should not significantly impact the right of the property owner to enjoy the use of their property. Seventeenth Street is a major arterial in the City and has a high traffic volume. The construction of a 100-foot tall flagpole will not guarantee any greater enjoyment or business attraction permitted by code. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will be detrimental and aesthetically incompatible to the surrounding residential uses, when considering that no other structure is similar in height to the proposed structure and the residential uses located immediately to the north of this site, which are considered a sensitive land use. Resolution No. 2005-xx Page 2 of 4 2. 3. 4. ii. iii. That the granting of a variance will not adversely affect the General Plan of the City. 758-4 The Santa Ana Freeway is designated as a primary street corridor and Seventeenth Street is designated as a secondary street corridor and major arterial in the City's General Plan. The General Plan discourages the intrusion of unsightly signage and other similar structures, such as the proposed 100-foot tall flagpole, which impact the visual and aesthetic qualities of these corridors. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation is necessary for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing, hereby denies Appeal No. 2004-09 and Variance No. 2004-12. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for City Council Action dated January 18, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. F. ADOPTED this day of January, 2005 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Council members NOES: Councilmembers 758-5 Resolution No. 2005-xx Page 3 of 4 ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-005 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2005-xx Page 4 of 4 758-6 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: OCTOBER 25, 2004 TITLE: PUBLIC HEARING - VARIANCE NO. 2004-12 FILED BY STEVE KRIEGER TO PERMIT THE CONSTRUCTION OF A 100-FOOT TALL FLAGPOLE AT 617 EAST SEVENTEENTH STREET APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For DENIED 0 Applicant's Request 0 Staff Recommendation CONTINUED TO Prepared by Pedro Guillén ~~ /" Executive DireJo¿ ~ing Manager RECOMMENDED ACTION Deny Variance No. 2004-12. DISCUSSION Request of Applicant Mr. Steve Krieger is requesting approval of a variance to allow the construction of a 100-foot tall flagpole at an existing service station at 617 East Seventeenth Street. Property Description The development site is a semi-rectangular shaped lot that is approximately 1.6 acres in size and is located on the northwest corner of Seventeenth Street and Santiago Avenue. The property is located in the Arterial Commercial (C5) zoning district and has a General Plan land use designation of General Commercial (GC). The existing site has a Union 76 Service Station that was developed in 1996. It includes a mini-market, a detached carwash building and a 35-foot freestanding sign. The surrounding land uses consist of single-family residences immediately to the north, commercial and multi-family residential to the east and the Interstate 5 Freeway (Santa Ana Freeway) to the south and west (Exhibits 1 and 2) . Project Description The proposed project involves the construction of a 100-foot tall flagpole that will display an American flag measuring 20-feet by 38-feet, totaling 760 square feet (Exhibit 3). The flagpole will be painted white and will EXHIBIT A 758-7 Variance No. 2004-12 October 25, 2004 Page 2 measure 14-inches in diameter at the base and 6.5-inches at the top. It will be located near the existing carwash building, at the end of an existing landscaped planter that will be modified to accommodate the flagpole (Exhibit 4). Analysis of the Issues The applicant intends to construct a 100-foot tall flagpole that will display the American flag and will be a prominent and significant geographic feature. As a result of the property being lower in elevation than the Santa Ana Freeway, the applicant wants the 100-foot tall flagpole to be identified with his business and serve as a guide to locating it. Staff researched similar structures and performed a height survey of the most prominent structures in the surrounding area. The subject property has an existing 35-foot tall freestanding sign that was approved in 1995. The freeway overpass immediately to the west of the property measures approximately 35-feet above street level. Guaranty Chevrolet, to the east, has an existing 50-foot tall freestanding sign. The Santa Ana Water Tower, which is designated as a historic landmark, is located at 517 East Fourteenth Street and measures 130-feet above street level. It is located southwest of the subject property, on the opposite side of the Santa Ana Freeway (Exhibits 5 through 7) . Additionally, a height survey of several existing flagpoles within the City was also performed. The most recently approved flagpoles range in height from 20-feet to 35-feet. This includes a 25-foot tall flagpole located at the Orange County Register and three 35-foot tall flagpoles located on maj or arterial streets. The tallest flagpoles surveyed were located at the Ronald Reagan Federal Building and Courthouse, in the City's downtown, which has two flagpoles approximately 50-feet tall and a 65-foot tall flagpole located at 3600 South Bristol Street, which was permitted in 1974. Staff has identified four concerns with the proposal that have resulted in recommending denial of the variance application. First, Section 41- 602 (c) (2) of the Santa Ana Municipal Code establishes a height limit of 35-feet for structures that are located in the C5 zone and within 140-feet of any property zoned or used for residential purposes. As defined in the municipal code, a structure is "anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards". Given 758-8 Variance No. 2004-12 October 25, 2004 Page 3 the proposed flagpole falls within the definition of a structure, staff is concerned that the flagpole is over two times above the maximum allowable height and is immediately adjacent to single-family residences (Exhibi t 8). Second, the City's General Plan designates the Santa Ana Freeway as a primary street corridor and Seventeenth Street a secondary street corridor. One of the goals of the General Plan is to discourage the intrusion of unsightly signage and other similar structures, such as the proposed flagpole, which impact the visual and aesthetic qualities of these corridors. These corridors are also major influences on Santa Ana's image and maintaining the corridors free from obstructions is a primary goal of the General Plan. Additionally, 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. In 1995, the Chevron Gas station located at 400 East Seventeenth Street and on the opposite side of the freeway from the subject property, applied for a 70-foot tall pole sign. The Planning Commission and City Council denied the request due to the concerns that it would prompt other similar requests in the City. Additionally, adjacent uses may be prompted to once again consider removing their existing sign and constructing a new and taller sign. Approval of this request may encourage businesses to apply for similar requests to gain greater visibility in the area and from the freeway. Finally, the existing service station is situated at a prominent business location, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Additionally, Seventeenth Street is a major arterial street and provides a large volume of traffic in this area. There is also an existing 35-foot freestanding pole sign on the southeast portion of the site that provides additional recognition for the property. Therefore, there is no need for additional signage or identification of the premises. Staff has considered the immediate surroundings, specifically the freeway and the adjacent residential uses, in reviewing the applicant's request. The freeway overpass measures 35-feet from street level and the proposed flagpole is substantially higher at over two times the height. Also, the proposed flagpole is not consistent with typical requests for flagpoles and is over twice the height of the tallest and most recently approved flagpoles. It has been determined that a need for such a great disparity 758-9 Variance No. 2004-12 October 25, 2004 Page 4 in height is not warranted when considering the property's close proximity to the freeway on and off -ramps and prominent location on Seventeenth Street. Additionally, the residential uses to the north would be in direct view of the proposed flagpole and its flag. Based on code requirements and attached findings, it appears that no special circumstances warrant relief from the municipal code for constructing a 100-foot tall flagpole and exceeding the maximum allowable height (Exhibit 9). Based on the above analysis, it is requested that the Planning Commission deny Variance No. 2004-12. CEQA Compliance In accordance with the California recommended action is not considered environmental documentation is required. Environmental Quality Act, a CEQA project. Therefore the no pe~~l~~/ Vii! ~ot1P Senior Planner Assistant Planner I PG:JM pg\reports\va04-12.pc 758-10 R1 R1 ~ R1 R1 R1 R1 R1 R1 R1 R1 R1 P R1 R1 ~ R1 § R1 0 C R1 R1C 0 R1 0 M1 R3 R3 M2 A1 GENERAL AGRICULTURAL -B PARKING MODIFICATION C-SM COMMERCIAL SOUTH MAIN C1 COMMUNITY COMMERCIAL C1-MD COMM. COMMERCIAUMUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTIST VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL CR GC M1 M2 MO 0 P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN R4 RE SD SP A VA 04-12 STEVE KRIEGER II 617 EAST SEVENTEENTH STREET A rß(' - - =500 FEET 1" = 1000 FEET p L A N N N G A N D B U I EXHIBIT 1 758-11 L D N G A G E N c y ... l w w .... .... a: '( NINETEENTH ST. ~ '( ~ t- <: w as <: lJJ lJJ ;:) 9 0 z ~ 0 CI) CI) w >- lJJ ~ '" .... lJJ cc :::! .... >- ... >- I.C C( .... ~ .... f: ~ ~ lL. W lL. lL. en lJJ COMMERCIAL Z lJJ Õ "" C!) 11. STREET A VA 04-12 STEVE KRIEGER II 617 EAST SEVENTEENTH STREET A rPI' PLANNING AND BUILDING AGE N C Y EXHIBIT 2 758-12 I t .. II .1 'II~I 11'li''-1 1111111 I t I I I. I 'I , . I L ---_...J ., j~ . kt! ~ I ---..... 81 I I ¡ [):(11 !]ß':fJ -...--.....'''''' -J, [~~C()l=tiI1:l I "'"°.... i [)::(jJ rr~'Ì ~- ¡ , I I I 'I " .¡ I I I I I itlJk (I~ œ~ 1-1"'" ....,.,N en *35-Foot Tall Freestanding Sign on Subject Property *Santa Ana Freeway - 35-Feet Above Street Level (West Side of Subject Property) VA 04-12 EXJl8B616 im~ ~ .... ~N "'" ** - Santa Ana Water Tower-130-Feet Tall (Southwest of Subject Property, Across from Santa Ana Freeway) VA O~12 E~818 Variance 2004-12 October 25, 2004 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subj ect property where the strict interpretation of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The existing service station is situated at a prominent business location, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Additionally, Seventeenth Street is a major arterial street and provides a large volume of traffic in this area. Also, there is an existing 35-foot freestanding pole sign on the southeast portion of the site that provides additional identification to the site. Therefore, there is no need for additional signage or identification symbols on the premises. This is a typical lot with no unique site features that warrants a structure to exceed the maximum allowable height limit within the zone. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of the variance should not significantly impact the right of the property owner to enjoy the use of their property. Seventeenth Street is a major arterial in the City and has a high traffic volume. The construction of a 100-foot tall flagpole will not guarantee any greater enj oyment or business attraction permitted by code. VA 04-12 EXHIBIT 9 758-19 Variance 2004-12 October 25, 2004 Page 2 of 2 C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance may be detrimental and aesthetically incompatible to the surrounding residential uses, when considering that no other structure is similar in height to the proposed structure and the residential uses located immediately to the north of this site, which are considered a sensitive land use. D. That the granting of a variance will not adversely affect the General Plan of the City. The Santa Ana Freeway is designated as a primary street corridor and Seventeenth Street is designated as a secondary street corridor and major arterial in the City's General Plan. The General Plan discourages the intrusion of unsightly signage and other similar structures, such as the proposed 100-foot tall flagpole, which impact the visual and aesthetic qualities of these corridors. 758-20 CITYOF~ANTA ANA PL~~!NG & BULDI~G AGE\(\' Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 www.santa-ana.org APPEAL APPLICATION I. OWNER/APPLICANT Applicant .s\~~~ 'l-i.\~ ~ \::. ~ \ '\. ~ ~ C" Full name of erson, Firm, or Corporation \ -::. 8 () ~ ~ '- '\=-. ~~~~~~ S; ~ f\\~)~4- --=:::. 0 ~ Mailing A~ess ~ '-=- ' Area Code Phone No. Legal Owner Name: "< ~\.)\..,~ \~~~~ 'Ç:.~~~\.s.~ )~~'-.,- Legal Owner Address:~ \ '\ \::... S ~~~".r\~:~..~~ S;\R~'i:..\ S~~~~ ~~~"'~" ~ J...... '""\~\ . Phone NO.:{\\~S~\-~Y~~ ( Fax: ( II. PROPERTY INFORMATION SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST """",,-,.~,~---~,"~--, In the following provided space, please clearly specify and explain the. error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) S~~ ~~~'-~tD ~""~~\.s Applicant's Signature: ~ - Date: -liJ ¿ 7 } () 1 cmlcntr-frmlappeal 12/03 APPEAL APPLICATION NO. -=b..W\-. .8-òOLI . '1 . A?C EXHIBIT B 758-21 We do not believe the display of an American flag on our property would aesthetically impact either the local community in the immediate vicinity of the site or the City of Santa Ana. We do not understand how the American flag is considered to be unsightly. The sole purpose of this variance request is to display an American flag that can be properly seen by the local community. The flagpole needs to be 100 feet in height to overcome the physical constraints of the site. We feel the Planning Commission did not take into account the physical constraints associated with our site, which requires us to provide a lOa-foot flagpole for the American flag to be appropriately displayed. Our property has physical constraints that occurred after our project was constructed and prevents clear views of the site from the surrounding areas. A 35-foot flagpole, which is the maximum height limit for the site would not allow the American flag to be visible due to these existing physical constraints. The constraints are due largely to the noise walls along the east side of the Santa Ana Freeway. These noise walls are adjacent to and south and west of our property. The noise walls block direct views of our site of motorists traveling northbound on the Santa Ana freeway. Northbound motorists cannot see our site until after they've passed the 17th Street freeway off-ramp. A 35-foot flagpole would not allow northbound motorists to see the site until after passing the off- ramp exit. A lOa-foot flagpole would be visible to northbound freeway motorists before they approach the off-ramp, allowing them time to safely exit the freeway at 17th Street. We do not feel the approval of this variance request would set a precedent for additional laO-foot flagpoles throughout Santa Ana. Our site has physical constraints and in conjunction with the 35-foot height restriction severely limits site visibility that can only be solved with a lOa-foot flagpole. 758-22 ~?PL dCúL - cq 'Af>~ KO -11/04/04 RESOLUTION NO. 2004-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2004-12 SEEKING TO ALLOW A 100-FOOT TALL FLAGPOLE AT AN EXISTING SERVICE STATION AT 617 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Variance No. 2004-12 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 25, 2004. The applicant is requesting approval of Variance Permit No. 2004-12 to allow a 100-foot tall flagpole at an existing service station at 617 East Seventeenth Street. Applicant is seeking a variance from Santa Ana Municipal Code Section 41-602(c)(2), which establishes a height limit of 35-feet for structures that are located in the C5 zone and within 140-feet of any property zoned or used for residential purposes. 1. As defined in the municipal code, a structure is "anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards". The flagpole is over two times above the maximum allowable height for this zone and is immediately adjacent to single-family residences. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the variance have not been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. i. There are no special circumstances applicable to the subject property where the strict interpretation of the zoning B. C. 2. D. 758-23 Resolution No. 2004-45 Page 1 of 4 E. ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The existing service station is situated at a prominent business location, directly north of the freeway off-ramp and immediately adjacent to the freeway on-ramp. Additionally, Seventeenth Street is a major arterial street and provides a large volume of traffic in this area. Also, there is an existing 35-foot freestanding pole sign on the southeast portion of the site that provides additional identification to the site. Therefore, there is no need for additional signage or identification symbols on the premises. This is a typical lot with no unique site features that warrants a structure to exceed the maximum allowable height limit within the zone. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of the variance should not significantly impact the right of the property owner to enjoy the use of their property. Seventeenth Street is a major arterial in the City and has a high traffic volume. The construction of a 100-foot tall flagpole will not guarantee any greater enjoyment or business attraction permitted by code. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will be detrimental and aesthetically incompatible to the surrounding residential uses, when considering that no other structure is similar in height to the proposed structure and the residential uses located immediately to the north of this site, which are considered a sensitive land use. That the granting of a variance will not adversely affect the General Plan of the City. The Santa Ana Freeway is designated as a primary street corridor and Seventeenth Street is designated as a secondary street corridor and major arterial in the City's General Plan. The General Plan discourages the intrusion of unsightly signage and other similar structures, such as the proposed 100-foot tall flagpole, which impact the visual and aesthetic qualities of these corridors. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation is necessary for this project. ii. iii. 2. 3. 4. 758-24 Resolution No. 2004-45 Page 2 of 4 Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing, hereby denies Variance Permit No. 2004-12. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated October 25, 2004 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference ADOPTED this 25th day of October, 2004 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners: Cribb, De La Torre, Leo, Mondo, Nalle (5) Lutz, Sinclair (2) None (0) None (0) Commissioners: Commissioners: Commissioners: Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney 758-25 Resolution No. 2004-45 Page 3 of4 - CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2004-45 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on October 25, 2004. Date: Clerk of the Planning Commission City of Santa Ana 758-26 Resolution No. 2004-45 Page 4 of 4