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Planning Commission grants variance to allow 75‑foot Nishan Sahib at Gurdwara Nanak Sar after public support

2512903 · March 6, 2025
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Summary

After staff recommended denial, the Planning Commission granted a variance to allow a 75‑foot Nishan Sahib (religious emblem) at Gurdwara Nanak Sar, concluding the applicant met variance findings and that the proposal would not harm nearby properties.

The Planning Commission on the evening considered an appeal of a director-level denial of a variance to replace an existing 25‑foot flagpole with a 75‑foot Nishan Sahib (a Sikh religious emblem) at the Gurdwara Nanak Sar on Cherry Avenue.

Planning staffer John George outlined the variance standards and explained staff’s recommendation to deny because the necessary variance findings could not be made under the development code. Staff reminded the commission that the municipal code treats free‑standing flagpoles as sign/flag structures with a 25‑foot maximum; building elements can exceed some height limits under building‑element exceptions, but freestanding flagpoles are addressed separately. "The findings are exceptional extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity," George explained while reviewing the variance findings required in the municipal code.

The applicant and community members told commissioners the Nishan Sahib is a living religious symbol and a point of refuge: Joga Singh Mahil, speaking for the gurdwara, said, "For us, it is not a flag. It's a living symbol of our faith." Supporters described the structure as a long‑standing form of religious identification and a public signal that food and shelter are available at the gurdwara for anyone in need. Several speakers from local civic and interfaith groups said the symbol promotes inclusion and that comparable religious elements exist in other jurisdictions.

Commission discussion focused on whether the property’s context created exceptional circumstances and whether granting the variance would create an uneven special privilege. Planning staff acknowledged that some tall religious architectural elements exist elsewhere in the county, but noted those had been evaluated under building‑element provisions when they were permitted. Commissioner discussion identified visibility constraints in the area -- including an elevated Highway 41 alignment nearby and the size and siting of the approved sanctuary building -- as factors supporting a finding that the standard 25‑foot limit would not permit the symbol to meet its intended visual and civic purpose.

After public comment and deliberation, the commission adopted the environmental determination and approved the variance, overturning the director’s denial. The motion included findings that the site’s circumstances (proximity to a raised freeway alignment and the size and siting of the sanctuary building) made the variance necessary for the emblem’s intended visibility and that the variance would not be detrimental to nearby properties. The commission’s action permits the gurdwara to install a 75‑foot Nishan Sahib at the approved location on the site.