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The Landscape architects recommended the trees should not be trimmed, as they would be severely damaged due to the proposed trimming. State Recommends County Should Raise the 50 Foot Height Requirement From this request to trim trees the State advised that there is existing signage exceeding 50 feet that clears the tree plantings. Diane Heth, Permits Administrator, further states there has been new signage within San Joaquin County that has been previously constructed that exceeded the current stated 50 foot height requirements by the County or is using the Freeway grade as a guide. State Landscape Architect Recommendations The California State Landscape Architect of the Department of Transportation indicates the best course of action would be to submit a change of our sign height with the County to clear the trees. This would then save the Orchard Trees from possible damage by our proposed request to trim and top the trees. The application was 1004-60A-0201 dated April 8, 2004. • This finding can be made because there are approximately six existing signs in the vicinity of the billboard sign. It appears that the billboard signs are taller than the billboard in question. It is unlikely that any additional sign will be approved in the vicinity because Development Title Section 9-1710.6(a)(4) requires that all billboard signs be 1000 feet apart. Finding 3. The Variance will not authorize a use or activity that is not otherwise expressly authorized by the regulation governing the parcel of property. The applicant states: Appeal Leonard & Company has the right to appeal the State decision by contacting Julie Dunning the District Director. However, Leonard & Company, Inc. believes that trimming the 45-year-old trees would cause them harm and chose not to appeal this decision. Variance It is our opinion that the Variance process through San Joaquin County is the best option for us to pursue. The State advises there is a precedent that has already been set for 65 foot billboards along this corridor of 1-5. The 50 foot grade at road level should not apply to the undeveloped lot since the topography of this parcel sits below the freeway and road grade. The 50 foot grade should begin at the freeway or frontage road level which seems to be the precedent already set by other signs. Finally, trimming the historic orchard trees is not an option we wish to pursue. We believe the County would prefer a uniform look along the 1-5 corridor rather than the "hodge podge look" of varying size height the 50 foot grade set using the undeveloped land created under the current standard with this sign. 3