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Analysis <br /> Background <br /> On May 27, 2003, the Community Development Department conditionally approved PA-0400171 for the <br /> construction of an off premise billboard sign. The building permit for the sign was finaled by the Building <br /> Division on October 16, 2003. The sign was built at the site. Development Title Section 9-1710.6(a)(3) <br /> requires that off-premises billboard signs in industrial zones be a maximum of 50 feet above grade. The <br /> applicant built the sign 50 feet tall, as required. However, the grade of the property where the sign is located <br /> is lower than Interstate 5, and there is a row of trees between Interstate 5 and Harlan Road in the vicinity of <br /> the sign. The applicant indicates that the trees decrease the visibility of the sign to motorists traveling on <br /> Interstate 5. The applicant also indicates that an application was submitted to Caltrans requesting permission <br /> to trim the trees. The application was denied. As a result, the applicant is requesting a Variance to raise the <br /> height of the sign 15 feet to make the sign more visible to motorists on Interstate 5. <br /> Policy Considerations <br /> For a Variance application to be approved, three Findings for a Variance must be made in the affirmative. <br /> The applicant submitted Findings for the approval of the Variance application. The Community <br /> Development Department has determined that all three Findings can be made in the affirmative. <br /> Variance Findings <br /> Finding 1. Because of the special circumstances applicable to the property, including size, shape, <br /> topography, location or surroundings, the strict application of the regulation deprives the <br /> property owner of privileges enjoyed by other property in the vicinity and under identical zoning <br /> classifications. <br /> The applicant states: <br /> Leonard & Company requests a Variance to the height of our approved billboard. We request <br /> that the sign height allowance be increase to 65 feet from property level as opposed to the county <br /> standard of 50 feet for the following reasons: <br /> Visual Conformity <br /> The state has several 65 foot billboards lined up on 1-5 1000 feet both North and South of our <br /> location at 9848 Harlan Road in French Camp, California. The appearance of our billboard <br /> (because `it is lower in height') looks out of since with the other billboards in the area. All the <br /> signs in this area are tall enough to clear the trees except for our billboard, which appears to be <br /> substandard as it drops below the tree line. <br /> State Approvals <br /> Susan Swenson from Cal Trans advises that they will approve the sign with a new application at <br /> the requested height of 65 feet and still be in conformance with the other signs along this corridor. <br /> Low Land Grade <br /> When Leonard & Company, Inc. originally requested the approval of this sign as it was our <br /> understanding that the billboard would be considered 50 feet above Freeway street level or <br /> frontage road level. It was not until the late stages of the building permit process, that Leonard <br /> was made aware that the 50 feet begins at the ground level of our lot, and we could not use <br /> Freeway grade or frontage road as a guide. Leonard still contends that the intent of the <br /> San Joaquin County PA-0400278\Muller <br /> Community Development Page 3 <br />