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Recommendations Action It is recommended that the Planning Commission approve the Variance due to the ability to make all Findings in the affirmative. Findings Finding 1. Because of the special circumstances applicable to the property, including size,shape, topography, location or surroundings, the strict application of the regulation deprives the property owner of privileges enjoyed by other property in the vicinity and under identical zoning classifications. • This finding can be made because there is a row of remaining orchard trees between Interstate 5 and Harlan Road that prevents motorists traveling on Interstate 5 from having a clear view of the billboard sign. The other billboards in the vicinity of the billboard are either tall enough as to not be obstructed by trees or are in locations with unobstructed views. Finding 2. The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone which the property is situated. • 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. • This finding can be made because a billboard sign is a conditionally permitted use in the I- G zone with an approved Site Approval application. The Variance if approved will increase the height of the existing billboard sign. San Joaquin County PA-0400278\Muller Community Development Page 6