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would support granting the variance. As you know, Section 18.58.040(A) of the Colton Municipal Code generally provides that: "Variances from the terms of this title shall be granted only when, because of location or surroundings, the strict application deprives such property of privileges enjoyed by otherproperty in the vicinity and underidentical zoning classification." Staff agreed with the applicant that there were other properties in the same vicinity and zone that contained freestanding signs in excess of five feet (5') in height, however staff did not believe that the applicant established their burden to show what specific special circumstances were applicable to the property that would support granting the major variance (See January 11 and February 8 Staff Reports — attached). Conversely, the applicants testified that they believed the following factors would support a variance: The unique shape of the Subject Site only allows signage to be placed along Mt. Vernon Avenue. This would be the only sign the public would be exposed to, as it travels along Mt. Vernon. The ability to place only one sign to advertise unnecessarily disadvantages the property compared to others in the same vicinity because many of those other properties are able to place more than one sign on their property. 2. The fact that this was a destination oriented business located away from freeway frontages. On February 22, 2005, the Planning Commission, by a vote of 4 members in favor -none opposed, adopted Resolution R-01-05 approving the major variance to permit an overheight freestanding sign. (See Attached Minutes from Planning Commission Hearings and Approved Resolution) As part of this approval, the Planning Commission also added a condition requiring the applicants to pave Y2 the street in the area fronting their project. The Planning Commission based this decision on the City Engineer's recommendation and the applicant's testimony that approval of the sign would help generate additional traffic to the facility. FINANCIAL IMPACT: No verified impact. The applicants testified during the public hearing that there may be some positive financial impacts to the City concerning an increase in traffic traveling to the site as a result of the sign, which could lead to an increase in sales and sales tax to the City. ENVIRONMENTAL IMPACT: The Planning Commission previously approved a Negative Declaration for the project in accordance with the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. CONFLICT OF INTEREST — (Gift Disclosure Requirements) Applican Giant RV Bob Barouti/Dick Torres 9150 Benson Avenue Montclair, CA ORANGE\MXM\16604.1