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the vicinity with parcels having the same zoning classification are not able to divide their parcels smaller than 40 acres with the exception of homesite parcels, homesite parcels for financing purposes, parcels for certain specified uses, parcels for dwellings on the same lot, or parcels based on lot size averaging. Finding 2: No Special Privileges 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 in which the property is situated. Applicant's Statement "No special privileges to be granted. Property will be consistent to neighboring properties within Loduca Estates." • This finding cannot be made because granting this Variance will constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. The Loduca Estates parcels, which include the subject parcel, were originally created from an antiquated subdivision that was recorded in 1911. In both 1988 and 1990, when the resubdivision applications were submitted, the argument made for recommending approval of the applications was that it was a reconfiguration of an antiquated subdivision and that no new nonconforming parcels were being created (Planning Title Section 9-9105[b]), and there was no increase in density. This Minor Subdivision application, if approved, will create two (2) new nonconforming parcels, a special privilege that would not be afforded other properties in the vicinity and zone in which the subject property is situated. There are no limitations upon this property that are not also on neighboring properties in the vicinity and within the same zone. Finding 3: Use Authorized The Variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. Applicant's Statement No Statement • This finding can be made because the Variance application does not authorize a use that is not otherwise expressly authorized by the General Plan or Development Title. Residential and agricultural uses are permitted on parcels under the AIG (General Agriculture) General Plan designation and in the AG-40 (General Agriculture. 40-acre minimum)zone. SJ Farm Bureau Federation The SJ Farm Bureau Federation submitted an opposition letter dated March 1, 2018 stating concerns about the creation of a parcel of substandard size from an existing nonconforming parcel. The letter states that the creation of substandard parcels undermines the intention of the agricultural zone, which is for commercial agricultural production. Additionally, the letter states that approval of the application will create a new homesite parcel, propagating residential development in the agricultural zone and creating a discontinuous urban growth pattern, which is contrary to the goals of San Joaquin County. The Community Development Department is recommending denial of Variance application PA-1800029 because it would allow the creation of two (2) new nonconforming parcels that do not conform to the zone San Joaquin County PA-1800029 Community Development Page 5