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"The property has already been developed with the residential uses. Mr. Van Dyk simply seeks the right to sell a portion of the developed property to the occupant". • This finding cannot be made because the subject parcel has no special circumstances which would deprive it of privileges enjoyed by other property in the vicinity and under identical zoning classification. The applicant's proposed finding that the parcels surrounding the subject parcel are similar or smaller in size does not constitute a finding of deprivation. The surrounding parcels that are below 40- acres in size are non-conforming parcels in the AG-40 zone, created under the regulations in place at the time of subdivision. 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: "Notwithstanding the AG-40 zoning designation, a quick survey of AG-40 zoned properties within a 1-mile radius of the Mr. Van Dyk's property reveals that a substantial number, if not a majority, are well below the 40-acre minimum. In fact along E. River Road, within a quarter mile of the property there are no fewer than eight 1-5 acre parcels primarily dedicated to single family residential use. (see, e.g., APNs 24523038 [1.02 ac]; 24523042 [3.0 ac], 24523055 [0.62 ac]; 24523054 [2.44 ac], 24523052[4.42 ac]; 24523041 [1.0 ac]; 24523036[2.0 ac]; 24523014[1.22 ac]; 24524015[1.0 ac]". • This finding cannot be made because granting this Variance will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Parcels in the vicinity of the project site that are below the forty(40) acre minimum were created consistent with the General Plan, zoning, and code requirements that were in effect at the time of creation. Surrounding property owners within the vicinity and with the same zoning classification are not permitted to subdivide parcels to less than the 40-acre minimum unless a specific Development Title exception applies. The exceptions to meeting the zone minimum include subdividing properties to create 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. The subject parcel does not meet the requirements for any of these exceptions. 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: "The existing/proposed single-family residential and agricultural orchard uses of the property are authorized in the AG-40 zone by the Development Title. See, TABLE 9-605.2". • 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. The underlying subdivision, which would be required if the Variance application is approved, would permit the applicant to continue farming the parcel without the responsibility of maintaining a second residence. Crop production is a Planning Commission Staff Report, Item # 1 01/16/2020 — PA-1900247 (VR) 6