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• The variance seeks the ability to create a parcel of less than the 40-acre minimum proposed by the Code for the purpose of allowing Mr.Van Dyk to continue residing on and farming the property without the burden of maintaining a second residence on the property. The intent and purpose of this variance request are in accord with County policies promoting continued family farming. Mr.Van Dyk desires to continue to reside on and farm the larger parcel,while conveying Residence 1 to a purchaser who desires 2-acres near town without the obligation to maintain a farm. • 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. 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. • 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]. 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. • 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. CEQA Because no physical changes to the property is proposed for or would be authorized by this application, the proposal is exempt from CEQA pursuant to the Common Sense Exemption (CEQA Guideline §15061(b)(3) ["no possibility that the activity in question may have a significant effect on the environment"])and Class 1 categorical exemption (CEQA Guideline§15301)for"Existing Facilities." {00165622.1