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deny without prejudice, so that she could quickly plant a crop on the unleased portion, thus qualifying as an owner-operator. " 2. "Pursuant to the recommendation of Commission members, the owner has now contracted for the preparation and planting of a winter wheat crop, thus qualifying as an owner-operator . " RESPONSE TO APPEAL: 1. At its hearing the Planning Commission denied the appli- cation as the owner did not qualify as an owner-operator as specified in Section 9-3115 . 2 of the Planning Title. However , because of sympathy for the owner ' s plight, they denied the application without prejudice so that the owner could reapply for the Minor Subdivision within a year of the denial if she could qualify during that period as an owner-operator. The Commission, as a body, did not recommend any action that the owner should take in order to qualify as an owner-operator , nor did it state that it wanted to find a way to grant the applica- tion. As indicated by staff , the proposed subdivision does not meet the minimum requirements for the creation of a home- site parcel and would represent a further fragmentation of agricultural land. In addition, the subdivision , if approved, would result in two residences on the property, neither of which would be occupied by a farm operator . 2 . Staff is not aware that the applicant has placed one- third of the parcel (eight acres ) , which is not leased, under cultivation. Cultivation of this one-third portion would still not satisfy the requirements for the creation of a homesite parcel. If the Board decides to approve the application, the following actions will need to be taken: 1. Adopt the Negative Declaration; and 2 . Make the required findings in support of the proposed project. (See Findings , Staff Report, pages 6 and 7 . ) FISCAL IMPACT: None. BOS LETTER PAGE 2