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use if the land is at least 10 acres in size in the case of prime agricultural land , or at least 40 acres in size in the case of land which is not prime agricultural land . The proposed underlying Minor Subdivision would result in a parcel that is below 10 acres , and not large enough to be presumed to sustain the agricultural use for purposes of remaining under contract . In order to process the underlying project , the applicant must also submit a Williamson Act Notice of Nonrenewal and /or a Williamson Act Cancellation . A Notice of Nonrenewal takes approximately 10 years to remove a property from contract , while a Cancellation is immediate , but requires approval by the Board of Supervisors and payment of a Cancellation fee determined by the Assessor' s Office . Several findings must also be made in the affirmative prior to approval of a Cancelltion pursuant to Government Code Section 51282 . Filing fees are associated with the Notice of Nonrenewal and Cancellation applications . Site Plan The site plan submitted with the Variance application depicts the proposed parcel configurations and existing buildings and dwellings , but does not depict setbacks to existing or proposed property lines . A revised site plan depicting setback distances from existing structures to each property line is required prior to completing environmental review and scheduling the application for a Planning Commission hearing . Variance Pursuant to Development Title Section 9 - 805 . 030 , in order to approve the Variance application , the Planning Commission is required to make the following findings in the affirmative . Finding 1 : Special Circumstances Because of the special circumstances applicable to the property , including size , shape , topography , location , or surroundings , the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification . Applicants Statement: " There are no other properties in the immediate vicinity that have the same topography hardship . No other properties would have the right to ask for a similar Variance. " 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 topography is unique to his property and not to other properties in the area does not constitute a finding of deprivation . Finding 2 : No Detriment The Variance will not be detrimental or injurious to property or improvements in the vicinity of the subject property , or the public health , safety or general welfare . No Applicant statement provided. • This finding can be made because the site currently has two single family dwellings and crop production , and the applicant is not proposing to construct any new structures . Therefore , the creation of the two lots will not be injurious to property or improvements in the vicinity of the subject property or the public health , safety , or general welfare . Finding 3 : 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 . PA-2300015 (VR ) 3 - 30 -2023 DC Memo 2