SU0015378 - Laserfiche WebLink

Home Browse Search

Applicants Statement: " The land use now and after the granting of the Variance would be consistent with the General Plan . " • 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 that time . 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 proposed underlying subdivision , as proposed , is not permitted based on any of these exceptions . Finding 4 : 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 . Applicants Statement: " The parcel is approximately 37. 5 acres in size rather than the required 40 acres. The geometry was dictated by extreme topography on the north end of the property. There is a 3400t vertical "bench " between the two properties so making this parcel 40 acres when it was created would have been useless. The bench prohibited farming by only one owner as a tractor could not maneuver up and down the bench . " • 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 , does not propose any new uses . The property contains two existing single family dwellings and is utilized for crop production , which is an agricultural use . These use are not proposed to change or be removed if the Variance is granted . Crop Production and Single - Unit Dwellings are both permitted uses in the Development Title in the AG =40 ( General Agriculture , 40 -acre minimum ) zone . Environmental Review Upon receipt of the revised site plan depicting setbacks from the existing structures to the proposed property lines , the project must be reviewed pursuant to the California Environmental Quality Act . The document must be posted with the Office of Planning and Research for a minimum of 30 days . After this posting period closes , the Community Development Department can proceed with scheduling the project for a Planning Commission hearing . Planninq Commission As noted above , this item will be scheduled for a future Planning Commission date . If the Planning Commission approves the Variance application , then the applicant must submit a Minor Subdivision application , as noted above . If the Planning Commission denies the Variance application , then the applicant may appeal the denial to the Board of Supervisors within ten ( 10 ) days after the Planning Commission hearing . SJ / Is PA-2300015 ( VR ) DC03302023 PA-2300015 (VR ) 3 - 30 -2023 DC Memo 3