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Development Committee Memorandum March 2, 1992 Page 2 This finding cannot be made because granting this variance would constitute a granting of special privilege by enabling the applicant to create two parcels with significantly less area that the 40-acre minimum required in the AG-40 zone. This would permit an additional homesite which would be in conflict with both the area zoning and the General Plan density requirements for agriculturally designated land. Granting this variance would have the effect of rezoning the property to permit small residential parcels. 3 . The variance will not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. ° This finding cannot be made because granting the variance would essentially constitute a rezoning and would permit one additional residence to be constructed on the site. The AG-40 zone permits a minimum parcel size of 40-acres, and this one dwelling unit per 40 acres. This variance would permit two parcels, resulting in an extra homesite, which is not permitted at this time with the existing zoning. Trees: Should this variance be approved, the underlying project will likely be a minor subdivision. Subdividing the site, and any subsequent construction may have a significant impact on the oak trees. Based upon this, it is likely that development will not be permitted within the drip line of the oak trees. This would include development of structures, parking areas, driveways, septic tanks, and leach fields. A more detailed analysis of the underlying project' s potential impacts on the oak trees will be done when the environmental assessment is prepared for the minor subdivision. Additional information on the trees may be necessary in order to determine significance and what mitigation may be necessary.