Board reverses planning commission, allows four small parcels on dually‑zoned farm

The County Board of Supervisors voted unanimously on Feb. 11 to grant an appeal from property owners represented by Don Moyer, allowing a variance and minor subdivision on an 8.76‑acre parcel near Vernalis. The Planning Commission had earlier denied variance PA2462 and minor subdivision PA23296 because staff found the required variance findings could not be made.

Planning staff told the board that parcels in the general agriculture (AG‑40) zone normally require a 40‑acre minimum and that dual‑zoned parcels must meet both zones' standards. "Staff could not make variance findings 1 and 3 and minor subdivision findings 1 and 2," the planner said during the staff presentation, citing the MAP Act and general plan consistency tests.

Appellants and their attorney argued the parcel's configuration and local conditions warranted an exception. Don Moyer said the parcel straddles the rural residential area and the agricultural zone, has historically been farmed by the family for generations, and is "unique" in size and groundwater conditions. He told the board the family wishes the next generation to live on parcels they can separately mortgage and maintain. "We want four separate parcels so that four separate families can get four separate loans," Moyer said.

Board members debated precedence, farm employee housing rules, loan and ownership practicalities, and the risk of fragmenting agricultural land. Planning and county counsel advised that the Board has discretion to make variance findings if it identifies a factual special circumstance; county counsel also outlined the need to state a factual basis for concluding the variance would not grant a special privilege.

After deliberation, the board voted 5–0 to overturn the Planning Commission and adopt the environmental mitigated negative declaration, the mitigation monitoring program, and the recommended conditions of approval. Staff will prepare the resolution and findings consistent with the board's stated basis (dual zoning and parcel uniqueness) and will record the approved map under the conditions attached to the approval.

The action permits the creation of four lots between about 2.05 and 2.59 acres, each carrying dual zoning and subject to conditions. Planning staff noted farm employee housing and other agricultural allowances remain separate tools under county law and that subdividing parcels has different statutory consequences than placing multiple farm employee houses on a single lot.

The motion to grant the appeal and approve the map passed 5–0.