Planning Services

1996 General Plan Overlays

OBJECTIVE 2.2.2: OVERLAY LAND USE DESIGNATIONS
Establishment of overlay designations to provide additional direction for the development of land where circumstances apply generally to the lands regardless of the underlying land use designations.

Policy 2.2.2.1
The following General Plan overlay designations are included:

1. Agricultural Districts
   
2. Platted Lands
   
3. Ecological Preserve
   
4. Non-Jurisdictional Lands
   
5. Planned Community
   
6. Mineral Resource

Policy 2.2.2.2
The purpose of the Agricultural District (-A) overlay designation is to identify the general areas which contain the majority of the County's federally designated prime, State designated unique or important, or County designated locally important soils (collectively referred to as "choice" agricultural soils) and which the Board of Supervisors has determined should be preserved primarily for agricultural uses. This designation does not imply any restrictions on agricultural uses in areas not designated specifically as an Agricultural District but only serves to identify agriculture as the principal activity and to discourage incompatible uses such as higher density residential use.

1. Agricultural Districts shall be used to conserve and protect important agricultural crop lands and associated activities, maintain viable agricultural-based communities, and encourage the expansion of agricultural activities and production.
   
   
2. The minimum residential parcel size for lands containing choice agricultural soils within an Agricultural (-A) District shall be twenty (20) acres or the minimum lot size established by the underlying land use designation, whichever is greater.
   

   Residential parcels within Agricultural Districts where 70 percent or more of the parcel area is identified by the Agricultural Commission as land unsuitable for agriculture, as defined in "The Procedure for Evaluating the Suitability of Land for Agriculture," may be considered for a minimum parcel size of ten (10) acres. Clustering of planned residential developments on "non-choice" agricultural soils within Agricultural Districts, that have been identified by the Agricultural Commission as land unsuitable for agriculture, may be allowed but in no case smaller than five (5) acres.

3. Ranch marketing is encouraged on lands engaged in agricultural production.

Policy 2.2.2.3
The purpose of the Platted Lands (-PL) overlay designation is to identify isolated areas consisting of contiguous existing smaller parcels in the Rural Regions where the existing density level of the parcels would be an inappropriate land use designation for the area based on capability constraints and/or based on the existence of important natural resources. The -PL designation shall be combined with a land use designation which is indicative of the typical parcel size located within the Platted Lands boundaries. The existence of the -PL overlay cannot be used as a criteria or precedent to expand or establish new incompatible land uses.

The -PL overlay designation may also be applied to lands historically zoned with a commercial zone district combined with the Commercial (C) land use designation.

1. Parcels within the -PL overlay designation shall not be permitted to subdivide to a size smaller than the minimum parcel size allowed by the base land use designation.
2. -PL district boundaries shall not be modified to include additional parcels for the purpose of allowing subdivision of those additional parcels.

Policy 2.2.2.4
The purpose of the Ecological Preserve (-EP) overlay designation is to identify those properties in public or private ownership which have potential to be established or have been established as habitat preserve areas for rare or endangered plant and animal species and/or critical wildlife habitat and/or natural communities of high quality or of Statewide importance and/or Stream Environment Zones (SEZ) as established in the Tahoe Basin. Ecological preserves may be established by private contract and/or memoranda of understanding affecting interested public agencies.

1. The Ecological Preserve overlay designation shall be combined with a basic land use designation that is appropriate for the area. The overlay will enable the land use densities or building intensities for a discretionary project to be transferred to other lands, clustered, or otherwise mitigated to maintain the Preserve.
2. The implementation strategies for the designated Ecological Preserve overlay lands shall be developed and approved by the Board of Supervisors prior to the designation taking effect. Implementation strategies shall not change the base land use designation.
3. Within the Tahoe Basin, the Ecological Preserve overlay shall apply to SEZ as established by Section 37.3 of the Tahoe Regional Planning Agency Code of Ordinances.

Policy 2.2.2.5
The purpose of the Non-Jurisdictional Lands (-NJ) overlay designation is to identify the incorporated cities of Placerville and South Lake Tahoe within the County, other lands under Federal and State ownership, and the Shingle Springs Rancheria. Local land use planning within these areas is the responsibility of that government entity.

1. The County shall coordinate with the incorporated cities in land use planning and development to:
   
   1. provide compatibility and coordination of land use designations;
   2. provide compatibility and coordination of design and development standards and funding programs;
   3. provide for a comprehensive and equitable distribution of revenues for all annexations; and
   4. provide cooperation with the cities regarding shared responsibilities for improved infrastructure.
2. The County will actively participate and coordinate with the appropriate Federal and State agencies in land use planning that affects the County's customs, culture, or economic stability. The County shall be represented on joint power authority Boards by elected representatives or their appointees.
3. Establish a joint County/City task force to develop complementary land use designations, zoning, transportation, and funding plans to protect existing and to encourage new commercial, industrial, and research and development projects in the Missouri Flat-Placerville Drive areas.
4. The County shall coordinate with the incorporated cities to ensure that compatible development occurs within each city's sphere of influence and/or the Community Region adjacent to each city, which is consistent with the County's and each city's respective General Plans, that development which is incompatible with the city's General Plan and within any city's sphere of influence and/or the Community Region adjacent to each city shall not be permitted by the County, and that urban development shall be discouraged until annexation to the city occurs.
   1. Except in those instances where residential parcels have already been subdivided into less than five-acre parcels, the County shall zone all lands not developed within a city's sphere of influence and/or the Community Region adjacent to each city so as to permit a density not to exceed one dwelling unit per five acres for these residential parcels.

Property within the city's spheres of influence which cannot be annexed to the city, because of the lack of contiguity, shall not be developed unless the development meets all of the following criteria:

1. The development provides for the necessary on-site infrastructure;
2. The development assists in providing solutions to significant infrastructure problems in the surrounding area;
3. The development is consistent with the city and County General Plans and existing neighborhoods; and
4. The property is subject to a recorded condition precluding opposition to annexation by the city.

2. The County shall zone all undeveloped lands within a city's sphere of influence and/or the Community Region adjacent to each city so as to not permit the creation of nonresidential lots smaller than one acre in area for these parcels.

Property within the Placerville Community Region which cannot be annexed to the City, because of the lack of contiguity, shall not be developed unless the development meets all of the following criteria:

1. The development provides for the necessary infrastructure;
2. The development assists in providing solutions to significant infrastructure problems in surrounding area;
3. The development is consistent with the City and County General Plans; and
4. The property is subject to a recorded condition precluding opposition to annexation by the City.

Policy 2.2.2.6
The purpose of the Planned Community (-PC) overlay designation is to supersede underlying land use designations, as set forth in Policy 2.1.4.3, and to:

1. Identify lands suitable for new communities that require a specific plan in accordance with Government Code Sections 65450-65457 and common planning and funding for infrastructure and life cycle costs.
2. Allow use of modern planning and development techniques, effect more efficient utilization of land, and to allow flexibility of development;
3. Aid in the reduction of development costs and provide for a combination of different land uses which complement each other but which may not in all aspects conform to the existing zoning regulations;
4. Encourage a more efficient use of public and/or private services;
5. Place the primary emphasis on clustering intensive land uses to minimize impact on various natural and man-made resources, minimize public health concerns, minimize aesthetic concerns, and provide for the creation of open space lands and other community land uses.
6. Provide for public benefit.

Policy 2.2.2.7
The purpose of the Mineral Resource (-MR) overlay designation is to identify those areas that are designated as Mineral Resource Zone 2 (MRZ 2xx) on the State Classification Reports. The -MR overlay shall only be considered appropriate with the following base land use designations.

• Natural Resource (NR)
• Open Space (OS)
• Industrial (I)
• Commercial (C)
• Public Facilities (PF)
• Rural Residential (RR)
• Low Density Residential (LDR)

If appropriate, said properties shall also be similarly zoned with Mineral Resource (-MR) combining zone district in conformance with Policy 7.2.1.2.

Before authorizing any land uses within the -MR overlay zone that will threaten the potential to extract minerals in the affected area, the County shall prepare a statement specifying its reasons for considering approval of the proposed land use and shall provide for public and agency notice of such a statement consistent with the requirements of Public Resources Code section 2762. Furthermore, before finally approving any such proposed land use, the County shall balance the mineral values of the threatened mineral resource area against the economic, social, or other values associated with the proposed alternative land uses. Where the affected minerals are of regional significance, the County shall consider the importance of these minerals to their market region as a whole and not just their importance to the County. Where the affected minerals are of Statewide significance, the County shall consider the importance of these minerals to the State and Nation as a whole. The County may approve the alternative land use if it determines that the benefits of such uses outweigh the potential or certain loss of the affected mineral resources in the affected regional, Statewide, or national market.