Chapter 13.16
ELECTRICAL TRANSMISSION FACILITIES

Sections:

13.16.010    Recitals of fact.

13.16.020    Purpose and intent.

13.16.030    Location of facilities.

13.16.040    Permit—Approval conditions.

13.16.050    Permit—Application—Initial processing.

13.16.060    Permit—Planning commission hearing.

13.16.070    Permit—Board of supervisors decision.

13.16.010 Recitals of fact.

Current county ordinances and regulations do not provide adequate county and public review of projects for electrical transmission lines, facilities and substations capable of carrying one hundred thousand volts or more, and such projects could have potentially significant effects on the citizens and property owners in the county related to health, noise, esthetics, property values, land use, local economy, soils, vegetation, wildlife, etc., which may need to be mitigated. (Ord. 450 § 1, 1985)

13.16.020 Purpose and intent.

A. The board of supervisors finds and determines that the public interest requires that electrical transmission lines, facilities, and substations capable of the transmission of one hundred thousand volts or more be regulated in the county in order to promote and preserve the health, safety and general welfare of the public and to assure the orderly development of the county.

B. No public agency, district, private utility or person may locate or construct any lines for the transmission or distribution of electrical energy, including poles, wires, other accessory structures, and electrical substations capable of the transmission of one hundred thousand volts or more of electrical energy, unless such facilities are approved by the county pursuant to this chapter. (Ord. 450 § 2, 1985)

13.16.030 Location of facilities.

Such facilities may only be approved in general plan designated open space (OS) areas as delineated on the county general plan map. (Ord. 450 § 4, 1985)

13.16.040 Permit—Approval conditions.

Permits to construct such facilities are a discretionary act of the county and may be approved as submitted, approved with conditions or denied subject to the findings of the county. (Ord. 450 § 3(a), 1985)

13.16.050 Permit—Application Initial processing.

A. Applications for an electrical permit shall be made in writing to the county planner and shall be accompanied by a description of the project, statement of necessity for the project, environmental information complying with the requirements of the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) as applicable and such other plans, maps, etc. necessary to determine the scope and potential effects of the proposed project. Such application shall be accompanied by a nonrefundable fee as specified in the county fee ordinance, Chapter 3.04.

B. The county planner shall accept the application as complete and adequate for processing or return it to the applicant with a request for additional information within thirty days. (Ord. 450 § 3(b), (c), 1985)

13.16.060 Permit—Planning commission hearing.

A. The planning commission shall hold a public hearing within thirty days of the date a permit application is accepted as complete. Notice of such public hearing shall be given at least ten days in advance by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the latest equalized assessment roles as owning real property within three hundred feet of the property which is the subject of the proposed use permit. Notice shall also be given at least ten days in advance of the hearing by one publication in a newspaper of general circulation in the county or by posting notice in at least two conspicuous places close to the property which is the subject of the proposed use permit. Notices shall contain, at minimum, a brief description of the property, the proposed use, and the time and place of the hearing. The failure of any property owner to receive such notice shall not invalidate the proceedings.

B. The planning commission shall then make recommendation to the board of supervisors as to the proposed conformity with the county general plan and zoning ordinance; the potential effects of the project on the health, safety, welfare and environment of the county, and feasible alternatives to the project. (Ord. 450 § 3(d),(e), 1985)

13.16.070 Permit—Board of supervisors decision.

The board of supervisors shall then conduct a public hearing and within sixty days from the date the application was determined to be complete by the county planner. The board shall by resolution approve, approve with conditions or deny the application based on their findings of the project’s consistency with the county general plan and the county zoning ordinance; the potential effects of the project on the health, safety, welfare and environment of the county; and the feasible alternatives to the project. (Ord. 450 § 3(f), 1985)