§ 17.92.025. Use permits for high voltage electrical transmission and distribution projects.

Use permits for High Voltage Electrical Transmission and Distribution Projects may be approved as set forth in this section.

A.

An application for a use permit for a High Voltage Electrical Transmission and Distribution Project shall be made in writing on a form prescribed by the Director of Resource Management. At a minimum, each application for a use permit for a High Voltage Electrical Transmission and Distribution Project shall include the following:

1.

A completed application form and filing fee.

2.

A narrative explanation of the route of the proposed project along with a description of the location, comparative availability, and advantages and disadvantages of a reasonable range of alternatives to the proposed project, including alternatives that use or expand existing rights-of-way.

3.

A clear and concise description of the High Voltage Electrical Transmission and Distribution Project and accompanying activities, with plans and maps at appropriate scale showing the details of the proposed project, building, or facilities, tower design and appearance, heights, and alternative routes.

4.

A photo simulation of the proposed project and each alternative from at least six locations along its route in the County. Each location shall include simulated views of project facilities from four directions (north, south, east, and west).

5.

For the proposed project and each alternative, all of the following:

a.

Estimated cost, including construction, land acquisition, and other development costs;

b.

A description of the type of vegetation and soils that would be removed or impacted by construction;

c.

A map showing the number, types, uses, and distances of buildings, public and private airports, dedicated open space, and parklands located within a 1,000 foot distance of project infrastructure;

d.

An analysis of the audible noise and lighting impacts of the proposal, together with any other studies reasonably necessary for the County to perform its duties as a lead or responsible agency in connection with the environmental review of the project;

e.

An analysis of the potential adverse human health effects of the project on those present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project. The analysis shall use the best available scientific information at the time it is conducted; and

f.

An analysis of potential economic impacts on agriculture, timber production, and related support industries. The Director of Resource Management may also require an analysis of potential economic impacts on other matters relevant to the review criteria set forth below, including potential economic impacts on other industries, on County and special district revenues, on local tourism and economic development efforts, and on other similar matters.

B.

Within 30 days of filing an application for a use permit in connection with a High Voltage Electrical Transmission and Distribution Project, the applicant shall provide the Planning Division with copies of all applications for state, federal, and other permits, certificates, authorizations, and licenses in connection with the proposed project. Promptly following the issuance of any state or federal permits, certificates, authorizations or licenses, biological opinions, records of decision, memoranda of understanding, exemptions, variances, or similar authorizations or approvals related to the proposed project, the applicant shall provide copies of those documents to the Planning Division.

C.

No application shall be accepted as complete unless and until all fees, the application form, and related information are filed with and accepted by the Planning Division. Failure of any applicant to respond, within thirty days of mailing, to any notice that the application is incomplete or to any request to clarify, amplify, correct or otherwise supplement the application shall be deemed an abandonment of the use permit application and no further action shall be taken upon it.

D.

For all High Voltage Electrical Transmission and Distribution Projects that traverse a portion of the County and whose impacts, in the determination of the Director of Resource Management, are not likely to be isolated to a small geographic area within the County, the Director of Resource Management may require the applicant to present the application to interested members of the public at one or more public meetings arranged by the applicant at a location convenient for interested members of the public. Such meetings shall be in addition to any hearings on the permit application held by the Planning Commission or the board of supervisors, and in addition to any meetings of local general plan advisory committees to which the application is referred. The applicant shall also, if requested by the Director of Resource Management, develop a public outreach program to be approved by the Director of Resource Management that includes such meeting(s) and any similar public outreach efforts to be undertaken by the applicant. If any portion of the proposed project is located within a planning area designated in a city general plan, the outreach program shall also include one or more meetings in that city.

E.

All applications shall be reviewed pursuant to and for compliance with the California Environmental Quality Act (CEQA) under procedures established by the board of supervisors.

F.

All applications shall be reviewed by County staff. The report of County staff, including any recommended conditions of approval, shall be forwarded to the Planning Commission prior to the hearing on the application.

G.

The purpose of this subsection is to establish criteria for High Voltage Electrical Transmission and Distribution Projects in the unincorporated area of the County, and shall apply to all such projects, including, but not limited to, projects submitted by municipal utility districts pursuant to Public Utilities Code Section 12808.5. High Voltage Electrical Transmission and Distribution Projects may only be approved or conditionally approved if all of the following findings are made based on substantial evidence in the record:

1.

The proposed project is consistent with the General Plan and any applicable specific plan(s);

2.

There is a demonstrated need for the proposed project;

3.

The project, including route and facilities location and equipment appearance and design, is justified when compared with alternatives, and there are no feasible alternatives that would substantially reduce the adverse effects of the project as proposed; and

4.

The proposed project will not, under the circumstances of the particular project, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County; provided, if the proposed project is necessary for the public health, safety, or general welfare, the findings shall so state.

For purposes of this subsection, the term "demonstrated need" means that the applicant has shown that the project is necessary to promote the public health, safety, welfare, and convenience; the term "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

H.

The Planning Commission shall hold a public hearing on each application after the application is accepted as complete. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given by publication, as required by Government Code Section 65090, and by mail, as required by Government Code Section 65091. Failure to receive the notice required by Government Code Section 65091 shall not invalidate any action on the application. Any hearing may be continued. If a hearing is continued to a specific time, date, and place, no further notice of the hearing is required, unless the Director of Resource Management determines otherwise. Additional notice of any application may be given if the Director of Resource Management deems it necessary or desirable, and shall be given if the board of supervisors so directs.

I.

After the hearing, the Planning Commission shall render its decision, in the form of a written resolution, which shall include a recommendation to the board of supervisors for action on the application, the reasons for the recommendation, and the relationship of the application to the general plan and any applicable specific plan. A recommendation to approve a use permit application shall clearly describe the uses permitted, set forth all conditions of approval, and identify which conditions, if any, must be met prior to use of the use permit. A recommendation to approve a use permit shall also include findings of fact as required by subsection G of this section. The Planning Commission may also recommend that security be required if it deems reasonably necessary to ensure compliance with any conditions imposed.

J.

The Planning Commission may recommend that the use permit be conditioned upon the dedication of land or the posting of a bond to guarantee the installation of public improvements or the reclamation of lands disturbed by project-related construction, provided the dedication or public improvements are reasonably related to the use for which the use permit is recommended by the Planning Commission to be approved.

K.

The Director of Resource Management shall cause a report of the Planning Commission's action to be filed with the Clerk of the Board within ten working days after the Planning Commission's decision.

L.

Upon receipt of the report of the Planning Commission's action, the board of supervisors shall set the matter for public hearing before it. The notice provisions of subsection H of this section apply to hearings held under this subsection. The board of supervisors may continue any hearing to a specific time, date, and place without further public notice.

M.

The board of supervisors shall conduct a "de novo" review of the Planning Commission's decision and shall review the report of the Planning Commission's action and any additional relevant information that may have been received at the hearing before the board of supervisors.

N.

The board of supervisors may, in its discretion, refer any application back to the Planning Commission for further review and report. The Board may also, in its discretion, approve, disapprove, or modify, wholly or partly, any recommendation of the Planning Commission. The board of supervisors may also impose additional conditions consistent with the provisions of subsections G through J of this section.

O.

No use permit shall be granted until findings of fact are made as required by subsection G of this section. Whenever the evidence before the Board supports any findings or determination which prohibits approval under subsection G of this section, the Board shall not affirm the approval or reverse the disapproval of a use permit unless appropriate conditions sufficient to overcome such findings are included in the decision.

P.

The action of the board of supervisors shall be final. Section 17.92.030, concerning appeals, shall not apply to the Board's action.

Q.

Every use permit granted under this section is revocable pursuant to section 17.92.040. Any use permit granted under this section may be limited to a term set when the use permit is granted. The establishment, maintenance, or operation of any use under this section shall cease at the end of the term, if any, of the use permit. No use permit granted under this section may be renewed, but a new use permit may be granted upon terms and conditions appropriate at the time of such grant.

R.

After the decision by the board of supervisors, the Director of Resource Management shall mail or deliver to the applicant or his agent a copy of the executed resolution on the decision. A resolution by the board of supervisors approving a use permit application shall constitute the use permit and shall permit the applicant to engage in the use or undertake the activity described, provided any precedent conditions imposed pursuant to this section have first been met.

S.

No building permit or mobile home installation permit for which a use permit is required shall be issued until the board of supervisors has adopted a resolution approving the use permit application, provided any precedent conditions imposed pursuant to this section have first been met.

T.

The project applicant shall reimburse all County costs associated with reviewing an application for a High Voltage Electrical Transmission and Distribution Project. In addition, if the County is required to review a proposed transmission corridor zone pursuant to the provisions of Chapter 4.3 of Division 15 of the California Resources Code Section 25330 or other provisions of law, such costs shall also be reimbursed by the project applicant.

U.

Any use permit, including the term of the permit and conditions of approval, may be amended upon a showing of good cause by any interested party or by the board of supervisors on its own initiative. The provisions of subsections A through T of this section shall apply to any amendments proposed by an interested person. The provisions of subsections E through T of this section shall apply to any amendment initiated by the board of supervisors.

(Ord. No. 2010-03, § V, 8-3-2010)