(a) Definitions.
Major electrical transmission and distribution project
“Major electrical transmission and distribution project” shall mean a project that includes a network of transmission lines and related towers and similar facilities with a capacity to convey two hundred (200) kilovolts (kV) or greater. It shall also include any project that proposes the designation of a transmission corridor zone to accommodate such facilities.
(b) Application required. At a minimum, each application for a major use permit for a major electrical transmission and distribution project shall include the following:
(1) A completed application form and filing fee.
(2) A description of a reasonable range of alternatives to the proposed project, including alternatives that use or expand existing rights-of-way and existing infrastructure.
(3) All application materials (maps, site plans, etc.) necessary to illustrate the proposed location of the proposed facilities and all alternative locations, together with all other materials required for a conditional use permit application pursuant to Section 8-2.217 of this chapter, as described on application forms provided by the Planning Division.
(4) A photo simulation of the proposed project and each alternative from at least six (6) locations along its route in the County. Each location shall include simulated views of project facilities from four (4) directions (north, south, east, and west).
(5) A narrative explanation of the route of the proposed project and each alternative, together with a discussion of any alternative locations and project alternatives considered by the applicant but not formally included for County consideration.
(6) For the proposed project and each alternative, all of the following:
(i) Estimated cost, including construction, land acquisition, and other development costs;
(ii) A description of the type of vegetation and soils that would be removed or impacted by construction;
(iii) A map showing the number, types, uses, and distances of buildings, public and private airports, dedicated open space, and parklands located within a one-thousand (1,000) foot distance of project infrastructure;
(iv) 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;
(v) 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
(vi) An analysis of potential economic impacts on agriculture and related support industries. The Director 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.
(c) Coordination and documentation. Within thirty (30) days of filing an application for a major use permit in connection with a major electrical transmission and distribution project, the applicant shall provide the County with copies of all applications for State, Federal, and other permits and licenses in connection with the proposed project. Promptly following the issuance of any State or Federal permits 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 County.
(d) Public outreach. For all major electrical transmission and distribution projects that traverse a significant portion of the County, and whose impacts are not likely to be isolated to a small geographic area, the Director 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 Director and the applicant shall, if requested by the Director, develop a mutually acceptable public outreach program 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) Deciding authority. The Deciding Authority for a major electrical transmission and distribution project application shall be the Board of Supervisors. The Planning Commission shall review the project application and any other relevant documents, hold at least one (1) noticed public hearing, and make a recommendation to the Board of Supervisors thereon. Upon receiving this recommendation, the Board of Supervisors shall consider the application at a noticed public hearing, taking into account the criteria set forth in Subsection (f), below.
(f) Review criteria. The purpose of this section is to establish use permit criteria for major electrical power distribution and transmission projects in the unincorporated area of the County, and shall apply to all such projects that require a use permit. A use permit for such projects may only be approved if all of the following findings are made based on substantial evidence in the record:
(1) The proposed project is consistent with any applicable policies in the General Plan and any applicable specific plan(s), as well as the Yolo Natural Heritage Program (HCP/NCCP) upon its adoption;
(2) There is a demonstrated need for the proposed project;
(3) To the greatest feasible (as that term is defined in Public Utilities Code Section 12808.5) extent, the project utilizes existing infrastructure and rights-of-way or, alternatively, expands existing rights-of-way, in that order of preference;
(4) There are no feasible alternatives that are superior to the proposed project, taking into consideration and balancing the considerations set forth in this section;
(5) The proposed project would not have adverse human health effects, particularly with respect to individuals present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project;
(6) To the greatest feasible extent, the proposed project does not have a significant adverse effect on the environment, agriculture, existing land uses and activities, areas with significant scenic qualities, or other relevant considerations of public health, safety, or welfare;
(7) To the greatest feasible extent, the proposed project avoids lands preserved by the County for public park purposes;
(8) To the greatest feasible extent, the proposed project avoids lands preserved by a conservation easement or similar deed restriction for agricultural, habitat, or other purposes. The Board of Supervisors may waive this requirement if the applicant provides documentation that the project does not conflict with the conservation easement or deed restriction, or that the conservation easement or deed restriction will be amended or extinguished prior to implementation of the project. If the conservation easement or deed restriction was provided as mitigation for the impacts of a prior development project, however, it shall only be amended or extinguished if adequate substitute mitigation is provided by the applicant;
(9) The proposed project complies with all laws, regulations, and rules regarding airport safety conditions and similar matters, and would not require a significant change in the operations of a public or private airport in the County, create an undue hazard for aircraft, or substantially hinder aerial spraying operations;
(10) To the greatest feasible extent, operation of the proposed project would not create conditions that unduly reduce or interfere with public or private television, radio, telemetry, or other electromagnetic communications signals; and
(11) The applicant has agreed to conduct all roadwork and other site development work in compliance with all laws, regulations, and rules relating to dust control, air quality, erosion, and sediment control, as well as any permits issued pursuant thereto.
(g) Scope. The requirements of this section shall apply to all major electrical power transmission and distribution projects that have not received all required Federal, State, and local agency approvals prior to the effective date of this ordinance.
(h) Costs. The project applicant shall reimburse all County costs associated with reviewing an application for a major electrical power transmission and distribution project. In addition, if the County is required to review a proposed transmission corridor zone pursuant to California Government Code Section 25334 or other provisions of law, such costs shall also be reimbursed by the project applicant.
(Ord. 1445, eff. August 14, 2014; as amended by § 13, Ord. 1466, eff. March 24, 2016)