Use permits, which may be revocable, conditional or valid for a term period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of the zoning code. Guarantees to insure compliance with the terms and conditions may be required by the commission.

(Ord. 1228 §2(Ch. 48, Art. 1), 1983)

A.

It is the intent of this section to provide a single procedure for review and regulation of high voltage electrical facilities in accordance with Public Utilities Code Section 12808.5 and Government Code Section 53091. This section shall also apply to high voltage electrical facilities not subject to Public Utilities Code Section 12808.5 or Government Code Section 53091, to the maximum extent permitted by law. In some cases, state and federal laws may regulate certain types or characteristics of such facilities, or the procedure for review and regulation of such facilities. This section shall be construed to provide the county with the maximum authority consistent with such other laws.

B.

Notwithstanding any other provision of this title, high voltage electrical facilities may be permitted in any district only upon securing a use permit pursuant to this section.

C.

In addition to the information required under Section 17.70.020, an application for a use permit for a high voltage electrical facility 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.

3.

All application materials (maps, site plans, etc.) necessary to illustrate the proposed capacity and location of the proposed facilities and all alternative locations.

4.

A photo simulation of the proposed facilities 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.

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-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 of planning 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.

7.

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.

8.

Any other information or documentation specified by the director of planning.

D.

For any high voltage electrical facility that traverses a significant portion of the county, as determined by the director of planning, the director of planning 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, as determined by the director of planning. Such meetings shall be in addition to any hearings on the permit application held by the planning commission or the board of supervisors. The applicant shall, if requested by the director of planning, develop a public outreach program that includes such meeting(s) and any similar public outreach efforts to be undertaken by the applicant, subject to approval by the director of planning. If any portion of the proposed project is located within a city's sphere of influence, the director of planning may require that the outreach program also include one or more meetings in that city.

E.

Notwithstanding any other provision of this title, a use permit for a high voltage electrical facility may be granted only by the board of supervisors. The planning commission shall review the project application and any other relevant documents, hold at least one 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) of this section. At the conclusion of the hearing, the board shall adopt a resolution approving, approving an alternative, or disapproving, the proposed high voltage electrical facility.

F.

A use permit for a high voltage electrical facility 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);

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.

12.

Each of the findings set forth in Section 17.70.040.

G.

The board of supervisors may prescribe fees for the review and consideration of proposed use permits for a high voltage electrical facilities. If no particular fee is established for such use permits, the applicant shall pay the fees prescribed for ordinary use permits under Section 17.70.020.

(Ord. No. 1953, § 4, 11-23-2010)

Application for a use permit shall be filed with the planning commission on a form prescribed by the commission together with:

A.

A filing fee, prescribed by resolution of the board of supervisors, payable to the county and delivered to the planning commission;

B.

Dimensioned plans and elevations sufficient to show clearly details of the proposed use or building;

C.

The appropriate environmental impact review documentation as required by the county's CEQA guidelines; and

D.

A list of the names and addresses of all persons having an interest in the application and all persons with an ownership interest in the property involved.

(Ord. 1683 §2(part), 1997; Ord. 1228 §2(Ch. 48, Art. 2), 1983)

Editor's note— Ord. No. 2113 , § 5, adopted November 16, 2021, repealed § 17.70.025, which pertained to communication facilities application and fee, and derived from Ord. 1725, § 1, adopted in 2000.

Upon receipt of a properly filed application for a use permit, the secretary of the planning commission shall cause notice of public hearing thereon be given at least ten calendar days before the hearing by either:

A.

Prepaid United States mail notices to owners of property adjoining that of the applicant, using addresses from the last equalized assessment roll; or

B.

By both publishing said notice one time in a newspaper of general circulation, published and circulated in the county, and by posting said notice in at least two conspicuous places on and/or close to the property affected.

C.

In addition to subsections A and B of this section, for new communication facilities the notice requirements for facilities proposed require written notice, in a manner approved by the planning director, to be given to owners of parcels located within a minimum radius of two thousand five hundred feet of the parcel on which the proposed facility will be located.

(Ord. 1725 §2, 2000; Ord. 1228 §2(Ch. 48, Art. 3), 1983)

The planning commission shall grant a use permit only if, from the facts presented with the application or at the public hearing or as determined by investigation, the following conditions have been found:

A.

That the location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings or structures, with consideration given to harmony in scale, bulk, coverage, and density; to the availability of civic facilities and utilities; to the harmful effect, if any, upon desirable neighborhood character; to the generation of traffic and the capacity and physical character of surrounding streets; and to any other relevant impact of the proposed use;

B.

That the impacts, as described in subsection B of Section 17.70.040, and the location of the proposed use are consistent with the county general plan;

C.

That the proposed use at its proposed location will provide a service or facility which will contribute to the general well-being of the surrounding neighborhood or community.

(Ord. 1228 §2(Ch. 48, Art. 4), 1983)

A.

In any case where the conditions to the granting of a use permit have not been or are not being complied with, the planning commission shall give notice to the permittee of intention to revoke such permit and shall give notice of a public hearing to be held on the matter as provided in Section 17.70.030.

B.

In any case where a use permit has not been used within one year after the date of granting thereof, then, without further action by the planning commission, the use permit granted shall be null and void.

C.

In any case where an active use permit has been abandoned for a period of six months, the use permit shall be deemed null and void.

D.

All use permits are subject to review by the county at any time and subject to additional conditioning when deemed necessary.

E.

Notwithstanding subsection C of this section, all communication facilities that are not in use for a period of twelve continuous months shall be considered abandoned. Abandoned facilities are hereby designated as unlawful and as public nuisances, requiring no amortization period. Prior to issuance of the building permit for the installation of every facility, the applicant shall post a performance security in an amount and form determined by the planning director that is sufficient to cover the cost of removal of the facility in the event that such facility is abandoned, or if the permit has been terminated for violation of its conditions by the county after hearing. If the planning director determines that the facility is abandoned, the applicant may be required to remove all equipment belonging to the applicant from the premises within thirty calendar days of receipt of notice to abate. If such facility is not removed within thirty days, the county may remove the facility at the applicant's and/or land owner's joint and several expense.

(Ord. 1725 §3, 2000: Ord. 1228 §2(Ch. 48, Art. 5), 1983)

A.

Appeal from any findings or action of the planning commission on a use permit application may be made in writing to the board within ten days of such action.

B.

Following a public hearing, notice of which shall be given in the manner provided in Section 17.70.030, the board may confirm, modify or reverse the action of the planning commission, basing such action on findings as provided in Section 17.70.040.

(Ord. 1228 §2(Ch. 48, Art. 6), 1983)