Lincoln Municipal Code Ch. 18.36 Utilities, Fences and Accessories

The use regulations specified in the various districts in this title shall be subject to the general use regulations and exceptions in this chapter.

(Ord. 357B §4.02.000, 1979)

Subject to the provisions of Sections 18.36.021 through 19.36.025, public utility distribution and power-transmission lines and poles, and underground facilities for distribution of gas, water, communications, electricity and cable television, shall be allowed in all districts without limitations as to height or without obtaining a use permit therefor; providing, however, that all routes of proposed gas, water and electric-transmission lines shall be submitted to the city planning commission for its review and recommendation. Such recommendations shall be received prior to acquisition of rights-of-way.

(Ord. 480B §1, 1986: Ord. 357B §4.02.010, 1979)

It is the intent of Sections 18.36.021 through 18.36.025 to implement in a single procedure section 12888.5 of the California Public Utilities Code and sections 53891 and 53896 of the California Government Code which authorize the city to review and to approve or disapprove the location and construction of facilities for the transmission of electrical energy, operating at 100,000 volts or more, such as substations, transmission lines and poles, and accessory structures, by the public utilities. It is the purpose of this section to provide for these facilities in the city's communities in the most compatible and least obtrusive manner, while part of the city. The procedural rules set forth herein are designed to insure that sufficient information is provided in a timely manner to allow the city to make a reasonable and informed decision on applications submitted.

(Ord. 480B §2(part), 1986)

For purposes of Sections 18.36.023 through 18.36.025, the following definitions shall apply:

(1) "Direct impact" means interference with the use or enjoyment of a person's property, real or personal, such as visual impacts, noise impacts, and interference with antenna reception.

(2) "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.

(3) "High voltage transmission facilities" means electrical transmission lines, poles, accessory structures operated at the electrical potential of 100,000 volts or greater, and substations where at least one of the transmission lines connecting with the facility is operated at the electrical potential of 100,000 volts or greater.

(4) "Public utility" means a municipal utility district as defined by section 11501 et seq. of the Public Utilities Code of California, and including but not limited to the Sacramento Municipal Utility District ("SMUD").

(5) "Substation" means a facility which transforms electrical energy to a lesser voltage for the purposes of subregional or localized distribution, or which functions as a transition point from overhead to underground electrical transmission lines, or which acts as the point of convergence for two or more transmission lines.

(Ord. 480B §2(part), 1986)

(a) Location. High voltage transmission facilities may be located in any zone subject to the provisions of this section.

(b) Permit Required. A transmission facilities permit is required to construct and locate a high voltage transmission facility in any zone. Application for a transmission facility permit shall be filed with the planning department and shall be subject to a filing and investigation fee. Transmission line fees shall be the same as conditional use permit fees; substation fees shall be the same as rezoning fees.

(c) Information to Accompany Permit Application. An application for an environmental document prepared and certified pursuant to the California Environmental Quality Act, Public Resources Code section 21000 et seq., sufficient in detail to allow the planning commission and the city council to determine the exact nature and extent of the use. The application shall include, at a minimum, the following information:

(1) The expected electrical requirements, as determined by the public utility of the areas within the district which will be affected by the project;

(2) The locations and capacities of the high voltage transmission facilities proposed, together with a description of basic technical and design concepts that favor the selection of the chosen locations and a list of feasible alternative sites;

(3) An assessment of the type and magnitude of the direct impacts of the proposed project and of each alternative;

(4) Mitigation measures:

a. The measures to be implemented by the public utility to compensate for or mitigate the direct and indirect impacts of the project; and

b. Where any portion of a proposed project is adjacent to residentially zoned residentially used property or the Lincoln Airport, a discussion of feasible routing alternative.

5. Any other information the planning director deems necessary to allow the planning commission and city council to determine the exact nature and extent of the proposed project and any impacts of the project.

(d) Hearings.

(1) Within 30 days after an application for a transmission facilities permit is filed and accepted as complete, the planning commission shall hold a public hearing thereon. The procedural requirements for the hearing shall be governed by Chapter 18.92 of the Lincoln Municipal Code; provided, that said hearing may be initiated by the permit applicant.

(2) Mailed notice of the hearing shall be provided at least ten days prior to the hearing to the owners of all property within 400 feet of the property subject to the permit; provided, that if such mailed notice would result in notice to more than 250 persons, as an alternative to such mailed notice, notice may be given by placing an advertisement in a newspaper of general circulation within the area affected by the proposed facilities.

(3) The planning commission shall recommend approval, approval of an alternative, or disapproval of the permit and transmit said recommendation to the city council.

(4) Upon receipt of a recommendation on the permit from the planning commission, the city council shall set the matter for hearing and give notice thereof as provided in subsection 18.36.025(d)(2). The hearing shall be conducted within 60 days of the date the application and environmental document was filed and accepted as complete; and the city council shall adopt a resolution approving, approving an alternative, or disapproving the permit.

(e) Review Criteria and Findings. The planning commission and the city council shall evaluate applications for transmission facilities permits in accordance with intent and purpose statement contained in Section 18.36.021 and any applicable land use plans and policies adopted by the city council. Any decision of the city council on a transmission facilities permit application shall be based on findings concerning:

(1) The consistency of the proposed facilities with the city's general plan and applicable redevelopment and specific plans;

(2) Whether there are feasible alternatives to the proposal; and

(3) Such other factors related to the public health, safety, and welfare as are included within the policies set forth below for assessing transmission facilities permits.

(f) Policies. The city adopts the following policies for reviewing transmission facilities permit applications:

(1) To discourage within the city lattice towers along new transmission lines rights-of-way or along portions of existing right-of-way utilized for expansion of the transmission system.

(2) To incorporate into a project mitigation measures appropriate to the site of a particular project and each transmission line segment of a project whenever feasible, such as undergrounding or rerouting transmission lines to reduce economic impacts, visual impacts and antenna reception interference, reducing the number of poles or towers used for a project, using landscaping to screen or soften the visual impacts of projects, and incorporating sound attenuation measures into projects.

(3) To locate substations on other than local or collector streets.

(4) The following routing preferences are adopted:

a. Preference shall be given to the location of transmission lines in the rank order specified below:

1. Within existing public utility transmission rights-of-way or rights-of-way anticipated for other projects proposed pursuant to Sections 18.36.021 through 18.36.025.

2. Adjacent to railroads or adopted freeway routes.

3. Adjacent to or through existing or planned agricultural uses.

4. Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial.

b. Preference shall be given to the location of substations in the following rank order:

1. Areas designated for industrial or commercial land uses in an adopted plan.

2. Undeveloped areas designated for residential use in an adopted plan.

3. Areas designated agricultural-urban reserve in an adopted plan.

4. Sites designated for residential use in an adopted plan and surrounded by existing residential uses.

(Ord. 480B § 2(part), 1986)

Mobile homes, trailer coaches, camp cars, trailers or boats maintained on any lot, piece or parcel of land, other than a lawful commercial storage facility, mobile home park, trailer park or trailer court or compatible single-family lot as determined by Chapter 18.68, shall comply with the following conditions:

(1) The vehicle, trailer or boat shall not be maintained in any required front yard or side street yard. The vehicle or boat shall be located behind a six-foot-high wall, fence or adequate landscaped screen within the side or rear yard.

(2) The vehicle, trailer or boat shall be situated not closer than three feet to any main building.

(3) The vehicle, trailer or boat shall not be used for sleeping quarters nor shall any sanitary or cooking facilities be used therein.

(Ord. No. 1088B, § 9, 6-10-2025; Ord. 730B § 4, 2003; Ord. 389B § 1, 1981: Ord. 357B § 4.02.020, 1979)

Fences, hedges and walls may be erected in any district subject to the following conditions:

(1) Fences, hedges and walls not exceeding six feet in height may occupy any side, side street or rear yard area, provided:

a. That such fences, walls or hedges do not extend into any front yard;

b. That in the case of a corner lot, fences, walls and hedges may extend to within five feet of the side street yard property line along a side street or into the portion of the rear yard abutting the side street yard.

c. Fences, hedges and walls not exceeding four feet in height may occupy the front yard provided they obtain a city encroachment permit if so required by the city engineer.

(2) Fences or structures exceeding six feet in height, for the purpose of enclosing commercial or industrial uses, or tennis courts and similar uses, when located on the rear half of a lot, may be erected subject to the obtaining of a conditional use permit as provided in Chapter 18.56. Fences around electric substations or other public facilities may exceed six feet in height without securing a conditional use permit.

(Ord. No. 824B, § 1, 10-23-2007; Ord. 799B § 6, 2006; Ord. 685B § 1, 2000; Ord. 357B § 4.02.030, 1979)

(a) Where an accessory building is attached to the main building, it shall be made structurally a part of and have a common roof with the main building, and shall comply in all respects with the requirements of this title applicable to the main building. As defined in Section 18.36.060, an accessory structure located in any "R" district shall not be located within five feet of the side line of the lot or, in the case of a corner lot, within ten feet of the street side line.

(b) A garage, attached or detached, which has vehicle access onto an alley shall not be located within ten feet of any alley. A garage, attached or detached, which is located adjacent to an alley but has no vehicle access to the alley may be located no closer than five feet to the alley.

(c) Residential garage entrances opening onto a front or side street yard shall be located not less than 20 feet from the public street; provided that in the case of Hollywood drive from a side street yard (i.e., garage door is perpendicular to street), the minimum shall be ten feet from the public street.

(Ord. 799B § 7, 2006; Ord. 717B § 1, 2002: Ord. 498B § 1, 1987; Ord. 456B § 2, 1984; Ord. 357B § 4.02.040, 1979)

Accessory uses are defined as uses incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which do not alter the principal use of the lot or building or adversely affect other properties in the district. Such accessory uses are authorized in any district subject to the definitions set forth above.

(Ord. 357B § 4.02.050, 1979)

(a) Swimming pools in any "R" residential district shall be constructed only on the rear one-half of the lot or 50 feet from the front property line, whichever is less; such pools shall not be located closer than three feet from the rear lot line, not closer than three feet from any side lot line, nor closer than ten feet from any side street yard lot line. If an easement exists, it shall not be encroached upon.

(b) Filter and heating systems for any pool shall not be located closer than five feet from any property line.

(c) No pool shall occupy over 50 percent of the required rear yard of any multiple dwelling or dwelling group. Coverage by a swimming pool shall not be considered in measuring maximum lot coverage.

(Ord. 494B § 1, 1987: Ord. 357B § 4.02.060, 1979)