Article V — High Voltage Transmission Facilities

It is the intent of this article to implement with a single procedure section 12808.5 of the California Public Utilities Code and sections 53091 and 53096 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 Sacramento Municipal Utility District. It is the purpose of this article to provide for these facilities in the city in the most compatible and least obtrusive manner, while insuring that electrical energy is made available to every part of the city. The procedural rules in this article 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. The provisions of this article shall not be construed as to interfere with the use of property in any zone for public underground and aerial transmission or supply lines or transmission structures required to provide a service to the immediate area, provided that such lines and structures do not carry 100,000 volts, or more, of electricity. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

As used in this article,

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

"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.

"High voltage transmission facility." See definition in section 17.108.090.

"SMUD" means the Sacramento Municipal Utility District.

"Substation" means a facility that transforms electrical energy to a lesser voltage for the purposes of sub-regional or localized distribution, or that functions as a transition point from overhead to underground electrical transmission lines, or that acts as the point of convergence for two or more transmission lines. (Ord. 2013-0020 § 1; Ord. 20130007 § 1)

A. Permits required. A transmission facilities permit approved by the city council is required to construct and locate a high voltage transmission facility. A transmission facilities permit is a discretionary permit and is not the right of the applicant. Application for a transmission facilities permit is subject to chapter 17.800. The fee for a transmission line is the same as a conditional use permit fee, and the fee for a substation is the same as a rezoning fee.

B. Information to accompany permit application. An application for a transmission facilities permit shall be accompanied by plans and the environmental document prepared and approved by the lead agency pursuant to the California Environmental Quality Act, sufficient in detail to allow the planning and design commission and the city council to determine the exact nature and extent of the use. The application shall include the following information:

1. The expected electrical requirements, as determined by SMUD, of the areas within the district that 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 SMUD to compensate for or mitigate the direct impacts of the project; and

b. Where any portion of a proposed project is adjacent to residentially zoned or residentially-used property, a discussion of feasible routing alternatives; and

5. Any other information the planning director deems necessary to allow the planning and design commission and city council to determine the exact nature and extent of the proposed project and its direct impacts. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Commission level-Recommendation.

1. A transmission facilities permit application shall be reviewed by the planning and design commission. The commission shall conduct its hearing on the application within 30 days after the application is filed and accepted as complete. Notice of the hearing shall be given as provided in section 17.812.030, except as follows:

• a. Notice shall be given by mail or personal delivery to the owners of property within 500 feet of the property subject to the permit; and

b. If the number of owners to whom notice would be mailed or delivered would be greater than 250, then in lieu of mailed or personally delivered notice, notice may be given by placing a display advertisement of at least one-eighth page in the official newspaper of the city or another newspaper of general circulation within the city reasonably calculated to provide effective notice to the public, at least 10 days prior to the hearing.

2. At the conclusion of the hearing, the commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken on each motion on the application.

B. Council level. A transmission facilities permit application shall be reviewed by the city council upon receipt of the recommendation or report from the planning and design commission. The city council shall conduct its hearing within 60 days of the date the application is filed and accepted as complete. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The planning and design commission and the city council shall evaluate an application for a transmission facilities permit in accordance with the intent and purpose statement contained in section 17.228.500 and any applicable land use plans and policies adopted by the city council. The city council's decision shall be based on findings concerning:

A. The consistency of the proposed facilities with the city's general plan and applicable redevelopment and specific plans;

• B. Whether there are feasible alternatives to the proposal; and

C. Such other factors related to the public health, safety, and welfare as are included within the policies set forth in section 17.228.550. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

The policies listed in this section apply to the review of a transmission facilities permit application.

• A. Lattice towers along new transmission lines right-of-way or along portions of existing right-of-way utilized for expansion of the transmission system are discouraged.

B. Projects shall incorporate 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 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 sound attenuation measures.

• C. Substations shall be on other than local or collector streets.

• D. Preference shall be given to the location of transmission lines in the following rank order:

1. Within existing SMUD transmission rights-of-way or rights-of-way anticipated for other projects proposed pursuant to this section.

2. Adjacent to railroads or adopted freeway routes.

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

4. Adjacent to or through existing or planned commercial, industrial, or agricultural uses.

5. Along arterial streets where residential uses designated in an adopted plan are R-2 or greater density.

6. Through areas where land uses in an adopted plan are predominantly commercial, but include residential uses.

7. Through residential areas, including side and rear yards, irrespective of density.

• E. 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. 20130020 § 1; Ord. 2013-0007 § 1)