Section 12808.5 Of Article 5. Utility Works And Service From California Public Utilities Code >> Division 6. >> Chapter 6. >> Article 5.
12808.5
. (a) Notwithstanding Sections 53091 and 65402 of the
Government Code, Section 12808 of the Public Utilities Code and
Section 1469 of the Streets and Highways Code or any other provision
of law, no district may locate or construct, any lines, for the
transmission or distribution of electrical energy, including poles
and other accessory structures, unless such facilities are approved
pursuant to this section.
(b) The district shall hold a public hearing on proposed
facilities which are subject to this section.
(1) Mailed notice of the public hearing shall be provided at least
10 days prior to the hearing, to the owners of all property within
300 feet of the route along which such facilities are proposed to be
located.
(2) If mailed notice as required in paragraph (1) above would
result in notice to more than 250 persons, as an alternative to such
mailed notice, notice may be given by placing a display advertisement
of at least one-fourth page in a newspaper of general circulation
within the area affected by the proposed facility.
(c) After holding a hearing as provided in subdivision (b), the
district shall submit any proposed facilities to the legislative body
of each local agency in which such facilities are to be located. The
legislative bodies shall conduct a public hearing, receive evidence,
and, within 60 days, adopt a resolution approving, approving an
alternative, or disapproving, the proposed facilities.
Any resolution adopted pursuant to this subdivision shall contain
findings concerning:
(1) The consistency of the proposed facilities with the local
agency's general plan and applicable redevelopment and specific
plans.
(2) Whether there are feasible alternatives to the proposal.
(3) Such other factors related to the public health, safety and
welfare as are included within the ordinance adopted by the local
agency pursuant to subdivision (e) of this section.
Failure of a legislative body to render a decision within 60 days
shall be deemed to constitute an approval of the proposed facilities.
(d) Notwithstanding the provisions of subdivision (c), the
governing board of the district by vote of four-fifths of its members
may render a local agency's decision inapplicable to proposed
facilities if the district, at a publicly noticed hearing, determines
by resolution that there is no feasible alternative to the district'
s proposal. Prior to adopting the resolution, the district shall read
into the record the local agency's resolution. The board shall,
within 10 days, notify the city or county concerned of such action.
If the governing board has taken such action the local agency may
commence an action in the superior court of the county whose action
is involved or in which is situated the city whose action is
involved, seeking a review of such action of the governing board of
the district to determine whether it was supported by substantial
evidence. The evidence before the court shall include, but not be
limited to, the record of the proceedings before the city, county,
and local agency. The city or county shall cause a copy of the
complaint to be served on the board. If the court determines that
such action was not supported by substantial evidence, it shall
declare it to be of no force and effect, and the local agency's
decision shall be applicable to the proposed facilities.
(e) This section shall not apply to:
(1) Any facilities proposed to be located within any local agency
which has not adopted an ordinance setting forth criteria to govern
its decision pursuant to subdivision (c) of this section.
(2) Any electrical distribution lines of less than 100,000 volts.
(f) As used in this section, 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.
(g) As used in this section, "local agency" means a city, a city
and county, or a county. Within cities this section shall not apply
to counties.