§ 8107-45

c.

Making Wireless Communication Facilities Compatible with the Existing Setting: To the extent feasible, all wireless communication facilities shall be located and designed to be compatible with the existing setting as follows:

(1)

Location: Facilities shall be located in areas where existing topography, vegetation, buildings, or structures effectively screen and/or camouflage the proposed facility; and

(2)

Facility Design: The facility shall be designed (i.e., size, shape, color, and materials) to blend in with the existing topography, vegetation, buildings, and structures on the project site as well as its existing setting.

d.

Preferred Wireless Communication Facility Locations: To the extent feasible, and in the following order of priority, new wireless communication facilities shall be sited in the following locations:

(1)

On an existing wireless communication facility with adequate height and structure to accommodate additional wireless communication facilities (see Section 8107-45.6).

(2)

Flush-mounted on an existing structure, pole, or building in the AE and OS zones.

(3)

Where the wireless communication facility is not prominently visible from a public viewpoint.

(4)

Within an area zoned Industrial.

(5)

Near existing public or private access roads.

(6)

On or near the same site as an existing wireless communication facility when visual or other environmental impacts can be mitigated to a level of less than significant under CEQA and when such "clustering" of facilities is consistent with the applicable Area Plan.

e.

Non-Preferred Wireless Communication Facility Locations: To the extent feasible, wireless communication facilities should not be sited in the following locations:

(1)

Within an area zoned Urban Residential.

(2)

Silhouetted on the top of ridgelines on land designated as Open Space under the General Plan when prominently visible from public viewpoints.

(3)

On a structure, site or in a district designated as a local, state, or federal historical landmark (see Section 8107-45.4(j)).

(4)

Within an area zoned Scenic Resource Protection Overlay (see Section 8107-45.4(m)).

(5)

Within environmentally sensitive areas (see Section 8107-45.4(k)).

f.

Height:

(1)

How to Measure: Unless otherwise indicated in this Section 8107-45.4, the height of a wireless communication facility shall be measured as follows:

• A ground-mounted facility shall be measured from the grade to the highest point of the antenna or any equipment, whichever is highest.

• A structure-mounted facility shall be measured from the averaged grade to the highest point of the antenna or any equipment, whichever is highest. (See Section 8106-1.3.2 for the "averaged grade" calculation.)

(2)

Minimizing Visual Impacts: The height of a wireless communication facility shall be limited to what is necessary to provide adequate service or coverage.

(3)

Building-Concealed Facilities:

(a)

For building-concealed wireless communication facilities, height is measured as the vertical distance from the flat grade or averaged grade, as applicable, to the highest point of the existing or newly created architectural facade or feature where the antenna is concealed.

(b)

Building-concealed wireless communication facilities shall not exceed the maximum height limits of the zone in which the building is located (see Section 8106-7 for exceptions). An existing building that exceeds the maximum height limit may be used to conceal a wireless communication facility if an increase in allowable height of the building was granted by a previously approved discretionary permit, and the building dimensions would not increase by adding the wireless communication facility.

(4)

Stealth Facilities:

Stealth facilities shall meet the definition in Section 8102-0 and the applicable height limits prescribed in Section 8107-45.4.

(a)

The maximum allowable height of a faux structure shall be the height limits in Table 1 below, or the average height of representative structures commonly found in the local setting, whichever is less.

Table 1 (Sec. 8107-45.4(f)(4)) Maximum Height of Faux Structures

Type of Structure Maximum Height

Faux Water Tank 50 feet

Faux Windmill 45 feet

Faux Flag Pole 50 feet

Faux Light Pole 30 feet*

* Not applicable in the public right-of-way, see VCOC Sec. 12800.

(b)

Faux trees shall maintain a natural appearance and may not exceed the height of nearby natural trees (see i, ii, and iii below). A faux tree located among existing natural trees should not be obviously taller than the other trees. Smaller, natural trees may also be planted around the faux tree to mask its height from public viewpoints. The maximum allowable height of a faux tree shall be as follows:

i.

No Nearby Trees: Maximum heights in Table 2 apply if there are no trees within a 150-foot radius of the faux tree. (Also see the tree planting height requirement in Section 8107-45(i)(4).)

Table 2 (Sec. 8107-45.4(f)(4)) Maximum Height of Faux Trees1 [5]

Type of Structure Maximum Height

Mono-Broadleafs 60 feet

Mono-Elm 60 feet

Mono-Eucalyptus 80 feet

Mono-Palm 65 feet

Mono-Pine 80 feet

ii.

Tree Canopy: The maximum height of a faux tree located within, or adjacent to, a tree canopy may extend up to fifteen (15) feet above the maximum height of the existing tree canopy when both of the following criteria are met:

• The applicant demonstrates to the satisfaction of the Planning Division that a lower faux tree height would result in obstructed coverage of the proposed facility due to the existing tree canopy; and

• The median tree height of the canopy is at least thirty (30) feet high, and the nearest tree in the canopy is located within one hundred (150) feet of the faux tree; and the faux tree is sited behind the canopy relative to public viewpoints.

iii.

Surrounding Trees (Non-canopy): A faux tree may extend up to five (5) feet above the maximum height of trees within a 150-foot radius. The maximum height of surrounding trees should be measured using existing tree heights, unless a certified arborist estimates average growth after five (5) years, which may be added to existing height measurements.

(c)

A stealth facility that exceeds eighty (80) feet in height shall be considered a non-stealth facility for entitlement processing under Section 8107-45. However, stealth design features may be included in the wireless communication facility to blend the facility with the surrounding environment.

(d)

Roof-mounted wireless communication facilities shall not exceed the maximum height limits of the zone in which the building is located by more than six (6) feet.

(e)

Flush-mounted wireless communication facilities shall not extend above the building height. If mounted on a structure other than a building, such as a light pole or utility pole, the antenna shall not extend more than five (5) feet above the structure.

(f)

No stealth facility shall exceed the maximum height stated in an applicable Area Plan.

(5)

Non-Stealth Facilities:

(a)

Notwithstanding subparts (b) and (c) below, in no event shall a non-stealth facility exceed the maximum height stated in the applicable Area Plan.

(b)

Unless a greater height limit is approved in accordance with subsection (c) below, non-stealth facilities shall not exceed fifty (50) feet in height.

(c)

When the Planning Commission (or the Board of Supervisors, upon appeal) is the assigned decision-making authority for a proposed wireless communication facility entitlement pursuant to Section 8105-4 or Section 8105-5, a non-stealth facility may be approved if one (1) or more of the following findings are made:

i.

The greater height results in the same or reduced visual and environmental impacts when compared to the standard applicable height limits: or

ii.

The applicant demonstrates that the minimum height required for adequate service, coverage, or capacity area cannot be achieved with one (1) or more shorter facilities; or

iii.

The greater height is necessary for the provision of public safety (see Section 8107-45.2.4).

g.

Setbacks:

(1)

All wireless communication facilities shall comply with the required minimum front, side, and rear yard setbacks for the zone in which the site is located. No portion of an antenna array shall extend beyond the property lines.

(2)

Ground-mounted wireless communication facilities shall be set back a distance equal to the total facility height or fifty (50) feet, whichever is greater, from any offsite dwelling unit.

(3)

Whenever feasible, a new ground-mounted wireless communication facility shall be set back from the property line to avoid creating the need for fuel clearance on adjacent properties.

h.

Retention of Concealment Elements: No modification to an existing wireless communication facility shall defeat concealment elements of the permitted facility. Concealment elements are defeated if any of the following occur:

(1)

A stealth facility is modified to such a degree that it results in a non-stealth facility; or

(2)

The stealth facility no longer meets the applicable development standards for stealth facilities in Section 8107-45.4; or

(3)

Equipment and antennas are no longer concealed by the permitted stealth design features; or

(4)

Proposed modifications to a stealth facility, designed to represent a commonly found element in the environment or community (such as a tree, rock, or building), result in a facility that no longer resembles the commonly found element due to its modified height, size, or design.

i.

Standards for Specific Types of Stealth Facilities:

(1)

Building-Concealed Facilities:

(a)

Height shall not exceed the maximum height limits established in Section 8107-45.4(f)(3).

(b)

Width shall not increase building width, or create building features that protrude beyond the exterior walls of the building.

(c)

Building additions shall be limited to the area/volume required for the wireless technology and shall not increase habitable floor area, include general storage area, or provide any use other than wireless technology concealment.

(2)

Roof-Mounted Facilities:

(a)

Shall be hidden by an existing or newly created building or architectural feature, or shall be concealed from public viewpoints using architectural features, screening devices, or by siting the facility so that it is concealed from offsite viewpoints.

(b)

Shall not exceed the maximum height limits for roof-mounted facilities stated in Section 8107-45.4(f)(4)(d).

(c)

Shall be compatible with the architectural style, color, texture, façade design, and materials and shall be proportional to the scale and size of the building. Newly created architectural features or wireless equipment shall not protrude beyond the exterior walls of the building.

(3)

Flush-Mounted Facilities:

A wireless communication facility may be flush-mounted on a building or other structure pursuant to the following standards, and provided that associated equipment is located in manner consistent with the definition for flush-mounted antenna in Section 8102-0:

(a)

Flush-mounted wireless communication facilities shall be designed as a stealth facility and shall be compatible with the architectural style, color, texture, façade, and materials of the structure. Panel antennas shall not interrupt architectural lines of building façades, including the length and width of the portion of the façade on which it is mounted. Mounting brackets, pipes, and coaxial cable shall be screened from view.

(b)

Shall not exceed the maximum height limits for flush-mounted wireless communication facilities stated in Section 8107-45.4(f)(4)(e).

(c)

Any flush-mounted wireless communication facility attached to a light pole or a utility pole must exhibit the same or improved appearance than existing local light poles or utility poles.

(d)

Flush-mounted wireless communication facilities should be attached to a vertical surface except they may be mounted atop a light pole or a utility pole when flush-mounting is infeasible. Panel antennas shall be mounted no more than eighteen (18) inches from building surfaces or poles and shall appear as an integral part of the structure. They may be mounted a further distance than eighteen (18) inches on lattice towers and other industrial structures.

(4)

Faux Trees:

(a)

Shall incorporate a sufficient amount of "architectural branches" (including density and vertical height) and design material so that the structure is as natural in appearance as technically feasible.

(b)

Shall be the same type of tree or a tree type that is compatible (i.e., similar in color, height, shape, etc.) with existing trees in the surrounding area (i.e., within approximately a one hundred fifty (150) foot radius of the proposed facility location). If there are no existing trees within the surrounding area, the vicinity of the facility shall be landscaped with newly planted trees. The trees should be compatible with the faux tree design, and be of a type and size that would be expected to reach seventy-five (75) percent of the faux tree's height within five (5) years. (Also see Section 8107-45.4(q) for additional information on landscaping.)

(c)

Shall not exceed the maximum height limits established for faux trees stated in Section 8107-45.4(f)(4)(b).

(d)

Shall include antennas and antenna support structures colored to match the components (i.e., branches and leaves) of the proposed artificial tree.

(e)

New trees required as part of a landscape plan for a faux tree shall be a minimum size of 36-inch box to help ensure survival of the tree. Palm trees shall have a minimum brown trunk height of sixteen (16) feet.

(5)

Monorocks:

(a)

Shall only be located in areas with existing, natural rock outcroppings.

(b)

Shall match the color, texture, and scale of rock outcroppings adjacent to the proposed project site.

(6)

Other Faux Stealth Facilities:

(a)

Faux structure types, including but not limited to water tanks, flag poles, windmills, and light poles, may be used as a stealth facility when that type of structure is commonly found within the local setting of the wireless communication facility.

(b)

Faux structures shall not exceed the maximum height limits established in Section 8107-45.4(f)(4)(a).

(c)

Faux light poles shall be designed to function as a light pole, and match the design and height of existing light poles on the proposed site, provided that they do not exceed the height listed in Table 1 (Section 8107-45.4(f)(4)(a)). This standard is not applicable to light poles within the public right-of-way.

j.

Historical Landmarks/Sites of Merit: A wireless communication facility shall not be constructed, placed, or installed on a structure, site or district designated by a federal, state, or County agency as an historical landmark or site of merit unless that facility is designed to meet the Secretary of the Interior (SOI) Standards. If the facility does not meet the SOI standards, then the Cultural Heritage Board must determine that the proposed facility will have no significant, adverse effect on the historical resource.

k.

Environmentally Sensitive Areas:

(1)

All wireless communication facilities and their accessory equipment shall be sited and designed to avoid or minimize impacts to habitat for special status species, sensitive plant communities, migratory birds, waters and wetlands, riparian habitat, and other environmentally sensitive areas as determined by the County's Initial Study Assessment Guidelines.

(2)

Wireless communication facilities that are higher than two hundred (200) feet and are required by the Federal Aviation Administration (FAA) to include lighting for aviation safety, should use the minimum amount of pilot warning and obstruction avoidance lighting to minimize impacts to migratory birds.

(3)

Wireless communication facilities that are located in known raptor, California Condor, or waterbird concentration areas or daily movement routes, or in major diurnal migratory bird movement routes or stopover sites, should have daytime visual markers on guy wires to prevent collisions by birds.

l.

Ridgelines:

(1)

A wireless communication facility shall not be sited on a ridgeline or hilltop that is prominently visible from a public viewpoint when alternative sites are available. Applicants shall demonstrate that no feasible, alternative locations are available when proposing a wireless communication facility on a ridgeline or shall demonstrate that alternative locations result in significant environmental impacts when compared to the proposed ridgeline location.

(2)

Facilities sited on a ridgeline or hillside shall blend with the surrounding natural and man-made environment to the maximum extent possible. Blending techniques that should be utilized include the use of non-reflective materials, paint, or enamel to blend exterior surfaces with background color(s); the placement of facilities behind earth berms or existing vegetation; siting of associated equipment below ridgelines, and the use of small stealth facilities (such as slim line poles or whip antennas) that blend in with the surrounding vegetation.

m.

Scenic Resource Protection Overlay Zone: With the exception of public safety described in Section 8107-45.2.4, a wireless communication facility shall not be prominently visible from a public viewpoint, and shall be designed as a stealth facility, when

located within a Scenic Resource Protection Overlay Zone.

n.

Accessory Equipment: All accessory equipment associated with the operation of a wireless communication facility shall be located and screened to prevent the facility from being prominently visible from a public viewpoint to the maximum extent feasible.

o.

Colors and Materials: All wireless communication facilities shall use materials and colors that blend in with the natural or man-made surroundings. Highly reflective materials are prohibited.

p.

Noise: All wireless communication facilities shall be operated and maintained to comply at all times with the noise standards outlined in Section 2.16 of the Ventura County General Plan Goals, Policies, and Programs.

q.

Landscaping and Screening: The permittee shall plant, irrigate and maintain additional landscaping, during the life of the permit when landscaping is deemed necessary to screen the wireless communication facility from being prominently visible from a public viewpoint. New landscaping shall not incorporate any invasive or watch species, as defined by the California Invasive Plant Council and shall be in conformance with Section 8106-8.2.5.

r.

Security:

(1)

Each facility shall be designed to prevent unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations or visual blight. The approving authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism.

(2)

All fences shall be constructed of materials and colors that blend in with the existing setting. The use of a chain link fence is prohibited within areas designated as Urban and Existing Community in the General Plan, and areas that are prominently visible from a public viewpoint, unless the chain link fence is fully screened.

s.

Lighting:

(1)

No facility may be illuminated unless specifically required by the FAA or other government agency.

(2)

Any necessary security lighting shall be down-shielded and controlled to minimize glare or light levels directed at adjacent properties and to minimize impacts to wildlife.

t.

Signage: A permanent, weather-proof identification sign, subject to Planning Director approval, shall be displayed in a prominent location such as on the gate or fence surrounding the wireless communication facility or directly on the facility. The sign must identify the facility operator(s) and type of use, provide the operator's address, FCC-adopted standards, and specify a 24-hour telephone number at which the operator can be reached during an emergency.

u.

Access Roads:

(1)

Where feasible, wireless communication facility sites shall be accessed by existing public or private access roads and easements.

(2)

Wireless communication facility sites shall minimize the construction of new access roads, particularly when such roads are located in areas with steep slopes, agricultural resources, or biological resources as determined by the County's Initial Study Assessment Guidelines. When required, new access roads shall be designed to meet standards established by the Ventura County Public Works Agency and Ventura County Fire Protection District.

(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4577 § 3, 3-9-2021)

Footnotes: --- (5) ---

The maximum height limits for faux trees are based on the height of a mature tree for each tree type, as established by the U. S. Department of Agriculture, Natural Resources Conservation Service's plants database. The following tree species were used to identify the maximum height limits for each faux tree: Acer negundo (Box elder), Ulmus parvifolia (Chinese Elm), Eucalyptus globulus (Tasmanian Bluegum), Washingtonia filifera (California fan palm), and Pinus sabiniana (Foothill Pine).

8107-45.5 - Compliance with federal, state and local law and regulations.

Wireless communication facilities shall comply with all current applicable federal, state and local law, all standards and regulations of the FCC, and all standards and regulations of any other local, state and federal government agency with the authority to regulate such facilities.

(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)

8107-45.6 - Collocation.

Any proposed collocation may be processed pursuant to a permit modification in Section 8107-45.10.1. Collocations which do not qualify for modification in Section 8107-45.10.1 may alternatively be processed pursuant to Section 8107-45.10.2 or Section 8107- 45.10.3.

(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)

8107-45.7 - Maintenance and monitoring.

a.

Periodic Inspection: The County reserves the right to undertake periodic inspection of a permitted wireless communication facility in accordance with Section 8111-8 of this Chapter.

b.

Maintenance of Facility: The permittee shall routinely inspect each wireless communication facility, as outlined in the approved maintenance and monitoring plan, to ensure compliance with the standards set forth in Section 8107-45.4 and the permit conditions of approval. The permittee shall maintain the facility in a manner comparable to its condition at the time of installation. If routine maintenance or repair is not sufficient to return the facility to its physical condition at the time of installation, the permittee shall obtain all required permits and replace the facility to continue the permitted operation.

c.

Graffiti: The permittee shall remove graffiti from a facility within ten (10) working days from the time of notification by the Planning Division.

d.

Landscape and Screening: All trees, foliage, or other landscaping elements approved as part of a wireless communication facility shall be maintained in good condition during the life of the permit, and the permittee shall be responsible for replacing any damaged, dead,

or decayed landscape vegetation. The permittee shall maintain the landscaping in conformance with the approved landscape plan.

e.

Hours of Maintenance: Except for emergency repairs, backup generator testing and maintenance activities that are audible to an off- site, noise-sensitive receptor shall only occur on weekdays between the hours of 8:00 a.m. and 10:00 p.m.

f.

Transfer of Ownership:

(1)

In the event that the permittee sells or transfers its interest in a wireless communication facility, the succeeding operator shall become the new permittee responsible for ensuring compliance with the permit for the wireless communication facility, including all conditions of approval, and all other relevant federal, state and local laws and regulations.

(2)

The permittee (or succeeding permittee) shall file, as an initial notice with the Planning Director, the new permittee's contact information.

(3)

The permittee shall provide the Planning Director with a final notice within thirty (30) days after the transfer of ownership and/or operational control has occurred. The final notice of transfer shall include the effective date and time of the transfer and a letter signed by the new permittee agreeing to comply with all conditions of the County permit.

(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)

8107-45.8 - Technical expert review.

The County may contract for the services of a qualified technical expert to supplement Planning Division staff in the review of proposed wireless communication facilities or in the review of the permittee's compliance with Section 8107-45.4, which may include the review of technical documents related to radio frequency emissions, alternative site analyses, propagation diagrams, and other relevant technical issues.

The use of a qualified technical expert shall be at the permittee's expense, and the cost of these services shall be levied in addition to all other applicable fees associated with the project. The technical expert shall work under a contract with and administered by the County. If proprietary information is disclosed to the County or the hired technical expert, such information shall remain confidential in accordance with applicable California laws.

(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)

8107-45.9 - Temporary wireless communication facilities.

A temporary wireless communication facility, such as a "cell-on-wheels" (COW), may be used for the following purposes: to replace wireless communication facility services during the relocation or rebuilding process of an existing facility, during festivals or other temporary events and activities that otherwise require a permit under this Chapter, and during public emergencies. Once the relocation or rebuilding process, temporary event, or emergency is complete, the temporary facility shall be removed from the site as soon as practicable.

A temporary wireless communication facility shall be processed as an accessory use under a proposed or existing County permit when used during the relocation or rebuilding process of an existing wireless communication facility, or when used for a festival or other temporary event or activity that otherwise requires a permit under this Chapter.

(Ord. No. 4470, § 4, 3-24-2015)

8107-45.10 - Permit Modifications.

Proposed modifications to an existing wireless communication facility shall be processed in accordance with Article 11 of this Chapter except that the type of permit modification required shall be a Zoning Clearance, Permit Adjustment, or Minor or Major Modification

as provided below.

(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)

8107-45.10.1 - Facility modifications subject to a Zoning Clearance.

One or more of the following modifications to an existing wireless communication facility may be processed with a Zoning Clearance:

a.

Replacement of wireless communication facility equipment when the design of equipment remains the same but the size of equipment decreases or remains the same.

b.

Collocations on an existing wireless communication facility that are included in and authorized by the existing permit.

c.

Collocation on an existing building-concealed facility that is subject to an existing County permit, or an increase to the size of existing antennas within a building-concealed facility that is subject to an existing County permit, when the proposed modifications do not result in changes to the external features of the building-concealed facility (such as a building's architectural features) and when the proposed wireless communication facility equipment remains hidden within the building-concealed facility.

d.

Additional equipment mounted onto an existing wireless communication facility, excluding collocation, that is attached behind and concealed by existing directional panel or dish antenna, or that is concealed by an existing stealth design feature. Photographic or other visual evidence shall be supplied that demonstrates the additional equipment will not be visible from any public viewpoint.

e.

Modifications to equipment located within, and visually hidden by, an existing equipment shelter or cabinet, such as replacing parts and other equipment accessories, increasing the size of the fuel tank and modifying or replacing an existing back-up generator in compliance with permitted noise levels.

f.

New or replacement equipment cabinets or shelters that are physically located within the existing, permitted site area, and when the new or replacement equipment is screened by existing vegetation or fencing if visible from a public viewpoint, and when the new or replacement equipment does not generate noise that exceeds permitted levels.

g.

Non-commercial antenna mounted on an existing commercial or public safety wireless communication facility when the antenna is not visible from a public viewpoint and would not increase the height of the wireless communication facility.

h.

Modifications that constitute a Section 6409(a) Modification, provided that each modification is in conformance with subsection 8107- 45.4(h). Decisions of the Planning Director (or designee) on requested Section 6409(a) Modifications are final when rendered and are not subject to appeal pursuant to Section 8111-7.

(Ord. No. 4470, § 4, 3-24-2015; Ord. No. 4639, § 6, 12-17-2024)

8107-45.10.2 - Facility modifications subject to a permit adjustment.

Modifications to a wireless communication facility that cannot be processed with a Zoning Clearance, pursuant to Section 8107-