§ 8107-45

8107-45.2.1 - Facilities not covered.

The following facilities and devices are not covered by the provisions of this Section:

(1)

Non-commercial antennas such as citizen band radios and amateur radio facilities that are an accessory structure to a dwelling. (See standards for non-commercial antennas in Sections 8106-7.1 and 8107-1.1.)

(2)

Wireless communication facilities located within the public road rights-of-way. (See Ventura County Ordinance Code at Div. 12, Chapter 8, for applicable regulations.)

(3)

Residential satellite and digital TV dishes less than one meter in diameter.

(4)

Temporary wireless communication facilities that are needed during public emergencies or are used in conjunction with a temporary event or activity that does not otherwise require a permit under this Chapter. (See Section 8107-45.9 for permitting of temporary wireless communication facilities used for events and activities that require a permit under this Chapter.)

(Ord. No. 4470, § 4, 3-24-2015)

Any wireless communication facility, including a non-commercial antenna, located on a government building, such as a police or fire station, shall be permitted as an accessory use if the wireless communication facility is used exclusively for the government operation located within that facility or if it substantially contributes to public safety (i.e. police, fire and emergency management operations). Such a wireless communication facility shall be processed as part of the underlying land use permit for the government building and shall be subject to the development standards in Section 8107-45.4, except as provided in Section 8107-45.2.4.

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

8107-45.2.3 - Wireless communication facilities on radio studios and for permanent filming activities.

Any wireless communication facility located on a radio studio or a facility for a permanent filming activity shall be permitted as an accessory use if the wireless communication facility is necessary to, and is used exclusively for, the radio studio or permanent filming activity operation. A wireless communication facility defined as an accessory use shall be processed as part of the underlying land use permit for the building or facility but shall be subject to the development standards in Section 8107-45.4.

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

8107-45.2.4 - Wireless communication facilities for public safety or emergency services.

The applicable County decision-making authority may waive or modify one (1) or more of the development standards in Section 8107-45.4 for a wireless communication facility that is exclusively used for public safety when the application of such standards would effectively prohibit the installation of that facility. In order to waive or modify a development standard, the applicant shall demonstrate in writing that a waiver or modification of the standard is necessary for the provision of public safety services, and that such waivers or modifications do not exceed what is necessary to remove the effective prohibition.

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

In addition to meeting standard application submittal requirements of Section 8111-2, the project applicant for a wireless communication facility may be required to submit some or all of the following information, depending on the scope of the proposed project and as determined by the Planning Division.

a.

Project Description: A written project description for the proposed wireless communication facility that includes, but is not limited to, a general description of the existing land use setting, the type of facility, visibility from public viewpoints, stealth design features, propagation diagrams, on and off-site access, landscaping, and facility components (support structure, antennas, equipment shelters or cabinets, emergency back-up generators with fuel storage etc.).

b.

Propagation Diagram: One (1) or more propagation diagrams or other evidence may be required to demonstrate that the proposed wireless communication facility is the minimum height necessary to provide adequate service (i.e., radio frequency coverage or call-handling capacity) in an area served by the carrier

proposing the facility. The propagation diagram shall include a map showing the provider's existing facilities, existing coverage or capacity area, and the proposed coverage or capacity area at varied antenna heights. The propagation diagram shall also include a narrative description summarizing the findings in layman's terms. Existing obstacles such as buildings, topography, or vegetation that cannot adequately be represented in the propagation diagrams, yet may cause significant signal loss and therefore require additional facility height, should be clearly described and/or illustrated through additional visual analyses, such as line-of-sight or Fresnel zone modeling diagrams. A propagation diagram shall be required if the proposed wireless communication facility would exceed forty (40) feet in height, and may be required at lower heights if the facility is located on a ridgeline, within the SRP overlay zone, or in an Urban Residential zone.

c.

Visual Impact Analysis: A visual impact analysis includes photo simulations and other visual information, as necessary, to determine visual impact of the proposed wireless communication facility on the existing setting or to determine compliance with design standards established by this Section. The photo simulations shall include "before" and "after" renderings of the site, its surroundings, the proposed facility and antennas at maximum height, and any structures, vegetation, or topography that will screen the proposed facility from multiple public viewpoints. Public viewpoints selected for visual impact analysis should be located approximately a half-mile (½), one (1) mile, and two (2) miles from the proposed facility. All photo simulations and other graphic illustrations shall include accurate scale and coloration of the proposed facility.

d.

Authorization and License Information: A letter of authorization from the property owner and the communications carrier that demonstrates knowledge and acceptance of the applicant's proposed project's structures and uses on the subject property. This information shall also include a copy of the FCC radio spectrum lease agreement or the FCC registration number (FRN).

e.

FCC Compliance: Documentation prepared by a qualified radio frequency engineer that demonstrates the proposed wireless communication facility will operate in compliance with Section 1.1301, et seq., of Title 47 of the Code of Federal Regulations or any successor regulations. Documentation of FCC compliance shall be required for all wireless communication facility permits, including permit modifications.

f.

Alternative Site Analysis: Documentation that demonstrates: (1) the applicant has satisfied the wireless communication facility preferred and non-preferred location standards stated in Section 8107-45.4(d) and (e); and (2) infeasibility of alternative sites that would result in fewer environmental impacts to ridgelines (see Section 8107-45.4(i)) and other environmental resources; and if requested (3) all efforts to collocate the proposed facility on an existing facility, including copies of letters or other correspondence sent to other carriers or wireless communication facility owners requesting collocation on their facilities. If collocation is not feasible, the applicant shall demonstrate to the satisfaction of the Planning Division that technical, physical, or legal obstacles render collocation infeasible.

g.

Site Plan and Design Specifications: This documentation shall fully describe the project proposed, including all on- and off-site improvements. The site plan shall be drawn to scale, and the site plan and design specifications shall include the following:

(1)

Written explanation and site plan that describes the facility's components and design (including dimensions, colors, and materials), equipment cabinets, and the number, direction, and type (panel, whip, or dish) of antennas;

(2)

The location and dimensions of the entire site area, exact location of the facility and its associated equipment with proposed setbacks, access road improvements, and any proposed landscaping or other development features. The site plan shall also identify site grading, paving and other features that may increase runoff from the site;

(3)

Front, side, and rear elevation plans showing all of the proposed equipment and structures;

(4)

Building plans and elevations for building-concealed, flush- and roof-mounted wireless communication facilities showing all equipment and structures;

(5)

Manufacturer specifications and samples of the proposed color and material for the facility and its associated equipment; and

(6)

Site plan components required to address fire prevention, water conservation, and other regulatory requirements.

h.

Landscape Plan: This documentation shall describe the location and type of newly proposed landscaping, proposed irrigation systems (as needed), and the location of existing landscape materials that are necessary to properly screen or blend the wireless communication facility with the surrounding area. This information shall be provided on a landscape plan, which conforms to the requirements of Section 8106-8.2.2.

i.

Maintenance and Monitoring Plan: A maintenance and monitoring plan shall describe the type and frequency of required maintenance activities to ensure continuous upkeep of the facility, its associated equipment, and any proposed landscaping during the life of the permit. Landscaping shall be maintained in conformance with Section 8106-8.2.8.

j.

Noise/Acoustical Information: This documentation shall include manufacturer's specifications for all noisegenerating equipment, such as air conditioning units and back-up generators, as well as a scaled diagram or site plan that depicts the equipment location in relation to adjoining properties.

k.

Hazardous Materials: This documentation shall include the quantity, type, and storage location for containment of hazardous materials, such as the fuel and battery back-up equipment, proposed for the wireless communication facility.

l.

Geotechnical Requirements: A geotechnical report shall include the following:

(1)

Soils and geologic characteristics of the site;

(2)

Foundation design criteria for the proposed facility;

(3)

Slope stability analysis;

(4)

Grading criteria for ground preparation, cuts and fills and soil compaction; and

(5)

Other pertinent information that evaluates potential geologic, fault, and liquefaction hazards and proposed mitigation.

m.

Consent to Future Collocation: A written statement shall be provided that states whether or not the applicant consents to the future collocation of other wireless communication facility carriers on the proposed facility (see Section 8107-45.6).

n.

Additional Information: Additional information determined by the Planning Division as necessary for processing the requested wireless communication facility entitlement. If a non-stealth facility is proposed, include a description (with illustrations) of all modifications that would be allowed pursuant to a Section 6409(a), Modification so that a determination can be made whether the facility could become prominently visible from a public viewpoint (see Section 8107-45.4(b)(1)).

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

a.

Partial and Full-Concealment Requirements: To minimize visual impacts, a wireless communication facility shall be designed as a stealth facility or building-concealed facility. A wireless communication facility may be designed as a non-stealth facility only if it meets standards provided in Section 8107-45.4(b) below.

b.

Exceptions to Stealth and Building-Concealed Facilities: A non-stealth facility may be permitted when the applicant demonstrates that the project location and design meet one (1) or more of the following criteria:

(1)

The facility is not prominently visible from a public viewpoint and could not be prominently visible from a public viewpoint following a Section 6409(a) Modification. This standard may be achieved by blending the facility into its surroundings as defined in Section 8107-45.4(c); or

(2)

The non-stealth facility is prominently visible from a public viewpoint but meets one (1) or more of the following criteria:

(a)

It is located on a ridgeline and meets the requirements in Section 8107-45.4(i); or

(b)

The minimum height required for adequate service, coverage, or capacity area cannot be achieved with one (1) or more stealth facilities (see Section 8107-45.4(f)(4)); or

(c)

It is used solely for the provision of public safety and the decision-making authority waives this development standard pursuant to Section 8107-45.2.4.

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 810745.4(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

• 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 Trees[1][[5]]

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 810745.4; 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 810745.2.4, 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 81068.2.5.

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).

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)

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)

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)

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)

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)

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)

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)

Modifications to a wireless communication facility that cannot be processed with a Zoning Clearance, pursuant to Section 8107-45.10.1 above, may be processed with a Permit Adjustment, provided that the modifications would not alter the findings made for the existing permit (see Sections 8111-1.2.1.1 through 1.2.1.8 of this Chapter), nor any findings contained in the environmental document, and further provided that the proposed modifications satisfy each of the following criteria as applicable:

a.

New or replacement equipment cabinets or shelters would not generate noise that would exceed originally permitted levels and are not prominently visible from a public viewpoint;

b.

Alterations to the approved landscaping plan are in compliance with the standards in Section 8107-45.4(q) and may result in replacement vegetation or additional vegetation for screening purposes;

c.

Modifications to the facility design and operation would be consistent with the facility's original design and permitted conditions of approval. Proposed changes to a stealth facility shall retain the necessary features to ensure the facility remains stealth, as stated in Section 8107-45.4(i);

d.

Modifications would only involve grading of a previously disturbed site; and

e.

Modifications would not result in a replacement, modification, or a series of replacements or modifications to a wireless communication facility that cumulatively constitute an increase in physical dimensions of ten (10) percent or more in any one (1) or more of the following:

•

Height or width of the antenna or associated equipment;

Circumference of the antenna, mast, or pole;

Distance of the antenna array from the support structure;

•

Volume of equipment, including but not limited to boxes, equipment sheds, guy wires, pedestals and cables; or

•

Equipment area that is enclosed by structural elements or screening devices such as fences and walls.

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

8107-45.10.3 - Facility modifications subject to a minor or major modification.

Modifications to an existing wireless communication facility shall be processed as either a Minor or Major Modification if the proposed modification cannot be processed as a Zoning Clearance (see Section 810745.10.1) or Permit Adjustment (see Section 8107-45.10.2).

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

8107-45.11 - Permit period and expiration.

No Conditional Use Permit for a wireless communication facility shall be issued for a period that exceeds ten (10) years. At the end of the permit period for all wireless communication facilities, the permit shall expire unless the permittee submits, in accordance with all applicable requirements of this Chapter, an application for a permit modification to the Planning Division. An application that includes a request for a permit time extension shall be submitted prior to the permit expiration date, in which case the permit shall remain in full force and effect to the extent authorized by Section 8111-2.10 of this Chapter.

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

8107-45.12 - Permit time extensions.

a.

Time Extensions for Conditional Use Permits (CUP): All permit time extension requests shall be processed as a Minor Modification or Major Modification pursuant to Section 8111-6.1 of this Chapter. No permit time extension for a wireless communication facility shall be issued for a period that exceeds ten (10) years.

b.

Wireless Communication Facility Technology Upgrades: Whenever a permit time extension is requested for a wireless communication facility, the permittee shall replace or upgrade existing equipment when feasible to reduce the facility's visual impacts and improve the land use compatibility of the facility.

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

8107-45.13 - Nonconforming wireless communication facilities.

Any wireless communication facility rendered nonconforming solely by the enactment or subsequent amendment of the development standards stated in Section 8107-45.4 shall be considered a legal nonconforming wireless communication facility subject to the following provisions.

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

8107-45.13.1 - Modifications to nonconforming wireless communication facilities.

If a modification, other than a permit time extension, is proposed to a legal nonconforming wireless communication facility, the modification may be authorized through a permit modification processed pursuant to Section 8107-45.10 provided that both of the following apply:

a.

The modification itself conforms to current development standards in Section 8107-45.4; and

b.

The modification can be processed with a Zoning Clearance (see Section 8107-45.10.1), Permit Adjustment (see Section 8107-45.10.2) or Minor Modification (see Section 8111-6.1.2).

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

8107-45.13.2 - Permit time extension for nonconforming wireless communication facilities.

An existing permit for a legal, nonconforming wireless communication facility may be granted a one-time time extension not to exceed ten (10) years. The request must qualify for and shall be processed as a Minor Modification pursuant to Section 8111-6.1.2 and all of the following must apply:

a.

The facility was operated and maintained in compliance with applicable County regulations;

b.

The facility height (Section 8107-45.4(f)) and setbacks (Section 8107-45.4(g)) are within a ten-percent deviation from current standards; and

c.

The facility is stealth when required by Section 8107-45.4.

Permit modifications granted pursuant to this Section may include, but are not limited to, conditions requiring the permittee to upgrade the legal nonconforming wireless communication facility in order to reduce the level of nonconformance with current development standards.

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

8107-45.14 - Abandonment.

A wireless communication facility that is not operated for a period of twelve (12) consecutive months or more from the final date of operation shall be considered an abandoned facility. The abandonment of a wireless communication facility constitutes grounds for revocation of the land use entitlement for that facility pursuant to Section 8111-6.2.

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

When the use of a wireless communication facility is terminated, the permittee shall provide a written notification to the Planning Director within thirty (30) days after the final day of use. The permittee shall specify in the written notice the date of termination, the date the facility will be removed, and the method of removal.

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

8107-45.16 - Site restoration.

Within one-hundred eighty (180) days of permit revocation, permit expiration or voluntary termination, the permittee shall be responsible for removal of the wireless communication facility and all associated improvements, and for restoring the site to its pre-construction condition. If the permittee does not comply with these requirements, the property owner shall be responsible for the cost of removal, repair, site restoration, and storage of any remaining equipment.

(Ord. No. 4470, § 4, 3-24-2015)