Ventura Municipal Code Ch. 24.497 Standards for Wireless Telecommunication Facilities

This chapter establishes development and operational standards for the review of Wireless Telecommunications Facilities use. (Ord. No. 2000-04, § 61, 1-24-00)

The provisions set forth in this chapter are to:

A. Provide for the siting and development of wireless telecommunications facilities to serve city of Ventura residents, businesses, industry, schools, and other institutions and to set forth specific permit regulations for those facilities.

B. Promote orderly development and ensure that wireless telecommunications facilities are compatible with surrounding land uses in order to preserve the unique visual character of the city.

C. Provide a public forum to ensure a balance between public concerns and private interests in establishing wireless telecommunications facilities.

D. Protect the visual character of the city from the potential adverse effects of wireless telecommunications facilities and prevent visual blight within or along the city’s scenic corridors and ridgelines through careful design, siting, landscaping, and various innovative camouflage techniques.

E. Avoid potential damage to adjacent properties from tower/monopole failure through careful engineering and siting of such structures.

F. Maximize the use of any existing wireless telecommunication tower or monopole and the use of well-camouflaged sites to minimize the need to construct new towers or monopoles within the city.

G. Maximize and encourage the use of minor camouflaged wireless telecommunications facilities or co-location with existing wireless telecommunications facilities structures as a primary option rather than construction of new single-use towers or monopoles.

H. Protect the visual and other environmental resources of Ventura. (Ord. No. 2000-04, § 61, 1-24-00)

Prior to the installation of Wireless Telecommunications Facilities use types, the type of permit required shall be:

A. Wireless Telecommunication Facilities, Mini. A zoning clearance must be obtained prior to the installation of a Wireless Telecommunications Facilities, Mini use type as defined in Section 24.115.3460(A).

B. Wireless Telecommunication Facilities, Minor. A director’s permit pursuant to Chapter 24.505 shall be obtained prior to installation of a Wireless Telecommunications Facilities, Minor use type as defined in Section 24.115.3460(B).

C. Wireless Telecommunication Facilities, Major. Depending on the requirements applicable to the underlying zoning district in which a Wireless Telecommunications Facilities: Major use type as defined in Section 24.115.3460(C) is proposed to be located, a use permit or planned development permit, or both, shall be obtained pursuant to Chapters 24.520 and 24.535, prior to the installation of the wireless telecommunication facility, major. (Ord. No. 2000-04, § 61, 1-24-00; Ord. No. 2021-017, § 61, 12-13-21)

In addition to any requirements established for the submittal of an application, including materials, plans and fees, the applicant may be required to submit one or more of the following as determined desirable by the community development director to make the required findings:

A. The name, address, telephone number and title of the officer, agent or employee responsible for the accuracy of the applicant’s materials and who will serve as a contact for the city regarding the siting of new wireless telecommunications facilities in the city.

B. A project description fully describing the proposed facility, including a description of proposed lighting and noise-generating equipment, and the projected useful life of the facility.

C. A site plan of the proposed project including existing and proposed walls and fences, proposed lighting and access to the facility.

D. A landscape plan showing all existing vegetation and identifying landscaping that is to be retained on the site and any additional vegetation that is proposed to screen the facility from adjacent land uses and public views.

E. If ground mounted, a topographic map showing existing and proposed contours, including access.

F. A narrative and map description of all the other applicant’s existing and proposed wireless telecommunications facilities within the city.

G. Visual impact assessment, including existing site photos and photo simulations from a minimum of four vantage points. The photo simulation is to be an accurate representation that includes a worst case impact on the view from the public realm and shall encompass a radius of at least 1,000 feet from the proposed site. The assessments shall consider views from public areas as well as from nearby private residences.

H. An alternate site analysis presenting various locations considered, which would minimize the number, size, and adverse visual impacts of facilities necessary to provide telecommunication services to the public. When the decision-making authority determines that an alternate location is more desirable, the burden of proof shall be on the applicant to show that the alternate location is not feasible or reasonable for signal access.

I. Retention of an appropriate technical consultant, by the city, at the applicant’s expense to verify the need for any requested administration variance.

J. Such other information as the director may reasonably require. (Ord. No. 2000-04, § 61, 1-24-00)

Regardless of the zoning district in which wireless telecommunications facilities are proposed to be located, the following development and operational standard shall be met:

A. Sufficient entry-deterrent measures shall be incorporated into the facility design, if needed, to reduce the potential for trespass and injury.

B. Mobile or immobile equipment not used in direct support of a wireless telecommunications facility shall not be stored on the site of a wireless telecommunications facility, unless repairs to the facility are being made.

C. The use of any portion of a wireless telecommunications facility for signs or advertising purposes is prohibited, unless it is part of the camouflage design or primary structure upon which the wireless telecommunications facility is affixed.

D. Accessory facilities (i.e., vaults, equipment rooms, utilities and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) or shall be placed in underground vaults if feasible.

E. Ground-mounted accessory facilities which cannot be practically placed in underground vaults, such as security lighting or screening walls, shall be no taller than six feet in height unless approved otherwise by the decision-making authority and shall be designed to be compatible with a structure or facility typically found in the area and zone where it is located. Existing vegetation removed by construction of support utilities shall be replaced. (Ord. No. 2000-04, § 61, 1-24-00)

In addition to the requirements of Chapter 24.545, Wireless Telecommunications Facilities: Major use types as defined in Section 24.115.3460(C) shall incorporate the following design elements to the greatest extent possible:

A. The height shall be the minimum necessary without compromising reasonable reception or transmission.

B. The design, finish, colors and texture shall be nonreflective and blend with the surrounding natural and/or human-made environment.

C. Screening of the facility by existing and/or proposed structures and landscaping to the extent possible without unduly compromising reception when not of a camouflage design.

D. Fencing, landscaping, and other screening shall be integrated and compatible with surrounding improvements.

E. If it is necessary, painted components shall be repainted with “flat” (nongloss) paint to maintain continuous coverage at all times. The color selected shall be one that will minimize the visual impact to the greatest extent feasible. Facilities that will be primarily viewed against soils, trees, grasslands or sky shall be painted or repainted colors matching these landscapes during the predominant season.

F. All utilities servicing the facilities shall be placed underground unless existing overhead lines currently servicing the site will be used to service the facilities. (Ord. No. 2000-04, § 61, 1-24-00)

Wireless telecommunications facilities shall be located so as to minimize their visibility and the number of separate, individual, distinct facilities required. Unless specified otherwise as part of a required permit, all of the following standards shall be followed in the siting of wireless telecommunications facilities:

A. Wireless telecommunications facilities shall be located on a site in such a manner that they do not occupy or displace the minimum required parking spaces or minimum required landscape areas.

B. Wireless telecommunications facilities shall be installed so that they are not visible from any scenic drive or scenic approach as identified in the community design element of the comprehensive plan unless sufficiently screened or camouflaged.

C. Wireless telecommunications facilities and their appurtenances shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel unless sufficiently screened or camouflaged.

D. Wireless telecommunications facilities located in hillside areas of high visibility shall be sited below the ridgeline or otherwise designed to mitigate their impact on the ridgeline profile and are sufficiently screened or camouflaged.

E. Wireless telecommunications facilities shall not be installed on an exposed ridgeline, in or at a location readily visible from Highway 101, Highway 33 or the 126 Freeway, a public trail, public park or other outdoor recreation area unless it is placed underground, depressed, or located behind earth berms or blends with the surrounding existing natural and human-made environment in such a manner as to be camouflaged.

F. Wireless telecommunications facilities shall not be installed in the floodplain (FP), coastal bluff (CB), or sensitive habitat (SH) overlay zones.

G. Wireless telecommunication facilities shall not be installed in the coastal zone unless the requirements set forth in Section 24.515.070(C) have been met.

H. Wireless telecommunications facilities shall not be installed at a location where special painting or lighting will be required by the FAA regulations, unless technical evidence acceptable to the decision-making authority is submitted showing that this is the only technically feasible location for this facility. (Ord. No. 2000-04, § 61, 1-24-00)

To the extent feasible, wireless telecommunications facilities shall be designed to promote site sharing and co-location. Accordingly, wireless telecommunications facilities shall comply with the following standards:

A. Accessory facilities, including, but not limited to, poles, towers, parking areas, access roads, utilities and equipment buildings, shall be shared by the site users.

B. The facility shall make available unutilized or underutilized space for co-location of other wireless telecommunications facilities, including space for those entities providing similar, competing services.

C. All new Wireless Telecommunications Facilities: Major shall be designed to accommodate co-location.

D. Application permits required for Wireless Telecommunications Facilities: Major shall include the following in addition to the information as applicable:

1. Documentation identifying the total capacity of the structure, including the number and types of antennas that can be accommodated over the life of the project; and

2. A written statement of willingness to lease space on the proposed support structure to other users or a written explanation why the subject facility is not a candidate for co-location. (Ord. No. 2000-04, § 61, 1-24-00)

Wireless Telecommunications Facilities: Major and freestanding Wireless Telecommunications Facilities: Minor shall be limited to the maximum height allowed by the underlying zone in which the facility is to be located. Wireless Telecommunications Facilities: Mini or Minor located on or attached to a building or structure shall be subject to the following height restrictions:

A. The height shall not exceed that building’s height limit as determined by the city’s zoning ordinance.

B. The height shall not exceed the height of the building or structure that is legally nonconforming to height.

C. Notwithstanding any provision of this section or Chapter 24.405 to the contrary, if the height of any Wireless Telecommunications Facilities: Mini or Minor exceeds the overall height limitations of the zone district within which it is sited, or exceeds the legally nonconforming height, that facility shall require approval of an administrative variance. (Ord. No. 2000-04, § 61, 1-24-00)

Building-mounted Wireless Telecommunications Facilities: Mini shall meet the existing legal or legally nonconforming setbacks of the structure or building to which they are attached. Freestanding Wireless Telecommunications Facilities: Minor and Wireless Telecommunications Facilities: Major shall be limited to the same setbacks as those required by the underlying zone in which the facility is to be located. (Ord. No. 2000-04, § 61, 1-24-00)

Exterior lighting for wireless telecommunications facilities shall be limited to the following:

A. A manually operated or motion-detector controlled light above any accessory structure which shall be kept off except when personnel are actually present at night.

B. The minimum tower lighting required by FAA regulations.

C. Lighting shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences.

D. Requirements of subsection A or C of this section may be waived by the decision-making authority if the wireless telecommunications facilities is designed as a light pole. In such instance, lighting intensity, direction, and shielding shall be the same as other pole-mounted lights in the vicinity, the design of which has been duplicated for construction of the wireless telecommunications facilities. (Ord. No. 2000-04, § 61, 1-24-00)

All ground-mounted wireless telecommunications facilities shall be installed in such a manner to maintain and enhance existing vegetation and shall include additional suitable landscaping to screen the facility to the extent feasible. To that end, the following shall apply to all ground-mounted wireless telecommunications facilities:

A. All areas disturbed during project construction, other than the access travelway and parking shall be revegetated with plants compatible with the surrounding area.

B. Landscaping shall be required to screen new access grading from public viewpoints. (Ord. No. 2000-04, § 61, 1-24-00)

All wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby residents, businesses and users of nearby recreational areas such as public parks and trails. Operation of backup generators and batteries shall be limited to power outages or testing and maintenance purposes only. (Ord. No. 2000-04, § 61, 1-24-00)

Off-street parking spaces for wireless telecommunications facilities shall be provided as follows:

A. One parking space shall be provided in close proximity to each facility, unless:

1. The wireless telecommunications facilities is affixed to a building or structure and the minimum number of parking stalls have been provided on site in accordance with the zoning ordinance, or any nonconforming parking is legally nonconforming as a result of previous zoning ordinance standards or construction prior to zoning ordinance standards, and is not required to conform to current standards; or

2. On-street parking is available immediately adjacent to the facility, so that service vehicles can access and maintain the site from the on-street parking; or

3. The wireless telecommunications facilities proposed would be co-locating with an existing facility, and parking has already been provided for the existing wireless telecommunications facilities.

B. If parking is required, sufficient turn-around space shall be provided on site, so that service vehicles are not required to back out directly onto streets. (Ord. No. 2000-04, § 61, 1-24-00)

In addition to the findings required for approval of a director’s permit, use permit, planned development permit or design review approval, prior to approval of a wireless telecommunications facility, the decision-making authority shall make the following additional findings:

A. The proposed site results in fewer or less severe impacts than any alternative sites that have been considered;

B. Special design considerations have been incorporated into or applied to the wireless telecommunications facilities to ensure that the facility will not result in an adverse visual impact to the surrounding properties or public views;

C. The proposed wireless telecommunications facilities will be substantially screened from the view of surrounding properties and public view or will otherwise be substantially camouflaged;

D. All applicable development standards for wireless telecommunications facilities have been met, or an administrative variance has been granted. (Ord. No. 2000-04, § 61, 1-24-00)

The director may approve minor additions or reconfigurations to existing or approved wireless telecommunications facilities as allowed in Sections 24.570.090 and 24.505.020; provided, that the addition or reconfiguration does not significantly alter the appearance of the facility. (Ord. No. 2000-04, § 61, 1-24-00)

Exceptions to dimensional requirements specified within this chapter, as limited through Section 24.535.070, may be granted through issuance of a minor variance. (Ord. No. 2000-04, § 61, 1-24-00; Ord. No. 2021-017, § 61, 12-13-21)

All wireless telecommunications facilities legally operating on the effective date of this chapter, but not complying with the provisions of this chapter, shall be allowed to continue their present usage as a legal nonconforming use and structure and shall be treated as a legal nonconforming use and structure in accordance with Chapter 24.465. A wireless telecommunications facilities that has received approval from the city in the form of either a building permit or discretionary permit, but has not yet been constructed or placed in operation prior to the effective date of this chapter, shall be considered an existing wireless telecommunications facility so long as such approval is current and has not expired. New construction, other than routine maintenance to an existing wireless telecommunications facility, shall comply with the requirements of this chapter. (Ord. No. 2000-04, § 61, 1-24-00)

If, after becoming operational, a wireless telecommunications facility has been out of use for 12 continuous months, the facility and all appurtenant structures shall be deemed abandoned. If the director determines that the facility has been abandoned, the applicant may be required to remove all equipment from the premises within 60 calendar days of receipt of written notice from the city to abate and restore the site to its original preconstruction condition. If such facilities are not removed within 60 days, the city may remove the facility at the last operator’s expense. For facilities located on city property, this removal requirement shall be incorporated within the terms of the lease. (Ord. No. 2000-04, § 61, 1-24-00)

No approval granted under this chapter is intended to confer, or shall be construed to confer, any right, privilege, license or franchise to occupy or use the public rights-of-way of the city for delivery of telecommunication services or for any other purposes. (Ord. No. 2000-04, § 61, 1-24-00)