4. to the...planning director staff report for case no. pl17-0155 planning director hearing on feb....

A.

Planning Director StatrReport - Hearing on February I4,2Ot9

County of Vennrra . Resource Management Agency' Planning Division800 S. Victoria Avenue, Ventura, CA 93009-1740' (505) 654-2478 'ventura.org/rma/planning

LOTUS OXNARD CORPORATION WIRELESS COMMUNICATION FACILITYMINOR MODIFICATION OF A CONDITIONAL USE PERMIT

CASE NO. PL17-0155

PROJECT INFORMATION

1. Request: The applicant requests approval of a Minor Modification of

Conditional Use Permit (CUP) Case No. LU07-0130 for an existing Non-Stealth

wireless communication Facility (wcF) (case No. PL17-0155).

2. ApplicanUProperty Owner: Lotus Oxnard Corporation, 3301 Barham Blvd.,

Suite 201, Los Angeles, CA 90068

3. Applicant's Representative: Erik Nagy, Jensen Design & Survey, 1672 Donlon

St., Ventura, CA 93003

4. Decision-Making Authority: Pursuant to the Ventura County Non-Coastal

Zoning Ordinancê (NCZO) (S 8105-4, S 8111-1.2, and $ 8111-6 et seq.) theplanning Director is the decision-maker for the requested Minor Modification of

this CUP.

S. project Site Size, Location, and Parcel Number: The 11.1-acre project site

is lotated at 5000 Bennett Road, near the intersection of Bennett Road and Tapo

Canyon Road, near the city of Simi Valley, in the unincorporated area of Ventura

County. The Tax Assessor's parcel number for the parcel that constitutes theproject site is 620-0-320-025 (Exhibit 2).

6. Project Site Land Use and Zoning Designations:

Land Des Open Space(Exhibit 2)

Zoninq Desiqnation: os-160 ac (open space, 160-acre minimum lot size)

(Exhibit 2)

acent Zonin nt b¡t 2

a

b

Land Uses/DevelopmentZoningLocation in

Relation to theProiect Site

Office building, small structures, storagecontainers, trucks and other vehicles onpaved and qravel lot. Site identified as

os-160North

7 and Land Uses/Develo

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Zoning Land Uses/DevelopmentLocation in

Relation to theProiect Site

American Heritaqe GrowersVacant land with some areas that arecovered by concrete and/or packedqravel.

Eastos-160

Gillibrand Canyon stream and wetland.Tapo Canyon Rd. located adjacent to thesouth of Gillibrand Canvon stream.

SouthOS-160 and area within the city ofSimiValley.

OS-160 and area within the city ofSimiValley

Bennett Road and single-family dwellingson large lots with little development andnatural veqetation.

West

8. History: A CUP (No.4186) was approved by the Planning Director onDecember 2, 1983 for the WCF which exists on the subject property today. TheWCF includes three radio towers and transmitting facilities. ln 1990 the PlanningDirector granted a perm¡t time extension to 2003 for CUP 4186. After CUP 4186expired in 2003, the WCF continued to operate without a permit. The PlanningDivision subsequently discovered that CUP 4186 had expired and informed theWCF operator that the CUP had expired. ln 2007 Lotus Communications filed anew CUP application (Case No. LU07-0130) which was granted by the PlanningDirector on February 20,2008 for a ten-year per¡od. On Dec. 17,2017 the LotusOxnard Corporation filed an application with the Planning Division to modify CUPCase No. LU07-0130 for a 1O-year time extension.

9. Project Description: Lotus Oxnard Corporation requests a MinorModification to CUP Case No. LU07-0130 to extend the permit time limits by 10years. CUP Case No. LU07-0130 authorizes the use of three existing, 377 feelhigh WCF towers. The CUP also authorizes the existing cable guy wires tosupport the three existing towers, an existing equipment shelter/transmitterbuilding (approx. 200 sq. ft.), and existing chain link and wire fencing aroundeach of the three WCF towers. ln addition, the existing project includes a backupgenerator (approx. 11 sq. ft.) to provide power when there is a failure in thepower supply provided by Southern California Edison. The WCF project is withinan 11.1-acre CUP boundary on APN 620-0-320-025. The WCF would continue tobe unmanned and operate 24 hours a day, 365 days per year. No newconstruction, grading or land clearing is proposed. The WCF project does notrequire water or sewer service. Access to the project site is provided by BennettRoad (Exhibit 3).

B. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEAA) COMPLIANCE

Pursuant to CEQA (Public Resources Code Section 21000 et seq.) and the CEQAGuidelines (Title 14, California Code or Regulations, Division 6, Chapter 3, Section15000 et seq.), the proposed project is subject to environmental review.

)

Planning Director Statf Report for Case No. PL17-0155Plannins Director Hearins ".

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The State Legislature through the Secretary for Resources has found that certain

classes of proþcts are exempt from CEQA environmental impact review because they

do not have a significant effect on the environment. These projects are declared to be

categorically exempt from the requirement for the preparation of environmental impact

documents.

On February 20,2OO8 the Planning Director granted CUP Case No. LU07-0130 which

authorized ihe continued use of an existing, unpermitted WCF project consisting of

three 377 feet high WCF towers and an equipment building for a 1O-year period. The

project was exemþt from environmental impact review pursuant to CEQA Section 15301

- Existing Facilities. The proposed project includes minor changes (no grading or land

clearing) to an existing WCF facility. The project is categorically exempt pursuant to_

CEeA-ôuidelines Seclion 15301 - Existing Facilities because the project consists of

only minor alterations of an existing WCF project. No substantial evidence exists

pretluding the use of this categorical exemption based on the presence of unusual

circumstances or any other exception set forth in CEQA Guidelines Section 15300.2.

Therefore, this project is categorically exempt pursuant to Section 15301 of the CEQA

Guidelines.

C. CONSISTENCY WITH THE GENERAL PLAN

The Ventura County General Plan Goals, Policies and Programs (2015, page 4) states:

...in the unincorporated area of Ventura County, zoning and any permits rssued

thereunder, any subdivision of land, any public works proiect, any public (County,

Speciat District, or Local Government) land acquisition or disposition, and anyspecific plan, must be consistent with the Ventura County General Plan Goals,

Poticies and Programs, and where applicable, the adopted Area Plan.

Furthermore, the Ventura County Non-Coastal Zoning Ordinance (S8111-1'2'1'1.a)

states that in order to be approved, a project must be found consistent with all

applicable policies of the Ventura County General Plan'

Evaluated below is the consistency of the project with the applicable policies of the

General Plan.

1. Resources Policy 1.1.2-1: Alt General Plan amendments, zone changes and

discretionary development shalt be evaluated for their individual and cumulative

impacts on resources rn compliance with the California Environmental QualityAct.

As discussed in Section B (above) for the project's individual impacts and

contribution to cumulative impacts on resources have been evaluated. The

project was determined to be exempt from environmental impact review pursuant

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to the State Guidelines for lmplementation of CEQA Section 15301 - ExistingFacilities involving little or no expansion of the existing permitted use.

Based on the discussion above, the proposed project is consistent with thispolicy.

2. Resources Policy 1.1.2-2: Except as otherwise covered by a more restrictivepolicy within fhe Resources Chapter, significant adverse impacts on resourcesidentified in environmental assessments and repoñs shall be mitigated fo /essthan significant levels or, where no feasible mitigation measures are available, a

statement of overriding considerations shall be adopted.

As discussed in Section B (above), the project's individual impacts andcontribution to cumulative impacts on resources have been evaluated.

lmplementation of the proposed project would not include the introduction of newuses that could adversely impact the surrounding area. The site has beenpreviously cleared of vegetation to accommodate the existing WCF project. Nonew significant effects on resources would occur with implementation of theproposed project.

Based on the discussion above, the proposed project is consistent with thispolicy.

3. Biological Resources Policy 1.5.2-1= Discretionary development which couldpotentially impact biologicalresources shall be evaluated by a qualified biologistfo assess impacts and, if necessary, develop mitigation measures.

The existing WCF project is located on relatively flat grade which containsaccess roads and has been previously cleared of vegetation to accommodate theexisting WCF. The WCF project is not located within the Gillibrand Canyonstream and wetland adjacent to the southern property line. According to theCounty's GlS, the project site does not contain any critical habitat. Theapplicant's CUP modification request does include new construction or grading.

The Planning Division biologist reviewed the CUP modification request anddetermined that the existing WCF project is located within a migratory birdmovement route (Nexrad ffiap, USGS). As such, there is the potential formigratory birds to collide with the existing guy wires supporting each of the threeexisting towers. Potential collisions could result in injury or death to migratorybirds. Visual markers or bird diverters installed on the existing guy wires couldprevent such bird collisions. A new CUP condition will be imposed requiring birddiverters (FireFly MET Bird Diverter, https://pr-tech.com/product-cateqorv/bird-diverters/ or equivalent) be installed and maintained on the existing guy wires toprevent migratory bird collisions (Exhibit 4). Therefore, the existing WCF projectis not anticipated to cause new, significant impacts to biological resources.


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Based on the above discussion, the proposed project is consistent with thispolicY.

4. Paleontotogical and Gultural Resources Policy 1.8.2'1: Discretionarydevetopments shatt be assessed for potential paleontological and culturalresource impacts, except when exempt from such requirements by CEQA. Such

assessmenis shall be incorporated into a Countywide paleontological and

cultural resource data base.

The existing WCF project is located in a previously developed area. No new

construction or grading is proposed. Therefore, the proposed project will not

result in new significant impacts on paleontological or cultural resources.

Based on the above discussion, the proposed project is consistent with thispolicy.

5. Fire Hazard Policy 2.13.2-'l: Alt discretionary permifs sha// be required, as acondition of approval, to provide adequate water supply and access for fireprotection and evacu ation pu rposes'

The nearest Ventura County Fire Station (No. 46) is located approx. two miles

from the existing WCF project. The Ventura County Fire Protection District

(VCFPD) reviewed the CUP Modification request and stated that the existing

flammable/combustible liquids permit condition, the existing hazardous fire area

building code requirements condition, and the existing fire extinguishers condition

will coñtinue to be imposed to ensure public safety. The existing WCF will be

required to operate in compliance with all applicable Federal, State and local

regulations, including the requirements of the Ventura County Building Code and

tnè State Fire Code. lmplementation of VCFPD conditions of approval (Exhibit 4)

will ensure that adequate fire safety will be maintained. Water service is not

required for facility operation or fire suppression.


6. Hazardous Materials and Waste Policy 2.15.2-2: Sife p/ans for discretionarydevelopment that will generate hazardous wasfes or utilize hazardous materialsshatt inctude detaits on hazardous uzasfe reduction, recycling and storage.

The existing WCF includes the use of a lead acid battery (the size of an

automobile -battery)

and storage of 50 gallons of diesel fuel onsite to provide

energy and fuel for the existing backup generator. Staff from the Ventura County

Resõurce Management Agency - Environmental Health Division (EHD) reviewed

and analyzed the Permittee's CUP Minor Modification request. lf 55 gallons or

more of diesel fuel will be stored onsite in the future, a Hazardous Materials

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Business Plan (HMBP) must be submitted to EHD's Certified Unified ProgramAgency (CUPA) for review and approval (Exhibit 4). Also, the condition ofapproval imposed by EHD requires a HMBP if hazardous materials in quantitiesequal to or greater than 500 pounds solid or 200 cubic feet of compressed gasare stored onsite. According to EHD staff, the existing WCF project will notgenerate hazardous wastes that require an EHD CUPA permit or HMBP.However, if hazardous wastes will be generated in the future, the Permittee mustobtain an Environmental Protection Agency identification number from theCalifornia Department of Toxic Substances Control (Exhibit 4). Compliance withapplicable state and local regulations will reduce potential impacts to publichealth and safety to less than significant levels.


7. Scenic Resources Policy 1.7.2-1= ...[D]iscretionary development which wouldsignificantty degrade visual resources or significantly alter or obscure publicviews of visual resources shall be prohibited unless no feasible mitigationmeasures are available and the decision-making body determines there areove rridi ng con sideration s.

The existing WCF project is located at relatively flat grade surrounded by distantridgelines of the hills to the north of the City of Simi Valley. The project site is notlocated on a ridgeline, within the County's Scenic Resource Protection Zone, orwithin a County-designated Scenic Resource Area. ln addition, the WCF is notlocated within the Gillibrand Canyon stream and wetland adjacent to the southernproperty line. The existing WCF is located near Tapo Canyon Road (an EligibleCounty Scenic Highway). However, motorists/cyclists using Tapo Canyon Roadnear the project site cannot see most of the WCF towers or distant ridgelines tonorth because of the existing vegetation within the Gillibrand Canyonstream/wetland.

Because the CUP modification request does not include new construction orgrading, and no visual resources are located within the project site, nodegradation or destruction of scenic resources will occur. Planning staff utilizedGoogle Street View imagery and determined that the towers are visible fromportions of Bennett Road (a public road) in the project site area. Also, as TapoCanyon Park is within close proximity of the project site (the southern edge ofTapo Canyon Park is approx. 500' from the closest tower), the towers are likelyvisible from some locations in the Park. However, after reviewing Google StreetView imagery and site photos of the existing WCF towers, Planning staffdetermined that the towers do not significantly obscure or alter public views ofthe surrounding ridgelines.

As mentioned above, bird diverters (FireFly MET Bird Diverter, https://pr-tech.com/product-cateqorv/bird-diverters/ or equivalent) will be installed

Planning Director Staff Report for Case No. PL17-0155Plannins Director Hearing ".

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approximately every 30 feet on the existing guy wires to prevent migratory bird

coilis¡ons. Tlre dimensions of these rectangular bird diverters are 3.5" x 6.25".

Planning staff reviewed video examples of installed FireFly Bird Diverters. Theinstalled bird diverters are visible when viewed within a distance of approx. 100-

1S0 feet. However, the c/osesf public viewing location of the existing WCF project

is approx. 265 feet distant from Bennett Road (near tower A). Therefore, the bird

diverters will likely be marginally visible from public viewing locations and theexisting WCF combined with the bird diverters are not anticipated to significantlyobscure or alter public views of the surrounding ridgelines.


B. Noise Policy 2.16.2-1: Att discretionary development shall be reviewed for noise

compatibitity with surrounding uses. Norse compatibility shall be determined from

a consrsfenf sef of criteria based on the standards listed below. An acousticalanalysis by a qualified acoustical engineer shall be required of discretionarydevetopments invotving noise exposure or noise generation rn excess of the

estabtished standards. The analysis shall provide documentation of existing andprojected noise levels at on-site and off-site receptors, and shall recommendnoise control measures for mitigating adverse impacts.

(4) Noise generators, proposed to be located near any noise sensitive use, shall

incorpórate noise control measures so that ongoing outdoor norse levels

received by the noise sensitive receptor, measured at the exterior wall of the

buitding, does not exceed any of the following standards:a. L"qlH of 55 dB(A) or ambient noise level plus 3dB(A), whichever is

greater, during any hour from 6:00 a.m. to 7:00 p.m.

b. L"q1H of 50dB(A) or ambient noise level plus 3dB(A), whichever is greater,

during any hour from 7:00 p.m. to 10:00 p.m.

c. L"q1H of 45 dB(A) or ambient noise level plus 3dB(A), whichever isgreater, during any hour from 10:00 p.m. to 6:00 a.m.

Section 2.16.2(4) is not applicable to increase traffic noise along any of the

roads identified within the 2020 Regional Roadway Network (Figure 4.2.3)

Pubtic Facitities Appendix of the Ventura County General Plan (see 2.16.2'1(1)).tn addition, State and Federal highways, all railroad line operations,aircraft in flight, and pubtic utility facilities are noise generators havingFederat and State regulations that preempt local regulations.

Although the existing backup generator is used only when there is a failure in the

regulai power supply to the existing WCF, the backup generator is a noisegenerator as defined by General Plan Noise Policy 2.16.2-1. The closest noise-

ðensitive use (a single-family dwelling) is located approximately 300 feetnorthwest of the backup generator. Noise from the existing backup generator has

the potential to slightly exceed the County's nighttime (10:00 p.m. to 6:00 a.m.)


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noise standard at the exterior wall of the offsite dwelling. ln order to reduce thebackup generator's noise at the dwelling unit to a level below the nighttimestandard, the County will require the installation of a Stage One Enclosure/Coverfor the existing backup generator (Exhibit 4). With the Enclosure/Cover, backupgenerator noise at the closest noise-sensitive use will not exceed the County'snoise standards.


D. ZONING ORDINANCE COMPLIANCE

The proposed modification is subject to the requirements of the Ventura County NCZO.Pursuant to the Ventura County NCZO (Section 8105-4), the existing WCF use isallowed in the OS zone district with the granting of a CUP or CUP Modification. Upongranting of the Minor Modification to the CUP, the proposed project will comply with thisrequirement.

The proposed project íncludes the use of buildings and structures that are subject to thedevelopment standards of the Ventura County NCZO (Section 8106-1.1). Table 1 liststhe applicable development standards and a description of whether the proposedproject complies with the development standards.

Table 1 - Develo nt Standards Consiste Anal ts

The requested Minor Modification to CUP Case No. LU07-0130 for existing WCF projectis subject to the special use standards of the Ventura County NCZO Section 8107-45.The following section includes a discussion of the applicable special use standards andwhether the proposed project complies with the special use standards.

Type ofRequirement

ZoningOrdinance

RequirementComplies?

160 acres No. The 18-acre project parcel does not conform to the minimumlot size standard for the OS-160 ac zone. However, the lot is alegal lot and allowed to be used for the operation of the WCF. lnaddition, no subdivision is proposed (subdivisions are prohibitedif the resulting lots will be less than the minimum lot sizerequirement).

Minimum Lot Area(Gross)

YesMaximumPercentage ofBuildino Coveraqe

5o/o or 38,304sq.ft.

Front Setback 20 feet Yes10 feet YesSide Setback

Rear Setback 15 feet Yes25 feet Yes. The equipment shelter and backup generator are below the

25 feet height standard. The height of the tower antennas is

requlated bv the WCF Ordinance-see D.1 of this staff report.

Maximum BuildingHeight

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1. Section 810745.4. - Development Standards: Stealth and Non-StealthFacilities

a. Pañiat and Fult-Concealment Requirements: To minimize visual impacts, awireless communication facility shall be designed as a stealth facility orbuitding-concealed facility. A wireless communication facility may be designedas a non-steatth facility only if it meets standards provided rn Sec. 8107-45.4(b) below.

b. Exceptions fo Sfea/th and Building-Concealed Facilities: A non-stealth facilitymay be permitted when the applicant demonstrafes that the proiect locationand design meet one or more of the following criteria:

(2) The non-steatth facitity is prominently visible from a public viewpoint butmeets one or more of the following criteria:

(a)

(b)

tt is tocated on a ridgeline and meets the requirements rn Sec. 8107-45.4(1); orThe minimum height required for adequate seruice, coverage, orcapacity area cannot be achieved with one or more stealth facilities(see Sec. 8107-45.4ØØ)); or/f rs used solely for the provision of public safety and the decision-making authority waives this development standard pursuant fo Sec.

8107-45.2.4.

(c)

f. Height:

(5)(b) Non-Sfea tth Facitities: ...[N]on-stealth facilities shall not exceed 50 feetin height.

The existing 377 feet high WCF towers are non-stealth facilities which are visiblefrom a public viewpoint. Pursuant to Sec. 8107-45.4(0(4)), the maximum heightof a stealth faux structure is 5O-feet and the maximum height of a stealth fauxtree is approximately 35 feet (which is 5 feet above the approximate maximumheight of the existing surrounding trees within a 1S0-feet radius of the existingWCF). ln addition, the maximum height allowed for a non-stealth WCF is 50 feet.

According to the Permittee's engineer, the heights of the existing 377 feet towerscannot be reduced significantly and the number of towers (three) cannot be

decreased "...without compromising the reliable FCC authorized operation of thestation" (9-4-2018 letter from David J. Pinion, Registered Professional Engineer,of Hatfield & Dawson, Consulting Electrical Engineers; Exhibit 5). Morespecifically, reduced tower heights will result in greater power losses, reducedtransmission coverage, and reduced service area (pp. 4-5). Therefore, theexisting 377 feet high towers are excepted from the stealth and building-concealed facilities requirements and the non-stealth height requirements.


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Based on the above discussion, the proposed project complies with the abovestandards.

2. Section 810745.4.9. - Development Standards: Setbacks

(1) All wireless communication facilities shall comply with the required minimumfront, side, and rear yard sefbacks for the zone in which the site is located. Nopoñion of an antenna array shall extend beyond the propeñy lines.

ln accordance with Section 8106-1.1 of the NCZO, the existing WCF towers,equipment shelter, and backup generator comply with the front, side, and rearsetback standards of the OS zone. None of the three existing towers (antennas)extend beyond the property lines.

Based on the above discussion, the proposed project complies with the abovestandard.

3. Section 8107-45.4.k. - Development Standards: Environmentally SensitiveAreas

(1) All wireless communication facilities and their accessory equipment shall besifed and designed to avoid or minimize impacts to habitat for special sfafusspecies, sensifiye plant communities, migratory birds, waters and wetlands,riparian habitat, and other environmentally sens/rve areas as determined bythe County's lnitial Study Assessment Guidelines.

(2) Wireless cornrnunication facilities that are higher than 200 feet and arerequired by the Federal Aviation Administration (FAA) to include lighting foraviation safety, should use the minimum amount of pilot warning andobstruction avoidance lighting to minimize impacts to migratory birds.

(3) Wiretess communication facilities that are located in known raptor, CaliforniaCondor, or waterbird concentration areas or daily movement routes, or inmajor diurnal migratory bird movement routes or stopover siúes, should havedaytime visual markers on guy wires to prevent collisions by birds.

As mentioned in Section C of this staff report, the existing WCF is located onland previously cleared and developed. The WCF is not located within a wetlandand the project site does not contain any critical habitat. The CUP Modificationrequest does not involve new grading or construction. Because the existingproject site is located within a migratory bird movement route, there is thepotential for migratory birds to collide with the existing guy wires supporting eachof the three existing towers. A new CUP condition of approval will be imposedrequiring bird diverters (FireFly MET Bird Diverter, https://pr-tech.com/product-catesory/bird-diverters/ or equivalent) to be installed and maintained on theexisting guy wires to prevent migratory bird collisions (Exhibit 4).


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As stated on the Applicant's plans, three exist¡ng, FederalAviation Administration(FAA) required obstruction avoidance lights are located on each of the existing

WCF towers. Non-flashing LED lights are positioned at 125 feet high and 250

feet high locations on each tower, and the third flashing "beacon" light is

positioned at the top of each 377 teet high tower. According to the plans, no FAA

iequired lights are positioned on the supporting guy wires. Therefore, a total ofnine FAA-required lights are located on the three towers which are spaced

equally distant in a line that is approx. 720 feet long'

Based on the above discussion, the proposed project complies with the above

standards.

4. Section 810745.4. - Development Standards: Equipment, Golors, andLandscaping

n. Accessory Equipment: Atl accesso4!/ equipmenf assocrafed with the operationof a wireless communication facility shall be located and screened to prevent

the facitity from being prominently visible from a public viewpoint to the

m axi m u m exte nt fea si ble.

o. Colors and Materiats: Att wireless communication facilities shall use materialsand colors that btend in with the natural or man-made surroundings. Highlyreflective materials are prohibited.

q. Landscaping and Screening: The permittee shall plant, irrigate and maintainadditional landscaping during the life of the permit when such vegetation is

deemed necessary to screen the wireless communication facility from beingprominentty visibte from a public viewpoint. New landscaping shall not.incorporate

any invasive species, as defined by the California lnvasive PlantCouncil (Cal-lPC).

The existing WCF towers, equipment shelter, and backup generator are

prominently visible from portions of Bennett Road adjacent to the project site.

The substantial height of the towers makes screening the towers infeasible.

Nevertheless, it is feasible to screen the equipment shelter and backup generator

from Bennet Road. ln order to screen the equipment shelter and generator from

Bennett Road (a public street and viewpoint), landscape screening will be

required. The County will condition the modified CUP to include a landscaping

and screening plan that will be reviewed and approved by Planning staff prior tothe issuance of the first Zoning Clearance (Exhibit 4). The landscaping will help

screen the equipment shelter/backup generator from Bennett Road and be

restricted to non-invasive, low-water using, drought-tolerant plants. After the

landscape screening has been installed, Planning staff will conduct inspections to

ensure that the landscape screening has been installed properly.

Planning Director Staff Report for Case No. PL17-0155Planning Director Hearing " rrZ!:",l;3?11

In addition, the equipment shelter and backup generator will be painted a uniformlight brown or similar color so that the shelter/generator equipment blends withthe surrounding natural environment. The CUP will be conditioned to require theapplicant to submit color samples to Planning staff for review and approval priorto the issuance of the Zoning Clearance for Construction (Exhibit 4). After theshelter and generator have been painted, Planning staff will conduct inspectionsto ensure that the requirement is satisfied.

Based on the above discussion, the proposed project complies with the abovestandards.

5. Section 8107-45.4.r. - Development Standards: Security

(1) Each facility shall be designed to prevent unauthorized access, climbing,vandalism, graffiti and other conditions that would result in hazardoussituations or visual blight. The approving authority may require the provisionof warning sþns, fencing, anti-climbing devices, or other techniques toprevent unauthorized access and vandalism.

Unauthorized access to the existing WCF towers is prevented by existing chainlink fencing around eàch tower and anti-climbing devices at the bottom of eachtower. The chain link fencing is not prominently visible from Bennett Road and isnot an obvious WCF feature to motorists or pedestrians at this distance.


6. Section 8107-45.4.s. - Development Standards: Lighting

(1) No facility may be illuminated unless specifically required by the FAA or othergovernment agency.

As mentioned above, existing FAA required avoidance obstruction lighting is

located on each of the three existing towers. The plans and elevations providedby the Applicant do not show any additional lights, lighting equipment, orluminaires.


7. Section 810745.4.t. - Development Standards: Signage

(1) A permanent, weathe¡proof identification sign, subiect to Planning Directorapproval, shall be displayed in a prominent location such as on the gate orfence surrounding the wireless communication facility or directly on thefacitity. The sign must identify the facility operator(s) and type of use, provide

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the operatofs address, FCC-adopted standards, and specify a 24-hourtetephone number at which the operator can be reached during an

emergency.

The agent for the CUP Modification request provided photographic evidence to

Planning staff demonstrating that compliant signage exists. A condition ofapproval will be imposed requiring that the signage be maintained and that any

replacement signage complies with this standard (Exhibit 4)'


standard.

8. Section 810745.4.u. - Development Standards: Access Roads

(1) A Where feasible, wireless communication facility sifes sha// be accessed byexisting public or private access roads and easements-

Access to the subject property and project site is provided by Bennett Road.


standard.

9. Section 8107-45.12 - Permit Time Extensions

a. Time Extensions for Conditional lJse Permit (CUP): All permit time extensionreguesfs shatt be processed as a Minor Modification or Maior Modificationpursuant to Sec. 8111-6.1. No permit time extension for a wireless.communication

facitity shatt be rssued for a period that exceeds ten (10)

years.

The Planning Division is processing the Applicant's permit time extension request

as a Minor Modification because, pursuant to Section 81 11-6.1.2 of the NCZO,

the request does not require a change in the policy or CEQA findings of the

original CUP and no substantial change of use is requested.


standard.

E. CUP FINDINGS AND SUPPORTING EVIDENCE

The Planning Director must make certain findings in order to grant the CUP modificationpursuant to Section 8111-1.2.1.1 of the Ventura County NCZO. The ability to make the

required findings is evaluated below.


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1. The proposed development ¡s cons¡stent with the intent and prov¡s¡ons ofthe Gounty's General Plan and of Division 8, Chapters I and 2, of theVentura County Ordinance Gode [S8f I 1-1.2.1.1.a1.

Based on the information and analysis presented in Sections C and D of this staffreport, the finding that the proposed request for a CUP time extension for anexisting WCF is consistent with the intent and provisions of the County's GeneralPlan and of Division 8, Chapter 1, of the Ventura County Ordinance Code can bemade.

2. The proposed development is compatible with the character ofsurrounding, legally established development [SBf f t1.2.1.f .b1.

Based on the information and analysis presented in Sections C and D of this staffreport, the proposed request involves the continued use of existing WCF on thesubject property. No new development is proposed. The WCF is surrounded byseveral single-family homes and land that is primarily undeveloped anddesignated as Open Space. Planning staff determined that the existing WCF willnot degrade scenic resources and will not significantly obscure or alter publicviews of the surrounding ridgelines.

Based on the above discussion, this finding can be made

3. The proposed development would not be obnoxious or harmful, or impairthe utility of neighboring property or uses tSSf f 1-1.2.1.1.c1.

No significant adverse effects on neighboring properties or uses has beenidentified that would result from the proposed request. The VCFPD will continueto impose the flammable/combustible liquids condition of approval, the existinghazardous fire area building code requirements condition, and the existing fireextinguishers condition to ensure public safety. The EHD will impose a conditionwhich requires the Applicant to submit a HMBP if the quantity of diesel fuel andthe weight of the battery exceed certain thresholds. Also, the County will requirethe installation of an enclosure/cover for the existing backup generator to reducethe generator's noise to a level below the County's strictest nose standard.

Based on the above discussion, this finding can be made

4. The proposed development would not be detrimental to the public interest,health, safety, convenience, or welfare tS81 1 1 -1.2.1.1.d].

No significant adverse effect on the environment or detriment to the publicinterest will occur. The WCF is located on land previously cleared anddeveloped. The WCF is not located within a wetland and the project site does notcontain any critical habitat. The CUP Modification request does not involve newgrading or construction. Because the existing project site is located within a

Planning Director Statf Report for Case No. PL17-0155Plannins Director Hearins ". 5:3"i13i1?

migratory bird movement route, there is the potential for migratory birds to collide

with tne existing guy wires supporting each of the three existing towers. A new

CUP condition óf approval will be imposed requiring bird diverters (FireFly MET

Bird Diveder, https://pr-tech.com/product-cateqory/bird-divefters/ or equivalent)

to be installed and maintained on the existing guy wires to prevent migratory bird

collisions.

ln addition, the WCF project will not be detrimental to public health and safety.

The VCFPD will continue to impose the flammable/combustible liquids condition

of approval, the existing hazardous fire area building code requirements

condition, and the existing fire extinguishers condition to ensure public safety.

The EHD will impose a condition which requires the Applicant to submit a HMBP

if the quantity of diesel fuel and the weight of the battery exceed certain

thresholds. Also, the County will require the installation of an enclosure/cover forthe existing backup generator to reduce the generator's noise to a level below

the County's strictest nose standard.

Based on the above discussion, this finding can be made.

5. The proposed development, if allowed by a Conditional Use Permit, iscompatible with existing and potential land uses in the general area wherethe development is to be located [S8f f 11-2.1.1.e1.

For the reasons mentioned above (8.2 through E.4), the WCF project iscompatible with existing and potential land uses in the general area where the

development is located.


G. The proposed development will occur on a legal lot [Sections 8101-3.4 and8111-1.2.1.1f1.

The subject property is an 18-acre legal lot according to Parcel Map Waiver-LotLine Adjustment No. 477 (recorded Feb. 8, 1990; doc no. 90-020583)'


7. The proposed development is approved in accordance with the GaliforniaEnvironmental Quality Act and all other applicable laws.

As discussed in this Staff Report, Section B (above), this project is exempt from

CEQA review pursuant to Section 15301 of the CEQA Guidelines.


F PLANNING DIRECTOR HEARINGJURISDICTIONAL COMMENTS

Planning Director Statf Report for Case No. PL17-0155Planning Director Hearing on Feb. 14,2019

of 17

NOTICE, PUBLIC COMMENTS, AND

The Planning Division provided public notice regarding the Planning Director hearing ¡n

accordance with the Government Code (Section 65091) and Ventura County NCZOSection 8111-3.1. As less than 15 parcels of real property were included within a 300-foot radius of the subject property, the radius was expanded until the owners of at least15 parcels were notified by mail by the Planning Division. The Planning Division alsoplaced a legal ad in the Ventura County Star. As of the date of this document, nocomments have been received by the Planning Division.

The project site is located within the City of Simi Valley's Area of lnterest. Therefore, onAugust 13,2018 and December 19,2018 the Planning Division notified the City of SimiValley of the proposed project and requested the City to submit any comments that theCity might have on the proposed project. On January 2,2019 staff from the City of SimiValley's Department of Environmental Services replied by email that they have nocomments (Exhibit 6).

G. RECOMMENDED ACTIONS

Based upon the analysis and information provided above, Planning Division Staffrecommends that the Planning Director take the following actions:

1. CERTIFY that the Director has reviewed and considered this staff report and allexhibits thereto, and has considered all comments received during the public

. comment process;

2. FIND that this project is categorically exempt from CEQA pursuant to Section15301 of the CEQA Guidelines.

3. MAKE the required findings to grant a Minor Modification of CUP Case No. LU07-0130 pursuant to Section 8111-1.2.1 .1 of the Ventura County NCZO, based on thesubstantial evidence presented in Section E of this staff report and the entirerecord;

4. GRANT a Minor Modification of CUP Case No. LU07-0130, subject to theconditions of approval (Exhibit 4).

5. SPECIFY that the Clerk of the Planning Division is the custodian, and 800 S.Victoria Avenue, Ventura, CA 93009 is the location, of the documents and materialsthat constitute the record of proceedings upon which this decision is based.

The decision of the Planning Director is final unless appealed to the PlanningCommission within 10 calendar days after the permit has been approved, conditionallyapproved, or denied (or on the following workday if the 1Oth day falls on a weekend orholiday). Any aggrieved person may file an appeal of the decision with the Plann'ing


of 17

Division. The planning Division shall then set a hearing date before the Planning

Commission to review the matter at the earliest convenient date.

lf you have any questions concerning the information presented above, please contact

Charles Anthony at (805) 654-3683 or [email protected].

Prepared by: Reviewed bY:

Charles nifer , Manager

Commercial & Industrial Permits SectionVentura County Planning Division

Commercial & lndustrial Permits SectionVentura County Planning Division

EXHIBITSExhibit 2 - Aerial Location, General Plan and Zoning Designations, and Land Use Maps

Exhibit 3 - PlansExhibit 4 - Conditions of APProvalExhibit 5 - Engineer's lnformationExhibit O - emã¡l dated Jan. 2,2019 from the City of Simi Valley's Department of Environmental

Services to Charles Anthony, Case Planner

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REV¡SED Conditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.

Date of ptanning Director Hearing for Minor Modification:2-'14-2019 Location: 5000 Bennett Rd., Simi Hills

Date of lpprovã for Minor Modification: Page I of 18

DraftCONDITIONS OF APPROVAL FOR

LOTUS OXNARD WIRELESS COMMUNICATION FACILITYCONDITIONAL USE PERMIT NO. LUO7.O130

AS REVISED PURSUANT TO MINOR MODIFICATION CASE NO. PLI7.OI55

RESOURCE MANAGEMENT AGENCY CONDITIONS

Planning Division

1. Permitted Usesfne ConOit¡onal Use permit (CUP) is based on and limited to compliance with the project

description found in this condìtion below, County land use hearing exhibits in support of the

pro¡eci identified as Exhibit No. 3 of the Planning Director Staff Report for the February 14,

21ig hearing, and conditions of approval sr t forth below. Together, these documents

describe theÞroject. Any deviations from the Project must first be reviewed and approved by

the County in oider to determine if the Project deviations conform to the original approval'project dei¡ations may require Planning Director approval for changes to the permit or further

CEôA environmental'revíew, or both. Any Project deviation that is implemented without

requisite County review and approval(s) constitutes a violation of the conditions of this permit

and County Ordinance.

Project Description:

This permit authorizes the continued use of an existing non-stealth wireless communication

facility (WCF) on the subject property for an additional 1O-year period. The Project includes

three-eiisting,377 feet high WCF towers, existing cable guy wires to support the three existing

towers, an ãiist¡ng equiphent shelter/transmitter building (approx. 200 sq. ft.), and existing

chain link and w¡ie féncing around each of the three WCFs. Also, the Project includes a

backup generator (approx. 11 sq. ft.) to provide power when there is a failure in the power

supply pîovided Oy Sóutnern California Edison. The WCF Project is within an 11.1-acre CUP

nol'náirv on ApN 620-0-320-025. The wcF would continue to be unmanned and operate 24

hours a day, 365 days per year. No new grading or land clearing is permitted. The WCF

project doei not reqúire'water or sewer service. Access to the project site is provided by

Bennett Road.

2. CUP Modificationprior to undertat<Ng any operational or inauguration-related activity which is not expressly

described in these conditions or Project Description, the Permittee shall first contact theplanning Director to determine if the proposed activity requires a modification of this CUP. Theplannin! Director may, at the Planning Director's sole discretion, require the Permittee to file a

written and/or ."ppéo description ol the proposed activity in order to determine if a CUP

modification is required. lf a CUP modification is required, the modification shall be subject to:


PL1 7-0155Exhibit 4 - Conditions of Approval

REVISED Gonditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Gorp.Date of Pfanning Director Hearing for Minor Modification= 2-14-2O19 Location: 5000 Bennett Rd., Simi HillsDate of Approvalfor Minor Modification: Page 2 of 18

a) The modification approval standards of the Ventura County Ordinance Code in effect atthe time the modification application is acted on by the Planning Director; and,

b) Environmental review, as required pursuant to the California Environmental Quality Act(CEaA; California Public Resources Code, 521000-21178) and the State CEQAGuidelines (California Code of Regulations, Title 14, Chapter 3, 515000-15387), asamended from time to time.

3 Acceptance of Conditions and edule of Enforcement ResoonsesThe Permittee's acceptance of this CUP and/or commencement of inauguration and/oroperations under this CUP shall constitute the Permittee's formal agreement to comply with allconditions of this CUP. Failure to abide by and comply with any condition for the granting ofthis CUP shall constitute grounds for enforcement action provided in the Ventura CountyNon-Coastal Zoning Ordinance (2017, Article 14), which shall include, but is not limited to, thefollowing:

a. Public reporting of violations to the Planning Commission and/or Board ofSupervisors;

b. Suspension of the permitted land uses (Condition No. 1);

c. Modification of the CUP conditions listed herein;

d. Recordation of a "Notice of Noncompliance" on the deed to the subject property;

e. The imposition of civil administrative penalties; and/or

f. Revocation of this CUP.

The Permittee is responsible for being aware of and complying with the CUP conditions and allapplicable federal, state and local laws and regulations.

4. Time Limits for WCFa. Use inauguration:

1. The approval decision forthis CUP becomes effective upon the expiration ofthe 10-day appeal period following the approval decision, or when anyappeals of the decision are finally resolved.

2. This CUP shall expire and become null and void if the Permittee fails to obtaina Zoning Clearance to obtain building permits for certain existing WCFcomponents (e.9., backup generator). This Zoning Clearance must beobtained within 180-days from the granting or approval of this CUP (VenturaCounty Non-Coastal Zoning Ordinance, 2017, 58111-4.7). The PlanningDirector may grant a 180-day extension of time to the Permittee to obtain theZoning Clearance if the Permittee can demonstrate to the satisfaction of thePlanning Director that the Permittee has made a diligent effort to inauguratethe permitted land use (above), and the Permittee has requested the timeextension in writing at least 30 days prior to the 180-day expiration date.

REVISED Gonditions for Gonditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Gorp.

Date of planning Direcior Hearing for Minor Modification:2-14-2019 Location: 5000 Bennett Rd., Simi Hills

Date of lpprovãl for Minor Modification: Page 3 of l8

3. This CUP shall expire and become null and void if the Permittee fails to obtain

a Zoning Clearance for Use Inauguration within 18O-days from the issuance

of the fì-rst Zoning Clearance described in this condition (subsection 4.a'2)(Ventura County Non-Coastal Zoning Ordinance, _2017, S8111-4'7'). The

Planning Director may grant a 180-day extension of time to the Permittee to

obtain [ne Zoning Clearance for Use lnauguration if the Permittee can

demonstrate to the satisfaction of the Planning Director that the Permittee has

made a diligent effort to inaugurate the permitted land use (above), and thepermittee hás requested the time extension in writing at least 30 days prior to

the 180-daY exPiration date'

4. Prior to issuance of the Zoning Clearances, all fees and charges billed to that

date by any County agency, as well as any fines, penalties, and sureties,

must Oê pa¡¿ in full. After issuance of the Zoning Clearances, any final billed

processing fees must be paid within 30 days of the billing date or the County

maY revoke this CUP.

b. Permit Life or Operations Period:This CUp shall expire on February 14,2029. The lack of additional notification of the

expiration date provided by the County to the Permittee shall not constitute grounds

to continue the uses that are authorized by this CUP after the GUP expiration date.

The uses authorized by this CUP may continue after the CUP expiration date if:

L The Permittee has filed a permit modification application pursuant to $

8111-6 of the Ventura County Non-Coastal Zoning Ordinance prior toFebruary 7,2028; and

2. The County decision-maker grants the requested modification.

The uses authorized by this CUP may continue during processing of a timely-filed

modification applicatioñ in accordance with S 811 1-2.10 of the Ventura County

Non-Coastal Zoning Ordinance'

5. Consolidation of All Approved Exhibits and Permits

Purposeffithefacilityisoperatedincompliancewithotherfederal,stateor local government regulatory requirements, the Permittee shall obtain all necessary permits

or other documentation.

Requirement: The permittee shall comply with all applicable federal, state and local regulatory

requirements.

Documentation: The Permittee shall provide copies of permits or other correspondence to the

County planning Division for review and approval that demonstrates compliance with the other

agency requirements.

REVISED Conditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Planning Director Hearing for Minor Modification= 2-'14-2019 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page 4 of 18

Timing: The documentation shall be submitted to the Planning Division prior to the issuance ofthe first Zoning Clearance or as required by the permitting agency.

Monitoring and Reporting: The Planning Division shall maintain the documentation providedby the Permittee in the Project file. ln the event that the federal, state, or local governmentregulatory agency prepares new documentation due to changes in the Project or the otheragency's requirements, the Permittee shall submit the new documentation within 30 days ofreceipt of the documentation from the other agency.

6. Notice of CUP Requirements and Retention of CUP Conditions OnsitePurpose: ln order to assure compliance, all relevant parties shall be informed of permitrequirements.

Requirement: The owners of record, the contractors, and all other parties that participate inthe daily operation of the approved activities shall be informed, in writing, by the Permittee ofthe pertinent conditions of this CUP. The Permittee shall retain a copy of the CUP on the siteavailable for inspection by all interested parties.

Documentation: The Permittee shall provide a copy of a letter that informs all relevant partiesof the applicability of the CUP to the subject operation and facility. This letter shall also specifythe location of the copy of the CUP to be retained onsite.

Timing: Prior to the issuance of the first Zoning Clearance, the informational letter shall beprovided to the Planning Division. The copy of the CUP shall be retained onsite untilexpiration of this CUP.

Monitoring and Reporting: The Planning Division has the authority to conduct periodic siteinspections to ensure ongoing compliance with this condition consistent with the requirementsof $8114-3 of the Ventura County Non-Coastal Zoning Ordinance.

7. Recorded Notice of Land Use EntitlementPurpose: ln order to comply with $8111-8.3 of the Ventura County Non-Coastal ZoningOrdinance, a notice shall be recorded on the subject property that describes theresponsibilities of the Property Owner and Permittee for compliance with applicable permitconditions.

Requirement: The Permittee and Property Owner of record shall sign, have notarized, andrecord with the Office of the County Recorder, a Notice of Land Use Entitlement form furnishedby the Planning Division, for the tax assessor's parcel that is subject to this CUP.

Documentation: The Permittee shall provide to the Planning Division a copy of the recordedNotice of Land Use Entitlement.

REV¡SED Conditions for Gonditional use Permit No. LU07-0130 Permiftee: Lotus oxnard corp.

Date of planning Director Hearing for Minor Modification= 2-14-2o19 Location: 5000 Bennett Rd', Simi Hills

óãte ot lpprovãlfor Minor Modification: Page 5 of 18

Timing: The required documentation shall be provided to the Planning Division prior to the

issuance of the first Zoning Clearance'

Monitoring and Reporting: The County Planning Division shall maintain a copy of the

recorded ltot¡ce of Land use Entitlement in the project file.

nd

a. Cost Responsibilities: The Permittee sha ll bear the full costs of all County staff time,

materials, and County-retained consulta nts associated with condition compliance

review and monitoring, CEQA mitigatio n monitoring, other permit monitoring

program s, and enforcement activities, actions, and processes conducted pursuant

to the Ventura County Non-Coastal Zoning Ordinance (S 8114-3) related to CUP

Case No. LU07-0130. Such condition compliance review, monitoring and

enforcement activities may include (but are not limited to): periodic site inspections;

preparatio rì, review, and aPProva I of studies and reports; review of permit

conditions and related records; enforcement hearings and processes; drafting and

implementing comP liance agreements; and attending to the modification,

suspension, or revocatio n of permits. Costs will be billed at the rates set forth in the

Planning Division or other applicable CountY Fee Schedule, and at the contract

rates of County-retained cons ultants, in effect at the time the costs are incurred

Establishment of Revolving compliance Account: Pursuant to the requirements of

cup case No. LUOT-o130, the Resource Management Agency created condition

Compliance Case No. CC08-0006 tocompliance review, monitoring, and en

civil administrative penalties, regardingDivision will continue to use Condition C

the costs associated with conditionenforcement activities described in subsection 8.a (above), and any duly-imposed

civil administrative penalties regarding this CUP'

Within 10 calendar days of the effective date of the final decision approving the

Minor Modification to CUp Case No. LU07-0130, the Permittee shall submit a new,

updated, and completed reimbursement agreement for Condition Compliance Case

ño. CC0B-OOO6, in a form provided by the Planning Division, obligating thepermittee to pay all condition compliance review, monitoring, and enforcement

costs, and any civil administrative penalties, subject to the Permittee's right to

challenge all such charges and penalties prior to payment.

Monitoring and Enforcement Costs: The condition compliance account deposit and

reimbursement agreement are required to ensure that funds are available for

legitimate and aniicipated costs incurred for Condition Compliance. All permits

isõued by the planning Division may be sites inspected no less

than once every threJyears, unless the it require more frequent

inspections. These funds shall cover co compliance inspections

I

b

c.

REVISED Conditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Planning Director Hearing for Minor Modification= 2-14-2019 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page 6 of 18

or the resolution of confirmed violations of the conditions of this CUP and/or theVentura County Non-Coastal Zoning Ordinance that may occur.

d. Billing Process: The Permittee shall pay all Planning Division invoices within 30days of receipt thereof. Failure to timely pay an invoice shall subject the Permitteeto late fees and charges set forth in the Planning Division Fee Schedule, and shallbe grounds for suspension, modification, or revocation of CUP Case No.LU07-0130. The Permittee shall have the right to challenge any charge or penaltyprior to payment.

9. Defense and Indemnificationa. The Permittee shall defend, at the Permittee's sole expense with legal counsel

acceptable to County, against any and all claims, actions or proceedings againstthe County, any other public agency with a governing body consisting of themembers of the County Board of Supervisors, or any of their respective boardmembers, officials, employees and agents (collectively, "lndemnified Parties")arising out of or in any way related to the County's issuance, administration orenforcement of this CUP. The County shall promptly notify the Permittee of anysuch claim, action or proceeding and shall cooperate fully in the defense.

b. The Permittee shall also indemnify and hold harmless the lndemnified Parties fromand against any and all losses, damages, awards, fines, expenses, penalties,judgments, settlements or liabilities of whatever nature, including but not limited tocourt costs and attorney fees (collectively, "Liabilities"), arising out of or in any wayrelated to any claim, action or proceeding subject to subpart (a) above, regardlessof how a court apportions any such Liabilities as between the Permittee, theCounty and/or third pafties.

c. Except with respect to claims, actions, proceedings and Liabilities resulting from anlndemnified Party's sole active negligence or intentional misconduct, the Permitteeshall also indemnify, defend (at Permittee's sole expense with legal counselacceptable to County) and hold harmless the lndemnified Parties from and againstany and all claims, actions, proceedings and Liabilities arising out of or in any wayrelated to the construction, maintenance, land use or operations conductedpursuant to this CUP, regardless of how a court apportions any such Liabilities asbetween the Permittee, the County and/or third parties. The County shall promptlynotify the Permittee of any such claim, action or proceeding and shall cooperatefully in the defense.

d. Neither the issuance of this CUP, nor compliance with the conditions hereof, shallrelieve the Permittee from any responsibility othenruise imposed by law for damageto persons or property; nor shall the issuance of this CUP serve to impose anyliability upon the lndemnified Pafties for injury or damage to persons or property.

REVISED Gonditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Gorp.

oate of planning Director Hearing for Minor Modification:2-14-2019 Location: 5000 Bennett Rd., Simi Hills

Date of npprovã for Minor Modifìcation: Page 7 of 18

10. lnvalidation of Condition(s)lfanyotffinSofthisCUPareheldtobeinvalidinwholeorinpartbyacourt of competent jurisdiction, that holding shall not invalidate any of the remaining CUP

conditions or iimitations. ln the event that any condition imposing a fee, exaction, dedication, or

other mitigation measure is challenged by the Permittee in an action filed in a court of

competent-jurisdiction, or threatened to be filed therein, the Permittee shall be required to fully

.orþty w¡tn tn¡s CUp, including without limitation, by remitting the fee, exaction, dedication,

and/oi by otherwise performing all mitigation measures being challenged. This CUP shall

continue in full force unless, untll and only to the extent invalidated by a final, binding judgment

issued in such action.

lf a court of competent jurisdiction invalidates any condition in whole or in part, and the

invalidation would affect the findings and/or the mitigation measures associated with the

approval of this CUp, the County may review the project and impose substitute feasible

"änO¡¡ont/mitigation measures to address the subject matter of the invalidated condition in

accordance witfr the Ventura County Non-Coastal Zoning Ordinance, CEQA, and all other

applicable laws.

11. Consultant Review of lnformation and consultant worktnecounittingagenciesforthislandusehavetheoptionofreferring añy and all special studies that these conditions require to an independent and

qualifieã consultant for ieview and evaluation of issues beyond the expertise or manpower of

County staff.

prior to the County engaging any independent consultants or contractors pursuant to the

conditions of this óUp,-tf'ã Couniy shall confer in writing with the Permittee regarding the

necessary work to be contracted, as well as the costs of such work. Whenever feasible, the

County shall use the lowest bidder. Any decisions made by County staff in reliance on

consultant or contractor work may be appealed pursuant to the appeal procedures contained in

the ventura county Zoning ordinance code then in effect.

The permittee may hire private consultants to conduct work required by the County, but only if

the consultant aná the consultant's proposed scope-of-work are first reviewed and approved

by the County. The County retains the right to hire its own consultants to evaluate any work

that the permittee or a contractor of the Permittee undertakes. ln accordance with Condition

No. g above, if the County hires a consultant to review any work undertaken by the Permittee,

or hires a consultant to review the work undertaken by a contractor of the Permittee, the hiring

of the consultant shall be at the Permittee's expense'

12. Relationship of cuP conditions, Laws and other Permits

ThePermitteesha@andoperatetheCUPareaandanyfacilitiesthereonincompliance with all appl'rcable requirements and enactments of Federal, State, and County

authorities. ln the event of conflict between various requirements, the more restrictive

requirements shall apply. ln the event the Planning Director determines that any CUP condition

REVISED Conditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Planning Director Hearing for Minor Modification= 2-14-2019 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page I of 18

contained herein conf¡¡cts with any other CUP condition contained herein, when principles oflaw do not provide to the contrary, the CUP condition most protective of public health andsafety and environmental resources shall prevail to the extent feasible.

No condition of this CUP for uses allowed by the Ventura County Ordinance Code shall beinterpreted as permitting or requiring any violation of law, lawful rules or regulations, or ordersof an authorized governmental agency. Neither the issuance of this CUP, nor compliancewith the conditions of this CUP, shall relieve the Permittee from any responsibility otherwiseimposed by law for damage to persons or property.

13. 24-Hour Access ContactPurpose: ln order to facilitate responses to complaints, a contact person shall be designated

Requirement: The Permittee shall designate a contact person(s) or call line responsible torespond to complaints from citizens and the County regarding the uses permitted by this CUP.The designated contact person shall be available, via telecommunication,24 hours a day.

Documentation: The Permittee shall provide the Planning Director with the contactinformation (e.9., name and/or position title, address, business and cell phone numbers, andemail addresses) of the Permittee's field agent who receives all orders, notices, andcommunications regarding matters of condition and code compliance at the CUP site.

Timing: Prior to the issuance of the first Zoning Clearance, the Permittee shall provide thePlanning Division the contact information of the Permittee's field agent(s) for the project file. lfthe address or phone number of the Permittee's field agent(s) should change, or theresponsibility is assigned to another person, the Permittee shall provide the Planning Divisionwith the new information in writing within three calendar days of the change in the Permittee'sfield agent.

Monitoring and Reporting: The Planning Division maintains the contact information providedby the Permittee in the respective project file. The Planning Division has the authority toperiodically confirm the contact information consistent with the requirements of $8114-3 of theVentura County Non-Coastal Zoning Ordinance.

14. Resolution of ComolaintsThe following process shall be used to resolve complaints related to the project:

a) The Permittee shall post the office telephone number and hours of operations in avisible location on the site. The office phone number shall have an answering machinewhich shall accommodate voice mail messages on a 24-hour basis. Persons withconcerns about the wireless facility operations may directly contact the Contact Person.The internal resolution of issues by the Permittee is encouraged;

REVISED Conditions for Gonditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Gorp.

Oate of planning Director Hearing for Minor Modification= 2-14-2O19 Location: 5000 Bennett Rd., Simi Hills

Date of lpprovãl for llllinor Modification: Page 9 of l8

b) lf a written compla¡nt about this projecUCuP is received by the County, Planning staff

shall contact the permittee's Contact Person or the Permittee to request information

regarding the alleged violation; and,

c) lf, following a complaint investigation by Coun_ty staff, a violation of Ventura County

Code or a condition of this permit is confin ed, County enforcement actions pursuant to

s8114-3 of the Non-Coastal Zoning ordinance may be initiated.

15. Reportinq of Maior lncidentsPurposeffiningDirectorisnotifiedofmajorincidentsassociatedwith,orresulting from, the Project.

Requirement: The permittee shall immediately notify the Planning Director by telephone,

"rä¡1, FAX, and/or voicemail of any incidents (e.g., fires, explosions, spills, landslides, or slope

failures) that could pose a hazard to life or property inside or outside the CUP area.

Documentation: Upon request of any County agency, the Permittee shall provide a written

report of any incident that shall include but is not limited to: a description of the facts of the

incident; thscorrective measures used, if any; and, the steps taken to prevent a recurrence of

the incident.

Timing: The permittee shall provide the written report to the requesting County agency and

Planning Division within seven days of the request.

Monitoring and Reporting: The Planning Division maintains any documentation provided by

the Permittee related to major incidents in the CUP file'

16. Chanoe of Owner and/or PermitteePurposeForderofacititatecountymonitoringoftheconditionallypermitteduse,thepermittee shall notify the Planning Division of any change of ownership or Permittee.

Requirement: The Permittee shall submit written notices to the Planning Division that

disiloses the identity and contact information of any new owner(s) or Permittee(s).

Documentation: The Permittee shallfile with the Planning Division:

a) An initial notice that discloses the new name(s), address(es), telephone/FAx number(s),

and email addresses of the new owner(s), lessee(s), operator(s) of the permitted uses,

and the responsible corporate, partnership or business officer(s);

b) A final notice once the transfer of ownership and/or operational control has occurred;

and,c) A letter signed by the new Property Owner(s), lessee(s), and/or operator(s)_ of_the

permitted uises acinowledging and agreeing to comply with all conditions of this CUP.

REVISED Gonditions for Gonditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Planning Director Hearing for Minor Modification:2-14-2019 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page 10 of 18

Timing: The Permittee shall prov¡de the initial notice to the Planning Division at least 10calendar days prior to the change of ownership or change of Permittee. The Permittee shallprovide the final notice to the Planning Director within 15 calendar days after the effective dateof the transfer.

Monitoring and Reporting: The Planning Division shall maintain the notices submitted by thePermittee in the project file. The Division has the authority to periodically confirm theinformation consistent with the requirements of $8114-3 of the Ventura County Non-CoastalZoning Ordinance.

17. Maintenance of WCF Structures and FencinqPurpose: To ensure the maintenance of the fencing and structures of the wirelesscommunications facility is in compliance with the Ventura County General Plan ScenicResources Policy 1.7.2-2 and to ensure that the wireless communication facility is maintainedas illustrated on the approved plans and photo documentation.

Requirement: All fencing and structures approved as part of a wireless communicationfacility shall be maintained in good condition and in conformance with the approved plansduring the life of the permit.

Documentation: The Permittee shall provide plans to the Planning Division for review andapproval.

Timing: The Permittee shall maintain the WCF for the life of the permit.

Monitoring and Reporting: The Planning Division maintains copies of the approved plans in

the project file. The Planning Division maintains the photo documentation provided by thePermittee in the project file. The Planning Division has the authority to ensure ongoingcompliance with this condition pursuant to the requirements of $ 81 14-3 of the Ventura CountyNon-Coastal Zoning Ordinance.

18. Colors and MaterialsPurpose: To ensure the equipment shelter and backup generator include colors and materialsthat blend in with the surroundings pursuant to $ 8107-a5.4(o) of the Ventura CountyNon-Coastal Ordinance.

Requirement: The equipment shelter and backup generator shall be painted a uniform lightbrown or similar color so that the shelter/generator blend in with the surrounding naturalenvironment.

Documentation: The Permittee shall submit color samples to Planning staff for review andapproval. lf required by the Planning Division, the Permittee shall provide photographs toensure the equipment shelter and backup generator have been painted/finished in accordancewith the approved color samples and requirements of this condition.

REVISED Conditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.

Date of ptanning Director Hearing for Minor Modification= 2-14-2019 Location: 5000 Bennett Rd., Simi Hills

Date of Approva-tfor Minor Modification: Page 11 of 18

Timing: prior to the issuance of the first Zoning Clearance, the Permittee shall submit color

sampÈs to Planning staff for review and approval. Use

Inauþuration Zoning ólearance, Planning staff will review nduct

inspðctions to ensu-re the equipment shelter and backup ished

in åccordance with the approved color samples and requirements of this condition.

Monitoring and Reporting: Color samples approval, installation verification, monitoring

activities, ãnd enforcement ãctivities shall occur according to S 8114-3 of the Ventura County

Non-Coastal Zoning Ordinance. The Planning Division maintains the approved color samples

in the project file añd has the authority to conduct site inspections to ensure that the Permittee

colored/finished the equipment shelter and backup generator in accordance with the approved

color samples consistent with the requirements of S 8114-3 of the Non-Coastal Zoning

Ordinance.

19. Landscaping and ScreeningPurpose@entshelterandbackupgeneratorfrombeingprominentlyvisible from Bennett Road in accordance with S 8107a5.a(q) of the Ventura County

Non-Coastal Ord inance.

Requirement: The permittee shall retain a California registered landscape architect (or other

qu"iiti"d individual as approved by the Planning Director) to prepare a landscape plan that

complies with the requirements of this condition and the "Ventura County Landscape Design

Griteria" (1992).

Landscaping Objectives: The Permittee must install and maintain landscaping and screening

that serves the following functions:

a. Screens undesirable views or uses in natural settings. The Permittee must install

landscaping and screening to screen the equipment shelter and backup generator of the

wireless communication facility from Bennett Road.

b. provides visual relief. The Permittee must install landscaping that blends the equipment

shelter and backup generator with their surroundings.

c. Compliance with the California Department of Water Resources Model Water Efficient

Landscape Ordinance. lf more than 500 square feet of new landscaping is required to

screen the equipment shelter and backup generator from Bennett Road, the Permittee

must install 'landscaping that complies with the requirements of the California

Department of Water Reãources' Model Water Efficient Landscape Ordinance, which is

available on-line at: http://www.water.ca.gov/wateruseefficiency/landscapeordinance/.

Landscaping Design: The Permittee shall design all landscaping such that the landscaping

requires'miñimal amounts of water and uses required water efficiently, in accordance with the

*"ier efficiency requirements of the Landscape Design Criteria and the California Department

REVISED Gonditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Pfanning Director Hearing for Minor Modification= 2-14-2019 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page 12 of 18

of Water Resources Model Water Efficient Landscape Ordinance (if more than 500 square feetof new landscaping is required to screen the equipment shelter and backup generator), andmust achieve the following design objectives:

a. Use Available Non-potable Sources of Water. The landscaping must involve theharvesting and/or use of alternative, non-potable sources of water, includingstormwater, reclaimed water, and gray water, if available to the Project site.

b. Protection of Solar Access. The Permittee must design the landscaping to avoid theintroduction of vegetation that would now or in the future cast substantial shadow onexisting solar collectors or photovoltaic cells, or impair the function of a nearby buildingusing passive solar heat collection.

c. Create Viable Growing Environment. The landscape design must include onlynoninvasive plants and address the needs of the plants to ensure their health, long-termviability, and protection.

Documentation: The Permittee shall submit three sets of a draft landscape plan to thePlanning Division for review and approval. A California registered landscape architect (orother qualified individual as approved by the Planning Director) shall prepare the landscapeplan, demonstrating compliance with the requirements set forth in this condition (above) andthe Ventura County Landscape Design Criteria. The landscape architect responsible for thework shall stamp the plan. After landscape installation, the Permittee shall submit to PlanningDivision staff a statement from the project landscape architect that the Permittee installed alllandscaping as shown on the approved landscape plan. Prior to installation of the landscaping,the Permittee must obtain the Planning Director's approval of any changes to the landscapeplans that affect the character or quantity of the plant material or irrigation system design.

Timing: The Permittee shall submit the landscape plan to the Planning Division for reviewand approval prior to issuance of the first Zoning Clearance. Landscaping installation andmaintenance activities shall occur according to the timing requirements set forth in the"Ventura County Landscape Design Criteria" (S F)

Monitoring and Reporting: Landscaping approval/installation verification, monitoringactivities, and enforcement activities shall occur according to the procedures set forth in the"Ventura County Landscape Design Criteria" (SS F and G) and $ 8114-3 of the Non-CoastalZoning Ordinance. The Planning Division maintains the landscape plans and statement by thelandscape architect in the Project file and has the authority to conduct site inspections toensure that the Permittee installs and maintains the landscaping in accordance with theapproved plan consistent with the requirements of tS 8114-3 of the Non-Coastal ZoningOrdinance.

REVTSED Conditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.

Date of pfanning Director Hearing for Minor Modification= 2-14-2019 Location: 5000 Bennett Rd., Simi Hills

Date of Approva-l for Minor Modification: Page 13 of 18

20. Siqn Planpurpose: To ensure signage on the property complies with S 8107-45.4(t) and Chapter 1,

Article 1O of the Ventura County Non-Coastal Ordinance'

Requirement: A permanent, weather-proof identification sign(s) shall be displayed in a

prominent location such as eye level on the gate or fence surrounding the wireless

ôommunication facility or directly on the facility. The sign must identify the following:

a. current facility operator(s) and address;

b. type of use;

c. FCC-adopted standards; and,

d. 24-hour telephone number at which the operator can be reached during an emergency

Documentation: The Permittee shall submit a sign plan or equivalent to the Planning

Division. The sign plan or equivalent shall show the size, colors, materials, and elevation.

The permittee shãll bear the total cost of such review and approval. The Permittee shall be

responsible for obtaining a Zoning Clearance for any new or replacement sign to ensure that

the signage for the project continues to comply with the requirements of this condition'

Timing: prior to the issuance of the first Zoning Clearance, the Permittee shall obtain

approval of the sign plan from the Planning Division.

Monitoring and Reporting: The Planning Division maintains a stamped copy of the approved

sign plan or equivalent in the Project file. The Planning Division has the authority to conduct

pãrioOi" site inspections to ensure ongoing compliance with this condition consistent with the

requirements of g 8114-3 and S 8107-45.7 of the Ventura County Non-Coastal Zoning

Ordinance.

21. Bird DiverterA/isual MarkersPurpose-JoensuretlreexistingWcFProjectminimizesoravoidsimpactstomigratorybirdsthrough the addition of visual markers on the existing guy wires to prevent collisions (Ventura

CountyGeneral Plan Biological Resources Policy 1.5.2-1 and Ventura County Non-Coastal

Ordinance S 8107-45 4(k))

Requirement: The existing WCF Project is located within a migratory bird movemejìt route

(Neirad map, USGS). Bird diverters (specifically the, FireFly MET Bird Diverter,lers/ or equivälent) shall be installed and

maintained on the existing guy wires to prevent migratory bird collisions. The dimensions of the

rectangular acrylic, plastic bird diverters shall be 3.5" x 6.25" and shall be installed approx.

every 30 feet on the existing guy wires.

Documentation: The Permittee shall submit an example of the Bird Diverter to Planning staff

for review and approval.

REVISED Conditions for Gonditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Planning Director Hearing for Minor Modification:2-14-2O19 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page 14 of 18

Timing: Prior to the issuance of the first Zoning Clearance, the Permittee shall submit an

example of the Bird Diverter to Planning staff for review and approval. Prior to the issuance ofthe Use lnauguration Zoning Clearance, Planning staff will review photo documentation and/orconduct inspections to ensure the Bird Diverters are installed in accordance with therequirements of this condition.

Monitoring and Reporting: Approval, installation verification, monitoring activities, andenforcement activities shall occur according to $ 81144 of the Ventura County Non-CoastalZoning Ordinance. The Planning Division shall maintain one Bird Diverter in the Project file andhas the authority to conduct site inspections to ensure that the Permittee maintains the Bird

Diverters in accordance with the requirements of this condition and with the requirements of $8114-3 of the Non-Coastal Zoning Ordinance.

22. Backup Generator NoisePurpose: The existing backup generator for the WCF is a noise generator as defined byVentura County General Plan Noise Policy 2.16.2-1. The closest noise-sensitive use (asingle-family dwelling unit) is located offsite approx. 300 feet northwest of the backupgenerator. This condition is imposed to ensure outdoor noise levels at the exterior wall of theclosest dwelling do not exceed County noise standards.

Requirement: A Stage One Enclosure shall be installed over/around the existing backupgenerator to reduce the generator's noise to a level that does not exceed the noise standardsof Ventura County (VC) General Plan Noise Policy 2.16.2-1(4) at the closest noise-sensitiveuse (a single-family dwelling unit) located offsite approx. 300 feet northwest of the backupgenerator. The Stage One Enclosure shall conform to or be consistent with the SpecificationSheet for the Diesel Generator Set, Cummins Power Systems lndustrial 25KW standby rated.

Planning staff conducted analysis and determined that the Stage One Enclosure will reducethe backup generator's noise to levels that do not exceed the noise standards of Noise Policy2.16.2-1(4).

Documentation: The Permittee shall provide documentation (e.9., photographs, receipts,written statements, etc.) to the Planning Division for review and approval verifying theCummins Stage One Enclosure has been obtained and installed over/around the backupgenerator in accordance with the requirements of this condition.

Timing: Prior to the issuance of the first Zoning Clearance, the Permittee shall submit therequired documentation (described in the Documentation section above) to the PlanningDivision staff for review and approval. Prior to the issuance of the Use lnauguration ZoningClearance, Planning staff will review photo documentation and/or conduct inspections toensure the Stage One Enclosure is installed in accordance with the requirements of thiscondition.

Monitoring and Reporting: Approval, installation verification, monitoring activities, andenforcement activities shall occur according to $ 81 14-3 of the Ventura County Non-Coastal

REVISED Conditions for Conditionat Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.

Date of pfanning Director Hearing for Minor Modification:2-14-2019 Location: 5000 Bennett Rd., Simi Hills'ó"iã ór npprovã¡for Minor Modification: Page l5 of 18

Zoning Ordinance. The planning Division shall maintain copies of the documentation in theprojeõt file and has the authority to conduct site inspections to ensure that the Permittee

maíntains the Stage One Enclosure in accordance with the requirements of this condition and

with the requirements of S 8114-3 of the Non-Coastal Zoning Ordinance.

23. Equipment Shelter and Backup Generator: Buildinq Permits

Purpos-treexistingequipmentshelterandbackupgeneratorfortheWCFProjectWereapproved by the gtañting ót cup Case No. LUOT-0130 in 2008. However, County staff

determined that n-"ce.sãry final building permits were never obtained for the existing

equipment shelter and baðkup generator. The necessary final building permits (electrical,

stiuótural, or other) are required-in accordance with Ventura County Building Code Section

105.1. - Permits Required.

Requirement: The necessary final building permits (electrical, structural, or other) must be

obtained from the Ventura County Resource Management Agency - Building & Safety Division

(Building & Safety Division) for the existing equipment shelter and backup generator.

Documentation: Copies of the final building permits (electrical, structural, or other) from the

Building & Safety Division for the existing equipment shelter and backup generator.

Timing: Upon issuance of the first Zoning Clearance to the Permittee, the Permittee shall

obtain the necessary building permit(s) (electrical, structural, or otheQ for the equipment

shelter and backup gênerator.-Prior to the issuance of the Use Inauguration Zoning Clearance,

the permittee wili plovide the final building permits for the equipment shelter and backup

generator to Planning staff.

Monitoring and Reporting: Approval, installation verification, monitoring activities, and

enforceme-nt activities shall occur according to S 8114-3 of the Ventura County Non-Coastal

Zoning Ordinance. The Planning Division shall maintain copies of the documentation in theprojec-t file and has the authority to conduct site inspections to ensure that the Permittee

maíntains equipment shelter and backup generator in accordance with the requirements of this

condition and with the requirements of $ 81 14-3 of the Non-Coastal Zoning Ordinance.

24.purpose: ln compliance with S 8111-6.2 of the Ventura County Non-Coastal..Zoning

Ordinance and in order to ensure that the use of the subject property remains compatible with

existing and potential uses of other property within the general area, the communication facility

shall be removed if this CUP expires or if the facility is abandoned.

Requirement: Upon the expiration of this CUP, or abandonment of the use, the Permittee

shall:a) notify the County that the Permittee has discontinued the use of the facility;

b) remove the facility and all appurtenant structures; and,

REVISED Conditions for Gonditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Planning Director Hearing for Minor Modification:2-14-20'19 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page 16 of 18

c) restore the premises to the conditions existing prior to the issuance of the permit,to the extent feasible, as determined by the Planning Director.

ln the event that the Permittee fails to perform the required actions, the Property Owner shallbe responsible for compliance with the requirements set forth in this condition. The facility shallbe considered to be abandoned if it has not been in use for 12 continuous months.

Documentation: The Permittee shall provide photos of the site after restoration is completed,to the County Planning Division.

Timing: The Permittee shall complete the notification, removal, and restoration activities within180 days of the expiration of this CUP, or abandonment of the use, unless the PlanningDirector grants (in writing) additional time.

Monitoring and Reporting: The Planning Division has the authority to conduct periodic siteinspections to ensure compliance with this condition consistent with the requirements of $8114-3 and $ 8107-45.7 of the Ventura County Non-Coastal Zoning Ordinance.

25. LiohtinqRestrictionsAny new exterior lighting shall be hooded and fully-shielded, and no unobstructed beam ofexterior light of lighting glare shall be directed over or beyond property lines or directed towardany area along any adjoining roadway.

26. Groundinq Wire SionaoePrior to Zoning Clearance for Use lnauguration, signage must be placed indicating the locationof the underground grounding wires. These signs should clearly state that undergroundinfrastructure is located beneath and no agricultural operations or construction related activitiesshould take place above these grounding wires.

27. Approved Site PlanThe following site plan reflects the authorized structures and development of the subjectfacility. The information provided in this condition of approval is augmented and refined by thesite plans maintained in the project case file.

REVTSED Conditions for conditional use Permit No. LU07-0130 Permittee: Lotus oxnard Gorp.

Date of planning D¡recior Hearing for Minor Modification:2-'14-2019 Location: 5000 Bennett Rd., Simi Hills

Date of Approval for Minor Modification: Page 17 of 18

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REVISED Conditions for Conditional Use Permit No. LU07-0130 Permittee: Lotus Oxnard Corp.Date of Pfanning Director Hearing for Minor Modification:2-14-2019 Location: 5000 Bennett Rd., Simi HillsDate of Approval for Minor Modification: Page l8 of ,l8

Environmental Health Division

28. Hazardous Materials ManaqementA Hazardous Materials Business Plan shall be submitted to the Environmental HealthDivision/Certified Unified Program Agency (Ventura CUPA) if hazardous materials in quantitiesare equal to or greater than 500 pounds solid, 55 gallons liquid, or 200 cubic feet at standardtemperature and pressure for a compressed gas is handled and/or stored. lf hazardouswastes are generated, an EPA lD number issued by the California Department of ToxicSubstances Control must be obtained and maintained in active status.

VENTURA COUNTY FIRE PROTECTION DISTRICT CONDITIONS

29. Fire Code PermitThe applicant shall obtain a Fire Code permit, prior to use, if the stationary lead-acid batterysystem has a liquid capacity of more than 100 gallons or if any individual lead-acid batteriesexceed 20 gallons each. A Fire Code Permit will be required for any flammable / combustibleliquids used / stored for emergency generator(s).

30. Hazardous Fire AreaPortions of this development may be in a Hazardous Watershed Fire Area and thosestructures shall meet hazardous fire area building code requirements.

31. Fire ExtinquishersFire extinguishers shall be installed in accordance with the Fire Code. The placement ofextinguishers shall be subject to review by the Fire Department.

Eng i neer's I nformation


PLl 7-01 55Exhibit 5 - Engineer's lnformation

THOMAS M. ECKELS, PE

SmpuEw S. LocKvrooD, PE

DAVID J. PINION, PE

Ep¡r C. SwlNsoN, PE

THOMAS S. GomoN, PE

MAURY L, HA.ITIELD, PE

(1942 - 2009)

PAUL W. LEONARD, PE

(r92s ,20lr)Jnræs B. HATFIELD, PE

BENJAMIN F. DAWSON IU, PE

CONSULTANTS

September 4,2018

Jennifer SchollCommercial & lndustrial Permitting ManagerVentura county Resource Management Agency - Planning Division

800 S. Victoria Ave., L #1740Ventura CA 93009 - 1740jen nifer.scholl@ventu ra. org

Re: RF Engineering Review of Existing AM Broadcast Station KIRN, Simi Valley, California'

INTRODUCTIONln accordance with the Ventura County NCZO code, I have reviewed the RF engineering

circumstances of the Lotus Corporation's application for the renewal of the CUP for AM broadcast

station KIRN licensed to SimiValley, and the technical questions regarding the operation of KIRN that

you have have raised in your August 23th email to Erik Nagy, Senior Planner and Land Use

Consultant, Jensen Design & Survey, lnc.

FACILITY DESCRIPTIONStation KIRN transmits on a frequency of 670 kHz from a three-tower antenna array a14850 Bennett

St., Simi Valley, CA. The towers are not antenna support structures; each tower is an actual antenna

element of the aïay, and together they work in concert to shape the KIRN radiation pattern.

KIRN provides one-way broadcast communications, it does not receive RF signals. This is just one of

the wáys that it differs irom a two-way cellular personal Wireless Communication Facility (WCF).

There are no other radio frequencies, radio towers or WCFs utilized in propagating the KIRN glgnal'

This is unlike a cellular personal wireless communications network which utilizes multiple WCFs in a

multiple frequency reuse plan to provide two-way communications to subscribers. Unlike cellular

netwòrks, the KliN coverage area and interference situation differs from day to night.

HATFIELD & DAWSONCoNsulrmc EI-BcrntcRr ENcINEERS

9500 GnpBxrwooD AvB. N.SBRTTI-p, WASHTNGTOI.¡ 98 1 03

TELEPHoNE (206) 783-915 I

FAcsTMILE (206) 789-9834

E-u,q.n pinion @ hatdaw.com

BACKGROUNDAM broadcasting in the medium wave band was a maturing RF technology nearly a century before the

wide spread defloyment of present day cellular networks. The differences between AM broadcasting

facilities and ceílular WCFs are profound. To a very large measure, they are dictated by the basic laws

of physics.

2

The laws of physics come into play because of the long wavelength of the KIRN signal which isinversely proportional to the KIRN operating frequency. The requirement for the KIRN antennaarray to efficiently radiate electromagnetic energy is directly related to wavelength. At the KIRNfrequency of 670 k{z, at the lower end of the medium wave AM broadcast band, thewavelength is about 450 meters, just under 1500 feet.

Compare this to the 1.5 foot wavelength in the 650 MHz frequency band, which is the lowestfrequency band used for cellular personal wireless systems. The wavelength of the KIRNsignal is at |east 1000 times longer than the wavelengths of cellular personal wirelesssignals. Therefore the KIRN towers must be much taller than cellular WCF antennas.

According to FCC records, each KIRN tower is 114,9 meters or 377 feet tall. Each tower isapproximately 114 wavelength, or 90 electrical degrees tallat the KIRN operating frequency inthe medium wave RF frequency band. An efficient antenna needs to have an electrical lengthof approximately 114 of a wavelength long, which is the FCC authorized height of the KIRNtowers.

A further difference between the medium wave frequency uses and those which are used forcellular and other two way radio purposes is the method of propagation of the signal. At theVHF and higher frequencies, the propagation is by a "space-wave" which resembles light in thatthe desired signal is greatly attenuated if the transmission facility is very far distant from thereceiver. lt's for this reason that cell systems use many sites (and many closely spacedfrequencies) to provide coverage, and those facilities are generally located in areas of highhuman occupancy. Two-way radio systems (and VHF and UHF broadcasting stations)generally use naturally elevated locations that can see a wide area. VHF and UHF - FM andTV- stations generally have a single transmitting site because they don't have dozens orhundreds of simultaneous different signals like a portable telephone system requires. Neitherof these kinds of transmitting facilities requires very tall antenna support structures if located onelevated terrain. And in general their antennas, which are mounted on towers or masts merelyto support them above nearby vegetation and urbanization clutter, are only a few feet inaperture height, because of the very short wavelengths.

Medium wave AM broadcast stations require much taller antenna structures because thestructure itself is the antenna, and therefore needs to be an appreciable percentage of awavelength to be efficient. Medium wave AM broadcasting stations very often use antennasthat are an array of individual tower structures in order to directionalize the signal for bestservice, or to prevent interference to other uses of the same or nearby frequencies. Thepropagation method which provides usable signal to the service area is "groundwave" whichpropagates along the surface of the earth, and for this reason the antenna is provided with anextensive ground radialsystem, generallyto a radius of at least 1/4 wavelength from theantenna tower bases, and thus occupying several acres.

The result of these profound differences in the antenna requirements to provide acceptableservice is that land use requirements should not consider them by the same "one size fits all"stipulations.

Hatfield & Dawson Consulting Engineers

3

Height limitations on structures dictated by the requirements of cellular personal WCFs (or even

two-way radio systems for public safety and other purposes) are completely inappropriate formedium frequency AM broadcast purposes. As a consequence, localjurisdictions often issue

extensive waivers of those types of limitations to AM broadcast stations. There is at least one

court case in which a state supreme court found that arbitrary height limits, when applied to

stations like KIRN, were invalid because of its conflict with the requirements of the FCC for AM

broadcasting stations. Those requirements were, of course, dictated by the FCC's

understanding of the physics, based on many decades of theoretical analysis and practical

experience.

KIRN CUP ISSUESYour August 23d e-mail to Mr. Nagy outlines a number of requirements regarding antenna

height and propagation matters. These are summarized as follows:

1. Why current tower height is necessary or why lowering the height would reduce efficiency,

2. Description of how KIRN functions.

3. ls the present site the only transmitting site for KIRN?

4. Could fewer towers be used?

5. Could shorter towers be used?

6. Provide coverage maps of existing vs. reduced tower height operation.

7. Statement that no other towers or WCFs are used for KIRN's 670 kïz signal transmission

8. Why is KIRN located where it is?

9. Are there alternative sites?

Note that items 1 and 5 are essentially the same question.

The following information, in addition to the background material supplied earlier, will respond to

these requirements.

1. As noted in the background material, the requirements for efficient transmitting antennas are

directly dependent upon wavelength. Good engineering practice for medium wave AM

broadcasting antennas requires that they also have acceptable bandwidth to allow proper

program transmission with reasonable signal bandwidth for fidelity, and to allow proper

tranlmitter operation without current and voltage faults. Additionally, they must be designed forgood stability of operation.

Hatf,reld & Dawson Consulting Engineers

4

The KIRN antenna towers are 114 wavelength in height because that is a good engineeringsolution for desirable electrical characteristics. An antenna array could be constructed withshorter towers, but such a reduction in tower height would exhibit undesirable electricalperformance, instability of operation, and would cause the station to operate outside of FCCauthorized parameters.

2. The KIRN antenna system is directional. That is, it radiates the majority of its energy to thesouth, and minimizes radiation toward the half-circle arc to the north. A copy of the horizontalplane radiation pattern included with this letter shows this clearly. There are two purposes forthe directional antenna arcay. The first is to allow KIRN to operate without creating interferenceto other broadcasting stations on the same and adjacent frequencies. The second is to providea desirably high level of signal over the intended market area. For these reasons, the site islocated to the north of the City of Simi Valley and the nearby populated areas, with thedirectional antenna array of three towers pointing south in an "end fire" configuration.

The directional antenna feed system functions by supplying the proper currents - in bothmagnitude and phase relationship - to each of the towers. The towers themselves are, ofcourse, the radiating elements of the antenna system. Because the individual towers arecoupled to one another, their input electrical characteristics are each different. So the power

supplied to each of them is different.

For a given radiation pattern those electrical characteristics will be different if the tower height ischanged, and as antenna towers are reduced in height below 1/4 wavelength thosecharacteristics will become less desirable.

For example, the drive impedance of the southerly tower in the present KIRN antenna system isapproximately 6.5 ohms resistance and 12 ohm reactance. This is a reasonably low value ofresistance, but the reactance is also relatively low, and so the electrical behavior of this towercan easily be accommodated in the design of the feed system, and will be stable.

lf the three antenna towers were to be reduced in height to 70 electrical degrees (about 285feet) the electrical drive characteristics of the southerly tower would become approximately 2.2ohms resistance and -98 ohms reactance. This would result in greater power losses in thesystem, and the stability and bandwidth of the antenna would be considerably less desirable.The result would also be a reduction in the service area, as is shown on the accompanyingmap. Any further reduction in the height of the antenna towers would only exacerbate thissituation.

3. While it would be possible for the antenna system to be located at a different site, it wouldhave to be very similar to the present site, and located in very much the same area. lt wouldhave to be similar in size as well, to allow proper spacing and orientation of the antenna towers,and to accommodate the necessary ground radial system - well over 20 acres.


5

4. lf KIRN were to operate with only 2 towers instead of 3, the station's daytime power level

would have to be reduced extremely significantly, to a level of about 500 watts, 10% of the

present 5000 watt operation. Nighttime a power level of about 250 watts, also significantly

iower than the present 3000 watts, would be required.

lf only one tower were employed, KIRN's operation would be reduced to about 95 watts at

night, and daytime to something on the order of 150 wa any of the

présent interfêrence/overlap values with other stations. e authorized

by the FCC since it would result in a lower daytime valu ned by

añtenna etficiency and power input) than is permitted by the applicable rules.

S. As noted in items (1) and (2) above, reduced tower height would produce undesirable

antenna performance as well as reduced coverage.

6. Maps of day and night 10 mV/m coverage for both the present licensed operation and for

operatìon if thé tower nLignts were reduced to 70 degrees (-285 feet) are included.

7. There are no other radio frequencies, radio towers or WCFs utilized in propagating the KIRN

signal.

g. The current location was selected because of the required 20+ acre area and because of its

distance and orientation with respect to Simi Valley and the market area of eastern Ventura

County and adjacent western San Fernando Valley. The factors determining the configuration

of the antenna are noted in item (2) above.

g The topography and land development of the immediate area make it highly unlikely that any

alternative site is practical. ltem (3)discusses this as well'

There are no other antenna towers in the vicinity of the present KIRN antenna which would

provide acceptable or even FCC authorized operation. The only other existing antenna

structures over 40 meters in height (which is less than 1/1Oth wavelength at KIRN's frequency)

within 10 kilometers of the KlRNsite are the two 44 meter masts which support the High

Adventure Ministries shortwave antenna at Chatsworth Peak. The Chatsworth Peak site is not

suitable for an antenna for KIRN because of its rough topography, location with respect to Simi

Valley, and limited area.

coNcLusloNThe heights of the KIRN towers cannot be significantly reduced, nor can the number of towers be

decreasãd, without compromising the reliable FC C authorized operation of the station.

Furthermore it is not feasible to relocate the station from its present location.


6

QUALIFICATIONSI am a Senior Member of the IEEE. As a partner in the firm of Hatfield & Dawson ConsultingEngineers I am registered as a Professional Engineer in the States of California, Washington,Oregon, and Hawaii. I am an experienced radio engineer with over 35 years of professionalengineering experience, whose qualifications are a matter of record with the FederalCommunications Commission, and I hold an FCC General Radiotelephone Operator License PG-12-21740.

All representations contained herein are true to the best of my knowledge

September 4,2018

IrD

David J. Pinion, P.E. CA PE Renewal Dale 1213112019


Ant , Chuck

From:Sent:To:Cc:

Subiect:

Follow Up Flag:Flag Status:

David Pinion < [email protected]>Monday, September 10,2018 1:32 PM

Scholl, JenniferAnthony, Chuck; frik Nagy; [email protected]; Ben Dawson

Re: RF Engineering review letter for KIRN with responses to ltem #1

Follow upFlagged

Jennifer,

Thank you for the background material. lt appears that the process that lead to the unreasonable height limits for AM

broadcast towers in Ventura County ignored the underlying physics that require AM towers, which are actually

antennas, to be a significant fraction of the AM operating wavelength. The wavelengths of AM radio signals vary from a

maximum of 555 meters (1g21 feet) at 540 kilohertz (kHz), the lowest AM carrier frequency used in the united states for

broadcast stations, to a minimum of 176 meters (579 feet) at 1700 kHz, the highest carrier frequency at the upper end

of the AM expanded band. The wavelength of the KIRN signal at the low end of the AM spectrum is approximately 1470

feet. All of the KtRN towers are 377 feet tall which is one-quarter of a wavelength or approximately 90 electrical degrees

tall. This is a near optimum tower height given the economic goal of building the shortest and fewest towers possible

while still meeting engineering constraints and the requirements of the FCC rules.

AM broadcasters do not arbitrarily choose to construct tall towers, and it is certainly not ¡n their interest to do so' They

construct towers of specific heights in order to provide as much coverage as possible to populated areas while ensuring

the stable and reliable operation of their stations, and they have been constructing stations in this way in the US and

around the world for the past century. There is no practical way to "miniaturize" AM broadcast towers given the mosaic

of constraints imposed on AM facilities by the laws of radio physics, and the rules of authorization imposed by the FCC.

Here are my responses to your questions regarding height and propagation with respect to the three propagation

figures. The yellow color is a feature of the base map used for all three figures, and yellow represents "metropolitan

areas,, where KIRN seeks to provide coverage to the populations concentrated in those areas. The figures show that the

KIRN facility is designed to cover as much population as is practical while maintaining the radiation pattern limits

required to prevent interference to other stations to the north and east of Simi Valley.

The signals from AM stations travel through both the ground and the air, as opposed to the higher frequency signals

used by cellular WCFs that travel primarily through the air. AM broadcast signals travel much farther than those from

other WCFs. Therefore the scale factor of the coverage figures was chosen to reflect the extent of the KIRN

coverage. Thus all three figures have the same 1:1 million scale factor'

The figures were chosen to show the extent of the station's nighttime coverage in terms of various RF field strength

levels. Nighttime coverage was chosen for these figures because the FCC requires KIRN to transmit at a lower power

level at night in order to avoid interference to other AM stat¡ons, Most AM radio stations are required by the FCC's rules

to reduce their power or cease operating at night in order to avoid interference to other AM stations. Therefore

nighttime coverage can be considered the worst-case (most limited coverage) during the 24 hours of daily KIRN

operation.

FCC rules governing the daytime and nighttime operation of AM radio stations are a consequence of the laws of physics,

just as the same laws govern the minimum height of AM towers. Because of the way in which the relatively long

1

wavelengths of AM radio signals interact with the ionized layers of the ionosphere miles above the earth's surface, thepropagation of AM radio waves changes drastically from daytime to nighttime. This change in AM radio propagation

occurs at sunset due to radical shifts in the ionospheric layers, which persist throughout the night. During daytime hours

when ionospheric reflection does not occur to any great degree, AM signals travel principally by conduction over thesurface of the earth. This is known as "groundwave" propagation. Useful daytime AM service is generally limited to a

radius of no more than about 100 miles (162 km), even for the most powerful stations.

However, during nighttime hours the AM signals can travel over hundreds of miles by reflection from the ionosphere, a

phenomenon called "skywave" propagation. Because of this change in signal propagation from daytime to nighttime, ifevery AM station kept its daytime operating power at night, massive interference would result. Nighttime propagation

for AM signals is calculated using a combination of the FCC's skywave calculations and ground conductivitycalculations. Stations operating at night also have to protect the root-sum-square (RSS) limit, sometimes called"interference free" or "interference limited", service areas of other stations. Calculation of nighttime intgrferencelimited service is accomplished by evaluating the signals on co- and first adjacent frequencies in order of decreasing

magnitude by adding the squares of the values and extracting the square root of the sum, excluding those signals whichare less than 50% of the RSS values of the higher signals already included.

All three coverage figures show various nighttime service contours based on the 3 kW radiation pattern shown in the"KIRN Night Radiation Pattern" figure (AM_Pattern_Plot_Night.pdf), and the ground conductivity in the area. Note thatthe night radiation pattern figure includes green X marks which define arcs of maximum radiation limits in variousdirections towards protected co- and adjacent channel stations. The maximum radiation pattern limits are one of theconstraints that determine the location of the station, and the number of towers required to shape the directionalpattern in order to avoid interference while directing the maximum radiation towards the intended coverage areas.

All three coverage figures show the predicted extent of field strengths in terms of "Service Contours." The medianvalues of field strengths within the area circumscribed by a service contour are predicted to be greater than or equal tothe service contour field strength value in mV/m. "Color temperature" type coverage maps, which are often used forcellular WCFs, are generally not used for representing AM station coverage.

The 25 mV/m (millivolt per meter, red line) and the 7 .2 mV /m interference limited (blue line) service contours forlicensed nighttime operation are shown on the "Night 25 Coverage 25 mV/m and lnterference Limited" figure(Night_25_NlF_Coverage_Map.pdf). These two field strength contour values define the maximum and minimumaccepted values for establishing nighttime coverage. A 25 mV/m or higher field strength is required to receive AMprogramming in industrial and "business district" areas or other locations with high levels of signal attenuation and high

ambient RF noise levels. The7.2 mV/m field strength is the minimum required to receive KIRN programming in thepresence of interfering skywave signals from other stations.

The intermediate 10 mV/m (red line) service contour on the "Nighttime 10 mV/m (High Quality Signal Level" figure(Night_Coverage_lO_mVm.pdf) for licensed nighttime operation circumscribes the KIRN primary service area where thegroundwave signal is not subject to objectionable interference or objectionable fading. A 10 mV/m or higher fieldstrength value is necessary for high quality AM service in urbanized areas.

The "Nighttime L0 mV/m Coverage with Towers Reduced to 70 Degree Height" figure(Night_Coverage_70_Deg_Towers.pdf) shows the same primary service area as described in the previous paragraph butwith the tower heights reduced from the existing licensed 377 foot heights to approximately 290 feet tall, which is 70

electrical degrees tall at the KIRN 670 kHz operating frequency. With 70 degree towers the operating impedance ofsouthern most KIRN tower becomes unreasonably low in resistance and high in reactance. This would not be good forthe stable and effective operation of KIRN, and operation with towers shorter than 70 degrees becomes increasingiy

nonviable.

I hope that this answers all of your remaining questions.

2

Regards,

David

On 9/7l21t8 10:57 AM, Scholl, Jennifer wrote:

David - thank you for your letter and diagrams. I am providing you withsome background from Ventura County regarding the cl-assification and zonì'ng

ordinances that apply to'wireless communication facil-ities' in order for you

to better understand my questions regarding the KIRN towers '

In March 2012, the Ventura County Board of Supervisors directed the PlanningDivision staff to prepare ordinance amendments to create developmentstandards for wireless cor:nmunication facilities (including AM and FM radiotowers) withln the County. This amendment process resufted in numerous publicmeetings includlng hearings before the Pfanning Commission and Board ofSupervisors to address public and industry concerns refated to the need forincreased regulati-on and standards to al-low existing and new facil-ities tocontinue to ãperate in Ventura County' As a resuft, Ventura County Board ofSupervisors adopted a new Wireless Communication Facitity (WCF) ordinance(g107-45) in Maich 2015 (Board of Supervisors Board Letter attached).Sectj-on B1O7-45ff outlines applicable requirements for new and existing WCFs'

The Board of Supervisors direction and intent was to reduce visual bliqhtassociated with the increased proliferation of WCFs in the County. As a

result, the permit process for VfCFs requires appticants to demonstrate thetechnical need for the location, height, co-location opportunities, massing,

screening, etc. when a facitity exceeds the height l-imits for a preferredstealth wcF (greater than 8O-feet tall), Planning Division staff are requiredpursuant to Nòzo Section 8107-45ff to determine whether the exj-sting orproposedheightofanon-stealthfacilityiswarranted.AsstatedintheÑCZO, it is ih. r"=ponsibility of the appticant to demonstrate conformancewith the requirements. The ordinance cfearly states that CUP modificatj'onsfor continued use of VTICFs (lO-year extensi-ons) are required to demonstratewhether the existing facilities conform and to confirm whether the needed

height and Iocation of the facility are warranted' Technological advances

Suggest,thatinmanycases,WCFsmaynolongerneedtoapproachorexceed300-feet in height. I realize that you may not understand the backgroundassociated with the Ventura County regulations and whether these regulationsapply to radio towers. Providins justification for the height throughpiàpãqation studies or other technical studies that define and supportbroadcasting range are key for staff to evaluate the requested CUP

extensions.

I appreciate the material-s that you sent to me, although we do realize thedifference between radio tower frequencies and celfular/microwave towerfacilities. For the purposes of the County's regulations, the attached Board

of Supervisors fetter clearly shows that the County's definition of'wj-relesscommunication facifities' incl-udes a broad range of communication facifities,including AM radio towers. With that said, I have reviewed your materials and

I find that your explanation about afternative sites is acceptabl-e. However,

my questions regarding height and propagation remain mostly because I need tounderstand what the yelJ-ow color represents on the three figures. At thescale of these figurãs, it is not clear what you are showing, especially inrelated to the appfication materiafs that state the specific range of theKIRN service area.

My goal is to receive a letter from you that addresses the specific questionsthat come straight out of the County's zonlng ordinance pursuant to 8107'45

ff (which I have attached in its entirety) as there is no need for you toemphasize the difference between ceftular facifities and an A-[4 radio tower'

3

Pfease fet me know if this background is heJ-pful. I feel that we are gettingcl-oser to acceptable justifications on l-ocation and height.

JenniferJennifer SchoflCommercial- & Industrial- Permitting Managerj ennif er. schol-l-Gventura. org

Ventura County Resource Management Agency I

p. (80s) 654-5]-92 | F. (80s) 654-2509800 S. Victoria Ave., L #1740 | Ventura, CAVisit the Pl-anning Division website at vcrmaVentura County Generaf Plan Update. Join theFor online permits and property information,

Vlith 70 degree towers the drive tobecomesunreasonably low R and high -JX.And station operation with towersincreasingly nonviabl-e.

Planning Division

93009-1740. orglplanningconversation at VC2040. orgvisit VC Citizen Access

the l-ow power south tower

ft woufd not be a good design.shorter than 70 degrees becomes

Pursuant to the Cafifornia Pubfic Records Act, emaif messages retained by theCounty may constitute public records subject to discfosure.

-----Original- Message-----From: Davld Plnion <pinionGhatdaw.com>Sent: Thursday, September 06, 2018 10:17 AMTo: Scholl-, Jennifer (Jennifer.Scholfßventura.org>Cc: enagyGJDSCIVIL.COM; [email protected]; Anthony, Chuck(charl-es . anthonyGventura . orÇ> r' Ben Dawson (dawsonGhatdaw. com>Subject: RF Engineering review l-etter for KIRN with responses to ltem #1

Jenni fer,

f've been asked to send this response material- directly to you while Erik andJason work on responses to the other items.

Regards,David

Here are the descriptions of the exhibits with comments:

1. KIRN Radiation Patterns - produced by FCC Radj-at program atDaypower fevel-, and by commerciaf software program AMPro showingNightinterference protections as green Xs

2. Coverage maps showing 10 mV/m for ficensed night and for samepattern with 70 degree towers. We use 10 mV/m coverage contourvafue because that is the val-ue that is necèssary for highquality AM service in urbanized areas.

2. Nì-ght 25 and NIF (nighttime interference free) contours.

4

KIRN

Freq: 670 kHz

Class: BLat¡tude:34-19-10 N

Longitude: 118-42-56WPower:3 kWRMS:573.3 mV/m @1km# Towers: 3

# Augs: 0

Scale 'l:1,000,000

FFt'n0102030

Nighttime10 mV /m(Hiqh QuatítySignal Level )

Freq: 670 kHz

Class: B

Latitude:34-19-10 N

Longitude: 118-42-56 W

Power: 3 kW

RMS: 550 09 mV/m @1km# Towers: 3

# Augs: 0

KIRN

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Scale 1:1,000,000

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Nighttime10 mV/m

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Class: B

Lat¡tude:34-19-10 N

Longitude: 118-42-56 W

Power:3 kWRMS: 573.3 mV/m @1km# Towers: 3

# Augs: 0

KIRN

Scale 1:1,000,000

km0t02030

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CalI: KIRNFreq: 670 kHzSIMI VA.I,LEY, CA, US

Hours: NLat: 34-19-10 N

Lng: 118-42-56 I{Power: 3.0 k[{ - custom QValue Used: 19,6Theo RMS: 573.35 mv/mG1km

@ 3.0 k!,r

Freq: 670 kHz

Class: BLatitude: 34-1 9-10 N

Long¡tude: I 1842-56 WPower:3 kW

RMS: 573.3 mv/m @1km# Towers: 3

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Anthony, Chuck

From:Sent:To:

Sean Gibson < [email protected] >

Wednesday, January 2,2019 7:46 AMAnthony, Chuck

FW: Permit time extension request for an existing wireless communication facility at

5000 Bennett Rd., Simi Valley areaSubject:

Hi Chuck,

I have reviewed the project description and plans. The City of Simi Valley does not have any comments at this

time. Thank you for reaching out to us.

Sean

Sean Gibson, AICP Senior PlannerDepartment of Environmental Services

City of Simi Valley(8os) s83-6383(80s) s83-7922 (fax)sgi bso n @ si m iva I lev.o rg

From: Anthony, Chuck Imailto:charles.anthony@ventura,org]Sent: Wednesday, December 19, 2018 4:24 PM

To: EnviroservicesSubject: Permit time extension request for an existing wireless communication facility at 5000 Bennett Rd,, Simi Valleyarea

Dear Mr. Drago or Planning staff,

I am a Senior Planner with the Ventura County Planning Division. Please see the attached Ventura County Planning letterrequest for your comments, recommendations, andlor questions about the applicant's request for a CUP time extension

for three existing wireless communication facility towers (and existing supporting structures) located at 5000 Bennett

Road (which is in the City of Simi Valley's Area of lnterest).

lf you need any additional information or have any other questions, please contact me

Thank you,

Charles AnthonySenior PlannerCommercial & lndustrial Permits SectionVentura County Planning Division80s.654.3683


PL17-0155Exhibit 6 - Email dated Jan. 2,2019

from the City of Simi Vattey

4. to the...planning director staff report for case no. pl17-0155 planning director hearing on feb....

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