This chapter applies to all wireless telecommunications facilities existing and proposed to be located within the corporate boundary of the city of Loma Linda, except wireless telecommunications facilities in the public right-of-way which are subject to Chapter 17.96.
The intent of the wireless communications ordinance is to promote general compatibility with other electrical and communication facilities in the city and to find locations for said facilities that are compatible with the height, mass and visual character of surrounding buildings and public facilities by applying the same standards and aesthetic considerations to such facilities as apply to buildings and public facilities in the zone district in which they are proposed.
In applying these standards and any specific standards that will apply to such facilities, the planning commission will consider wireless communication facilities as accessory structures, subject to the following considerations for the same:
A. 
As accessory facilities they should not be the visually dominant structure in the area and therefore should be:
1. 
Located at the rear of properties away from street frontages;
2. 
Located to the rear of buildings to allow the buildings to be the primary focus of the property from the public street;
3. 
In compliance with the height limit of the zone or allowed to exceed the height limit slightly if in a less prominent location;
4. 
Located near other tall structures or landscape features so as to reduce its visual presence;
5. 
Provided with a landscaped surrounding especially trees that will reduce its visual dominance;
6. 
Provided with architectural or decorative features that provide the structure with proper proportion and balance as a structure;
7. 
Colored in a manner to blend with its surroundings;
8. 
Added to a building as an architectural component of the building, which means that its structure or a parent structure should respond to other architectural features of the building.
But in no case should a wireless communication facility be so dominant as to compromise the architecture of the host building.
B. 
City-owned property should be given priority as potential sites for the placement of wireless communication facilities.
(Ord. 592 § 1, 2001; Ord. 755 § 4, 2019)
Each wireless communication facility requires either an application for a minor precise plan of design or a conditional use permit. Both types of projects shall meet all the requirements described below. The minor precise plan of design application shall be reviewed and approved by the community development director. Conditional use permits shall require the approval of the planning commission.
(Ord. 592 § 2, 2001; Ord. 778, 11/14/2023)
All wireless communication facilities permitted in this section shall be subject to the following findings. These are in addition to any applicable criteria outlined in Chapter 17.30, Administration, for the city of Loma Linda or the criteria for a minor precise plan of design application.
A. 
There is adequate space on the property for the wireless communication facility and accessory wireless communication equipment. Adequate space shall mean that the wireless communication facility will not be in conflict with existing buildings or other structures on the property, or reduce required parking, landscaping or other property improvements based on city development standards.
B. 
The design and placement of the wireless communication facility and accessory wireless communication equipment will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood (i.e., encroach on walkways or openings, block or impair valuable views of or from the subject property or nearby properties).
C. 
The wireless communication facility and accessory wireless communication equipment as proposed are consistent with the intent of this part and comply with the general standards for all wireless communication facilities and special standards for ground-mounted structures below.
D. 
The operation of the facility will not cause Radio Frequency Interference (RFI) to any of the city's communication operations including public works department, public safety department and San Bernardino County sheriff's department radio systems, other radio and communications systems, computer and/or electronic equipment, and SCADA facilities. In addition, the operation of the facility will not cause RFI to Loma Linda University, Loma Linda University Medical Center, Jerry L. Pettis Veterans Medical Center, Loma Linda University Community Medical Center, or other medical or educational related facilities' communications operations, computer equipment, and/or sensitive medical research and/or testing equipment, or to other consumer electronic products (i.e., televisions, radios, amateur radios, cordless telephones or other communications devices, hearing aids, or stereos), or to railroad communications, control or telemetry systems.
(Ord. 592 § 3, 2001; Ord. 778, 11/14/2023)
A. 
Wireless communication facilities shall comply with all applicable building codes and shall not be erected or used except as permitted.
B. 
Wireless communication facilities and accessory wireless communication equipment shall be located, installed, and mounted in a manner to minimize to the greatest extent possible the visibility of the antennas and equipment.
C. 
Wireless communication facilities and accessory wireless communication equipment shall be painted in nonreflective matte finished shades designed to be compatible with the surrounding site and neighborhood.
D. 
Wireless communication facilities and accessory wireless communication equipment shall be screened from view by an existing structure, or by constructing screening that blends in with the adjacent scenery or structures in color and form, or landscaping where constructed screening cannot occur. If landscaping is required, trees shall be a minimum twenty-four inch box size.
E. 
The need for stealth-designed facilities (i.e., slim-line monopole, mono-palm, mono-pine, water tower, clock tower, windmill, weather vane, flag pole, sculpture or other interesting and artistic visual form) shall be determined by the planning commission based on the aesthetics and character of the area surrounding the project site and the appropriateness and compatibility of the proposed design with other existing features and structures in the area.
F. 
No advertising, signs, or lighting shall be incorporated or attached to any wireless communication facility or accessory wireless communication equipment, except as required by the city's building division or federal regulations.
G. 
The height of the proposed wireless communication facility shall be justified by the need for such height to effectively provide services by the applicant through a radio frequency analysis subject to review and approval by the city. The analysis shall be prepared by a qualified engineer and shall include the required technical information and an executive summary written in layman's terms.
(Ord. 592 § 4, 2001)
A. 
Ground-mounted structures and wireless communication facilities and/or accessory wireless communication equipment shall not be located within or project into any required setbacks of the underlying land use district.
B. 
Ground-mounted structures and wireless communication facilities or wireless communication accessory equipment shall not be located or project within ten feet of any right-of-way of a street, freeway, or railroad line.
C. 
Ground-mounted structures for wireless communication facilities shall not be located on lots developed with residential uses nor within one hundred feet of any residential zone and/or residential use.
D. 
The height of a ground-mounted structure shall be compatible with that of the surrounding neighborhood so that existing trees or other tall elements of the neighborhood can serve as a backdrop for the antenna and ground-mounted structure. No ground-mounted structure shall exceed the height limit of the underlying land use district without the review and approval of the planning commission. In the absence of a height limitation in a land use district, the maximum height of a ground-mounted structure shall be sixty-five feet.
E. 
A new ground-mounted structure shall not be located within eight hundred feet of an existing ground-mounted structure for a wireless communication facility except in a temporary situation wherein a new structure is replacing an existing structure for purposes of locating more than one wireless communication facility on the structure (co-location).
F. 
If co-location is not feasible due to height restrictions, the height allowance may be increased by an additional fifteen feet to provide for co-location provided that the planning commission determines that the increased height will have less visual impact than two such structures of lower height located in close proximity to one another, and that the increased height of the structure will be consistent with the character of the surrounding development.
G. 
All security fencing shall be of a material, color, and design that is consistent and compatible with the character of the surrounding development or environment.
H. 
Ground-mounted structures, including accessory equipment, shall be screened or architecturally or stealth designed (i.e., mono-palm, mono-pine, water tower, clock tower, windmill, weather vane, and sculpture or other interesting and artistic visual form and, antenna incorporated into existing light standards, flag poles, or building signs) if the planning commission determines that there is a need to mitigate negative aesthetic impacts and achieve compatibility with the surrounding site and neighborhood.
(Ord. 592 § 5, 2001)
The following wireless communication facilities are permitted with an approved conditional use permit. Noticing requirements and standards and any applicable special standards are contained in the following subsections. An environmental determination shall be made for all such projects pursuant to the California Environmental Quality Act.
A. 
Roof-mounted, panel-or whip-style antennas that extend more than twenty feet above the height of the building or structure on which the wireless communication facilities are mounted, that exceed the height limit of the underlying land use district by more than ten feet, and that are visible from the perimeter of the structure and any public right-of-way or adjacent residential uses.
B. 
Wireless communication facilities and accessory wireless communication equipment mounted to a pole, monopole or other freestanding structure constructed primarily for the purpose of supporting or housing one or more wireless telecommunication facilities.
C. 
Conditional Use Permit—Compliance Review. A conditional use permit for a wireless communication facility shall be reviewed for compliance with the conditions of approval by the planning commission or granting authority three years from the date of effective approval. As part of this review, the planning commission or granting authority shall have the discretion to determine if changes in cellular technology warrant retrofit or adjustment of the project, and shall have the discretion to impose additional conditions on the project, require an amendment to the conditional use permit, or revoke the conditional use in its entirety.
(Ord. 592 § 6, 2001)
The following wireless communication facilities are permitted with a minor precise plan of design application and the approval of the community development director. Such projects shall be exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines.
A. 
Panel- or whip-style antennas that are attached to the side or facade of an existing building or other structure (facade-mounted) where: (1) the wireless communication facilities are clearly ancillary to the primary purpose of the structure upon which they are mounted; and (2) the wireless communication facilities do not extend above the height of the structure; and (3) the wireless communication facilities are architecturally integrated with the structure and not visible (or barely visible) from the public right-of-way and/or adjacent residential uses.
B. 
Roof-mounted, panel- or whip-style antennas that extend no more than twenty feet above the height of the building or structure on which the wireless communication facilities are mounted, and do not exceed the height limit of the underlying land use district by more than ten feet, and are set back from the perimeter of the structure such that they are not visible from the public right-of-way and/or adjacent residential uses.
C. 
Self-contained, "shoe box" sized transmitter/receivers, having exterior dimensions of no more than sixteen inches in length, twelve inches in width, eight inches in depth, and minor ancillary equipment such as brackets, photo cell adapter, electrical power cord and whip antenna not exceeding four feet in length, mounted on existing utility poles, light standards, traffic safety lights, street sign poles, commercial signs or similar structures. No such wireless communication facility shall be permitted on any decorative city-owned light poles such as those located on Barton Road.
D. 
Minor Precise Plan of Design Application — Compliance Review. A minor precise plan of design application for a wireless communication facility shall be reviewed for compliance with the conditions of approval by the granting authority three years from the date of effective approval. As part of this review, the granting authority shall have the discretion to determine if changes in cellular technology warrant retrofit or adjustment of the project and shall have the discretion to impose additional conditions on the project, require an amendment to the minor precise plan of design application, or revoke the permit approval in its entirety.
E. 
All other types of wireless telecommunication facilities shall be reviewed by the planning commission and subject to the issuance of a conditional use permit.
(Ord. 592 § 7, 2001; Ord. 778, 11/14/2023)
Conditions of approval shall be imposed on any permit and architectural approval granted to ensure compliance with the intent of this section, the required standards and findings of the section, and the protection of the public health, safety, and general welfare, including aesthetic considerations. The permit shall not become effective until all applicable conditions of approval have been met. The wireless communication facility shall comply with the conditions of approval throughout the life of the project.
Conditions shall include, but shall not be limited to, the following:
A. 
The applicant shall agree to indemnify, hold harmless, and defend the city its officers, agents, and employees from any and all liability or claims that may be brought against the city from its approval or a permit.
B. 
A copy of the applicant's lease with the property owner shall be submitted to the community development department prior to issuance of a building permit for the wireless communication facility. If the lease is extended or terminated, notice and evidence thereof shall be provided to the community development director. Upon termination or expiration of the lease, the wireless communication facility shall be removed within ninety days.
C. 
Certification of continued use of each approved facility shall be submitted on a yearly basis at the time of business license renewal for as long as the facility remains in operation. The certification shall indicate that the facility is operating as approved and that the wireless communication facility complies with the most current Federal Communications Commission (FCC) safety standards. Facilities that are no longer in operation shall be removed within ninety days after the date of discontinuation.
D. 
If no annual certification is provided, the director of community development may commence proceedings to revoke the conditional use permit for the wireless communication facility. Prior to revocation of a permit, the community development director shall provide the owners of record written notice of their failure to provide the annual certification and inform them of the revocation hearing before the planning commission.
E. 
Prior to the issuance of a building permit for the wireless communication facility, the applicant may be required to provide a deposit with the city for removal of the facility and any accessory wireless equipment if such facility is found to be abandoned or the conditional use permit is revoked by the planning commission.
F. 
Notice of change of ownership of the wireless communication facility shall be provided to the city within thirty days of title transfer.
G. 
Periodic Safety Monitoring. The wireless telecommunications service provider shall submit to the director, ten days after installation of the facilities and every two years thereafter, a certification attested to by a licensed engineer expert in the field of EMR/RF emissions that the facilities are and have been operated within the then current applicable FCC standards for RF/EMF emissions, and current applicable standards established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to EMF and RFR. The report shall be written in plain English.
H. 
Within ten days of commencement of the operation and as otherwise requested by the public works department and public safety department, the operation of the facility shall be tested and evaluated to the satisfaction of the public works and public safety departments that the facility will not cause RFI to any of the city's communication operations including public works, public safety departments and San Bernardino County sheriff's department radio systems, other radio and communications systems, computer and/or electronic equipment, and SCADA facilities. In addition, the operation of the facility will not cause RFI to Loma Linda University or Loma Linda University Medical Center communications operations, computer equipment, and/or sensitive medical research and/or testing equipment, or to other consumer electronic products (i.e., televisions, radios, amateur radios, cordless telephones or other communications devices, hearing aids, or stereos), or to railroad communications, control or telemetry systems.
I. 
All changes and/or modifications to an approved wireless communication facility shall require prior approval by the city.
J. 
All graffiti and other forms of vandalism shall be promptly removed and/or repaired within forty-eight hours of notification.
K. 
Warning Signs. Signage shall be maintained at the facility identifying all wireless telecommunications facility equipment and safety precautions for people nearing the equipment as may be required by any applicable FCC-adopted standards, including the RF radiation hazard warning symbol identified in ANSI C95.2-1982, to notify persons that the facility could cause exposure to RF emissions.
L. 
Fencing. Fencing, barriers or other appropriate structures or devices to restrict access to the facilities shall be maintained.
M. 
Lighting. The use of lighting shall not be allowed on wireless communication facilities unless required as a public safety measure. Where lighting is used, it shall be shielded to prevent glare on adjacent uses.
N. 
Emergency Contact. The service provider shall provide signage as required, including phone numbers of the utility provider, for use in case of an emergency. The signs shall be visibly posted at the communications equipment/structure.
(Ord. 592 § 8, 2001)
A. 
Setbacks. Setbacks shall be determined in each case with minimum setbacks to be consistent with those required by applicable zone. Additional setback requirements shall be determined by the planning commission to mitigate potential aesthetic and land use impacts, or by the city engineer for safety in the event of collapse.
B. 
Residential Zones. Wireless communication facilities shall be prohibited in all residential zones except when such facilities are associated with permitted nonresidential uses such as parks, church towers, schools, and light standards, and comply with the standards set forth in this chapter. Ground-mounted, freestanding, wireless communication facilities are prohibited in residential districts on private or public property.
(Ord. 592 § 9, 2001)
A. 
The applicant shall provide an analysis of alternative types of wireless communication facilities for all roofmounted antennas and wireless communication facilities requiring construction of ground-mounted structures that cannot be screened from view from the public right-of-way or adjacent properties by existing structures or landscaping.
B. 
The alternative analysis shall evaluate multiple alternatives in terms of the height, design and location of the wireless communication facility, and shall demonstrate that the proposed height, design and location are necessary and that visual impacts have been minimized to the greatest extent possible.
C. 
The city may, after notification to the applicant, contract with a radio frequency engineering firm to verify technical assertions made in an applicant's alternative analysis. The cost of the verification shall be the responsibility of the applicant.
(Ord. 592 § 10, 2001)
A. 
Building Codes. All wireless communication facilities shall be installed and maintained in compliance with the city building codes.
B. 
Periodic Inspection. all wireless communication facilities shall be subject to periodic inspections by the city to ensure compliance with all the conditions of approval.
C. 
Modifications. No modifications or additions shall be made to approved wireless communication facilities or accessory wireless communication equipment without prior review and approval of the review authority of the city.
D. 
Abandonment. Any wireless communication facility or accessory wireless communication equipment abandoned for a period of ninety days shall be removed and the site returned to its original state or as otherwise directed by the city to ensure that site improvements installed as part of the project are not disrupted.
E. 
Revocation of Permit. Failure to comply with all conditions of approval shall be grounds for revocation of the permit.
(Ord. 592 § 11, 2001)
A. 
Fees. All applicable processing and impact fees shall apply.
B. 
City Property. In cases where a wireless communication facility is proposed on city property, compensation (such as a lease agreement) shall be negotiated by the city manager on a case-by-case basis and all standards in this chapter shall apply.
C. 
Master Plan/Site Analysis. Prior to project review and approval, the applicant shall provide the city with a detailed description of the type of service provided, and an estimate of the future needs. Information shall be provided that illustrates why the site was selected, and what made the proposed site better than other sites in the area (i.e., technical requirements, costs, and site availability).
D. 
Elevations. Prior to project review and approval, the applicant shall provide the city with dimensioned elevations of the wireless communication facility and accessory wireless communication equipment, indicating the width of structural pole(s) and dimensions of each sector antenna, color and material finish of the facility.
E. 
View Simulation Photo. Prior to project review and approval, applicants shall provide the city with a view simulation study containing scale, and depicting antenna and ancillary facility dimensions. The view simulation study shall include a reference sheet indicating the point at which each view simulation photo was taken.
F. 
Written Justification. Prior to project review and approval, the applicant shall provide the city with a written justification explaining why the requested height of the wireless communication facility is necessary.
G. 
Submittal Requirements. Applications for conditional use permits or minor precise plan of design applications shall include all of the submittals listed as required for those application types and any additional items required by this chapter or deemed necessary and appropriate by the reviewing authority and/or city staff.
(Ord. 592 § 12, 2001; Ord. 778, 11/14/2023)
The following notification requirements shall apply to all applications for wireless communication facilities permitted in this section:
A. 
For a minor precise plan of design application, the community development director shall provide notification to the planning commission and adjacent property owners of the proposed project site.
B. 
For a conditional use permit, the community development director shall provide notification to the planning commission, city council and owners of property within three hundred feet of the proposed project site.
C. 
Notices shall be sent not less than ten days prior to any action taken on the application. Projects subject to the California Environmental Quality Act (CEQA) shall comply with the notice requirements for public pursuant to the CEQA guidelines.
(Ord. 592 § 13, 2001; eOrd. 778, 11/14/2023)
If any person shall violate any of the provisions of this chapter, or fail to comply with any of the mandatory requirements of this chapter, he or she shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance shall be punishable by: (1) a fine of not more than one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; and (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. Each such person shall be deemed guilty of a separate offense for every day during such portion of which any violation of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided by this section.
(Ord. 592 § 14, 2001)