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)
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. 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)