Whittier Municipal Code Ch. 12.56 Wireless Telecommunication Facilities in the Public Right-of-Way

A. Prior to the installation of any new, modified or expanded wireless telecommunication facility within the public right-of-way, the review and approval of a development review application shall be required to ensure compliance with this chapter. All such development review applications shall be reviewed and approved by the Directors of Community Development and Public Works.

B. Prior to the installation of any new or expanded wireless telecommunication facility within the public right-of-way, the applicant shall obtain an encroachment license/permit from the Director of Public Works in addition to the written consent of all entities that hold ground or air space rights that will be encroached upon by the wireless telecommunication facility's antennas, equipment or related infrastructure.

C. All wireless telecommunication facilities shall be subject to the submittal and development standards contained herein in addition to Sections 18.47.20 (Definitions), 18.47.80 (Maintenance), 18.47.090 (Master plan of wireless telecommunication facilities), 18.47.110(B) (Lease agreements for wireless telecommunication facilities), 18.47.130 (Removal of wireless telecommunication facilities) and 18.47.140 (Emergencies and disasters) of the Whittier Municipal Code.

(Ord. No. 2918, § 2, 2-10-09)

All applications for wireless telecommunication facilities within the public right-of-way shall be accompanied with the following:

A. All city processing fees.

B. A location map illustrating the closest major cross streets to the proposed wireless telecommunication facility location.

C. A site plan illustrating the exact location and size of all proposed wireless telecommunication facility antennas, equipment and related infrastructure necessary for its operation within the public right-of-way.

D. A fully dimensioned and scaled site plan that illustrates the following information within one hundred fifty feet of the proposed wireless telecommunication facility:

i) The distance between all new and existing wireless telecommunication equipment and all other infrastructure within the public right-of-way such as, but not limited to, other existing telecommunication equipment, utility poles, light poles, fire hydrants, bus stops, traffic signal poles and above and below ground utility equipment vault(s).

ii) The distance and location of adjoining properties lines abutting the public right-of-way, curbs, driveway approaches, easements, walls, water and sewer lines, and parkway trees from the wireless telecommunication facility.

iii) The immediate adjacent land uses and building locations.

iv) The full width of the public right-of-way.

v) The location and width of all existing sidewalks, parkway landscape planters, and easements.

E. Construction details concerning the location and placement of the cellular antennas, equipment vault and related infrastructure.

F. All conduit locations between the wireless telecommunication antennas and the infrastructure necessary to operate the antennas.

G. A detailed photograph of the exact location of all proposed wireless telecommunication facility antennas, equipment and related infrastructure within the public right-of-way. Additional photographs shall also be provided to document the existing setting of the wireless telecommunication facility within one hundred fifty feet to the north, south, east and west of the proposed facility with a corresponding location map key documenting where each photograph was taken.

H. An accurate and detailed photo simulation of the exact location all proposed wireless telecommunication facility antennas, equipment and related infrastructure that is to be placed within the public right-of-way.

I. The height of all wireless telecommunication facility antennas, as measured from the top of the antenna(s) to the finished grade directly below.

J. A narrative explaining why the applicant chose the project location for a telecommunication facility.

K. Spot or contour elevations on the project location to demonstrate any grade changes.

L. All proposed grading and drainage modifications.

M. All future wireless telecommunication facility antennas and operating equipment that will/may be located at or near the project site, if known.

N. A landscape plan illustrating the following information:

i) The location of all existing parkway landscape planters within the public right-of-way that will be created, modified or eliminated as part of the proposed wireless telecommunication facility.

Q. The size and species of all existing, modified or new parkway landscape material that will be affected due to the new wireless telecommunication facility.

R. A propagation map illustrating the existing coverage gap in telecommunication service the new facility will cover.

S. A radio-frequency (RF) study prepared by a qualified, independent, RF engineer, deemed acceptable by the Director of Public Works, documenting that the new or modified telecommunications facility will not exceed maximum RF emission limits, as set by the Federal Communication Commission, for maximum human exposure. The RF study shall include all proposed and existing telecommunication antennas at maximum operational capacity.

T. Any additional information deemed necessary by the Director of Public Works to evaluate the proposed telecommunication facility and its construction impact to the existing infrastructure and design of the public right-of-way.

(Ord. No. 2918, § 2, 2-10-09)

A. General Requirements.

1. No wireless telecommunication facility shall interfere with any existing or new emergency communication system at any time.

2. Wireless telecommunication facilities shall comply with all local, state and federal regulatory requirements.

3. In no case shall any part of a wireless telecommunication facility alter vehicular circulation or parking within the public right-of-way, nor shall it impede vehicular and/or pedestrian access or visibility along any public right-of-way.

4. No wireless telecommunication facility shall interfere with the normal operation of any existing land-use(s).

5. All wireless telecommunication facilities shall comply with the City's Noise Ordinance at all times.

6. All wireless telecommunication facilities shall be singularly and collectively (if multiple cellular providers exist on a single structure or site) be designed to ensure that the maximum Electro Magnetic Radiation exposure limits for human health does not exceed the Federal Communication Commission's maximum human health exposure limits.

7. All wireless telecommunication facilities shall be designed and located to eliminate or substantially reduce their visual and aesthetic impacts upon the surrounding public rights-of-way and adjacent properties. To accomplish this goal, all wireless telecommunication facility antennas and supporting equipment shall be developed with the intent of locating and designing such facilities in the following manner and order of preference (from top to bottom):

a. Antennas:

i) On an existing public utility pole

ii) On a new public utility pole

b. Telecommunication Facility Equipment: Shall be located within an underground equipment vault only. Above ground equipment vaults are prohibited. In addition, the wireless telecommunication communication provider shall pay for all street and sidewalk excavation and repairs for the installation of all necessary telecommunication equipment and indemnify the City of Whittier against any claims of injury arising from the wireless providers excavation and repairs to the public right-of-way;

c. Site Location:

i) Within the public right-of-way and does not require the removal of existing parkway trees, reduce the size of any parkway landscape planters and will not require any modifications to the existing location of any infrastructure within the public right-of-way;

ii) Within the parkway landscaping and requires only minor alternations to the existing parkway landscaping (including the planter size) and/or infrastructure.

iii) All wireless telecommunication facility antennas, equipment and related infrastructure shall be prohibited in all center street medians, whether landscaped or not.

8. No wireless telecommunication facility shall have a bright, shiny or reflective finish. Instead, all facilities shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and the on-site improvements immediately surrounding the facility.

9. All colors and designs shall be integrated and compatible with the surrounding on-site buildings/structures.

10. Any technological stealthing improvements or upgrades that can be made to an existing telecommunication facility shall be made upon the modification or expansion of an existing facility.

B. Signage. There shall be no on-site advertising or signage on any portion of a wireless telecommunication facility, except that required by law and/or as may be required by the City of Whittier.

C. Lighting. No wireless telecommunication facility structure may be illuminated unless specifically required to do so by any applicable governmental agency that has regulatory authority over telecommunication facilities.

(Ord. No. 2918, § 2, 2-10-09)

Should any wireless telecommunication antennas, equipment and/or infrastructure be located within the public right-of-way that will be directly impacted by future street improvements or right-of-way dedication, the wireless telecommunication provider shall relocate all necessary antennas, equipment and related infrastructure to an alternative location at their sole expense and comply with all provisions of this chapter.

(Ord. No. 2918, § 2, 2-10-09)

The director of public works has the authority to implement and alter design guidelines specific to small cell sites in the public rights-of-way.

(Ord. No. 3100, § 2, 3-26-19)