This chapter is enacted pursuant to 47 U.S.C. §332(c)(7) to provide standards for wireless telecommunication facilities. It is intended that such facilities be located, installed and operated in a manner consistent with all safety and aesthetic objectives of this chapter, while recognizing the benefit of these facilities to the community. This chapter applies to all wireless telecommunication facilities located within the city of Whittier, whether they are located on public or private property or within a Specific Plan or Planned Community. Facilities located within in the public right-of-way shall be governed by Section 12.56 of the Whittier Municipal Code.

(Ord. No. 2918, § 1, 2-10-09)

For the purpose of this chapter, the following words and phrases shall be defined as follows:

"Antenna" means a device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals. "Antenna" shall not include any noncommercial satellite dish or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.

"Antenna or (wireless antenna)" means (for the purpose of this chapter) any device used for communications (within the frequency spectrum range assigned to wireless telecommunication providers by the Federal Communications Commission) which radiates and/or receives any signals for communication. "Antenna" or "Wireless Antenna" shall not include any noncommercial satellite dish or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.

"Antenna structure" means an antenna or array of antennas and its associated support structure, including, without limitation, a mast or tower.

"Building or Structure height" means the vertical distance measured from the finished grade of the lot immediately beneath the portion of the building or structure being measured, to the highest point of such building or structure, including all faux tree limbs or protruding elements that are associated with a mono-tree or mono-pole.

"Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.

"Co-Location or co-located" means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

"Equipment cabinets/base station" means a fixed station at a specified site authorized to communicate with mobile stations, microcells, repeaters, or other wireless stations, usually housed in metal cabinets or small structures on or within close proximity to the antenna structure on the same site.

"Mono-pole" means a structure composed of a single spire used to support antennas or related equipment.

"Personal wireless services" means the commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. § 332(c)(7).

"Roof-mounted" means mounted above the eave line of a building.

"Stealth, stealthing or screening" means the effect of locating an antenna and supporting telecommunication equipment within or behind a building, wall, facade, fence, landscaping (real or simulated), berm, and/or other specially designed device so that the public view of the antenna(s) and supporting telecommunications equipment from adjoining and nearby public street rights-of-way and private properties is eliminated or minimized to be unrecognizable.

"Wall mounted antenna" means an antenna that is mounted on any vertical surface of a building or structure.

"Wireless telecommunication facility" means a facility consisting of any commercial antenna, monopole, microwave dish and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals for commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. "Wireless communication facility" does not include any radio or television facility which is exempt from local regulation pursuant to state or federal law.

"Whip or omni antenna" means an antenna that transmits signals in three hundred sixty degrees. Whip antennas are typically cylindrical in shape and are less than six inches in diameter and measure up to eighteen feet in height. Also called omnidirectional, stick, or pipe antennas.

(Ord. No. 2918, § 1, 2-10-09)

A.

Prior to the installation of any new, modified or expanded wireless telecommunication facility on public or private property, the applicant shall first obtain the written permission of the legal property owner of the parcel of land or building on which the wireless telecommunication facility is proposed to be located.

B.

Unless noted otherwise, all wireless telecommunication facilities shall be governed by the provisions contained herein, in addition to the California Environmental Quality Act.

C.

Unless specially exempted within this chapter, all wireless telecommunication facilities shall be subject to the review and approval of a conditional use permit and a development review application from the city of Whittier, prior to installation and operation as well as for any expansion of an existing facility, unless previously approved under a master plan of development, as outlined in Section 18.47.090.

D.

If a new or expanded wireless telecommunication facility is located within any ground or air space easement, the wireless provider shall obtain the written consent of the easement holder(s) prior to the installation or expansion of any telecommunications facility and the issuance of any building permits.

E.

All new or expanded telecommunication facilities located on public property owned or managed by the city of Whittier shall obtain a city encroachment license/permit prior to installation.

F.

All wireless telecommunication facilities located within the public right-of-way shall be governed separately under Chapter 12.56 of the Whittier Municipal Code.

G.

The following types of wireless telecommunication facilities shall not require the approval of a conditional use permit, but shall be subject to the review and approval of a development review application:

1.

All wireless telecommunication facilities located on property owned by the city of Whittier.

2.

Any wireless telecommunication facility in which all cellular antennas are physically integrated within the internal framework of a building or structure or are mounted to the roof of a building in which the antennas are completely below or internal to the building parapet wall and do not result in the building or structure exceeding the maximum height limit for the underlying zone. In addition, the cellular equipment must be located either within an underground equipment vault, physically incorporated within a building or located on the roof a building and the equipment is completely below the building parapet walls, so as not be visible from the public right-of-away or the surrounding properties from ground level.

3.

Any future wireless telecommunication facilities and co-locations that were previously approved under a conditional use permit as part of a comprehensive master plan of development for a wireless telecommunication facility network operated by a specific telecommunications provider within the city of Whittier.

4.

Any wireless telecommunication facility that the Federal Telecommunications Act may specifically exempt from discretionary review and approval by the city.

5.

Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).

6.

Temporary wireless telecommunication facilities for emergency communications by public officials.

7.

Co-location with an existing (conforming) wireless telecommunication facility located on a building, structure or property that is upgraded pursuant to the antenna and equipment facility design and location preferences contained within Section 18.47.060(A)(9) of this chapter to the satisfaction of the director of community development.

8.

Co-location with an existing, nonconforming, wireless telecommunication facility that will be re-developed in compliance with the provisions of this chapter and upgraded pursuant to the antenna and equipment facility design and location preferences contained within Section 18.47.060(A)(9) to the satisfaction of the director of community development.

9.

Except as provided within Section 18.47.040 (Prohibited locations) or the applicant's failure to comply with the provisions listed below, wireless telecommunication facilities may be developed or expanded on any building, structure, object, property, site, or landscape designated eligible or listed on any local, state or national register as an historic landmark subject to compliance the following requirements:

1)

The wireless provider shall completely eliminate all exterior, ground level, visibility for all new and existing wireless telecommunication facility antennas and infrastructure (regardless if they belong to the same wireless provider or not) that currently exist on the eligible or designated historic landmark, in compliance with the provisions of this chapter;

2)

Mono-poles and mono-trees shall not be constructed on any property that is occupied with an eligible or designated historic landmark. In addition, any existing mono-poles or mono-trees located on a property that is occupied with an eligible or designated historic landmark shall be removed, regardless if they belong to the same wireless provider or not.

3)

New and existing wireless telecommunication facility antennas and infrastructure will not be physically attached to the exterior facade of an eligible or designated historic landmark building, structure or object.

4)

The placement of any wireless telecommunication facility antennas and infrastructure shall not result in the removal, reconstruction or modification to any significant, original, character defining feature(s) associated with the eligible or designated historic landmark. Likewise, no new or speculative architectural/design features shall be incorporated with the eligible or designated historic landmark as part of a wireless telecommunication facility installation.

5)

Approval of a certificate of appropriateness (instead of a development review) application by the Historic Resources Commission to ensure that the design of the new and/or re-located wireless telecommunication facility antennas and infrastructure does not degrade the historic integrity of the designated or eligible historic landmark resource by violating any of the Secretary of the Interior's Standards and/or disqualify the eligible or designated historic landmark resource from any local, state or federal listing as a eligible or designated historic landmark.

(Ord. No. 2918, § 1, 2-10-09)

All new and expanded wireless telecommunication facilities are prohibited in the following locations:

A.

On any property located within the H-R (Hillside Residential), R-E (Single-Family Residential Estate), or R-1 (Single-Family Residential) zone, unless owned by the city of Whittier.

B.

Property within or abutting a designated scenic corridor. However, with the approval of a conditional use permit, co-location on an existing building or structure may be considered.

(Ord. No. 2918, § 1, 2-10-09; Ord. No. 2949, § 2, 2-23-10)

All applications for wireless telecommunication facilities shall be accompanied with the following:

A.

The appropriate development application fees.

B.

A radius map and a certified list of the names and addresses of all property owners within three hundred feet of the exterior boundaries of the property involved, as shown on the latest assessment roll from the Los Angeles County Assessor, if the facility is subject to the approval of a conditional use permit.

C.

A legal description of the property where the wireless telecommunication facility or co-location is to be installed.

D.

A fully dimensioned and scaled site plan containing the following information:

1.

The location of all on-site buildings, property lines, parking facilities, landscape planters, perimeter fencing and existing on-site wireless telecommunication facilities, if any.

2.

The location and distance of the proposed wireless telecommunication facility antennas and supporting equipment from all adjacent property lines and on-site buildings.

3.

The identification of all adjacent land uses surrounding the proposed wireless telecommunication facility.

4.

The distance between the proposed wireless telecommunication facility and any buildings on the immediate, contiguous, surrounding properties.

5.

The size and area of all new and existing on-site cellular antennas, equipment cabinets and infrastructure used to operate the wireless telecommunication facility.

6.

Spot or contour elevations on the property to demonstrate any grade changes.

7.

All proposed on-site grading and drainage modifications.

8.

The public right-of-way widths and improvements adjacent to the property on which the telecommunication facility will be located.

9.

All future, on-site, wireless telecommunication facility antennas and operating equipment, if known.

E.

A landscape plan illustrating the following information shall be provided unless, in the opinion the director of community development, no landscaping will be impacted:

1.

The location of all existing on-site landscape planters that will be created, modified or eliminated as part of the proposed wireless telecommunication facility.

2.

All proposed or modified on-site landscaping and irrigation. The size and species of all new and existing on-site landscaping material shall be clearly identified on the plans.

3.

The total area and percentage of on-site landscaping on the property before and after the installation of the wireless telecommunication facility.

4.

The location, height and type of all new and existing, on-site, perimeter fencing and telecommunication equipment enclosures.

F.

Fully dimensioned elevations of all telecommunication facility equipment including:

1.

The height of the antennas from finished grade.

2.

All proposed building materials and colors of the telecommunications facility and ancillary equipment.

3.

Construction details of the location and placement of the cellular antennas when placed on or within a pole, building or other structure.

G.

A balloon or other physical representation of the maximum height of the proposed wireless telecommunications facility antennas shall be provided at the project location for a minimum of one week prior to any required public hearing for the facility to enable the planning commission or approval authority to assess the aesthetic impacts to the surrounding land uses and public rights-of-way of the proposed antenna height. This requirement may be waived by the director of community development, whenever deemed appropriate.

H.

A propagation map illustrating the existing coverage and the proposed new coverage the wireless telecommunication facility will cover.

I.

Photographs of the project site, taken from the adjacent public right(s)-of-way, from the surrounding properties and on the property on which telecommunication facility is located, with a corresponding location map key documenting where each photograph was taken.

J.

A computer photo simulation of the proposed wireless telecommunication facility and supporting cellular equipment cabinets and infrastructure in context with its existing surroundings. All computer photo simulations shall include at least one image from all adjacent public right(s)-of-way(s) when deemed necessary by the director of community development.

K.

If any wireless telecommunication facility equipment is located above ground (not within a building) and less than one hundred fifty feet to a residential property line, an independent acoustical engineer, deemed acceptable to the director of community development, shall prepare noise study to verify that any noise generated by the telecommunication facility equipment will not violate the city's noise ordinance to the interior and exterior of a residential unit.

L.

A radio-frequency (RF) study shall be prepared by a qualified, independent, RF engineer, deemed acceptable by the director of community development, 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. RF studies shall include all proposed and existing telecommunication antennas on the same property, at maximum operational capacity.

M.

A narrative explaining why the applicant chose the project location for a wireless telecommunication facility and how the proposed facility fits into the applicant's telecommunications network. This submission requirement does not require disclosure of confidential business information.

N.

A PMS color and material sample board of all materials and colors proposed for the wireless telecommunication facility.

O.

Any additional information deemed necessary by the director of community development to evaluate the proposed telecommunication facility's operational and aesthetic characteristics.

P.

If a new wireless telecommunication facility is not to be co-located with another such facility, provide a written explanation of why co-location is not possible or the reason co-location has/is being rejected.

(Ord. No. 2918, § 1, 2-10-09; Ord. No. 2932, § 8, 8-11-09)

A.

General Requirements:

1.

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

2.

All wireless telecommunication facilities shall comply with all Federal Communication Act provisions.

3.

In no case shall any part of a wireless telecommunications facility create any physical or visual hazards to pedestrian and vehicular circulation on public or private property.

4.

No telecommunication facility shall reduce the requisite number of off-street parking spaces below that required for the property on which it is developed.

5.

No wireless telecommunications facility shall interfere with the normal operation of the existing land use(s) on the property hosting the wireless telecommunications facility.

6.

Prior to the issuance of any building permits for any new, modified or expanded wireless telecommunication facility on private property, the property owner shall comply with the provisions contained within Section 18.62 of the city's nonconforming ordinance.

7.

All wireless telecommunication facilities shall comply with the city's noise ordinance at all times.

8.

All wireless telecommunication facilities shall be singularly and collectively (if multiple cellular operators exist on a single structure or property) be designed to ensure that the maximum Electro Magnetic Radiation exposure limits for human health does not exceed the Federal Communication Commission's maximum health human exposure limits. Prior to any discretionary permit approval for a new or expanded wireless telecommunication facility, a radio-frequency (RF) report shall be prepared by a qualified, independent, RF engineer, acceptable to the director of community development, to document compliance.

9.

All wireless telecommunication facilities shall be stealthed to eliminate or substantially reduce their visual and aesthetic impacts from 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)

Architecturally integrated within the internal framework of a building or structure whether existing, proposed, or as a building addition, so as to be completely obscured and non-visible from any public view.

ii)

Located on the rooftop of a building and situated entirely below or internally within the building parapet wall so as to be entirely stealthed from any public view on the ground.

iii)

Architecturally integrated within the internal framework of a new (functional or non-function) freestanding structure (i.e., a clock tower, water tower, freestanding sign, flag pole, cultural monument, etc.) that is compatible with the bulk, mass, scale and height of the surrounding buildings, structures or environmental features and does not eliminate any required on-site parking, landscaping or create the need for a setback variance.

iv)

Mounted to an existing building/structure whereby the antennas are placed on the building or structure in such a manner so as to act as a decorative architectural feature of the building/structure it is located on.

v)

On a "mono-tree" that is surrounded by a grove of living trees that have or will attain a future height (within fifteen years) that is generally comparable to the freestanding "mono-tree." Within a natural setting (i.e., a park, undeveloped hillside etc.) a "mono-rock" or faux rock outcropping may be considered when the topography or geology of the site has similar natural features. When a wireless telecommunication facility is located within a public park or along the Greenway Trail, a mono-tree shall be the primary design preference.

vi)

On a "mono-pole" that is substantially screened from all public rights-of-way by a building, structure or object of a similar height and mass.

b.

Telecommunication Facility Equipment:

i)

Within an underground equipment vault.

ii)

Incorporated inside of an existing or new building/structure or located entirely below a building roof parapet wall so as to be completely screened from public view on the ground.

iii)

Ground mounted in a non-obtrusive location and enclosed by a decorative wall (not exceeding six feet high) or with another high quality screening material. Screen walls composed of chain-link, wood, metal or wire mesh are prohibited.

c.

Site Selection Preferences:

i)

On any city owned parcel of property.

ii)

Co-located with an existing telecommunications facility or at a pre-approved location by the city of Whittier as part of a master plan of development for a wireless telecommunication facility provider in the city.

iii)

In an industrial zone;

iv)

In a commercial zone;

v)

In a mixed-use development or building within a planned community or specific plan;

vi)

Within a multi-family residential zone;

B.

Development Criteria:

1.

Setbacks.

a.

All wireless telecommunication facilities (including all antennas and related accessory equipment cabinet(s)) shall meet all front, side and rear yard setback requirements of the zoning classification it is located in, except as identified otherwise within this chapter. However, the approval authority may designate greater setbacks so long as it does not disrupt the reception or transmission of wireless telecommunication signals.

b.

Wireless telecommunication equipment cabinets may be located within any side or rear yard setback, if located entirely below ground, within a vault.

c.

There shall be no new freestanding mono-poles or mono-trees located within a seven hundred fifty-foot radius of another such facility that is of the same general design or faux tree type, except on property owned by the city of Whittier. The approval authority many deem a lesser distance appropriate to avoid a coverage gap in a wireless telecommunication provider's system.

2.

Building or Structure Height.

a.

The maximum height for a new freestanding building or structure designed to accommodate a wireless telecommunication facility shall not exceed the maximum building height limit for the zoning classification of the property it is development on or seventy feet, which ever is less. In instances where the maximum building height for the zoning classification is less than seventy feet, the approval of a conditional use permit shall be required to enable a wireless telecommunication facility to be constructed up to seventy feet high. The maximum building height shall include all architectural features located above the actual placement of the wireless antennas. Additional building or structure height may be considered with the approval of a variance subject to meeting all of the following provisions:

i)

It can be documented by a qualified, independent, RF engineer that there is no feasible alternative location or design that would allow the telecommunication facility to comply with the maximum building height limit without adversely impacting the ability of the wireless provider to receive and send communication signals. Alternatively, additional building height is necessary to be able to co-locate on an existing wireless telecommunication facility without interfering with the communication signals from an existing wireless provider.

ii)

There are exceptional circumstances such as topography, existing vegetation or structures that require the telecommunication facility to exceed the underlying zoning classifications maximum building height limit.

b.

Wireless telecommunication facilities employing mono-poles or mono-trees over forty feet in height shall be located within the rear one-half of the property, unless constructed on public property owned by the city of Whittier. In such case, the exact location shall be determined by the city's approval authority.

3.

Lot Coverage. All freestanding, ground-mounted, wireless telecommunication facilities, including any related above-ground telecommunication equipment cabinet(s), shall be counted towards the maximum allowable lot coverage for the property the wireless telecommunication facility is developed on.

4.

Landscaping. All wireless telecommunications facilities and related cellular equipment structures, vaults, and cabinets shall be surrounded by a minimum five-foot-wide, irrigated, landscape planter that is maintained in good condition at all times.

5.

Fencing. All ground mounted wireless telecommunication facility equipment (except that located within an underground vault) shall be enclosed by a decorative block wall or other material deemed acceptable to the director of community development. In no case shall the decorative wall or fencing material exceed seven feet high.

6.

Signage.

a.

There shall be no on-site advertising or signage on any portion of a wireless telecommunication facility except that required by law, identified within this chapter and/or required by the city of Whittier.

b.

Health and safety signage shall be conspicuously posted in locations near all access points into a wireless telecommunication facility that identify the minimum distance that should be maintained from all cellular antennas and equipment that have RF or electromagnetic radiation emissions.

c.

A contact person and valid emergency phone number of the wireless telecommunication facility provider shall be conspicuously posted and kept current on wireless telecommunication facilities.

7.

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, § 1, 2-10-09)

The following general design standards shall be considered for regulating the location, design, and general aesthetics of all wireless telecommunication facilities:

A.

Visual Impact.

1.

All wireless telecommunication facilities shall be stealthed to eliminate or reduce their visual and aesthetic impacts from the surrounding public right(s)-of-way and adjacent properties. Where feasible and appropriate, all colors and designs shall be integrated and compatible with the surrounding on-site buildings.

2.

No wireless telecommunication facility shall have a bright, shiny or reflective finish. 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.

3.

In developing a wireless telecommunications facility, screening of the facility must take into account the existing improvements or natural features on or adjacent to the site including all landscaping, walls, fences, berms or other specially designed devices which preclude or minimize the visibility of the telecommunications facility and the grade of the site, as related to the surrounding grades of properties and public rights-of-way.

4.

Compatible with the general mass and scale of any/all on-site and off-site buildings, poles and structures immediately surrounding the wireless telecommunications facility.

5.

All new or modified wireless telecommunications facilities shall be designed, whenever possible, to accommodate for the potential co-location of at least one additional wireless carrier on-site.

6.

All ground mounted wireless telecommunication facility structures, equipment and other infrastructure shall be treated with an anti-graffiti material coating, where appropriate.

7.

When a mono-tree is proposed as part of a wireless telecommunication facility, the selection of the type of mono-tree shall be based on the existing or proposed type and size of trees on the site it is being developed on. Such mono-trees shall be placed within a grove or windrow of similar living trees that will have a complementary height and appearance at maturity.

8.

When possible, the maximum tree branch/frown density shall be used and incorporated within the design of all mono-trees for antenna stealthing purposes. In addition, all cellular antennas mounted to a mono-tree shall incorporate the use of "sock covers" (except on mono-palms) over each antenna to simulate tree branches/leaves/needles etc. for additional stealthing.

9.

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, including ground mounted equipment.

10.

The use of microwave antennas are discouraged on all wireless telecommunication facilities when not completely stealthed from the public right-of-way.

B.

Landscaping.

1.

All new landscaping planted in conjunction with a wireless telecommunication facility shall be strategically placed around the facility so as to screen the infrastructure from public view.

2.

Landscaping shall be compatible with the surrounding landscaping and shall be of a type and variety capable of screening portions of any ground mounted wireless telecommunication facility equipment and infrastructure.

3.

Unity of design shall be achieved by repetition of certain plant varieties and other materials, and by coordination with adjacent landscaping, where appropriate.

4.

Landscape groupings shall be of a compatible type and size.

5.

All new trees planted in conjunction with a wireless telecommunications facility shall be a minimum of thirty-six-inch box in size. All landscape shrubby shall be a minimum of fifteen-gallon in size, when planted. For Palm Trees, each tree shall have a minimum twelve to fifteen-foot brown trunk height at the time of planting.

6.

All new landscaping shall be properly irrigated and maintained in good condition at all times. Any dead or dying vegetation or trees shall be removed and replaced by the wireless telecommunications facility operator within fourteen days of discovery or upon being notified by the property owner or the city of Whittier.

C.

Fencing.

1.

Fences and walls shall be built with attractive, durable, materials including but not limited to: brick, wrought iron, tubular steel, textured concrete block, stucco walls with a decorative top cap, or "woodcrete" fencing etc.

2.

Chain-link, natural wood, plexi-glass, and corrugated metal fencing are specifically prohibited as part of any fencing palette for any wireless telecommunication facility.

3.

All decorative walls, wrought iron fences and other high quality wall/fencing materials shall be consistent with the materials and designs used throughout the project.

(Ord. No. 2918, § 1, 2-10-09)

A.

Wireless telecommunications facilities shall be maintained on a regular basis. All maintenance associated with a wireless telecommunication facility shall be performed between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. In the event of an emergency in which normal maintenance of the wireless telecommunications facility can not be performed, the wireless provider shall be exempt from this requirement, but shall notify the director of community development within forty-eight hours of the emergency. The emergency situation will temporarily modify these maintenance guidelines until said emergency has been mitigated or resolved.

B.

The operator of any wireless telecommunications facility shall provide and maintain at all times proof of California Public Utilities Commission (PUC) and the Federal Communication Commission (FCC) certification to operate each and every one their facilities in the city of Whittier.

C.

It shall be the joint and individual responsibility of the wireless operator and the property owner to remove/repair any graffiti or vandalism found with a wireless telecommunication facility within seventy-two hours of its discovery.

(Ord. No. 2918, § 1, 2-10-09)

All future, anticipated, wireless telecommunication facilities that are to be built by a single wireless provider for their network that are pre-approved simultaneously under one conditional use permit, as part of a comprehensive master plan of telecommunication facilities on one or more properties within the city, and in accordance with the requirements of this chapter, may be constructed without a time limit or the need to obtain any supplemental conditional use permit approvals. However, all pre-approved wireless telecommunication facilities shall be designed and constructed in substantial compliance with the approved master plan, as determined by the director of community development.

(Ord. No. 2918, § 1, 2-10-09)

A.

All leases on private property shall be non-exclusive. In addition, the operator of a wireless telecommunication facility located on public or private property shall make all supporting telecommunication structure(s) of the facility available to any other licensed wireless telecommunication facility provider wishing to co-locate, to the extent technically feasible.

B.

Wireless telecommunication facilities located on any city owned property, right-of-way, city easement, or structure shall be subject to lease agreement with the city of Whittier specifying the use of the property, required maintenance and repair, reimbursements to the city for costs associated with the proposed use, and such other terms as the city may require. Applicants shall also agree to indemnify, hold harmless, and defend the city from any liability arising out of its approval to allow for the construction and operation of a wireless telecommunication facility. The telecommunications facility provider shall also provide the city with a certificate of insurance (for general commercial liability) for an amount, as required by the city manager, naming the city as an additional insured. The insurance shall be placed with a company satisfactory to the city manager.

(Ord. No. 2918, § 1, 2-10-09)

A.

Instead of the findings contained within Section 18.52.040(B) of the Whittier Municipal Code, the following findings are required for every wireless telecommunications facility approved within the city of Whittier. In all cases, the applicant shall have the burden of proof to show, by relevant evidence, the existence of facts which support the conclusion that the standards, as set forth in this section, are met:

1.

The property hosting the wireless telecommunication facility is of adequate size, shape and topography to support the development of the facility without the need for any variances;

2.

The wireless telecommunications facility will not interfere or disrupt the communication reception and transmission of any public or private entity.

3.

The telecommunications facility will comply with the provisions of this chapter and all other applicable city, state and federal regulations.

B.

Any decision to deny a request to place, construct or modify a wireless telecommunication facility shall be supported by evidence contained in a written record documenting why the wireless telecommunication facility cannot be approved, as detailed within Section 18.52.100 of the Whittier Municipal Code.

C.

Any request to appeal a decision to approve or deny a telecommunication facility shall comply with the requirements contained within Section 18.52.120 and 18.52.130 of the Whittier Municipal Code.

(Ord. No. 2918, § 1, 2-10-09)

A.

Discontinued use. The operator of a lawfully erected wireless telecommunications facility and the owner of the premises upon which it is located on shall notify, in writing, within fifteen days, the director of community development documenting when the wireless telecommunication facility was temporarily or permanently discontinued. In the event that the discontinued use of a wireless telecommunications facility is permanent, the private property owner and/or wireless provider shall obtain a demolition permit to promptly remove the facility, repair any/all on-site damage to the premises and restore the site to its original condition, consistent with the Whittier Municipal Code. All such removal, repair and restoration shall be completed within sixty days after the use is permanently discontinued, and shall be performed in accordance with all applicable health and safety code requirements to the satisfaction of the director of community development.

B.

Abandonment. Any wireless telecommunication facility that is inoperative or unused for a period of one hundred eighty consecutive calendar days shall be deemed "abandoned." It shall be the joint and individual responsibility of the wireless provider and the property owner to give written notice to the director of community development within fifteen days after abandonment. Thereafter, an abandoned facility shall be deemed a public nuisance and shall be completely removed from the property on which the wireless telecommunication facility is located. The wireless telecommunication provider and private property owner hosting the facility shall be responsible for one hundred percent reimbursement to the city of Whittier for any/all costs associated with the removal of the telecommunications facility by the city, if necessary. If the facility is located on public property, the telecommunication facility provider shall be solely responsible for all costs associated with the removal of the facility and the restoration of the public property or easement to the satisfaction of the director of community development.

(Ord. No. 2918, § 1, 2-10-09)

In the event the mayor or city manager declares a state of emergency or disaster in the city of Whittier, the director of community development may exempt wireless telecommunication facilities from any or all of the requirements contained in this chapter during the duration of such emergency or disaster.

(Ord. No. 2918, § 1, 2-10-09)