Westlake Village Municipal Code Ch. 7.4 Regulation of Small Wireless Facilities in the Public Rights-of-Way

The City Council of the City of Westlake Village expressly finds that the installation of small wireless facilities in City rights-of-way requires City regulation, consistent with State and federal law as it currently exists, in order to more fully protect the public health and safety, preserve and protect the City's aesthetic interests, protect City infrastructure and other public facilities, and to provide for the orderly deployment of small wireless facilities in order to ensure the continued quality of telecommunication services to the public.

The City Council further finds that regulations established herein are not intended to, nor shall they be interpreted or applied to:

A. Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;

B. Prohibit or effectively prohibit any personal wireless service provider's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulations;

C. Unreasonably discriminate among providers of functionally equivalent services;

D. Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions;

E. Prohibit any collocation or modification that the City may not deny under federal or State law; or

F. Impose any unfair, unreasonable, discriminatory or arbitrary fees that exceed the reasonable cost to provide the services for which the fee is charged; or

G. Otherwise authorize the City to act in conflict with any applicable federal or State law or regulation.

(Ord. No. 269-19, § 1, 4-24-2019)

"Administrative Review" means ministerial review of an application by the City relating to the review and issuance of a permit, including review by the Planning Director and City Engineer to determine whether the issuance of a permit is in conformity with the applicable provisions of this Chapter.

"Antenna" means communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

"Applicant" means any person who submits an application under this Chapter.

"Application" means a written request, on a form provided by the City, for a SWF permit.

"City" means the City of Westlake Village.

"Collocate" means to install or mount a SWF in the PROW on infrastructure, or an existing support structure, an existing tower, utility-owned structure, or on an existing pole to which another SWF is attached at the time of the application. "Collocation" has a corresponding meaning.

"Communications Facility" means, collectively, the equipment at a fixed location or locations within the PROW that enables communications services, including: (i) radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and (ii) all other equipment associated with any of the foregoing. A communications facility does not include the pole, tower or support structure to which the equipment is attached.

"Communications Service" means telecommunications service, as defined in 47 U.S.C. § 153(53), including wireless broadband internet service.

"Communications Service Provider" or "Provider" means a provider of communications services.

"Construction Codes" means California Building, Fire, Electrical, Plumbing, and/or Mechanical Codes adopted by the City.

"Discretionary Review" means review of an application by the City relating to the review and issuance of a permit that is other than an administrative review.

"FCC" means the Federal Communications Commission.

"Infrastructure" means any City-owned or operated facility, equipment, pole, pipe, cabinet, or other structure located in the PROW. "Infrastructure" shall include poles, street lights, and/or other structures in the PROW owned by utilities, except to the extent any specific requirement is preempted or prohibited by State or federal law related to utility pole attachments by wireless providers ("Pole Attachment Rules").

"Laws" means, collectively, any and all Federal, State, or local laws, statutes, common law, codes, construction codes, rules, regulations, orders, and/or ordinances.

"Master Agreement" means an agreement between the City and a permittee authorizing the installation and maintenance of one of more SWFs.

"Permit" means a written authorization (in electronic or hard copy format) to install a SWF at a specified location(s) in the PROW. A permit may also consist of a master agreement between the applicant and City to install and maintain one or more SWFs in the PROW.

"Permittee" means an applicant that has received a permit under this Chapter.

"Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity.

"Pole" means a legally constructed City or utility owned pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the PROW. A pole does not include a tower or support structure and does not include a pole or structure that supports electric transmission lines.

"Public Rights-of-Way" or "PROW" means the area on, below, or above property that has been designated for use as or is used for a City-owned or controlled roadway, highway, street, sidewalk, alley or similar purpose. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the City.

"Replace" or "Replacement" means, in connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this Chapter and any other applicable Municipal Code provisions, in order to address limitations of the existing structure to structurally support collocation of a Communications Facility.

"Small Wireless Facility" or "SWF" means a wireless facility that meets the following qualifications: (i) each antenna could fit within an enclosure of no more than three (3) cubic feet in volume; (ii) all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than twenty-eight (28) cubic feet in volume; and (iii) the facility is the type of facility otherwise described in 47 C.F.R. § 1.1312(e)(2).

"State" means the State of California.

"Support Structure" means a structure in the PROW other than a pole or a tower to which a wireless facility is attached at the time of the application.

"Tower" means any structure in the PROW built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.

"Wireless Facility" means the equipment at a fixed location or locations in the PROW that enables wireless services. The term does not include: (i) the support structure, tower or pole on, under, or within which the equipment is located or collocated; or (ii) coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A SWF is one type of wireless facility.

"Wireless Services" means any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.

"Wireless Services Provider" means a person who provides wireless services.

(Ord. No. 269-19, § 1, 4-24-2019)

A. Site Selection.

1. The preferred location for SWF shall be on existing infrastructure such as utility poles or street lights. The infrastructure selected should be located at street intersections and/or near property line prolongations. If the SWF is not able to be placed on existing infrastructure, the applicant shall provide a map of existing infrastructure in the service area and describe why each such site was not feasible.

2. When existing infrastructure sites have been exhausted or there is no available infrastructure in the proposed location, the City will consider entering into a master agreement with an applicant on mutually, agreeable terms, but which will require that the applicant dedicate new infrastructure such as a street light, on which the SWF can be installed. The installation shall be subject to any of the size, attachment, and other physical restrictions set forth in subsections B.1 and B.2, below, as determined necessary by the City Engineer. The City Engineer shall approve all plans and specifications, including the means of providing electrical power.

B. Existing Infrastructure Requirements.

1. Street Light.

a. The antenna shall be the smallest possible volume but in no case greater than three (3) cubic feet. The antenna must be enclosed in an RF transparent screen unless a whip style antenna is used. Antenna installations will be top of pole mount and shall not increase the height by more than ten (10) percent or ten (10) feet, whichever is greater, over other street lights in the immediate vicinity. The antenna shall be as small as technically possible, and RF screen and/or color treatment shall be utilized if possible to camouflage the installation.

b. Equipment, other than antennas, shall be mounted as prescribed by the City Engineer in one of the manners described herein.

i. Equipment shall be mounted in a base shroud of approved design to be retrofitted to an existing light standard. The base shroud shall be coated or painted with an approved color to match the existing pole.

ii. Equipment shall be mounted directly to the pole a minimum of eight (8) feet above the existing grade and be coated or painted with an approved color to match the existing pole.

iii. Equipment shall be mounted to the pole in an equipment box a minimum of eight (8) feet above the existing grade. The equipment box shall be coated or painted an approved color to match the existing pole and will be no wider than two (2) times the diameter of the pole at the point it is mounted nor protrude from the surface of the pole by more than eight (8) inches. All equipment, cables and wiring shall be fully contained in the equipment box unless technically infeasible as determined by the City Engineer based on technical specifications provided by the applicant. Full containment shall not be found to be technically infeasible if an alternative equipment enclosure providing similar functionality, capable of full containment, is generally available to wireless service providers.

c. The applicant may propose or the City may require that the existing light standard be replaced with a City-approved pole that is manufactured with a base shroud designed to accept wireless equipment and integrated RF screen to accept a wireless antenna.

2. Utility Pole.

a. The antenna shall be the smallest possible volume but in no case greater than three (3) cubic feet and shall be mounted at the top of the pole or on the side of the pole with a bracket. When mounted with a bracket, the bracket may extend no more than eighteen (18) inches from the surface of the pole and will be coated or painted to match the existing pole. The antenna must be enclosed in an RF transparent screen unless a whip style antenna is used. The antenna shall be as small as technically possible, and RF screen and/or color treatment shall be utilized if possible to camouflage the installation.

b. Equipment, other than antennas, shall be mounted as prescribed by the Director in one of the manners described.

i. Equipment shall be mounted directly to the pole a minimum of eight (8) feet above the existing grade and be coated or painted with an approved color to match the existing pole.

ii. Equipment shall be mounted in an equipment box that is mounted directly to the pole a minimum of eight (8) feet above the existing grade. The equipment or box shall be coated or painted to match the existing pole and will be no wider than the diameter of the pole at the point it is mounted nor protrude from the surface of the pole by more than eight (8) inches. All equipment, cables and wiring shall be fully contained in the equipment box unless technically infeasible as determined by the City Engineer based on technical specifications provided by the applicant. Full containment shall not be found to be technically infeasible if an alternative equipment enclosure providing similar functionality, capable of full containment, is generally available to wireless service providers.

c. If the existing utility pole already has more than two (2) existing risers/drops, the pole must be replaced with a metal pole that allows the new cable and wires to be located inside the pole, in conduit. The existing drops will also be relocated inside the new pole and underground entry into the pole through the foundation is required. When the installation will result in two (2) or fewer risers/drops on the pole, the wires and cable may be installed as a riser/drop in conduit painted to match the pole, or as directed by the City.

3. Alternative Infrastructure. The Planning Director and City Engineer shall be authorized to consider and allow use of other infrastructure not described above and not otherwise prohibited herein, when the Planning Director or City Engineer determines that the proposed alternate infrastructure: (i) is substantially similar in physical characteristics to a preferred structure; and (ii) the visual impact that would be suffered by the public is no greater than the impact if installed on a preferred structure; and (iii) the proposed alternative infrastructure can accommodate the proposed SWF without creating any risk to the public health or safety. Any approved alternate infrastructure shall be subject to all requirements for SWFs set forth in this Section 7.4.030.

C. Prohibited Locations. The City Engineer has determined that, in order to ensure protection of the public health and safety, no SWF may be installed or maintained (i) where any hazard to normal traffic flow could occur or exist, such as obscuring of drivers' visibility or sight lines; or (ii) which would result in any obstruction or restriction of pedestrian movement or risk to pedestrian safety; or (iii) which would or could result in violation of any law, including any ADA standard; or (iv) which would or could result in violation of any applicable federal, State, County or local standard including standards of the American Association of State Highway and Transportation Officials.

D. Residential Setback. Each SWF shall be at least five hundred (500) feet away from any existing or approved residence.

(Ord. No. 269-19, § 1, 4-24-2019; Ord. No. 274-19, § 2, 10-23-2019)

A. A SWF permit must be obtained from the City before a SWF may be installed or maintained in the PROW. A standard City of Westlake Village encroachment permit may also be required as a condition of SWF permit approval. A SWF permit is valid for ten (10) years. However, to ensure the greatest availability to other applicants of preferred locations for SWFs, installation of each SWF for which the permit is issued shall be completed within one year of issuance. Upon a showing of good cause not based on fault of the permittee, the Planning Director may extend the time to complete the installation under a SWF permit, for an additional six (6) months. Upon a failure of a permittee to complete installation in the required period of time, the permit shall be deemed abandoned and the proposed SWF location shall be made available to other SWF applicants.

In the event that an application is deemed granted by rule of law or court decision, all conditions and design guidelines set forth in this Chapter are still applicable to the installation.

An application for a permit to install a SWF shall be made in writing on such forms as the Planning Director prescribes, and shall comply with the following minimum requirements, in addition to all other information and documentation determined to be necessary by the Planning Director and City Engineer to effectuate the purpose and intent of this Section. A review of an application for a SWF that complies in all respects with this Chapter, shall be deemed an administrative review. Any proposed wireless facility not satisfying all requirements of this Chapter for SWFs, or for any kind of wireless facility that is not a SWF, shall be subject to discretionary review unless ministerial review is required by law. Any "eligible facilities request" under 47 U.S.C. § 1455(a), shall be processed consistent with federal law and the requirements of this Code.

The application form shall specify the number, size and format of the project plans and application materials to be provided, including, but not limited to, electronic format. The Planning Director may waive certain submittal requirements or require additional information based on specific project factors. Unless an exemption or waiver applies, all applications shall include all of the following and will not be accepted if any submittal material is missing or not fully completed. An application shall not be deemed complete by the City unless all required information, submittals, and documentation has been submitted to the City as follows:

1. Complete Application. A fully completed and executed City application form for the type of approval sought, and all information, materials, fees, attachments, submittals, and proof of insurance specified in the City-approved application form, must be submitted. Where the City determines that it requires expert assistance in evaluating an application, the City may hire a consultant and the fee charged by the consultant shall be reimbursed to the City by the applicant regardless of the outcome of the application.

2. Executed Under Penalty of Perjury. All applications shall be signed under penalty of perjury under the laws of the State of California by an authorized representative of the applicant.

3. Applicant Information. Complete legal name and contact information for the facility owner, facility operator, agent (if any), and property owner (for any collocation facility on any existing SWF), and related letter(s) of authorization if the owner is other than the City.

4. Detailed Description of the SWF. A full written description of the proposed facility, its purpose, and specifications.

a. Fiber Only. Applicants seeking to install a SWF shall not seek a ministerial permit to install fiber only and subsequently seek to install antennas and accessory equipment pursuant to a SWF permit. The applications for all installations in the PROW shall simultaneously request fiber installation or other cable installation when applying for a SWF permit.

b. Distributed Antenna System. Applications for a SWF permit for a DAS shall be submitted as a single SWF application for the entire project. Each individual location within the system shall be processed and considered for approval separately. Permitting fees will be applied to each such location. Each location will be evaluated and must comply with the all design and development standards as defined by this Chapter.

c. Utility Pole Attachments. For any SWF proposed to be collocated on a pole or structure owned by a public utility such as Southern California Edison, the application shall include written evidence of the utility's approval of applicant's proposed attachment including any and all applicable terms and conditions, and detailed description of the approved SWF. A SWF authorized by law and approved by the utility company for attachment to a utility owned pole or structure, shall be subject to all provisions of this Chapter except to the extent any such provisions are preempted by State or federal law related to utility pole attachments by wireless providers ("Pole Attachment Rules").

5. Inventory. An inventory list and map of the applicant's existing SWFs, including but not limited to collocations, operated by the applicant within two (2) miles of the proposed site ("service area"), and longer range conceptual plans for a period of five (5) years shall also be provided, if available. The inventory list must include specific information as to location, height, and design of each facility. The City may share such information with other applicants seeking to locate SWFs within the service area, in order to encourage collocation.

6. Geographic Service Area. A written description identifying the geographic service area for the subject installation, accompanied by a two-year master plan of anticipated future installations and/or modifications, including maps.

7. Report on Alternatives. A report explaining why the SWF is needed at the requested location, including a written statement explaining the rationale for selecting the proposed site; and how the proposed SWF is the least intrusive means for the applicant to provide wireless service in the proposed service area. Such statement shall include all existing structures and/or alternative sites evaluated for potential installation of the proposed SWF and why such alternatives are not a viable option. If the City has requested that the applicant collocate its SWF on a site, the applicant shall explain why collocation is not feasible, including efforts made to develop such an alternative.

8. SWF Plans. Detailed engineering plans of the proposed SWF showing all equipment and antennas, including height, shape, size and nature of construction in accordance with the requirements established by the City Engineer. The plans shall include, but are not limited to, a fully dimensioned diagram of the proposed SWF and antennas, including height, diameter, design, shape, size, structural integrity, power output and frequency, back-up power source (if any), nature of construction, purpose of the facility, and technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. The plans for any new free-standing structure must provide sufficient detail to demonstrate that the structure will be able to accommodate at least one other similar telecommunications provider in addition to the applicant. The plans shall include a diagram showing the separation between the proposed SWF and any existing facility or facilities on the same support structure or site, if collocation is planned. In order to minimize visual impact of equipment boxes, every applicant seeking to collocate with another SWF shall utilize its best efforts to arrange with the existing SWF operator to share equipment enclosures. The collocating wireless provider shall provide a written description of its efforts made to share any equipment enclosure. If unable to achieve a sharing arrangement, the applicant's written description shall clearly state the reasons why.

9. Site Plans. A fully-dimensioned site/landscaping plan that includes, at a minimum, the following information: specific placement of the proposed equipment shelters, antenna(s), and any other SWF on the site; setbacks from adjacent property lines; the location of existing structures, trees, and other significant site features; the type and locations of materials proposed to screen SWF antennas and other components; the proposed materials and color(s) for the SWF, and all other information required by the Planning Director.

10. Photographs and Visual Analysis. Photo-simulations showing views of the proposed SWF from surrounding properties and adjoining PROW at varying distances and angles with a map indicating the locations used for the analysis and their distances from the site.

11. Documentation of Federal and State Compliance. Copies of all applicable licenses, permits, and/or other approvals required by the FCC, CPUC, and any other federal, state, and/or local agency with authority to regulate SWFs, and documentation of compliance with all conditions imposed in conjunction with such licenses or approvals. The required documentation shall include, but is expressly not limited to, the following:

a. Engineering calculations demonstrating that the proposed SWF will comply with all applicable FCC rules, regulations, and/or specifications.

b. Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety," or any successor regulations, to determine whether the SWF will be "categorically excluded," as that term is used by the FCC.

c. For a SWF that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the City that certifies that the proposed SWF, as well as any SWFs that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards, exposure limits and emission levels. The RF report must include the actual frequency and power levels (in watts effective radiated power "ERP") for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

12. Any environmental documentation required to obtain such federal and/or state license, permit or other approval.

13

CPUC. A copy of the certificate of public convenience and necessity issued by the California Public Utilities Commission ("CPUC") to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the wireless telecommunications service for which the facilities are proposed to be constructed in the PROW. Any applicant that, prior to 1996, provided telecommunications service under administratively equivalent documentation issued by the CPUC may submit copies of that documentation in lieu of a certificate of public convenience and necessity.

14. Environmental Compliance. A completed environmental assessment and documentation establishing that all applicable environmental mitigation measures imposed by the CPUC, City and any other federal or state environmental determinations (i) have been met, (ii) will be met as part of the proposed SWF, or (iii) are not applicable.

15. Noise Compliance. A statement made under penalty of perjury that the level of noise to be emitted by the proposed SWF will comply with this noise standards contained in this Code.

16. Traffic Control Plan. A traffic control plan when the proposed installation will require use of any active traffic lane on any street.

17. Any other information, studies and/or other documentation determined necessary by the City Engineer.

B. Application of Federal "Shot Clocks." Applications shall be processed in compliance with the following federally established timelines:

1. Subject to tolling provisions in this subsection B the City shall have sixty (60) days from the date of receipt of an application for a permit for a SWF to collocate one or more SWFs on infrastructure, within which to act on the application. The foregoing period shall be ninety (90) days for applications to install one or more SWFs in the PROW involving no collocation, or where SWFs identified in the application will be both collocated and not collocated.

2. Unless otherwise agreed upon in writing by the applicant and City, for an initial application to install one or more SWFs, if the City notifies the applicant on or before the tenth day after submission that the application is materially incomplete, and identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the time for the City to act on the application is tolled, and the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the City to render the application complete.

3. For any resubmitted application following the City's notice of deficiency, the time for the City to act on the application shall be tolled for the number of days from:

a. The day after the date when the City notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and identifies the missing documents or information that need to be submitted based on the City's original request under subsection B.2 above, until;

b. The date when the applicant submits all the documents and information identified by the City to render the application complete, provided the notice pursuant to subsection B.3.a above is served on or before the tenth day after the date when the applicant makes a supplemental submission in response to the City's request under subsection B.2 above.

4. The "shot clock date" or starting date for a SWF application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified in this subsection B provided, that if the date calculated in this manner is a local, State, or federal holiday within the City or State ("legal holiday"), the shot clock date is the next business day after such date. The term "business day" means any week day that is not a legal holiday of the City or State. Note that "business day" includes any Friday when the City's business offices are closed.

C. Construction Requirements. Every permitted SWF shall be constructed/installed in strict compliance with the approved plans and specifications, provisions of this Chapter, all laws, and all written policies and direction of the City Engineer related to installation of utilities and/or other physical encroachments into the PROW. All cabling and wiring must be contained in conduit, affixed directly to the face of the pole, for as long as it is technically feasible. No exposed slack or extra cable will be allowed. No visible electrical meters will be allowed. The applicant shall negotiate directly with the electric utility to determine a flat rate for installation. The applicant is responsible for the cost of all electrical usage.

All work shall be done in accordance with [the] latest City of Westlake Village Public Works, State, Caltrans, California Manual on Uniform Traffic Control Devices, Work Area Traffic Control Handbook, County and Federal Standards and Specifications or as otherwise required by the City Engineer. It is the permittee's contractor's responsibility to obtain the City of Westlake Village Engineering Standards and Specifications before starting work. Any work done without inspection or not conforming to such standards and specifications shall be subject to removal and replacement in the presence of the City Engineer or a City Public Works Inspector.

D. Insurance and Indemnity. As a condition of approval of every SWF permit, and by accepting such permit, the permittee, to the fullest extent permitted by law, agrees to and shall indemnify, defend, and pay reasonable attorneys' fees and costs, and hold the City, its elected officials, officers, employees, attorneys, contractors, agents, and volunteers harmless, with respect to any and all claims, liabilities, and legal actions, allegedly or actually arising out of or related to, the acts and/or omissions of the permittee, its owners, officers, employees, contractors, agents, and any other person or entity acting on behalf of the permittee, in the exercise of rights and/or performance of obligations in connection with any SWF permit or other permit issued to the permittee pursuant to this Chapter.

Prior to entering any PROW pursuant to an SWF permit, the permittee shall procure, provide satisfactory evidence of, and maintain the following insurance coverages in such form as approved by the City's risk manager: (i) commercial general liability in an amount not less than two million dollars ($2,000,000) per SWF authorized by such permit; (ii) auto liability with minimum limits as specified by the City's risk manager; and (iii) worker's compensation insurance as required by statute. Unless approved in writing by the City's risk manager, self-insurance shall not be deemed to satisfy the requirements of this Chapter.

E. Written Policy and Guidelines. Due to rapidly changing technology and regulatory requirements, the City Council authorizes the Planning Director and City Engineer to establish Wireless Facilities Application Policy and Installation Guidelines to serve as further regulatory guidance and clarification concerning wireless facilities in the City. The Wireless Facilities Application Policy and Installation Guidelines shall be approved by resolution of the City Council which shall be published. The Policy and Guidelines may be updated at the discretion of the Planning Director and City Engineer to adjust for new technologies and regulations, and following publication of a resolution approving the updated Policy and Guidelines, compliance therewith is required by this Chapter, and is a condition of approval in every SWF application and permit. The provisions of the most current Wireless Facilities Application Policy and Installation Guidelines shall govern in the event of any conflict or inconsistency between any of its provisions and the provisions of this Chapter.

F. Abandonment. Whenever a wireless permittee intends to abandon a wireless facility, including any SWF, the permittee must notify the Planning Director in writing of its planned abandonment. A wireless facility including SWF shall be removed within ninety (90) days of abandonment with attainment of all required permits. Any wireless facility not in use for a period of six (6) months shall be considered abandoned and shall be removed pursuant to this Chapter.

G. Administrative Variance. The Planning Director may grant an administrative variance from any requirement imposed by this Chapter upon making either of the following findings based on substantial evidence: (i) because of special, unique circumstances applicable to the proposed location, enforcement of the requirement would deprive the applicant of privileges enjoyed by other permittees in the vicinity operating a similar SWF; or (ii) enforcement of the requirement is preempted by law. Any administrative variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other wireless providers seeking to locate any SWF in or around the proposed location.

(Ord. No. 269-19, § 1, 4-24-2019; Ord. No. 274-19, §§ 3, 4, 10-23-2019)

Each applicant/permittee shall pay one-time and recurring fees, per each SWF, in amounts (i) not less than those amounts deemed presumptively reasonable under then-in effect federal law or regulations; or (ii) established by the City by resolution as a reasonable, non-discriminatory approximation of the City's costs; or (iii) agreed upon by the City and a permittee in a master agreement.

(Ord. No. 269-19, § 1, 4-24-2019)

The provisions of this Chapter shall govern and supersede any conflicting provisions of the Westlake Village Municipal Code with respect to the permitting and regulation of SWFs in PROW.

(Ord. No. 269-19, § 1, 4-24-2019)