Wireless Communication Facilities - Section 6409(a) on Private Properties

AntennasThis webpage provides information for processing a Wireless Communication Facilities-Section 6409(a) and Zoning Clearance on an existing wireless communication facility that has been reviewed and approved through the applicable zoning process. Issuance of a Zoning Clearance is a ministerial action that amends the existing land use permit for a wireless communication facility. The fee for this application is $110.00 and will need to be submitted along with the Section 6409(a) application. If you have any questions regarding wireless communication facilities on private property, please contact Philip Neumann, Planning Technician, at (805) 617-6230, or via email at pneumann@moorparkca.gov

Background of Wireless Communication Facilities - Section 6409 (a)

On February 22, 2012, Congress passed the Middle Class Tax Relief and Job Creation Act of 2012, and included within that new federal legislation was a provision specific to wireless communication facilities – Section 6409(a). This provision states that a “local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station”. Congress intended this provision of the Spectrum Act to advance wireless service by expediting the deployment of the network facilities needed to provide wireless services.

Findings for Authorization of a Section 6409(a) - Zoning Clearance

In your application, please provide a complete project description explaining in explicit factual detail why Section 6409(a) governs the proposed change permit request. The narrative should identify each required finding of approval and explain the facts that allow the Community Development Director designee to affirmatively make each finding. The following items will be considered in a determination that a proposed modification is not a substantial change pursuant to Section 6409(a) and, therefore, eligible for a Zoning Clearance.

A. The proposed change to an eligible facility is not a substantial change pursuant to the federal standards described in the Middle Class Tax Relief and Job Creation Act of 2012.

B. The existing permits for the wireless communication facility support structure, including buildings that currently support existing wireless transmission equipment, are in good standing.

C. The proposed modifications are within the lease or license area.

D. The modifications are not proposed on a building or other resource regulated by the National Environmental Preservation Act.

E. The height increase is not a substantial change as measured from the dimensions of the tower or base station (as it had been previously modified) on February 22, 2012, except for deployments separated horizontally, for which height is measured from the original support structure only.

The Planning Division may deny without prejudice a Wireless Communication Facilities Section 6409(a) - Zoning Clearance application when:

A. Based on the materials submitted by the applicant, the Director’s appointee cannot make all findings required for the type of proposed change;

B. The proposed change would violate an objective, generally applicable law related to health a safety;

C. The proposed change involves the replacement of the entire support structure; or

D. The proposed change would result in a substantial change in the physical dimensions pursuant to federal law.

Applications Required: