Town Of Moraga

Small Cell Wireless Facilities Ordinances - April 2019

The Town Council adopted an urgency ordinance amending various sections of Moraga Municipal Code Chapter 8.144 to add general development standards, procedures and aesthetic criteria for small cell wireless facilities. This action was mandated by the recently-enacted Federal Communications Commission (FCC) Declaratory Ruling and Third Report and Order, referred to as the “Carr Order.” The Carr Order strips local jurisdictions of almost all of their ability to regulate the placement of small cell wireless facilities within the public right-of-way. The new procedures, standards and aesthetic criteria were designed to regulate small cell sites in a manner that adheres to the limitations of the Carr Order while still protecting the aesthetic character of the Town to the extent allowed. The revisions to the zoning ordinances were made under protest and solely for the purpose of complying with the express and overly burdensome mandates of the Carr Order.

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