HomeMy WebLinkAboutMCUP 09-06; VIASAT DISH FARM; Admin Decision LetterApril 23, 2009
ViaSat, Inc,
Gary Dorris
6161 El Camino Real
Carlsbad, CA 92008
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PLANNED INDUSTRIAL PERMIT AMENDMENT
SUBJECT: PIP 98-07(8)-VIASAT DISH FARM
The City has completed a review of the application for a Planned Industrial Permit Amendment for
development located at 6161 El Camino Real. The project would allow for a 9,412 sq.ft. expansion
to a 3,617 sq.ft. existing satellite antenna dish farm (total of 13,029 sq.ft.) located within an
office/industrial parking lot to accommodate additional satellite antennas up to 30 feet tall. The
project is located at 6161 El Camino Real within the ViaSat Corporate Headquarters Campus site, in
the Planned Industrial (P-M) Zone, and in Local Facilities Management Zone 5.
It is the Planning Director's determination that the project is consistent with the City's Planned
Industrial Zone regulations (Chapter 21.34) and with all other applicable City ordinances and
policies. The Plal)ning Director, therefore, approves this request based on the following:
Findings:
1. That the site indicated by the Planned Industrial Permit Amendment PIP 98-07(8) as shown
on, Exhibits "A" -"J" of PIP 98-07(8), dated April 23, 2009 is adequate in size and shape
to accommodate the proposed use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required by Chapter 21.34 in that the project complies with
all of the development standards of the Planned Industrial zone and all required public
facilities and services continue to be provided. All required building setbacks are
provided, lot coverage is well below the maximum permitted; and the addition of a 12
foot tall slatted chain link fence with climbing vines and 26 new large Eucalyptus and
Pine trees that will grow to heights of 30 -90 feet will help screen the new antennas
and dish farm expansion area. Although parking spaces are being eliminated to
accommodate the development, the project maintains a surplus (21) of required
parking spaces.
2. That the improvements indicated on the Planned Industrial Permit Amendment PIP 98-07(8)
as shown on, Exhibits "A" -"J" of PIP 98-07(8), dated April 23, 2009 are located in such a
manner to be related to existing and proposed streets and highways in that access to the
satellite antenna dish farm is provided from El Camino Real, which was previously
approved by Planned Industrial Permit PIP 98-07, in accordance with City Engineering
Standards. The project does not require any street improvements.
3. That the improvements as shown on the Planned Industrial Permit Amendment PIP 98-07(8)
as shown on, Exhibits "A" -"J" of PIP 98-07(8), dated April 23, 2009 are consistent with
the intent and purpose of the Planned Industrial zone and all adopted development, design
and performance standards as set forth in Chapter 21.34 in that the project conforms to
the applicable requirements for building height, setbacks, parking, and lot coverage,
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
• • ·~·PIP 98-07(8) -VIASAT DISH FARM
April 23, 2009
Page 2
as well as the architectural design criteria and performance standards of the P-M zone
(Chapter 21.34 of the Zoning Ordinance).
4. That the Planning Director has determined that: the project is exempt from the requirements
of the California Environmental Quality Act (CEQA) per Section 15301(e) Existing Facilities
of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
5, That the Planning Director finds that the project, as conditioned herein, is in conformance
with the Elements of the City's General Plan, in that the proposed satellite antenna farm
expansion is consistent with the Planned Industrial (Pl) General Plan Land Use
designation. Further, the project features appropriate design and screening (addition
of a 12 foot tall slatted chain link fence with climbing vines and 26 new large
Eucalyptus and Pine trees) to comply with all of the Land Use Element aesthetic
objectives. Finally, the project complies with other applicable General Plan
objectives, such as those concerned with adequate vehicle circulation.
6. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and ordinances.
The project includes elements or has been conditioned to construct or provide funding to
ensure that all facilities and improvements regarding: sewer collection and treatment; water; .
drainage; circulation; fire; schools; parks and other recreationai facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically:
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
c. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance. This fee
will be used to construct recreational facilities to offset demand created by
employees within Local Facilities Management Zone 5.
7. That the project is consistent with the City's Landscape· Manual (Carlsbad Municipal Code
Section 14.128.020 and Landscape Manual Section 18).
8. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonc!bly related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of-a
building permit. •
1. Approval is granted for PIP 98-07(8) as shown on Exhibits "A" -"J" of PIP 98-0(8), dated
April 23, 2009, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
PIP 98-0?(B) -v1~SAT olH FARM
April 23, 2009
Page 3
2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; record a notice of violation on the property title; deny or further condition issuance of
all future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the City's approval of this Planned Industrial Permit Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Industrial Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid unless
the City Council determines that the project without the condition complies with all
requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Planned Industrial Permit
Amendment, (b) City's approval or issuance of any permit or action, whether discretionary
or non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues· even if the City's approval is not
validated. ·-
7. This approval is granted subject to the approval of MCUP 09-06 and is subject to all
conditions contained in the Planning Director's approval letter for MCUP 09-06 for this other
approval incorporated herein by reference.
8. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are required as
part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits, including, but not limited to the following:
-• PIP 98-0?(B) -VIASAT DISH FARM
April 23, 2009
Page4
a. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit_ issuance. This fee will be
used to construct recreational facilities to offset demand created by employees within
Local Facilities Management Zone 5.
11. This approval shall become null and void if building permits are not issued for this project
within 24 months from the date of project approval.
12. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When
so required, the Developer shall submit and obtain approval of the Fire Chief and the
Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan.
13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the
City's Landscape Manual. Developer shall construct and install all landscaping as shown on
the-approved Final Plans, and maintain all landscaping in a healthy and thriving condition,
free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Department and accompanied by the project's
building, improvement, and grading plans.
15. At all times, landscape screening of the satellite antenna dish farm shall be
maintained in a healthy, thriving condition. If necessary, landscaping shall be
replaced to maintain this healthy condition. Any replacement landscaping shall be
compatible with other existing and proposed landscaping, and capable of screening
the satellite antennas. The landscape screening of the satellite antenna dish farm
approved as part of PIP 98-07(8) shall be incorporated into the final construction
drawings.
16. Unless otherwise stated, this industrial project shall comply with all applicable City
ordinances and requirements.
17. Prior to the issuance of the Planned Industrial Permit Amendment, Developer shall submit
to the City a Notice of Restriction executed by the owner of the real property to be
developed. Said notice is to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested 'parties and successors in interest
that the City of Carlsbad has issued a Pl"anned Industrial Permit Amendment PIP 98-07(8)
on the property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details ai:,d all· conditions of approval as well as any
.conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning
Director has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in
interest.
Engineering
18. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but
are not limited to pollution treatment practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or devices
to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater
conveyance system to the maximum extent practicable.
PIP 98-07(8) -VIASAT oli FARM
April 23, 2009 •
Page 5
19. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer
shall also submit the appropriate Tier level Storm Water Compliance form and Tier level
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all
to the satisfaction of the City Engineer.
20. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, as part of the Building Plans for this
project, site grading plans for the precise grading as shown on the site plan all subject to
City Engineer approval.
21. Developer shall incorporate Low Impact Development (LID) design techniques, on all final
design plans submitted to the City', to reduce the amount of run-off by mimicking the natural
hydrologic function of the site by preserving natural open-spaces and natural drainage
channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off
before run-off leaves the site. Developer shall incorporate LID techniques using current
County of San Diego Low Impact Development Handbook (Stormwater Management
Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain
gardens, and porous pavement, which can greatly reduce the volume, peak flow rate,
velocity and pollutants. Developer shall include appropriate design measures on the
building plans to prevent non-stormwater discharge into existing storm drain system.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
22. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
23. Developer shall exercise special care during the construction phase of this project to prevent
offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad
Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City
Engineer.
24. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances 'in effect at time of building permit
issuance, except as otherwise specifically provided herein.
25. The project shall comply with the latest. nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a)
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure
will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
• • PIP 98-07(8) -VIASAT D1$H FARM
April 23, 2009
Page 6
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning,
grading, or other similar application processing or service fees in connection with this project; NOR
DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar
to this, or as to which the statute of limitations has previously otherwise expired.
If you have any questions, please call Greg Fisher at (760) 602-4629.
Z ' H"7fl /)~ // ( ~f!::>r l,;--
GAR T. BARBERIO
Assistant Planning Director
GTB:GF:sm:lt
c: Levine Investments Limited, 1702 East Highland Avenue, #310, Phoenix, AZ 85016
Coast Architects, Gene Chapo, 624 Union Street, Encinitas CA 92024
Chris DeCerbo, Team Leader
Clyde Wickham, Project Engineer
Glen Van Peski, Senior Civil Engineer
Cynthia Haas
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