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HomeMy WebLinkAboutSDP 2025-0005; VIASAT ATENNA ENCLOSURE; Admin Decision Letter{city of Carlsbad January 16, 2026 Milos Makaric 13280 Evening Creek Drive S, Unit 125 San Diego, CA 92128-4101 SUBJECT: SDP 2025-0005/CUP 2025-0003 (DEV2025-0059) -VIASAT ANTENNA ENCLOSURE - Request for approval of a Minor Site Development Plan (SDP) and Minor Conditional Use Permit (CUP) for a 1,292-square-foot expansion to an existing satellite antenna/dish yard located to the rear of the property and adjacent to the north property line. A total of two satellite antennas/dishes and one equipment cabinet will be located within the expanded antenna enclosure area. The proposed heights of the satellite dishes are 9'-6" inches and 19'-6" and the height of the electrical cabinet is 7'-6." The antenna enclosure is proposed to be screened by a six-foot-tall chain-link fence with plastic slats with landscape screening in front to match the existing adjacent satellite antenna enclosure to the east. A total of six (6) parking spaces are proposed to be removed to accommodate the new equipment enclosure, resulting in 1153 spaces for the light industrial office complex where 1153 spaces are required. Access to the project site is provided via existing driveways off El Camino Real to the east. The 8.17-acre site is located at 6161 El Camino Real (APN 213-100-24-00) and is developed with a 60,000 square foot light industrial building occupied by VIASAT. The building is part of a larger light industrial development comprising five existing buildings spanning three legal lots with shared parking and access. The site is subject to the Planned Industrial (Pl) General Plan Land Use Designation and is Zoned Planned Industrial (P-M). Dear Mr. Makaric, The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2025- 0005 and Minor Conditional Use Permit CUP 2025-0003 to expand an existing satellite dish antenna yard for VIASAT, located at 6161 El Camino Real. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Sections 21.06.070 and 21.42.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2025-0005/CUP 2025-0003 (DEV2025-0059) -VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 2 Findings: Minor Site Development Plan, SOP 2025-0006 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code (CMC}, and all other applicable provisions of this code in that the project site consists of a 8.17-acre light industrial lot improved with a two-story office/industrial building, surface parking and an existing 4,308 square foot dish farm located on the west side of El Camino Real between Palomar Airport Road to the north and Gateway Road to the south. The proposed 1,292-square-foot expansion to the existing satellite antenna/dish yard, which includes two satellite antennas/dishes (9'-6" and 19'-6") and one, 7'-6"-tall equipment cabinet, is consistent with the Planned Industrial (Pl) General Plan Land Use designation in that satellite dish antennas are conditionally allowed in the P-M Zone which implements the Pl General Plan Land Use designation. The antennas are an existing use onsite and are compatible with existing office/industrial uses that are in the light industrial complex, consisting of four other buildings which share access and parking throughout the site. The proposed expansion to the satellite antenna dish farm complies with the development standards including building height, setbacks, parking and lot coverage, and performance standards of the P-M zone. Specifically, a total of 6 parking spaces are proposed to be eliminated, resulting in a total of 1153 shared parking spaces for the complex, which is the required number of parking stalls (i.e., no surplus with the proposed project). The project also complies with CMC Section 21.53.130(e)(l) in that the ground-mounted antennas do not exceed 20 feet in height; are located in the rear of the property; are screened from the adjacent property to the north by landscaping and within the complex by a fence with landscape screening to match the existing antenna yard; and the parking for the light industrial complex remains compliant with the Parking Ordinance, CMC Chapter 21.44. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses orto development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the proposed the proposed 1,292-square-foot expansion to the existing satellite antenna/dish yard for VIASAT within the P-M zone is compatible with existing office/industrial park uses that located in the vicinity of the project site. The ground-mounted antennas are a minimum of 900 feet west of El Camino Real and adequately buffered from views from El Camino Real, Palomar Airport Road, and the Lowes Center site to the north by existing landscaping previously installed through CUP 98-08 -Lincoln North Pointe. Furthermore, the project includes the installation of a 6-foot-tall, slatted chain link fence enclosure with climbing vines to match the existing satellite dish antenna yard east and adjacent to the proposed satellite antenna dishes. The existing use is not precluded by the project site's Planned Industrial (P-M) Zoning designation. The project will not adversely impact the site, surroundings, or traffic circulation in that the new satellite antennas are an accessory use associated with existing research and development use (VIASAT) and will therefore not Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2025-0005/CUP 2025-0003 (DEV2025-0059)-VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 3 generate additional vehicle trips. In addition, the internal traffic circulation complies with Fire Department and Land Development Engineering requirements. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use in that the proposed antenna dish farm will comply with all required development standards of the P-M Zone and CMC Section 21.53.130(e)(l), including setbacks, building coverage, landscaping, parking, and height restrictions. The antenna yard will be screened from the commercial shopping center to the north and public rights-of-way by a landscape screen along the shared property line and existing development. Within the light industrial complex, the lower portion of the antennas will be screened by a 6-foot-tall, chain link fence with slats and climbing vines to match the adjacent satellite dish farm area, which utilizes the same screening. A total of six parking spaces are proposed to be removed, and the project remains consistent with the requirements of the Parking Ordinance, CMC Chapter 21.44. A total of 1153 spaces are required and 1153 are provided for light industrial office complex consisting of five light industrial buildings. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that the proposed antenna dish farm will comply with all required development standards of the P-M Zone and CMC Section 21.53.140(e)(l). The enclosure will be screened from the commercial shopping center to the north and public right-of-way to the east by existing landscaping and buildings. A 6-foot-tall, chain link fence enclosure with slats and climbing vines to match the existing enclosure will screen the lower half of the antennas within the light industrial complex. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the new satellite dish antennas are an accessory use associated with existing research and development uses (VIASAT) and will not generate additional vehicle trips. Minor Conditional Use Permit, CUP 2025-0003 6. Thatthe requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that the proposed satellite dish antennas are consistent with the Planned Industrial (Pl) General Plan Land Use designation and satellite antennas are conditionally allowed by the implementing P-M Zone, CMC Chapter 21.34, and CMC Section 21.53.130(e)(l). To comply with screening requirements, a 6-foot-tall chain link fence with slats and climbing vines are proposed to comply with the Land Use Element aesthetic objectives and the development standards in Title 21. The proposed expansion to the existing antenna dish farm is integral to the permitted VIASAT research and development use. The new satellite antennas with heights up to 19'-6", areessential to VIASAT and will allow for the continued development and growth of satellite communications. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2025-0005/CUP 2025-0003 (DEV2025-0059) -VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 4 7. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the ground-mounted antennas are located a minimum of 900 feet west of El Camino Real and adequately buffered from views from El Camino Real to the east, Palomar Airport Road and the Lowe's commercial center to the north by existing landscaping previously constructed through CUP 98-08 -Lincoln North Pointe. Furthermore, the project includes the installation of a 6-foot-tall, slatted chain link fence with slats and climbing vines to reduce the visual impacts of the project when viewed from the interior of the light industrial complex. In addition, the materials and landscaping will match the existing enclosure materials adjacent to the project. 8. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed. in this code and required by the City Planner in order to integrate the use with other uses in the neighborhood in that the proposed satellite antenna dish farm will comply with all required development standards of the P-M Zone and CMC Section 21.53.140(e)(l). Specifically, the satellite dish antennas are located in the rear 50 percent of the lot, do not exceed 20 feet in height, are not being used as a sign or contain advertising, adequate parking remains for the light industrial development (1153 spaces required/1153 spaces remain) and the antennas are adequately screened by a fence with landscaping in front as well as landscaping, including several tall trees along the north property line, which is shared with the commercial use to the north. The antennas will not be visible from El Camino Real to the east and Palomar Airport Road to the north. 9. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the new satellite antennas are accessory uses associated with VIASAT, an existing research and development building, and will not generate additional vehicle trips. 10. The ground-mounted antennas comply with all of the required development standards of Section 21.53.140{e){1) of the Carlsbad Municipal Code in that the satellite antenna dish farm is located in the rear fifty percent of the lot; no signage is proposed on the antennas; the antennas will be adequately screened from El Camino Real, Palomar Airport Road, and the Lowes Center site to the north by existing landscaping and a proposed 6- foot-tall slatted chain link fence enclosure with climbing vines. Further, although 6 parking spaces are proposed to be removed, adequate parking remains for the light industrial office complex. General Findings: 11. 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 recreational facilities; libraries; government Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2025-0005/CUP 2025-0003 (DEV2025-0059}-VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 5 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 the building permit. C. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. D. A growth management park fee of $0.40 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. 12. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 13. The City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303(e) (New Construction or Conversion of Small Structures) of the State CEQA Guidelines and will not have an adverse significant impact on the environment. 14. That the request for a Minor Site Development Plan (SDP 2025-0005) and Minor Conditional Use Permit (CUP 2025-0003) was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 15. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably 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 issuance of the building permit. 1. Approval is granted for SDP 2025-0005/CUP 2025-0003 as shown on Exhibits "A" -"G" dated January 16, 2026, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2025-0005/CUP 2025-0003 (DEV2025-0059) -VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 6 according to their terms, the city shall have the right to revoke or modify all approvals herein granted; 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 Minor Site Development Plan and Minor Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and Minor Conditional Use Permit 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 conditions 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 Minor Site Development Plan and Minor Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. 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: a. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2025-0005/CUP 2025-0003 (DEV2025-0059) -VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 7 recreational facilities to offset demand created by employees within Local Facilities Management Zone 5. 9. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 10. 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. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan and Minor Conditional Use Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction . The City Planner 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. 13 . Developer shall submit and obtain City Planner 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 and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan and thereafter comply with the approved plan. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2025-0005/CUP 2025-0003 (DEV2025-0059)-VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 8 Code Reminders: 17. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 18. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown on the site plan are for planning purposes only. 19. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 20. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 21. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 23. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 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 the 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. 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $952.00. The filing of such an appeal within such time shall stay the effective date of the order of the City Planner until such time as a final decision Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2025-0005/CUP 2025-0003 (DEV2025-0059}-VIASAT ANTENNA ENCLOSURE January 16, 2026 Pa e 9 on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shannon Harker at (442} 339-2621. Sincerely, ~~ ERIC LARDY, AICP Assistant Director of Community Development EL:SH:cf c: Andrew Cohn, Levine Investments LP, 2801 Camelback Rd., Ste. 450, Phoenix, AZ, 85016-4363 Sang Yi, Viasat Inc., 20240 E. Technology Circle, Tempe, AZ 85284 Linda Ontiveros, Land Development Engineering Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600