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Home My WebLink AboutMCUP 12-09; Viasat Dishes Building 4; Conditional Use Permit (CUP). «~;~\ ~ CITY OF CARLSBAD LAND USE REVIEW e APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permit§ 0 Administrative Permit 0 Coastal Development Permit (*) D Minor Conditional Use Permit (*) ~Minor 0 Extension 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit (*) 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential D Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan D Special Use Permit 0 Tentative Tract Map 0 Variance 0 Administrative (FOR DEPT. USE ONLY) Legislative Permits 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Specific Plan D Zone Change (*) 0Amendment 0 Amendment 0 Zone Code Amendment (FOR DEPT. USE ONLY) South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: (NORTH, SOUTH, EAST, WEST) BETWEEN C/rt1)\ .,::/) \( fO'\ ~I.E'" (NAME OF STREET) P-1 SIDE OF (NAME OF STREET) AND fALD~A~ ~frO (NAME OF STREET) Paqe 1 of6 Revised 06/12 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT All THE ABOVE INFORMATION IS TRUE AND TO THE BEST OF MY APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I AM THE LEGAL REPRESENTATIVE OF THE TAll THE ABOVE INFORMATION IS TRUE AND OF MY KNOWLEDGE. APPLICANT NAME MAILING ADDRESS:....J~~....£:2:t-:.~=:~...::::::.::!... __ _ CITY, STATE, ZIP: TELEPHONE: 7'-o '71r-C,Wr EMAIL ADDRESS: 'fart~ c.a/'r/5 @ f/t'?-fJ~ ~M. THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER All TH BOVE INFORMATION IS TRUE AND CORRECT TO OF MY NOWLEDGE. DATi!' IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/VI/E CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROP RTY CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY, SUC~SSO REST. PROPER FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED rEc: o 7 zm2 CITY OF CARLSBAD PLANNING 01\/!S!ON DATE STAMP APPLICATION RECEIVED RECEIVED BY: I~ Revised 06/12 ·-(~ '~ ~ CITY OF CARLSBAD DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit• Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I P-1(A) Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title Title ____________ _ Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes 1.......-1 No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07110 '~ .( >4 , -~ CITY 0 F CARLSBAD PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: _....IL.f!t.~..::.a.:~~~..:::fJ.__tJ""l=14J~tf.---=-£,.;;;...();.:...{~.qP~~:...;..==----- APPU~NT~ME:_Lv~u~U~,~~~~~~---------------- Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ~ ~U\t: ~w &r-~CD 0\f CS:lL,Bf c~-~ f\\~m-) ( £\) ~\SJ1N& P-1(8) Page 1 of 1 Revised 07/10 HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:~ C.!W:O I Q..o6'1 M-<J\ rn::~·~e: \. <u\•"$_~$t"_S.~~-t-5 Address: (o"Zcf O~LON ~[ Address: \/Ol.-~-'::\:{~h.lcc-i ~ lN . 21VZ~ Q~~\'(-1 A 2 X'501 \q Phone Number: 7 ~ '04-o =-]36" E:> Phone Number: (p a Z -L't ~-~ \ ~ \ Address of Site: (p 1 9\ t;L. ~\ ~ ~G Local Agency (City and county)~lii~~.6ftD/ ~()NJY f:F ~!sN D\EGO Assessor's book, page, anzd arcel number: ~ ( ~ -l<CD -(.., '!::> Specifylist(s): ~ -~\S co~ J CQuN'[-:(~.&:'.frNDL860 -7 Regulatory Identification Number:__,.--------------------- Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 04/09 Google earth B + (oc/A,p -~~s (Cur' It> dtow r..!i.p ~ lf.i' "-'< al're.J.r ,"/1 pkee_) • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111111111 1111111~1111 ~ 111111111111111111111111111111111 ~II Applicant: DORRIS GARY Description Amount MCUP1209 724.00 6191 EL CAMINO REAL CBAD Receipt Number: R0092594 Transaction ID: R0092594 Transaction Date: 12/06/2012 Pay Type Method Description Amount Payment Credit Crd VISA 724.00 Transaction Amount: 724.00 City of Carlsbad Faraday Center Faraday Cashiering 001 1234101-3 12/06/2012 98 Thu, Dec 06, 2012 04:28 PM Receipt Ref Nbr: R1234101-3/0046 PERMITS -PERMITS Tran Ref Nbr: 123410103 0046 0056 Trans/Rcpt#: R0092594 SET #: t~CUP 1209 Amount: Item Subtotal : Item Total: 1 @ $724.00 $724.00 $724.00 ITEM(S) TOTAL: $724.00 Credit Card (Auth# 055706) $724.00 Total Received: $724.00 Have a nice day! **************CUSTOMER COPY************* .... • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I ~~1~1 ~~~ ~ 1~1~ ~II~ m1 ~~I ~1111~11~~ 11111111 Applicant: DORRIS GARY Description Amount MCUP1209 9.90 6191 EL CAMINO REAL CBAD Receipt Number: R0092941 Transaction ID: R0092941 Transaction Date: 01/02/2013 Pay Type Method Description Amount Payment Credit Crd VISA 9.90 Transaction Amount: 9.90 City of Carlsbad Faraday Center Faraday Cashiering 001 1300201-3 01/02/2013 98 Wed, Jan 02, 2013 12:01 PM • Receipt Ref Nbr: R1300201-3/0026 PERMITS -PERMITS Tran Ref Nbr: 130020103 0026 0029 Trans/Rcpt#: R0092941 SET#: MCUP1209 Amount: Item Subtota 1 : Item Tot a 1: 1 @ $9.90 $9.90 $9.90 ITE~1( S) TOTAL: $9.90 Credit Card (Auth# 183309) $9.90 Total Received: $9.90 Have a nice day! **************CUSTOMER COPY************* (~~CITY OF • • FILE COPY 1·3·1,3 ~CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF REQUEST FOR A MINOR CONDITIONAL USE PERMIT Notice is hereby given that a Minor Conditional Use Permit (MCUP) has been applied for to allow the placement of numerous satellite antennas on the roof of an existing two-story building on property generally located at 6191 El Camino Real, Carlsbad, California, and more particularly described as: A portion of Parcel 1 of Parcel Map No. 110, in the City of Carlsbad, County of San Diego, State of California, according to the parcel map thereof filed in the Office of the County Recorder of San Diego County on November 10, 1972, as file number 302114 of the official records. If you have any objections to the granting of this MCUP or wish to have an informal hearing to discuss the requested MCUP, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 1 0 days of the date of this notice. If you have any questions, please call Chris Garcia in the Planning Division at (760) 602-4622. CASE NO.: MCUP 12-09 CASE NAME: VIASAT DISHES BLDG 4 DATE: January 3, 2013 CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® , • • ~ ~ ( ... ~ CITY OF ~~CARLSBAD Memorandum December 07, 2012 To: Austin Silva, Assistant Planner From: Tecla Levy, Associate Engineer Re: MCUP 12-09, VIASAT BUILDING 4 Land Development Engineering (LDE) has completed its review of the above referenced project. LDE has no comments. Please add the conditions of approval shown below to the approving resolution or letter: Engineering conditions of approval: 1. 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, 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. Developer shall notify prospective owners and tenants of the above requirements. If you or the applicant has any questions regarding the above, please contact Tecla Levy at extension 2733. cc: File Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov Community & Economic Development July 30, 2013 Gary Dorris c/o Viasat 6155 El Camino Real Carlsbad, CA 92009 SUBJECT: NOTICE OF RESTRICTION -MCUP 12-09-VIASAT DISHES BUILDING 4 Dear Applicant: a FILE www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the Minor Conditional Use Permit. Please ensure the following items are addressed prior to returning the Notice of Restriction: ../ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill886, Chapter 399)) ../ Document must be properly notarized . ../ Name on signature page and name on Notarial Acknowledgement must match . ../ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ../ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) . ../ Include property owner's name in the designated space above the owner's signature . ../ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner c: CEO Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 . , ~;led I (q) 13 • • FILE COPY _4f~A_ C IT Y 0 F VcARLSBAD Community & Economic Development July 9, 2013 Gene Chapo Coast Architects 624 Union Street Encinitas, CA 92024 www.carlsbadca.gov SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 12-09-VIASAT DISHES BLDG 4 -Request for approval of a Minor Conditional Use Permit (MCUP 12-09) to allow for up to 81 satellite dishes of various sizes and locations on the roof at 6191 El Camino Real, in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 5. Dear Mr. Chapo, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 12-09 to allow for up to 81 satellite dishes of various sizes and locations on the roof at 6191 El Camino Real. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on January 13, 2013). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting a Minor Conditional Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the 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 dishes are consistent with the Planned Industrial (PI) General Plan Land Use designation in that the PI Land Use designation does not preclude the provision of satellite dishes. Furthermore, the satellite dishes will be screened by existing parapet walls to comply with Land Use Element aesthetic objectives that seek to maintain and enhance Carlsbad's appearance. The proposed satellite dishes are directly associated with and integral to the permitted ViaSat Inc. research and development use and will allow ViaSat Inc. to accommodate the continued development and growth of their satellite communications business. 2. 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 roof mounted satellite dishes are located a minimum of 600 feet west of El Camino Real and adequately buffered from views from El Camino Real, Palomar Airport Road, and the Palomar Commons Commercial site to the north by existing parapet walls. Furthermore, the project is conditioned to restrict the satellite · Planning Division ~-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ---------------------------------• • MOUP 12-09 -Viasat Dishes Bldg 4 ,July 9, 2013 Page 2 dishes to 15 feet in height may not extend more than 5' above the maximum permitted height of the building's parapet, and conditioned to be setback from the closest parapet a distance equal to the height of the satellite dishes which will further reduce the visibility of the satellite dishes from public view. The existing use is conditionally permitted by the project site's Planned Industrial (P-M) Zoning designation. 3. 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 roof mounted satellite dishes will comply with all required development standards of the P-M Zone and Section 21.53.140(e)(2) of the Carlsbad Municipal Code and that the project area will be screened from surrounding uses and public right-of-ways by existing parapet walls. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that the satellite dishes are associated with an existing research and development use (ViaSat Inc.) and therefore will not generate additional vehicle trips. Conditions: 1. Approval is granted for MCUP 12-09 as shown on Exhibits "A" -"0" dated July 5, 2013 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 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 Conditional Use Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the MCUP 12-09 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. The 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 Conditional • • MCUP 12-09 -Viasat Dishes Bldg 4 July 9, 2013 Page 3 Use Permit, (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. · 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. 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 p_ermits. 7. All roof mounted satellite dishes shall not exceed fifteen feet in height as measured from the existing roof deck. 8. All roof mounted satellite dishes shall not extend inore than five feet above the maximum permitted height of the building's parapet. 9. Satellite dishes extending higher than the closest parapet shall be setback from the parapet a minimum distance that is equal to the satellite dish's height. 10. All satellite dishes shall be screened by the existing parapet walls. Any satellite dishes that are not adequately screened consistent with Carlsbad Municipal Code Section 21.53.140(e)(2), as determined by the City Planner, may be required to be relocated or the existing parapet may be required to be extended in height. 11. The actual physical count of satellite dishes shall be limited by reasonable space considerations for operation however shall not exceed 81 at any one time. 12. MCUP 12-09 shall be reviewed by the City Planner on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the minor conditional use permit was obtained by fraud or misrepresentation; or 2) the use for which such approval is granted is not being exercised; or 3) the conditions of approval have not been met; or 4) the minor conditional use permit is being or recently has been exercised contrary to any of the terms or conditions of approval; or 5) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 6) the use is in violation of any statute, ordinance, law or regulation; or 7) the use permitted by the minor conditional use permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall hold an informal public hearing and after providing the permittee the opportunity to be heard, the City Planner may revoke and terminate the minor conditional use permit in whole or in part, reaffirm the minor conditional use permit, modify the conditions or impose new conditions. 13. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial • • MCUP 12-09 -Viasat Dishes Bldg 4 July 9, 2013 Page4 detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 14. 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 residential housing 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. 15. Owner/applicant 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 Conditional Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 16. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering: 17. 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, 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. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 18. 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. 19. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. • • MCUP 12-09 -Viasat Dishes Bldg 4 July 9, 2013 Page 5 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 $638 plus noticing fees. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Garcia at (760) 602- 4622. Sincerely, CHRIS DeCERBO Principal Planner CD:CG:fn c: Gary Dorris, c/o Viasat, 6155 El Camino Real, Carlsbad, CA 92009 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer . Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division February 6, 2013 Coast Architects Attn: Gene Chapo 624 Union Street Encinitas, CA 92024 • SUBJECT: MCUP 12-09-VIASAT DISHES BLDG 4 • LJ FILE www.carlsbadca.gov Your project was deemed complete on January 7, 2013. At that time, comments from the Fire Department were unavailable. Please add the following Fire Department comments to the outstanding issues for this project. Please contact Greg Ryan in Fire Prevention at {760) 602-4661 if you have any questions regarding Fire Prevention comments. If you have general questions, or wish to set up a meeting to discuss the application please contact me at {760) 602-4622 or at Chris.Garcia@carlsbadca.gov. Sincerely, CHRIS GARCIA Junior Planner CG:sm c: Gary Dorris c/o Viasat, 6155 El Camino Real, Carlsbad, CA 92009 Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • MCUP 12-09-VIASAT DISHES BLDG 4 February s, 2013 Page 2 ISSUES OF CONCERN Fire Prevention: 1. City Policy 80-6-Roof Mounted Development a. Demonstrate compliance with the attached city policy regarding roof mounted equipment and how this proposal does not pose a significant risk to firefighters who may conduct fire suppression activities on top of this roof. Planning Division February 5, 2013 Coast Architects Attn: Gene Chapo 624 Union Street Encinitas, CA 92024 • SUBJECT: MCUP 12-09-VIASAT DISHES BLDG 4 • u FILE www.carlsbadca.gov Congratulations, your project application was deemed complete on January 7, 2013, and the City has determined on February 5, 2013 that the project is exempt from CEQA. In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act (California Government Code Section 65950), an administrative decision to approve or deny the project must be determined by AprilS, 2013. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by March 22, 2013. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. Should you have any questions regarding an application extension or withdrawal, please contact Chris Garcia at 760-602-4622 or by email at chris.garcia@carlsbadca.gov. Sincerely, ~){, DON NEU, AICP City Planner DN:CG:sm c: · Gary Dorris, c/o Viasat, 6155 El Camino Real, Carlsbad, CA 92009 Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 _df~.A_ h\ A' I L '-[) 0-j ~t~/12> ~~ .... ,CITY OF ~CARLSBAD • • LJ FILE Planning Division www.carlsbadca.gov February 5, 2013 Coast Architects Attn: Gene Chapo 624 Union Street Encinitas, CA 92024 SUBJECT: MCUP 12-09 -VIASAT DISHES BLDG 4 -CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Existing Facilities-State CEQA Guidelines Section 15301. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Chris Garcia, at (760) 602-4622 or chris.garcia@carlsbadca.gov. DON NEU, AICP City Planner DN:CG:sm c: Gary Dorris, c/o Viasat, 6155 El Camino Real, Carlsbad, CA 92009 Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • • DFILE Planning Division www.carlsbadca.gov January 7, 2013 Coast Architects Attn: Gene Chapo 624 Union Street Encinitas, CA 92024 SUBJECT: 1ST REVIEW FOR MCUP 12-09-VIASAT DISHES BUILDING 4 Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Conditional Use Permit, application no. MCUP 12-09, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide 2 complete sets of the revised development plans so that the project can continue to be reviewed. The Citv will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Chris Garcia, at (760) 602-4622, to discuss or to schedule a meeting to discuss your application and to completely understand thjs letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, ~ teGJw CHRIS DeCERBO Principal Planner CD:CG:sm c: Gary Dorris, c/o ViaSat, 6155 El Camino Real, Carlsbad, CA 92009 Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry T 760-602-4600 F 760-602-8559 ® • • MCUP 12-09-VIASAT DISHES BUILDING 4 January 3, 2013 Page 2 ISSUES OF CONCERN Planning: 1. Please show the existing, newly constructed, parapet along the south segment of the building's east elevation as well as show its height. 2. Parapets similar to the one constructed on the south segment of the east elevation will need to be installed on the remaining east elevation segment, the north elevation and the west elevation in order to adequately screen the satellite dishes from adjacent properties. Please show the proposed parapets and their heights on the plans. 3. On Sheet A2.1, please revise Roof Equipment Note 1 as the statement regarding height applies to ground mounted satellite dishes only. Please add the following: Roof-mounted satellite dishes shall not exceed fifteen feet in height from the existing roof. 4. On Sheet A2.1 please place a note on the plans that satellite dishes extending higher than the closest parapet shall be setback from the parapet a minimum distance that is equal to the satellite dish's height. 5. On Sheet A5.2, please show the height of the existing roof. 6. On Sheet A1.2, please remove reference to Conditional Use Permit 12-01 and add the correct project number (MCUP 12-09) to the top right corner.