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HomeMy WebLinkAboutSDP 14-04; Viasat Dish Farm; Site Development Plan (SDP)-~ ~CARLSBAD Community & Economic Development August 25, 2014 GeneChapo MINOR SITE DEVELOPMENT PLAN/MINOR CONDITIONAL USE PERMIT NOTICE OF DECISION Coast Architects 624 Union Street Encinitas, CA 92024 RE: SOP 14-04/MCUP 14-02-VIASAT DISH FARM www.carlsbadca.gov The City has completed a review of the application for a Minor Site Development Plan and Minor Conditional Use Permit. The project would allow for a new 10,201 square foot satellite antenna dish farm located within an office/industrial parking lot to accommodate additional satellite antennas up to 9 meters (32 feet) tall. This is in addition to the existing 3,617 square foot satellite dish farm. 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 City Planner's determination that the project SOP 14-04/MCUP 14-02-VIASAT DISH FARM, is ·consistent with the City's applicable Qualified Development Overlay Zone Regulations (Chapter 21.06), the City's Minor Conditional Use Permit Ordinance (Chapter 21.42), and with all other applicable City ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: Minor Site Development Plan Findings (SOP 14-04) 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, and all other applicable provisions of Title 21, in that the project site consists of a 8.26 acre previously developed industrial lot improved with a two-story office/industrial building with an existing 3,617 square foot dish farm and associated parking located on the west side of El Camino Real between Palomar Airport Road and Gateway Road. The proposed satellite antenna dish farm is consistent with the Planned Industrial General Plan Land Use designation in that satellite dish .antennas are conditionally allowed by the implementing P-M Zone and is compatible with existing office/industrial uses that are located in the area. Furthermore, the proposed satellite antenna dish farm meets all of the development standards including building height, setbacks, parking and lot coverage, as well as the .architectural design criteria and performance standards of the P-M zone (Chapter 21.34 of the zoning ordinance), and in compliance with Section 21.53.140(e)1 of the C.M.C. as described in finding No. 10. Although parking spaces are being eliminated to accommodate the development, the project maintains a surplus (16) of required parking spaces. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 SDP 14-04/MCUP 14-02-VIASAT DISH FARM August 25, 2014 Pa e 2 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 or to 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 satellite antenna dish farm use within the Planned Industrial General Plan Land Use designation is compatible with existing office/industrial park uses that are already located throughout the area. 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, 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 an 8 foot slatted chain link fence enclosure with climbing vines and new proposed Eucalyptus and Mondell Pine trees that will grow to heights of 30 -90 feet to further reduce the visibility of the satellite antennas from public view. 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 associated with an existing research and development use (ViaSat Inc.) and will therefore not generate additional vehicle trips. 3. That the site for the intended 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 Section 21.53.140(e)l of the C.M.C. and that the project area will be screened from surrounding uses and public right-of-ways by a 8 foot slatted chain link fence enclosure with climbing vines and new proposed Eucalyptus and Mondell Pine trees will be planted adjacent to the satellite antenna dish farm area. Although parking spaces are being .eliminated to accommodate the development, the project maintains a surplus (16} of required parking spaces. 4. That all 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 Section 21.53.140(e)l of the C.M.C. in that the project area will be screened from surrounding uses and public right-of- ways by a 8 foot slatted chain link fence enclosure with climbing vines and new proposed Eucalyptus and Mondell Pine trees will be planted adjacent to the satellite antenna dish farm area. 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 antennas are associated with an existing research and development use (ViaSat Inc.) and will therefore not generate additional vehicle trips. Minor Conditional Use Permit Findings 6. 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 antenna farm is consistent with the Planned Industrial (PI} General Plan Land Use designation in that Satellite antennas are conditionally allowed by the implementing P-M Zone. The project SDP 14-04/MCUP 14-02-VIASAT DISH FARM August 25, 2014 Pa e 3 features appropriate design and screening (addition of a 8 foot tall slatted chain link fence enclosure with climbing vines and new Eucalyptus and Pine trees) to comply with all of the Land Use Element aesthetic objectives. Furthermore, the project complies with other applicable General Plan objectives, such as those concerned with adequate vehicle circulation. The proposed antenna dish farm is directly associated with, and integral to the permitted ViaSat Inc. research and development use. The new satellite antennas with heights up to 9 meters {32 feet) tall, is essential to, and will allow ViaSat Inc. to accommodate the continued development and growth of their satellite communications business. 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, 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 an 8 foot slatted chain link fence enclosure with climbing vines and new Eucalyptus and Mandell Pine trees that will grow to heights of 30-90 feet to further reduce the visibility of the satellite antennas from public view. The proposed use is conditionally allowed by the project site's Planned Industrial (P-M) Zoning designation. 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 antenna dish farm will comply with all required development standards of the P-M Zone and Section 21.53.140 (e)1 of the C.M.C. and that the project area will be screened from surrounding uses and public right-of-ways by a 8 foot slatted chain link fence enclosure with climbing vines and new large Eucalyptus and.Mondell Pine trees will be planted adjacent to the satellite antenna dish farm area. 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 associated with an existing research and development use (ViaSat Inc.) and will therefore 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 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 both existing landscaping and a proposed 8 foot tall slatted chain link fence enclosure with climbing vines and new proposed Eucalyptus and Mandell Pine trees that will grow up to heights of 30-90 feet; and the proposed antenna dish farm will not eliminate any required parking spaces. The proposed maximum 9 meter (32 foot) tall antennas will exceed the 20 feet height limit. However, Section 21.42.140(A)(2) of the C.M.C. allows the approval of additional antenna height through a Conditional Use Permit. Although the antennas exceed the permitted 20 foot height limit, they will be adequately screened. The additional satellite antenna height, up to 9 meters tall {32 feet), is essential to allow ViaSat Inc. to accommodate the continued development and growth of their satellite communications business. SOP 14-04/MCUP 14-02-VIASAT DISH FARM August 25, 2014 Pa e 4 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 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. 12. That the project is consistent with the City's Landscape Manual {Carlsbad Municipal Code Section 14.128.020 and Landscape Manual Section 1B). 13. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act {CEQA) per Section 15303 (New construction or conversion of small structures) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 14. The City Planner 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 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: 1. The City Planner does hereby APPROVE the Minor Site Development Plan and Minor Conditional Use Permit SOP 14-04/MCUP 14-02, for the project entitled ViaSat Dish Farm (Exhibits "A"-"1"), dated August 25, 2014, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 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 Site Development Plan and Minor Conditional Use Permit. SDP 14-04/MCUP 14-02-VIASAT DISH FARM August 25, 2014 Pa e 5 · 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. The 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 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 a Illegal proceedings have been concluded and continues even if the City's approval is not validated. 7. 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. 8. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local. Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. SDP 14-04/MCUP 14-02-VIASAT DISH FARM August 25, 2014 Pa e 6 10. MCUP 14-02 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. 11. This Minor Site Development Plan and Minor Conditional Use Permit is granted for a period of five years from August 25, 2014 through August 24, 2019. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Planner may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Planner may grant. 12. 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. 13. 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. 14. 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. Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building permit. SDP 14-04/MCUP 14-02-VIASAT DISH FARM August 25, 2014 Pa e 7 General 15. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. Grading 16. 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 control 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. Developer shall notify prospective owners and tenants of the above requirements. 17. D.eveloper 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 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 18. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Code Reminders 19. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 20. 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.