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HomeMy WebLinkAboutMCUP 13-11; Viasat Antenna Pad Enclosure; Conditional Use Permit (CUP). ~CARLSBAD Community & Economic Development www.carlsbadca.gov October 17, 2013 Gary Dorris 6155 El Camino Real Carlsbad, CA 92009 SUBJECT: MINOR CONDITIONAL USE PERMIT NO. MCUP 13-11 -VIASAT ANTENNA PAD ENCLOSURE -Request for approval of a Minor Conditional Use Permit to allow the installation, operation, and maintenance of multiple satellite antennas to serve ViaSat Inc. The satellite antennas are mounted to moveable carts located on the ground within a proposed equipment enclosure at the rear of Building No. 5 and within a portion of the parking lot. The six foot tall equipment enclosure will be designed and constructed to match the existing office industrial buildings. The project site is located at 6183 El Camino Real (APN: 213-100-04), in the P-M Zone and Local Facilities Management Zone 5. Dear Gary, The City Planner has completed a review of your application for a Minor Conditional Use Permit MCUP 13-11-VIASAT ANTENNA PAD ENCLOSURE for the installation of a satellite antenna facility within a planned industrial/office development located on Lot 4 within ViaSat's main campus (APN: 213-100-04) at 6183 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 October 7, 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 allowing the installation of the satellite antennas to serve ViaSat Inc. at the proposed site is an accessory land use which is consistent with the area's Planned Industrial (PI) General Plan Land Use designation. Furthermore, the satellite dishes will be screened by a six foot tall enclosure 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. ® MCUP 13-11-VIASAT ANTENNA PAD ENCLOSURE October 17, 2013 Pa e 2 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 satellite antennas are not precluded by the project site's Planned Industrial (P-M) zoning. The ground mounted antennas will be located within the rear fifty percent of the lot; will not exceed the maximum 20 foot height limit (5'1" proposed antenna height); will not be used as a sign or advertising; will not be located in any required parking area; and will not interfere with and are not readily visible to other surrounding uses as the 5'1" tall satellite antennas will be located within a six foot tall equipment enclosure and completely screened. 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 satellite antennas will be located within an equipment enclosure that will be designed and constructed to match the existing office industrial buildings and complies with the P-M Zone development standards and Section 21.53.140(e)(1) of the Carlsbad Municipal Code. The equipment enclosures location within the parking lot and the reduction of seven parking spaces will not impact the project site circulation or reduce the total number of required parking spaces below the minimum requirements of 225 spaces. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that that the satellite dishes are associated with an existing research and development use (ViaSat Inc.) and therefore will not generate additional vehicle trips. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. Approval is granted for MCUP 13-11 as shown on Exhibits "A"-"E" dated October 17, 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 13-11 documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as MCUP 13-11-VIASAT ANTENNA PAD ENCLOSURE October 17, 2013 Pa e 3 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 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 permits. 7. MCUP 13-11 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. 8. 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 detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 10. 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 MCUP 13-11-VIASAT ANTENNA PAD ENCLOSURE October 17, 2013 Pa e 4 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. 11. Prior to the issuance of a building permit, 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. 12. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 13. 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: 14. 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. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders: 15. 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. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. '· MCUP 13-11-VIASAT ANTENNA PAD ENCLOSURE October 17, 2013 Pa e S 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 $651.00. 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 Greg Fisher at (760) 602-4629. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:fn c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry