HomeMy WebLinkAboutV 378; NTN Communications; Variance (V). I
one General Plan
P-M
roposed Zone Propxed General Plan
'LAND USt; PLANNINQ APPLICATION
Assessors Parcel N&r a~070- (G
Existing Land USe
Office Complex
Site Acreage
9.5
Ozone Change 0a"pecific plan
DGeneral Plan Amendment USite Development Plan OTentative Tract Map Eonditional Use Permit 0 Major planned unit Development
Master Plan OPlanning Cannission Determination OMajor Redevelopnent Permit Dpecial Use Permit Minor Redevelopment Permit mtructure Relocation 0 Precise Developnent plan rzpla jor Condominium Permit
hplete Description of Project (attach add itional sh eets it necessary)
mariance
(check other boxes if qpprapriate) acoastal ?emit (Portion of Wevelopnen - only)
ame (Print or Type)
ailing Address
2141 Palomar Airport Road - 300
ity and State Zip Telephone
Graham Business Plaza
Suite
Carlsbad, CA 92008 438-1545
- See Attached -
Name (Print or Type)
Mailing Address
City and State z iP Telephon
NTN Communications, Inc.
2121 Palomar Airport Road - 305 Suite
Carlsbad, CA 92008 438-7400
Location of Project: Southwest corner of Palomar Airport Road
and Yarrow Drive
egal Descri tion (canplete) Attachecfhereto and by this reference incoporated herein
*
1. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
1. Application Form
2. One copy of General Requirement Items F-0
3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses.
4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00
Master Plan/Specifia Plan
1. Application Form
2. General Requirement Items:
3. Fee: Master Plan $1,635..00 + $5.00 per/acre
- fifteen (15) copies of items B-D * - one copy of items E-R
Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00
Tentative Tract Map
1. Application Form
2. General Requirement Items - fifteen (15) copies of item A * - one copy of items E-R 3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310.00 (100 + lots or units) Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765.00 (loo+ units or lots)
$150.00 Revision that does not change design of subdivision
Major Planned Development (5 or more units)
1. Application Form
2. General Requirement Items:
3. Conversion to Condominiums - list of names and
- fifteen (15) copies of items B-D * - one copy of items E-R
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
* ADDITIONAL FIFTEEN (15) COPIES TO BE SUBMITTED WHEN ISSUES ARE RESOLVED ALONG WITH FINALIZED READABLE REDUCED EXHIBITS (a 1/2n x 11")
Gross Acres if less acre) 14,175 0 (.035 acre)
Zcne P-M
General Plaa Land Use Eesignaticn I ndustr ia 1
By law a Variance may be' aFproved Cnly if certain facts are found to exist. Please read these requirements czEeftdiy and explain hw tb proposed project meets each of these facts. Use additiaxil sheets if necessary-
a) -lain ww thare are excepticnal or emMinary circmcm or ccnditicms applicable to the praPejrty or to the intended use that do not
apply generally to the other property 01 class of use in the sane vicinity
and me: As more fullv described in th e bodv of this application, applicant's
business rea Jgnals generated by as manv as six different aeosynchronuus satellites.(See Attachment #1I
satellite dish is incapable of receivinq the siqnal of more than one satellite
at a time. Therefore in order to simultaneously receive multiple signals, multiple
satellite antennas are required.
A single
b) Explain why such variance is necesSary for the preservatim md azjopent of a substantial property right possessed by otkr property in
ths same vicinity and me but w'hich is denied to the proLpeL*y in question:
:he
~~ vicinity (except for Cablevision, a city franchised cable television company). :he Graham Business Plaza become
largely worthless if it cannot conduct the operation QB-l,the interactive game --
AJJ~ icant's unique business requirements distinguish from other-properties in t vicinity (except for Cablevision, a city franchised cable television company).
Applicant's property rights as a tenant in the Graham Business Plaza become
largely worthless if it cannot conduct the operation QB-I,the interactive game
which is the chief source of applicant's revenue.
C) ~xplain detrimental to the pub3.k wlfare or injurious to the property or +rowmg~ts in such vicinity and zme in which tb prqprty is located
thz granting of such variance will not be materially
stegS to screen the roof mounted satellite dishes from view
utilizina the same materials (anodized aluminum panels) which clad the mg
Graham office buildinas and screen the roof mounted HVAC units. Neither the
aeneral public. other tenants of the Graham Business Plaza nor owners of con- tiquous properties will suffer aesthetic detriment as a result of the grant ot'
this variance.
d) carrp?rak?ensive general @.an: See a, b and c above. Explain why the granting of such Variance will not adversely affect t'ne
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (SO) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map: i.e., Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications.
Signature Date
Name (Print) Relationship to Application (Property Owner-Agent)
DISCLOSURE FORM I
I
AGENT:
NTN COMMUNICATIONS, INC. ~mne (individual, partnership, joint venture, corporation, syndication)
2121 Palomar Airport Road, Suite 305, Carlsbad, CA 92008 Business Address
(61 9) 438-7400 SEE ATTACHED SHEET Telephone Number
Business Address
Telephone Nmber
Name (individual, partner, joint venture, corporation, syndication) Home Address
Business Address
Telephone Nunber Telephone N&r
Name ~ome Address
Business Address
Telephone Number Telephone Number
(Attach mre sheets if necessary)
The applicant is required to apply for Coastal Carmission Approval if located in the Coastal Zone.
declare under penalty of perjury that the information contained in this disclosure is true and correct ard that it will remain true and correct and my ke
relied upon as being true and correct until amended.
R
B sa- Agent, Owner, Partner
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change - must be filed.
rf the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then please indicate the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syndicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publicly held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it.
A
NTN Communications, Inc. is a publicly held company traded on the Over The
Counter (OTC) market. The company is incorporated in the State of Delaware,
had 14,294,313 shares of common stock outstanding at May 31, 1985 held by
approximately 164 shareholders.
are: Patrick J. Downs, President and C.E.O., Daniel C. Downs, Executive
Vice President and C.O.O. and Ronald E. Hogan, Vice President Finance and
Corporate Secretary.
The principal officers of the corporation
Permission is sought to place 5 satellite antenna disks on the 4 5
I
l
roof Building 1 (2121) of the 4 building office complex, located on 6 legal lots commonly known as the Graham Business Plaza. This is in addition to the satellite antennae already in place on the westerly border of the property line and the satellite antennae + in place on the roof of the 2111 Building for which this application seeks permits as well.
Applicant is familiar with the provisions of Carlsbad Ordinance No. 9785 and the provisions of Carlsbad Municipal Code B21.44.240 (e). Both the existing and proposed satellite antennae conform in all respects with Code requirements as to location, height limitations , screening from adjacent properties and preservation of required parking. However, - as a total of 7 satellite antennae are to be placed in a project which includes 6 legal lots and 5 of the satellite antennae are to be placed on a single lot, Applicant seeks permission from the Planning Director under the provisions of 821.44.240(e)(3) to place "more than one use on a lot which cannot feasibly be served by a single antenna. I1
Applicant, NTN Communications, Inc.? was established to create a national entertainment and information service network through the use of intelligent terminal devices that will allow users to interact with live televised football games (QBl) and other events. The NTN Network will begin operations this summer in over 500 remote locations nationwide.
The NTN Control Center in Carlsbad, CA will broadcast over 300 football games (QBl) this year to the entire NTN Network. On Saturdays and Sunday the networks televising these games regionalize their coverage to allow hometown viewers the
opportunity to watch their teams play. Due to regional broadcasting, NTN will need to referee and broadcast up to six
different QBl games simultaneously. It is most probable that these weekend regional games will be carried on six separate satellites, thus the need for multiple receivers. Multiple receivers are also required when NTN is simultaneously covering regional college games along with Canadian Football League games. Other times of the year NTN will require multiple receivers when it is covering regional basketball and baseball games simultaneously or baseball and football games simultaneously.
NTN's product, QBl, is designed to provide football fans with the excitement and dynamics of live game action. The object of the game is for QB1 players to match the strategy of the quarterback on the playing field by correctly anticipating and calling the
same offensive play the quarterback is going to call. As each play unfolds, special NTN officials scoring the game from the NTN Control Center transmits via satellite a description of the play that actually took place. The QB1 playmaker device instantly
receives this information and compares it with the QBl players' selections. Within seconds, it automatically tabulates a point value based on the accuracy of the player's selection and displays the score.
Applicant respectfully requests that approval of this application
be expedited. The survival of the company requires that it have
these satellite antennae in place and operational before the National Football League commences its exhibition game schedule in July. Construction will require 4 weeks; hence the urgency of
this request.
. .. .
PARCEL "A" :
LCrrS 1 THROUGH 5 INCLUSIVE, OF CARLSBAD TRACT NO. 83-10,
IN THE CITY OF CARLSBAD, CDUNTY OF SAN DIEGO, STATE OF CALIK)RNIA,
ACQ3W)INS TO MAP THEREOF NO. 10738, FILED IN THE OFFICE OF THE
OUNTY REEOIIDER OF SAN DIEGO OIUNTY, OCTOBER 17, 1983.
EXCEPTING THEREFROM ALL OIL, GAS AND MINERAL RIGHTS IN A PORTION OF THE
HEREIN DiSCRIBED PROPERTY, WITHOUT, HOWEVER, THE RIGHT 'ID DRILL, MINE,
EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 100 FEET OF THE
SUESURFACE OF SAID PKlPERTY OR OTHERWISE IN SUCH PA"ER So As To .INTERFERE
WITH THE USE OR PROPOSED USE OF SAID PROPERTY, OR IN ANY MANNER As 'ID
ENIANGER THE SAFEW OF ANY AIRPORT OR BUILDING OR STFUCIWRE THAT NAY BE
CONTAINED ON SAID PFOPERTY OR PROPOSED 'ID RE ONSTRUCTm ON SAID PROPERTY
AS RESERVED IN INSTRUMENTS RECORDED FEBRUARY 17, 1958 IN EOOK 6952, PAGE
391 AND APRIL 3, 1974 AS FILE NO. 74-083015 BOTH OF OFFICIAL REc0W)S.
RESEFVIG FROK SAID Ixrr 5 AN EASEMENT FOR PRIVATE ACCESS AND UTILITIES
OVER, UNDER, FLOG AND ACPOSS THOSE PORTIONS THEREOF, LYING WITHIN
THE AREA DELINEATED AND DESIGNATED THEREON AS "PROPOSED 40.00 FOOT
PRIVATE ACCESS AND UTILITY EASEMENT FOR LOTS 1, 2, 3, 4, & 6.
PARCEL "B"
AN EASEMENT FOR PRIVATE ACCESS AND UTILITIES OVER, UNDER PND ACROSS
LOT 6 OF SAID CARLSBAD TRACT NO. 83-10, PRP NO. 10738.
PARCEL "C" :
A RIGHT AND EASEMENT OF ENJOYMENT IN PND TO THE 03WN AREA IQT 6 OF
SAID CARLSBAD TRACT NO. 83-10, I.1AP NO. 10738. SAID RIGHT AND
EASWNT IS HEREBY DECLARED APPURTENANT 'ID AND FQF THE USE AND
CARLSBAD TRACT NO. 83-10, MAP NO. 10738.
BENEFIT OF ALL OR ANY PORTION OF LOTS 1 THROUGH 5 Imusrm OF SAID