HomeMy WebLinkAbout2016-09-13; City Council; Resolution 2016-191EXHIBIT 1
RESOLUTION NO. 2016-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA,DENYING THE APPEAL OF SUNROAD ENTERPRISES AND
UPHOLDING THE PLANNING COMMISSION'S DETERMINATION THAT NON-
MEDICAL COUNSELING IS A PROHIBITED USE IN THE CARLSBAD AIRPORT
CENTRE SPECIFIC PLAN (SP 181(G))—PCD 16-01.
CASE NAME:SUNROAD ENTERPRISES APPEAL
CASE NO.:PCD 16-01
WHEREAS,the City Council of the City of Carlsbad,California has determined that
pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 20, 2016, hold
a meeting as prescribed by law to consider an appeal of the City Planner's determination that personal
(non -medical)counseling is not a permitted or conditionally-permitted use in the Carlsbad Airport
Centre Specific Plan (SP 181(G)), nor is it substantially similar to a permitted or conditionally-permitted
use in the Carlsbad Airport Centre Specific Plan (SP 181(G)); and
WHEREAS,the Planning Commission voted 6-0 (Anderson absent) to deny the appeal
and uphold the City Planner's determination; and
WHEREAS,the Planning Commission determined that there was not an error or abuse
of discretion on the part of the City Planner in the determination that non -medical counseling is not a
permitted or conditionally-permitted use in the Carlsbad Airport Centre Specific Plan (SP 181(G)); and
WHEREAS, on August 1,2016, the appellant, Sunroad Enterprises, timely filed an appeal
with the City as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, on September 13, 2016, the City Council held a meeting as prescribed by law
to consider the appeal of the Planning Commission's determination that personal (non-medical)
counseling is not a permitted or conditionally-permitted use in the Carlsbad Airport Centre Specific
Plan (SP 181(G)),nor is it substantially similar to a permitted or conditionally-permitted use in the
Carlsbad Airport Centre Specific Plan (SP 181(G)); and
WHEREAS, at said meeting, upon hearing and considering all testimony and arguments,
if any,of all persons desiring to be heard, said City Council considered all factors relating to the appeal.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
1.That the above recitations are true and correct.
EXHIBIT 1
2.That the appeal of the Planning Commission's decision is denied and that the findings
contained in Planning Commission Resolution No. 7184 on file in the City Clerk's office
and incorporated herein by reference are the findings and conditions of the City Council.
3.That this action is final the date this resolution is adopted by the City Council.The
provision of Chapter 1.16 of the Carlsbad Municipal Code,"Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16.Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one.A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,CA,92008.
PASSED,APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of September, 2016, by the following vote, to wit:
AYES:Wood, Schumacher, Blackburn, Packard.
NOES:None.
ABSENT:Hall.
-ems%
WOOD, Mayor Pro Tern
t.CD6'Ut--
BARB A A ENGLESON,CityIrk
(SEAL)00.1111),,,
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cleTkr1
1;1..N•ss.
Item #13 September 13, 2016 Page 7 of 33
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PLANNING COMMISSION RESOLUTION NO. 7184
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF SUNROAD
ENTERPRISES AND DETERMINING THAT NON-MEDICAL COUNSELING IS A
PROHIBITED USE IN THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN (SP
181(G)} ON PROPERTY GENERALLY LOCATED AT 5858 DRYDEN PLACE IN
LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME:
CASE NO:
SUN ROAD ENTERPRISES APPEAL
PCD 16-01
EXHIBIT 3
WHEREAS, Dan Feldman, "Applicant's Representative," has filed a verified appeal
application with the City of Carlsbad regarding property owned by Sunroad Research Partners, LP,
"Owner," described as
Lot 20 of Carlsbad Tract No. 81~46 Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof no.
11287, filed in the Office of the County Recorder of San Diego County
on July 16, 1985
("the Property"); and
WHEREAS, said verified application constitutes an appeal of the City Planner's decision
and a request for a Planning Commission Determination as shown on Exhibit "A" dated July 20, 2016, on
file in the Planning Division, SUN ROAD ENTERPRISES APPEAL-PCD 16-01, as provided in Chapter 21.54
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on July 20, 2016, consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Planning
Commission Determination.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the hearing, the Commission DENIES SUNROAD
ENTERPRISES APPEAL-PCD 16~01 based on the following findings:
Item #13 September 13, 2016 Page 8 of 33
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Findings:
1. That non-medi~ ¢:Piill$~tlhgf a 1m::ispective use proposed at 5858 Dryden Place, Is nl:)t
substantially sbnitar w admlnistrathie and professional offices permitted m Area 1 of the
Carlsbad A-irport Centre Specific Plan, and is substantially similar to a medical offke use as jt
attractS: <Jod is prfmatify dependent on business cu.stomers visiting the office even if sQme
services @)1 pe~o.btained tnrough internet-based communitc:~tions.
z. That the proposed non-medkal counseling office is not consiStent with the intem and purpose
of the carlsbad Airport Centre Spedfic Plao because it is subst;mtially similar to me.dical office
uses that are ElJ(pressly prohibited in· Area 1 Of the Carlsbad Airport Centre Specific .Plan (SP
181(G)).
NOTICE TO APPLICANT
An appeal of this d·edsion to the City Council must be filed with the City Clerk at 1200 Carlsbad Viflage
Driye, Carlsbad, California, 92008, within ten {10) calendar days ofthe date ofth~ Piannffig Commission's
.decision. Pursuant to Carlsbad Munidpal Code Chapter 21.54, section 21.54.150, the appeal must' be in
writing and state the teason(s) for the appeal. Thectty Council must make a determination on the appeal
priOr to any judicialreview. · . ·
+ ~ ;
PCRfSO No. 7184 -2-
Item #13 September 13, 2016 Page 9 of 33
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PASSED, APPROVED, AND ABOPTEP at a regular meeting of the Planning Commission of
the City of Carlsbad, Callforn:iat h€ki on July 20, 2016, by the fol1ow1ng vote;-to wit:
DON NEU
Ot:y Planner
AYES:
NOES:
ABSTAIN:
PC RESt) NO~ 7184
ViCe Chairperson &.=gaO, Comlflisstoners Black, Goyarts, L;f;teuteux,
Montgomery, and Siekmann
Chairpersen Aflderson
-3-
Item #13 September 13, 2016 Page 10 of 33
The City of Carlsbad Planning Division EXHIBIT 4
A REPORT 1f0 THE PLANNING COMMISSION
ltemNo. 8
P.C. AGENDA OF: July 20, 2016
Application complete date: June 13, 2016
Project Planner: Teri Delcamp
Project Engineer: . N/ A
SUBJECT: PCD 16-01-SUN ROAD ENTERPRISES APPEAl-Request to grant an appeal of the City
Planner's determination that a non-medical counseling use proposed to be located at
5858 Dryden Place within Local Facilities Management Zone 5 is not a permitted use in
the Carlsbad Airport Centre Specific Plan (SP 181(G)).
I. RECOMMENDATION
That the Planning Commission APPROVE Planning Commission Resolution No. 7184, DENYING the appeal
of Sunroad Enterprises and determining that· non-medical counseling is a prohibited use in the Carlsbad
Airport Centre Specific Plan (SP 181(G)) based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Sunroad Enterprises is the owner of property located on the south side of Dryden Place, west of Palomar
Oaks Way, at 5858 Dryden Place (Lot 20) within the Carlsbad Airport Centre (CAC) Specific Plan (;~rea.
Sun road is seeking to lease out an approximately 10,000 square foot mezzanine space within the existing
60,000 square foot building. The ground floor of the building is occupied by the floral wholesaling
business, Carlsbad Floral Exchange. After meeting with the City Planner to introduce the use concept,
Sunroad Enterprises submitted a letter requesting concurrence with prospective administrative and
professional office tenants for the mezzanine space, including a tenant that provides "non-medical
counseling services." No specific business name has been identified, but some information about this type
of business is provided in Sunroad Enterprises' letter and appeal (attached) and is discussed in the Analysis
section below.
Carlsbad Municipal Code (CMC) Section 21.34.020.C allows the City Planner to make a determination that
a proposed use is similar to a permitted use in any given zone. The City Planner has consistently
determined over time that personal counseling services are defined as medical offices, not administrative
and professional offices. Medical offices are specifically prohibited in Area 1, and are not listed as
permitted in Area 2, of the CAC Specific Plan (map exhibit attached). The City Planner made a
determination on May 25, 2016 (which was effective on May 26, when the letter was mailed), under CMC
Section 2134.020.C that the prospective "non-medical counseling" use is not similar to administrative
and professional offices but is similar to a medical office use, and, therefore, is prohibited from occupying
office space at 5858 Dryden Place. On June 6, 2016, Sunroad Enterprises appealed the City Planner's
decision to the Planning Commission in the manner prescribed by CMC Section 21.54.140. In accordance
with the Division's standard practices, the appeal was accepted one business day after the end of the 10-
day appeal period because the appeal period ended on a weekend day.
The purpose of this action is to consider the appeal of the City Planner's determination that "non-medical
counseling" is not similar to administrative and professional offices, but is a medical office use and is
prohibited within Area 1 of the CAC Specific Plan. The Planning Commission Determination (PCD) is a
Item #13 September 13, 2016 Page 11 of 33
PCD 16-01-SUN ROAD ENTERPRISES APPEAL
July 20, 2016
Page 2
vehicle to forward to the Planning Commission those matters which are independent of planning
applications and projects.
Ill. ANALYSIS
Planned Industrial (P-M) Zone Applicability
The CAC Specific Plan implements the Planned Industrial (P-M) zoning of the site, but is more stringent
than the P-M zone. The P-M zone provisions only apply to subjects that are not specifically addressed in
the Specific Plan. In this case, the uses are specifically addressed in the CAC Specific Plan, so the uses listed
in the Planned Industrial (P-M) zone do not apply.
Carlsbad Airport Centre Specific Plan (SP 181(G))
Sun road Enterprises is requesting a determination that a use similar to a listed use may be permitted if it
is consistent with the intent and purpose of the zone, and is substantially similar to the specified permitted
use. As noted previously, the applicable zone is the Planned Industrial (P-M) zone, but the CAC Specific
Plan takes precedence over the Planned Industrial (P-M) zone. The CAC Specific Plan's purpose and intent
to create an industrial complex is implemented in part through the Specific Plan's list of permitted uses.
This particular site is subject to the permitted uses in Area 1 of the Specific Plan, which includes
administrative and professional offices that are:
... limited to a) offices which are associated with any permitted industrial use or b) offices which
do not attract nor are primarily dependent upon business customers visiting the office. Permitted
offices include, but are not limited to, corporate offices, regional offices, general offices, and such
professional offices as accountants, attorneys, engineers, architects, and planners. Prohibited
offices include, but are not limited to, banks and financial institutions, medical and dental offices,
employment agencies, real estate agencies, and travel agencies.
The Specific Plan not only states that permitted office uses are those that customers primarily do not visit,
but it specifically prohibits medical offices and others that do rely on customer visits. Because Planning
Division staff have consistently interpreted that personal counseling uses are similar to medical office
uses, the City Planner was unable to determine that the proposed use is similar to a permitted
(administrative and professional office) use. An excerpt oft he Specific Plan identifying the permitted uses
in Area 1 and Area 2 is attached.
Appeal of City Planner's Determination
Sun road Enterprises feels that the City Planner's determination was in error for three reasons that are
further detailed in the attached appeal form. The appellant's positions are summarized below, along with
a staff response:
A. Non-medical counseling offices are similar to professional offices because service provider skills, not
medical equipment and materials, are of primary importance.
Staff's position is that this argument essentially focuses on the word "medical" and the idea that the
lack of equipment and medical procedures is the determining factor. However, staff does not consider
the presence or lack of equipment to be the deciding factor. Staff would also interpret that other uses
without much equipment, such as an acupuncturist or an Eastern medicine practitioner, are
considered medical offices. The determining factor is not the equipment, but whether the use attracts
and is primarily dependent upon customers visiting the office. While customers may visit professional
Item #13 September 13, 2016 Page 12 of 33
PCD 16-01-SUNROAD ENTERPRISES APPEAL
July 20, 2016
Page 3
offices listed in the Specific Plan, the volume and turn-over of customers who do so is not as high as
for personal counseling and medical offices and the other prohibited uses that are listed in the Specific
Plan.
B. Non-medical counseling offices do not necessarily depend on customers visiting the office.
The appeal form contains limited information supporting this argument, and simply states that
internet-based communications have reduced the need for the face-to-face interactions that have
been traditionally associated with personal counseling services. While more details about the actual
prospective tenant might be useful, the decision on this use would set a precedent fort he use at other
sites and areas. Even if some personal counseling service clients are able to obtain services through
internet-based communications, it is highly likely to depend on individual customers, and to vary
based on the particular personal counseling service's operational characteristics. If non-medical
counseling services are determined to be similar to professional offices, then they would be permitted
outright in the CAC Specific Plan. There would be no way to control or regulate the use because staff
would not have the authority or opportunity to require submittal of operational details for a
permitted use, or to enforce them even if they were submitted.
Based on the above analysis, staff's position is that non-medical counseling is not an administrative or
professional office use but is a medical office use, and is thus prohibited within the CAC Specific Plan.
IV. ENVIRONMENTAl REVIEW
The City Planner has determined that the action does not constitute a project as defined in Section 15378
of the state CEQA Guidelines and is, therefore, not subject to CEQA.
ATTACHMENTS:
1. Planning Commission Resolution No. 7184
2. Location Map
3. Disclosure Statement
4. Specific Plan 181 Land Use Plan map exhibit
5. Excerpt of Carlsbad Airport Centre Specific Plan, Section Ill, Permitted Uses
6. May 11, 2016, letter from Sun road Enterprises
7. May 25, 2016, letter from Planning Division to Sun road Enterprises
8. June 6, 2016, appeal justification form from Sun road Enterprises
Item #13 September 13, 2016 Page 13 of 33
.,
Cicyof
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.
Not~=<.· •.. ··•f.•>:· ... ·. ;•< .• • ...• ,··.•\ . ...... .X:r ; /:.c .. ····•········ .. · .. ··.···•••• .•••...... >(•··•··•.··· < ... •·······•··.·•.····•· •.... ··.··•····••.··•······ ..•... ·•· P~r~9Il is. i:i~@~~ a.~.re-rxin~!Yi,Qt,i~l,;~rm,.·gp7J:l~rtiJ~[$Ijip, J()i,nt Y~l]ty[~·l3~~()91~tjpry!:~c>c;i~lpl~b~f~~!l:}m?l <5r9~1lit,?ti9[l; P8fl?c>[~lipp~ ·E?~t~t~. tf!l~~ r~~iy¥r;:~YI"lc1i.(;Cit?;ititf1it;; ·~.r,c:1. ~PXH!i)~t-AO~iitY.·Pity:.a'Ji:i co,!lnty,. «ityrniJi:iic;jp$!ifY,(:li§~ricf9r gtper p()litiq,al §@divi~liJD of any oth.er grqup ,or,cqrilbiria~on a¢ting as a U,nit.~
~~f~!~~~l~J$~~0t:,~~dv.\ti~~,~~~~n~~,~ ~~a~ri~~+~~~~&!i9.~'·' ~~~k~~r~y PwO~,
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETEx LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant inCludes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON·APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
PersonSEE ATTACHED corp/Part. _________ _
Title. _______ "----~-Title ____________ _
Address. _________ _ Address ___________ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.}. If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly·owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Same as Applicant
Title --------------
Address _________ _
Co~/Part~-----------
Title _____________ _
Address. ____________ _
. Page 1 of2 Revised 07/10
Item #13 September 13, 2016 Page 14 of 33
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/TrustSunroad 201 1 Trust Non Profit/Trust ~------------~---TitleAaron Feldman, Trustee Title ---------------------------Address4445 Eastgate Mall, Suite
400, San Diego, CA 92129
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?
DYes !vi No If yes, please indicate person(s): __________________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
~ .. ·· ~
Signature of owner/date
Dan Feldman SAME
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
N/A
Print or type name ofowner/applicant's agent
P-1(A) Page2 of2 Revised 07/10
Item #13 September 13, 2016 Page 15 of 33
Supplement to Application for Planning Commission Determination
AssessorParcel: 212.-Q91·06-00
5858 Dryden Place, Carlsbad, CA
Addition to Disclosure Statement P-l{A):
Applicant/Owner: Sunroad Research Partners, LP, a California limited partnership
Sun road GP, Inc., its general partner, owns 0.50% of the partnership
St.mroad Real Estate Holding Corporation, owns 66.36% of the partnership
Sun road 2011 Trust, Aaron Feldman Trustee, owns 33.14% of the partnership
Item #13 September 13, 2016 Page 16 of 33
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// LAND USE PLANNING AND ENGINEERING '"'--,,,
FIGURE 7
CARLSBAD AIRPORT CENTRE
SPECIFIC PLAN 181 (H)
LAND USE PLAN
CITY OF CARLSBAD
LEGEND m; AREA2
D AREA1
Item #13 September 13, 2016 Page 17 of 33
SP 181G
Ill. PERMITIED USES
A. AREA1
Area 1 is designated for light and medium industrial uses, research and d~velopment
uses, industrial support and service uses. and business and professional office uses, provided that
such uses are confined within a building or buildings and do not. contribute excess noise, dust, smoke,
vibration, odor or toxic or noxious matter to the surrounding environment nor contain a high hazard
potential. Uses permitted in the Carlsbad Airport Centre will not produce any of the following:
1. Noise in excess of 70 decibels (American Standard for noise level meters):
a. For a cumulative period of more than 30 minutes in any hour; or
b. Plus 5 decibels for a cumulative period of more than 15 minutes in any
hour; or
c. Plus 1 0 decibels for a cumulative period of more than 5 minutes in any
hour; or
d. Plus 15 decibels for a cumulative period of more than 1 minute in any
hour; or
e. · Plus 20 decibels for ~ny period of time;
2. Vibration, heat, glare, or electrical disturbances beyond the boundaries of the
site;
3. Air pollution detectabl.e by the human senses without the aid of instruments,
beyond the boundaries of the site;
4. Emissions which endanger human health which can cause damage to animals,
vegetation or property, or which can cause spilling at any point beyond the
boundaries of the site;
5. · Odor detectable by the human senses without aid of instruments beyond the
boundaries ofthe site.
All wastes discharged into the wastewater discharge system will meet City standards.
All uses shall conform to the general development concepts for a high-quatity business
park, with all standards and restrictions established by this plan and with CC&Rs.
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Item #13 September 13, 2016 Page 18 of 33
SP 181G
Specifically, the following uses are permitted in Area 1:
1. Uses primarily engaged in research activities, including research
manufacturing such as, but not limited to, the following:
2.
3.
....
a. Biochemical;
b. Chemical;
C .. Electronics;
d. Film and photography;
e. Medical and dental;
f. Metallurgy;
g. Pharmaceutical;
h. X-ray.
Manufacture, research assembly, 1esting and repair of components, devices, . .
equipment and systems, a~d parts and components of the following:
a. Coils,_ tubes, semi-conductors;
b. Communication, navigation, guidance and control equipment;
c. Data processing equipment, including computer software;
d, Glass edging and silvering equipment;
e. . Graphics and art equipment;
. f. Metering equipment;
g. . Radio and television equipment;
h. Photographic equipment;
i. Radar, infrared and ultraviolet equipment;
.. j. Optical devices and equipment;
k. · Filling and labeling machinery.
Light manufacturing, processing, and/or assembly of the following or similar
products:
a. Food products; .
b ..
c.
d.
e.
f.
g.
h .
Apparel and finish products from textile products;
Lumber and wood produCts;
Furniture and fixture products;
Chemical and allied products;
Plastic and rubber products;
Stone, clay,_and glass products;
Fabricated metal products;
7
Item #13 September 13, 2016 Page 19 of 33
4.
5.
6.
7.
8.
9.
10.
11.
SP 181G
i. Professional, scientific, controlling, photographic, and optical products
or equipment.
Service industries or those industries providing a service as opposed to the
manufacture of a specific product, such as the repair and maintenance of
appliances or component parts, tooling, printers, testing shops, small machine
shops, sl1ops engaged in the repair, maintenance and servicing of such items,
excluding automobile and ~ck repair, and excluding equip1J1ent rental yards.
Industries engaged in the distribution and/or storage or warehousing of
products simllarto'those listed in other permitted uses in this group.
Construction industries such as general contractors, electrical contractors,
plumbing contractors, etc., and their accessory and incidental office uses.
Blueprinting, photostatting, photo-engraving, printing, publishing, and
bookbinding.
Administrative and professional offices, .limited to a) offices which are
associated with any permitted industrial use or b) offices which do not attract
nor are primarily dependent upon business customers visiting the office.
Permitted offices include, but are not limited to, corporate offices, regional
offices, general offices, and such professional offices as accountants,
' attorneys, engineers, architects,· and planners. ·Prohibited offices include, but
are not limited to, banks and financial institutions, medical and dental offices,
employment agencies, real estate agencies, and travel agencies.
Employee cafeteria, cafe, restaurant, or auditorium accessory with and
incidental to a permitted use (intended primarHy for the express use of those
persons employed at th6 firm or use where such incidental use is applied).
Accessory uses and structures when related and. incidental to a permitted use
such as, but not limited to, food preparation, food service, and eating facilities.
Education Facilities, Other' as defined in Section 21.04.137 of the Zoning
Ordinance subject to a Minor Conditio RaJ Use Permit and where the facility ·is
for adult students (18 years and older) exclusively, and. is located entirely
outside of the Flight Activity Zone and entirely outside of-the 65 dB CNEL noise
contour (as shown in the Comprehensive La!ld Use Plan for the McClellan-
. Palomar Airport, dated October 2004), or where the use is located partially or
entirely between the 60 dB CNEL and the 65 dB CNEL noise contours if
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Item #13 September 13, 2016 Page 20 of 33
SP 181G
interior noise levels are attenuated to 45 dB CNEL (as verified throu~h a site
specific acoustical study).
9
Item #13 September 13, 2016 Page 21 of 33
(
SP 181G
B. . AREA2
Area 2 is designated for industrial support uses, business and professional uses, and
certain retafl uses supporting the business park.
The commercial areas in Area 2 require a conditional use permit for each use pursuant
to Chapter 21.42. of the Carlsbad Municipal Code.
Permitted uses in Area 2 are:
1. Retail· businesses (oriented to needs of complex employees);
. 2. Service businesses (oriented to needs of ·complex employees and
businesses);
3. Personal service businesses;
4. Financial service businesses;
5. Blueprinting, photo~tatting, photo-engraving, printing, publishing, and
bookkeeping;
6. Administrative, professional, and business offices;
7. Health or athletic club facilities;
8. Service stations;
. 9. Hotels, motels, and theaters;
10. Restaurants may be permitted anywhere in the Airport Business Center with a
conditional use permit subject to the provisions of Section 21.42 of the
Carlsbad Municipal Code. At a minimum, this conditional use permit sh.all
address adequate parking, distance between restaurants, co~patibHity with
surrounding uses, and hours of operation.
C. Phase 3 • FUTURE PLANNING AREA
The properties within Phase 3 were acquired by the City of Carlsbad and developed as
· a portion of the City of Carlsbad municipal golf course. Phase 3 was removed from ,the Specific Plan .
perSP 181(G).
D. CC&Rs
Prior to any development within the Carlsbad Airport Centre, the developer shall
prepare covenants, conditions and restrictions (CC&.Rs) applicable to the entire park site. These
CC&Rs shall be approved by the Planning Director prior to the approval of any final map for the
property. No development shall occur until the CC&Rs ~reapproved.
10
Item #13 September 13, 2016 Page 22 of 33
May 25,2016
Dan Feldman, Vice President
Sunroad Enterprises
Suite 400
4445 Eastgate Mall
San Diego, CA 92121
SUBJECT: 5538 DRYDEN PLACE
Dear Mr. Feldman,
tf1iled ~{cz_.((J//tp
F I LE{'bty or
Carlsbad
I am responding to your letter dated May 11, 2016, which was in follow-up to your meeting with me on
May 9, 2016. Your letter requests that counseling services not be classified as a medical office use and
that a determination be made that such a use is substantially similar to the specific permitted uses of
the Carlsbad Airport Centre Specific Plan. I have reviewed your letter in light of our meeting, and have
discussed the information you provided with several members of the Planning Division.
The Carlsbad Airport Centre Specific Plan implements the Planned Industrial (P-M} zoning of the site, but
is more stringent than and takes precedence over the P-M zone. The P-M zone provisions only apply to
subjects that are not specifically addressed in the Specific Plan. This particular site is subject to the
permitted uses and development standards of Area 1 in the Specific Plan. Section III.A of the Specific
Plan lists the uses for Area 1, including category 8 on page 8 ofthe Specific Plan:
Administrative and professional offices, limited to a) offices which are associated with any
permitted industrial use or b) offices which do not attract nor are primarily dependent upon
business customers visiting the office. Permitted offices include, but are n_ot limited to,
corporate offices, regional offices, general offices, and such professional offices as accountants,
attorneys, engineers, architects, and planners. Prohibited offices include, but are not limited to,
banks and financial institutions, medical and dental offices, employment agencies, real estate
agencies, and travel agencies.
Your letter references Carlsbad Municipal Code (CMC) Section 21.34.020.C which allows the city planner
to determine that a use that is similar to a listed use may be permitted if it is consistent with the intent
and purpose of the zone, and is substantially similar to the specified permitted use. The purpose and
intent of the Specific Plan to create an industrial complex is implemented in part through the list of
permitted uses. Your letter essentially requests that the proposed counseling use be found substantially
similar to administrative and professional office uses listed above. However, the Specific Plan
specifically states that they are to be "offices which do not attract nor are primarily dependent u_pon
business customers visiting the office," and for that reason, prohibits medical offices among others.
Planning Division staff has made the interpretation consistently over time that the proposed counseling
use is substantially similar to a medical office use, and thus prohibited. For these reasons, I am not able
to determine the use is similar to a permitted use in the Carlsbad Airport Centre Specific Plan, and am
not able to approve the use.
Community & Economic' Development
Planning Division J1635 Faraday Avenue Carlsbad, CA 92008-7314j760-602-4600 J760-602-8560 f J www.carlsbadca.gov
I I I I I ~ I '
Item #13 September 13, 2016 Page 23 of 33
In accordance with CMC Section 21.54.140, this determination 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 $673.00. If appealed, we will schedule the appeal for hearing before the Planning
Commission as soon as practicable. The filing of an appeal within the 10-day time limit shall stay the
effective date of this determination 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 Teri Delcamp at {760) 602-
4611.
Sincerely,
DON NEU, AJCP .
City Planner
DN:TD:fn
c: Glen Van Peski, Community & Economic Development Director
Van Lynch, Principal Planner
Teri Delcamp, Senior Planner
Item #13 September 13, 2016 Page 24 of 33
SUNRO~D
ENTERPRISES
Mr. Don Neu, AICP
City Planner
Community & Economic Development
Planning Division
1635 Faraday Ave.
Carsl bad, CA 92008-7314
. May 11, 2016
Subject: 5538 DrydenPlace
Dear Mr. Neu,
City Carlstlo.d
M/lY·16 2016
Community & Economic .
Deve!orJrnont Department
4445 Eostgote Moll
Suite 400
Son Diego, California
92121.
(858) 362-8500
Fax: (858) 362-8448 ·
Thank you for meeting with me and my con~ultant team on Monday May 9, to discuss permitted uses
.. within the P-M Zone of the Carlsoad Airport Centre .. Sun road Eflterprises, the owner of the subject
property seeks to lease approximately 10,000 sq~ fLofmei.zanine space within the 60,000 sq. ft.
con~ist~ntwith the permitted uses the Carlsbad Floral Exchange operates on the main (ground) floor of
the building. The Floral Exchange.is a wholesale marketplace for the fiower industry that has long been
based in Carlsbad.
. . . -. . .
Consistent v;;ith the Permitted Uses listed inthe Carlsbad Airport Centre Sp~cific Plan, Sunfoad wouid
like to lease the mezzanine space to administrative and professional offices. Prospective tenants include
several local busin~ssthat provide non-medical counseling services. Sunroad understands thatthe City
has typically defined businesses that prmi'ide counseling services as a mediCal office use whith is a .
prohibited use. For the purposes of this discussion non-medical counseling is defined as personal ..
. counseling that requires no medical equipment, no dispensing of medication,and no performance of
medical procedures. .
. Sunroad understands the importance of protecting and preserving industrial designated lands with the
· cii:y to ensure a Vital job based economy~ A substantial part of that 'jobs base' are locally owned and
operated businesses. The businesses that provide non-medical counseling services are substantially
slmilarto the permitted professional office uses such as 'accountants, attorneys, engineers, architects,
and planners, as enumerated below:
Item #13 September 13, 2016 Page 25 of 33
SUNRO~D
E-N T E R P R I S E S
1. They can provide their services to businesses in the Specific Plan area but are not restricted to
only serving those l:iusinesses.
2. They rely on clients from throughoutthe region,
3. They can serve and meet with their clients either on or off-site.
4. They have very low parking demands because they rarely if evermeetwith multiple clients on-
site atthe same time.
5. Other than a sign identifying the specific business there is no_ need for on~site advertising.
, 6. ~They do not serve the general public, i.e. individuals who just walk in of:fthe street.
7~ When they do meet with clients it is by appointment only,
Municipal Code Section 21.34.020 C. states "Uses similar to those listed in Table A maybe permitted if
the city p-lanner determines such similar use falls within the intentand purposes of the zone, and is
substantially similar to the specified permitteduses. ". Sunroad respectfully requests that per MC Sec.
21.34.020 and forthe above stated reasons, that you determine that Noh-MedicaiCounseling is
substantially similar to the specific permitted uses of the Carlsbc;~d Airport Centre Specific Plan area .
. We appreciate yourtimely consideration ofthis tequest, ·
. ' .,
Vice President
Item #13 September 13, 2016 Page 26 of 33
{'cicyof
Carlsbad
APPEAL FORM
P-27
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
Date of Decision you are appealing:,_M_a....;..y_2_5_, 2_0_1_6 _____________________ _
Subject of the Appeal:
BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple
applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use
Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here.
Please see fee schedule for the current fee.
Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the
appeal. Failure to specify a reason may result in denial of the appeal, and you will be limited to the
grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans,
or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information
(attached). Please attach additional sheets or exhibits if necessary.
NAME (Print): Dan Feldman
MAILING ADDRESS: 4445 Eastgate Mall Suite 400
CITY, STATE, ZIP: San Diego, California, 92121
TELEPHONE: 858-362-8500
EMAIL ADDRESS: com
SIGNATURE:
DATE: June 02,2016
P-27 Page 1 of 1 Rev. 05/12
Item #13 September 13, 2016 Page 27 of 33
Attachment-5538 Dryden Place Appeal of Planning Director's Decision
Subject of the Appeal:
This is an appeal of the Planning Director's determination that non-medical counseling services are not
permitted within the Carlsbad Airport Centre Specific Plan. As cited in the City Planner's May 25, 2016
letter the Specific Plan 'specifically states that [administrative and professional offices] are to be "offices
which do not attract nor are primarily dependent upon business customers visiting the office," and for
that reason, prohibits medical office among others.'
Reasons for the Appeal:
Appellant, Sunroad Enterprises believes that the Planning Director's determination is in error for the
following reasons;
1) The Planning Director incorrectly categorized non-medical Counseling services as Medical
services, instead of Professional services
The Specific Plan identifies permitted professional office uses as including but not limited to
'accountants, attorneys, engineers, architects, and planners.'
Non-medical counseling services should not be categorized as /medical office use'. Sunroad's May 11,
2016 letter lists seven characteristic common to non-medical counseling services and those permitted
professional office uses listed in the Specific Plan. For guidance on the distinction between Professional
services and Medical services, the April 2001 American Planning Association's (APA) Land Based Code
Standards (LBCS) was reviewed. The Functional Description of Professional services is described, in part,
as follows:
Establishments in this subcategory make available the knowledge and skills of their employees.
The distinguishing feature of this subcategory is that the service provided depends on worker
skills, while equipment and materials are not of major importance. This distinction is what
separate professional services from other categories (such as health care, where 'high tech'
machines and materials are important). {Emphasis added}
Per the APA's LBCS, Non-medical counseling services are most appropriately categorized as Professional
service and not as Medical services.
As enumerated in the May 11, 20161etter, the common characteristics of professional office uses such
as accountants, attorneys, etc, coupled with the APA's LBCS criteria, leads to Sunroad's position that
non-medical services should not be categorized as Medical simply because of the word counseling. Non-
medical counseling is a Professional service, not a Medical service. One can reasonably assert that
accountants, attorneys, and design professionals also provide counseling services
Within the Carlsbad Airport Centre Specific Plan, permitted Professional office users are not prohibited
from receiving clients at their offices which suggests that there is a recognition that all professional
Item #13 September 13, 2016 Page 28 of 33
office uses are dependent to some degree on receiving customers. Counseling office do not attract nor
are primarily dependent upon business customers visiting the office any more than other profession
service offices that are permitted such as accountants/ attorneys/ and other design professionals.
2) Non-Medical Counseling Services Do Not Necessarily Depend on Customers Visiting the
Office.
With the advent of nearly ubiquitous internet-based communications such as e-mail/ VOIP1S1 and Skype/
business is increasingly conducted without the need for face to face interactions. The practice of
categorizing counseling services as medical services is based on practices when current technologies did
not exist.
Item #13 September 13, 2016 Page 29 of 33
s'UN:RO/XD
···E NT.E,,R.P R.t'S'·E S
·;·
July 29, 2016
· Vi!l Fed Ex-Overnight Deli~ery· .
City Clerk.·· ;.
·-titv:arcarlsbad .. · -
· 1200 CarlsbadVillage Drive·
Car[sbad,-CA 92008 · . ' ... ·.
'-·:
Re:·~-· Apr:i~al.of P-lanning Coinmissiori's Decision PCD 1:6-01
_ Dear Cleric -, .... :-
. . . .
. 4445 Eastgate Mall
. Suite 400
San Di~go, ~idifomia .
92121 .
(858i 362-8500 .
Fax: (858} 362-8448 . ·
. • . Attaehed please find. dq_cume~tation supporting ari ilppeal of P!annirig Commission Decision PCD 16"0i.
in.CJddition, we have enclosed th~ paym'ent D'i$1,417.·. this p~ym~n~·inciud~s a $1,097 appealfee; as . ·
· .· w~ll ~s the $320 Notice. Fe~, as We were-ad~ised to po·-by the-.pianning department~ -. ' ' .' . ;" -'.· . ' -· ·-
Item #13 September 13, 2016 Page 30 of 33
EXHIBIT 5
~ vtvl ~Gl JJ;n(lw_J
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Date of Decision you are appealing:_J_ul.:..y_2_0_, 2_0_1_6--------'---------------
Subject of the Appeal:
BE SPECIFIC Examples: if the action is a City Planner's Decision, please say so. If a project has multiple
applications, (such as a Coastal Development Permit, Planned Unit Development, Minor Conditional Use
Permit, etc) please list all of them. If you only want to appeal a part of the whole action, please state that here.
Please see fee schedule for the current fee.
Planning Commission's denial of Sunroad Enterprises' appeal and determination that non-medical counseling is a prohibited use.
Reason(s) for the Appeal: PLEASE NOTE: The appeal shall specifically state the reason(s) for the
appeal. Failure to specify a reason may result in denial of the appeal, and you will be limited to the
grounds stated here when presenting your appeal.
BE SPECIFIC How did the decision-maker err? What about the decision is inconsistent with local laws, plans,
or policy? Please see Carlsbad Municipal Code (CMC) Section 21.54.140(b) for additional information
(attached). Please attach additional sheets or exhibits if necessary.
NAME (Print): Dan Feldman or Andrea Rosati
MAILING ADDRESS: Sunroad Enterprises, 4445 Eastgate Mall, Suite 400
CITY, STATE, ZIP:
TELEPHONE: . (85 ) 362-8500
EMAIL ADDRESS:
SIGNATURE:
DATE:
P-27 Page 1 of 1
•
Rev. 05/12
Item #13 September 13, 2016 Page 31 of 33
Attachment-5538 Dryden Place Appeal of Planning Commission's Decision
. Subject of the Appeal:
This is an appeal of the Planning Commission's denial of an appeal ofthe Planning Directors
determination that non-medical counseling services are not permitted within the Carlsbad Airport
Centre Specific Plan. As cited in the City Planners May 25, 2016, letter the Specific Plan 'specifically
states that [administrative and professional offices] are to be "offices which do not attract nor are
primarily dependent upon business customers visiting the office/' and for that reason, prohibits medical
office among others.'
Reasons for the Appeal:
Appellant Sun road Enterprises believes that the Planning Commission's determination was in error for
the following reasons;
1) The Planning Director incorrectly categorized non-medical Counseling services as Medical
services. instead of Professional services
The staff report considered by the Planning Commission did not adequately convey Sunroad's position
regarding non-medical counseling. Staff suggested that Sunroad's position was based on the idea that
no medical devices were used, however, as discussed further below, the argument is more that non-
medical counseling fits more into a functional description of the APA because the focus is on the
knowledge and skill of the tenant-and not the use of equipment.
The Specific Plan identifies permitted professional office uses as including but not limited to
'accountants, attorneys, engineers, architects, and planners.'
Non-medical counseling services should not be categorized as 'medical office use'. Sunroad's May 11,
2016, letter (attached) lists seven characteristics common to non-medical counseling services and those
permitted professional office uses listed in the Specific Plan. For guidance on the distinction between
· Professional services and Medical services, the ApriiZOOl American Planning Association's (APA) Land
Based Code Standards (LBCS) was reviewed. The Functional Description of Professional services is
described, in part, as follows:
Establishments in this subcategory make available the knowledge and skills of their employees.
The distinguishing feature of this subcategory is that the service provided depends on worker
skills, while equipment and materials are not of major importance. This distinction is what
separate professional services from other categories (such as health care, where 'high tech'
machines and materials are important). (Emphasis added}
Per the APA's LBCS, non-medical counseling services are most appropriately categorized as Professional
service and not as Medical services.
As enumerated in the May 11, 2016, letter the common characteristics of professional office uses such
as accountants, attorneys, etc., coupled with the APA's LBCS criteria, leads to Sunroad's position that
non-medical services should not be categorized as Medical simply because of the word counseling. Non-·
Page 1 of2
Item #13 September 13, 2016 Page 32 of 33
medical counseling is a Professional service, not a Medical service. One can reasonably assert that
accountants, attorneys, and design professionals also provide counseling services
Within the Carlsbad Airport Centre Specific Plan, permitted Professional office users are not prohibited
from receiving clients at their offices which suggests that there is a recognition that all professional
office uses are dependent to some degree on receiving customers. Counseling offices do not attract,
nor are primarily dependent upon, business customers visiting the office any more than other
professional service offices that are permitted such as accountants, attorneys, and other design
professionals.
2) Non-Medical Counseling Services Do Not Necessarily Depend on Customers Visiting the
Office.
With the advent of nearly ubiquitous internet-based communications such as e-mail, VOIP's, and Skype,
business is increasingly conducted without the need for face to face interactions. The practice of
categorizing counseling services as medical services is based on practices when current technologies did
not exist.
Page 2 of2
Item #13 September 13, 2016 Page 33 of 33
Julyn,2016
SuntQ;;Hi R,ese:arch Partners LP
SUite 4:fl0
4445 Eastgate Mafl
Safl Diego, CA 92121
JUl2 5 ZOii
PLANNING tOMMlSSIQN.
NOTICE OF DECISION
SUBJECT: PP£) 16-ot-SUN ROAD ENTERPRiSES APPEAL
. (cicyof
Carlsbad
At the July 20, 2016 Planning Commission meeting, your application was considered. The Commission
voted 6~0 to denyyotJr request. The decision of the Planning Commission is final on the date of adoption
unless a written appeal to the City Cbuncil is filed with the City Clerk within ten (10) calendar days in
atcord<:!nc'e with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must
specify thE reason or reasons for the appeal.
If you h.ave any .qu.:stio:ns regarding the fina I dispositions of your application, please contact your project
planherTerrbetcamp at {760) 602-4611 or teri.delcamp@carlsbadca.gov.
DON NEU, AICP
City Planner
DN:TI)':fn
c: Data Entry
File Copy
Enclosure: Pianntng Commission Resolution No. 7184
Community & Economic Development .
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 J760-602-8560 f I www.carlsbadca.gov