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HomeMy WebLinkAbout2008-09-17; Planning Commission; Resolution 64881 PLANNING COMMISSION RESOLUTION NO. 6488 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNING COMMISSION DETERMINATION THAT 4 NEWPORT AUDIOLOGY CENTERS IS AN INDUSTRIAL 5 MEDICAL USE AND THEREFORE A PERMITTED USE IN THE PLANNED INDUSTRIAL ZONE ON PROPERTY 6 LOCATED AT 2835 CAMINO VIDA ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 5. 7 CASE NAME: NEWPORT AUDIOLOGY CENTERS CASE NO: PCD 08-02 8 9 WHEREAS, Scott Barber, "Applicant's Representative," has filed a verified 10 application with the City of Carlsbad regarding property owned by Freeborn Family Trust, "Owner," described as 12 Parcel 1 of Parcel Map 6901, a Division of Lot 4, of Carlsbad 13 Tract Map 73-49, unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14 8054 filed in the Office of the County Recorder of San Diego, December 31,1974 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Planning 18 Commission Determination as shown on Exhibit "A" dated September 3, 2008, on file in the 19 Planning Department, NEWPORT AUDIOLOGY CENTERS - PCD 08-02, as provided by 20 Chapter 21.34 of the Carlsbad Municipal Code; and 21 _,., WHEREAS, the Planning Commission did on September 3, 2008, consider said^z 23 request; and 24 WHEREAS, at said hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Planning Commission Determination; and 27 WHEREAS, following its consideration, the Planning Commission voted to 28 oppose the denial of the appeal of the Planning Director's determination that the office of Newport Audiology Centers located at 2385 Camino Vida Roble is not a permitted use in the • 2 Planned Industrial Zone; instead, said Commission directed staff to return on September 17, 3 2008, with documents to approve the business as a permitted use in the Planned Industrial Zone;4 <- and 6 WHEREAS, the Planning Commission did on September 17, 2008, consider said 7 documents; and o WHEREAS, at said subsequent hearing, upon hearing and considering all 9 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered 10 all factors relating to the Planning Commission Determination. 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission as follows: 14 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearings, the Commission 16 APPROVES NEWPORT AUDIOLOGY CENTERS - PCD 08-02, thus approving Newport Audiology Centers as an industrial medical use and therefore 17 permitted in the Planned Industrial (P-M) Zone based on the findings contained herein. 18 Findings: 19 1. That Newport Audiology Centers' office at 2385 Camino Vida Roble is an industrial 20 medical use as it provides industrial medical services, such as pre-employment testing, hearing testing, workers compensation, hearing rehabilitation, and devices 21 to prevent hearing loss, to employees of Carlsbad's business and industrial parks. 22 2. That, as an industrial medical use, Newport Audiology Centers' Carlsbad office is 23 consistent with the intent and purpose of the Planned Industrial (P-M) Zone in that industrial medical uses are permitted by Chapter 21.34 of the Carlsbad Municipal 24 Code. 25 - ' 26 27 28 PC RESO NO. 6488 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 17, 2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Douglas, Montgomery, and Chairperson Whitton NOES: Commissioners Cardosa and Dominguez ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6488 -3-