HomeMy WebLinkAbout2016-07-20; Planning Commission; Resolution 71841
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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: SUNROAD ENTERPRISES APPEAL
CASE NO: PCD 16-01
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:
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Findings:
1.
2.
That non-medical counseling, a prospective use proposed at 5858 Dryden Place, is not
substantially similar to administrative and professional offices permitted in Area 1 of the
Carlsbad Airport Centre Specific Plan, and is substantially similar to a medical office use as it
attracts and is primarily dependent on business customers visiting the office even if some
services can be obtained through internet-based communications.
That the proposed non-medical counseling office is not consistent with the intent and purpose
of the Carlsbad Airport Centre Specific Plan because it is substantially similar to medical office
uses that are expressly prohibited in Area 1 of the Carlsbad Airport Centre Specific Plan {SP
181{G}).
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
10 Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
11 writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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PC RESO NO. 7184 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 20, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATIEST:
~~
DON NEU
City Planner
PC RESO NO. 7184
Vice Chairperson Segall, Commissioners Black, Goyarts, L'Heureux,
Montgomery, and Siekmann
Chairperson Anderson
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