HomeMy WebLinkAboutPCD 16-01; SUNROAD ENTERPRISES APPEAL; Planning Commission Determination (PCD)·-.c
S'UN:RO/XD
··E NT.E-.R P R.t'SE S_
·r·
July 29, 2016
Via Fed Ex-Overnight Deli~ery .·· . . . . .
City Clerk_ ..
:.citv:ofCarlsbad ·
_ 1200 Carl_sbad Village Drive
. Carl.sbad, CA 92008_ ·
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-Re:·· . ' -Appeai ·9f P-larlning ~ornmissiori's Decision PCD 16-01
. De~r. Clerk:
. .
. 4445 Eostgote· Moll
Stiite400
. Son D~go, California
·· ;. : · 92121 .
(858) 362-8500 -
Fax: (858) 362-8448 -
. Attached please find. dq_cume~tati<in supporti.rig ari appeal ~f Planni~g Commissi·on Decision PCD 16-0i.
· in··.c!dditio_n, we have·enclosedth~ payment of.$1,417. · Th.is p~ym~nt-indudes a $1,097 ~ppealJe_e; as .
· well a_s the $320 Notice F~~, as we were ·advised toJ:lo--by the-.pianning dep~rtment~ · · -: -· · · .
. . ' -~-. -·
Pl.e se· do not _hesitate me-:if yo!J have any questions r.egarding the. eridos.ed ... , . ' . . ' . . . . . .
i
/1//lP, ((lo~GtA.
Ccifyof
Carlsbad
, ) ~,Q.;ti~Nu21~\
APPEAL FORM
P-27
loA l)vi ~L-lJ::N'i/1JuLJ
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: San iego, CA 92121 ------------------------------TELEPHONE: · (85 ) 362-8500 ...;._-,1-:-----------------------------E MA IL ADDRESS:
SIGNATURE:
DATE:
P-27 Page 1 of 1 Rev. 05/12
0 0
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 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 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 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, 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 of 2
C
-------------··-----·----··---··-··----------------... --·--···-··-----·-
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 of 2
0
JulyU, 2016
Suntqi:td ~search Partners LP
Suite .400
4445 Eastgate Man
SaR-Diego, CA 9-2121
JUL252a
PLANNING COMMJ$SION
NOTICE OF DECSION
SUBJECT: ~· 16-01-SUNROAD ENTERPRISES APPEAL
P:· (_ Cicyof
Carlsbad
At the July 20, 2016 Planning Commission meeting, your application was considered. The Commission
voted 6-0 to deny vour request. The decision of the Planning Commission is final on the date of adoption
unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in
accordance-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 li;;tve any ~.ns regarding the final dispositions of your application, please contact your project
pfannerTe:rH)etcamp ~ (760) 602-4611 or teri.delcamp@carlsbadca.gov.
DON NEU, AICP
City Planner
DN:TO:fn
c: Data Entry
File Copy
Enclosure: Planning Commission Resolution No. 7184
Community & Economic Development .
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 76D-602-4600 I 76()-602-8560 f I www.carlsbadca.gov
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PLANNING COMMISSION RESOLUTION NO. 7184
A RESOLUTION OF THE PLANNlNG CoMMISSION OF THE CITY OF
CARLSBAD, CAUFORNIA, DENYING 'THE APPEAL OF SUNROAD
ENTERPRISES AND DETERMININGTf-iAT NON-ME:DfCAL COUNSELING ISA
PROHIBITED USE IN TH!t CARLSBAD AIRPORT CENTRE SPEOFJC PLAN (SP
181(G)) ON PROPERTY GENERALLY LOCATED AT 5858 DRYDEN PLAC~ IN-
LOCAL FACILITIES MANAGEMENT ZONES.
CASE-NAME: SUNRO.AD ENTERPRISES APPEAL
CASE NO: PCD 16-01
WHEREAS, Dan Feldman, "Applicant's Representative," has filed a verified appeaJ
appllcatfon With the City of ~rls:bacl reganiing pr,pperty owned by Sunroad Research Partners, LP,
".Owner," descrfbed as
lot 20 of :cartsbad Tract No. 81-46. Unit No. 1, in the City of Carlsbad,
cnunty of San Diego, State of C~liforni~, according tp l'JIQP thereof no.
11287, fi'led in the Office of the County Remi'der of Sao Otego County
on July 16, 1985
("the firoperly"}; and
WtiEREAS, said verified ap-pficatton constitutes an appeal of the City Planner's decision
and a r~quest for a Planning·corniniss.ion Determination as shown on Exhibit "A" dated July 20, 2016~ on
file in the -Pfanning--Oi-vi!iioA,_ SUN ROAD '!:NTERPRISES APPEAL -PCD 16-01, as provide-cf io Chapter 21.54
WHEREAS, the P-fannlhg Commission did on July 20,:201&-1 consider said request; and
WHEREAS, at said hearing, upon hearing-and consJdering all testimony and a:rgµments, if
anyr of all persons desiring to be hea-r.d, ~d Commlssion considered all factors relating to the Planning
Cornm ission Deterniitrc!tion.
NOW, THEREFORE, BE IT HEREBY RESOtV-ED by the Planning Commission -of the City of
Carlsbad as foltows:
AJ
B)
That the foregoing r:ecit11,ti.ons are true and: cqrre-ct.
T~t based op the_ evld.ence pr:e~nted at the hea'rn:,_g; the Commission DENIES SUNROAD
ENTERPRISES APPE'Al-PCD. i6-01 ~ase<l o·n the following findings: .
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Findings:
1.
2.
That non-medical touns~fng, a 1:m~-si;ective use proposed at 5858 Dryden Place, is nt>t
JubstantlaHy similar ~ ac:imfoistrative and professional offices permitted in· Area-1 of the
Carlsbad Airport Centre Speclfic Plan, and is substantially similar to ,a medieal office use as it
att-ra~ "'"d is-piirhan1y dependent on bU5lness customers visiting the office even If sQine
ser,,ices @'1 be-obtained tllrOUgh internet-based communications.
That the proposed non-medical counseling office is not consistent with the intent and purpose
of the cartsbad Airport Centre Specific Plan because it is substantially similar to ma.dical office
uses that are $<pressly prohibited in· Area 1 of the Carlsbad Airport Centre-Specific .Plan (SP
181(G)).
NOTl'CE TO APPLICANT
An appeal of this cleclsion to the City Coundl must be filed with the City Clerk at 1200 carlsbad Village
Drive, Carlsbad, Catifornia, 92008, within ten (10) calendar days of the date of th~ Planning Commission;s
.declsiofl. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason($) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review. · ·
.. ,,. ...
PC.RtSO NO. 7184 I '
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PASSED, APPROVED, AND AE>OPTEP ata regular meeting of the Planning Commission of
the City of Carlsbad, canfornia, held on July 20, 2016, by the. fo-Uowfog vote, to wit:
AYES:
NOES:
ABSEN'f:
ABSTAIN:
ATTEST:
~~
DON NEU
Ofy Planner
PC RESO NO. 7184
vtce Chairperson SegaO, Comr:rdssioners Black, Goyarts, L'tteuteux,
MontgomefY, and Siekmann
Chairperse-n Anderson
C City of
Carlsbad
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY) Leqlslatlve Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit O Minor
D Conditional Use Permit
D Minor O Extension
0 Day Care (Large)
□ Environmental Impact Assessment
□ Habitat Management Permit OMinor
□ Hillside Development Permit OMinor
□ Nonconforming Construction Permit
□ Planned Development Permit OMinor
0 Residential 0 Non-Residential
~ Planning Commission Determination
□ Reasonable Accommodation
□ Site Development Plan OMinor
□ Special Use Permit
D Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map (Major Subdivision)
D Variance OMinor
P<!.D
h,....01
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
□Amendment
OAmendment
D Zone Code Amendment
South Carlsbad Coastal Review Area Permits
D Review Permit
0 Administrative O Minor O Major
VIiiage Review Area Permits
D Review Permit
D Administrative D Minor D Major B
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 212-091-06-00 ---------------------------------PROJECT NAME: 5858 Dryden Place ---------------------------------8 RIEF DESCRIPTION OF PROJECT: Allow non-medical counseling use in the Carlsbad Airport Ctr Specific Plan
BRIEF LEGAL DESCRIPTION: Lot 20, Tract No. 81-46, Map Reference: 011287
LOCATION OF PROJECT: 5858 Dryden Place, Carlsbad, CA
ON THE: South -----------------------(NORTH, SOUTH, EAST, WEST)
BETWEEN Palomar Oaks Way
(NAME OF STREET)
P-1
STREET ADDRESS
SIDE OF Dryden
--------'""(N:-:-A:-:M-::e=-o=F=-s=T=R:-::e=e=T),---------
AND Dryden deadend
(NAME OF STREET)
Page 1 of6 Revised 03/16
OWNER NAME
(Print): Sunroad Research Partners, LP
MAILING ADDRESS: 4445 Eastgate Mall, Suite 400
CITY, STATE. ZIP: San Diego, CA 92121
TaEPHONE: 858-362-8500 --------------EM A IL ADDRESS: vdoolittle@sunroadenterprises.com
APPLICANT NAME (Print): -SAME-------------MAILING ADDRESS: --------------CI TY. STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR l
PURPOSES OF THIS APPLICATION.
.;;s1~~~~~~;;.~~:S!i::::::;;;~::::===~-:.:c----1 _,s1-'f'""NA'""'..,A;...R_E _______ _ Owlog110\G
DATE
APPLICANTS REPRESENTATIVE (Print): Tom Story ----------------------------MA I LING ADDRESS: 4445 Eastgate Mall, Suite 400
CITY, STATE, ZIP: San Diego, CA 92121
TELEPHONE: 858-229-5442
EMAIL ADDRESS: ttstory@outlook.com
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR
IS APPLICATION AND THAT ALL THE ABOVE
RUE AND CORRECT TO THE BEST OF MY .
DATE
IN l'I 11! l'R861iilti 9F Rl!)Jl9.o,IU1IC. +I-Iii ARRl.lCAl"ION 1I M4Y BF NECESSOR¥ F8R VEMBEEitS OF etfY iTAliilii, i;tbANNING
.Q8MM10910,4CRG OR CITY ceu,~e,t MfMBERi lQ lblSRliCI At:Uil m I ERM! ~ROPER:rv Tl IA+ Ii +Mi 61:!f!IJl!CT OF.;ti.8'
APPblGATlml. 11,\IE OONSENT l'O EtfFRY FOR :tl=IIS Pl 1RPOSE
NMIOE ur AEifii1c::neN. PAO: Lit! I ; ii lliR :P,8111 Ui>IJIL.EDGES AMO Q'iltlil!lflP8 I Ef k !COVIOE 81<a511iiB,RIO IION l!H!INQ
-AE68RDl!D ON TIIE T,l;:J:l,i TO 1119 fKOPl!ltT I lfi ee1•Brfler•ce FQR T►Ui ARRl.lCOi.'l'f. 140 i ICE! o,-RE!S I FtlCTIOIIIS filt:JN,..WJlM,,
" 11 b'IIO ;; {if s C JJCGS.i!AS '" 1111 bliOw I.
PRO ERTY OWNER SIGNATURE I
FOR CITY USE ONLY
P-1 Page 2of6
RECEl\fED
JUN O 6 2016
CITY OF C,\RLSGAD
DATE sf~~Pt1~AY1&'~ ~k~~IVED
RECEIVED BY:
Revised 03/16
('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.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, 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% 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.)
PersonSame as Applicant corp/Part ____________ _
Title ___________ _ Title _____________ _
Address _________ _ Address ____________ _
Page 1 of 2 Revised 07/10
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 ProfitrrrustSunroad 2011 Tru5f Non Profitrrrust ----------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?
D Yes lvl 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 Signature of applicant/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 of owner/applicant's agent
P-1(A) Page2 of 2 Revised 07/10
Supplement to Application for Planning Commission Determination
Assessor Parcel: 212-091-06-00
5858 Dryden Place, Carlsbad, CA
Addition to Disclosure Statement P-l(A):
Applicant/Owner: Sunroad Research Partners, LP, a California limited partnership
Sunroad GP, Inc., its general partner, owns 0.50% of the partnership
Sunroad Real Estate Holding Corporation, owns 66.36% of the partnership
Sunroad 2011 Trust, Aaron Feldman Trustee, owns 33.14% of the partnership
(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 _____________________ _
Subiect 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 ------------------------------MA I LING ADDRESS: 4445 Eastgate Mall Suite 400
CITY, STATE, ZIP: San Diego, California, 92121
TELEPHONE: 858-362-8500
EMAIL ADDRESS:
SIGNATURE:
dfeldman@sunroa~es.com
DATE: June 02,2016
P-27 Page 1 of 1 Rev. 05/12
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, 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-
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 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, 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.