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HomeMy WebLinkAbout2016-07-20; Planning Commission; ; PCD 16-01 - SUNROAD ENTERPRISES APPEALThe City of Carlsbad Planning Division A REPORT 1r0 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-SUNROAD 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 Sun road 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 area. Sunroad 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 Sun road 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 21.34.020.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 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 Spedfic 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 of the Specific Plan identifying the permitted uses in Area 1 and Area 2 is attached. Appeal of City Planner's Determination Sunroad 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 PCD 16-01-SUN ROAD ENTEHPRISES 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 arnd 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 for the 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 t\irport 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 Sunroad Enterprises 8. June 6, 2016, appeal justification form from Sunroad Enterprises SITE MAP • N NOT TO SCALE SUN ROAD ENTERPRISES APPEAL PCD 16-01 City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carfsbadca.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 thls and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." ~gents 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 1 0% 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 8bb 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 includels 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 of2 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 Profit/TrustSunroad 201 1 Trust Non Profit/Trust ------------------TitleAaron Feldman, Trustee Title ·---------------------------Address4445 Eastgate Mall, Suite 400, San Die!;JO, 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? 0 Yes I vi No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the abovEl 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 of owner/applicant's agent P-1(A) Page2 of2 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-1(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 (..V 0 23 22 '',,, , HowesWeller ~ &Associates // LAND USE PLANNING AND ENGINEERING 0~~ «.~ :'<.. Ro~ ~~ /~ ,/ ''\., ' " /\:6 '\., //<.._ 37 /-'\., FIGURE 7 CARLSBAD AIRPORT CENTRE SPECIFIC PLAN 181 (H) LAND USE PLAN CITY OF CARLSBAD ~ LEGEND ~ AREA2 D AREA1 SP 181G Ill. PERMITIED USES A. AREA 1 Area 1 is designated for light and medium industrial uses, research and development 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 any period of time; 2. Vibration, heat, glare, or electrical disturbances beyond the boundaries of the site; 3. Air pollution detectable 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 of the 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-quality business park, with all standards andl restrictions established by this plan and with CC&Rs. 6 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: a. Biochemical; b. Chemical; c .. Electronics; d. Film and photography; e. Medical and dental; f. Metallurgy; g. Pharmaceutical; h. X-ray. 2. Manufacture, research assembly, testing 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. 3. 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 SP 181G i. Professional, scientific, controlling, photographic, and optical products or equipment. 4. 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, shops engaged in the repair, maintenance and servicing of such items, excluding automobile and truck repair, and excluding equipment rental yards. 5. Industries engaged in the distribution and/or storage or warehousing of products similar to"those listed in other permitted uses in this group. 6. Construction industries such as general contractors, electrical contractors, plumbing contractors, etc., and their accessory and incidental office uses. 7. Blueprinting, photostatting, photo-engraving, printing, publishing, and bookbinding. 8. 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. 9. Employee cafeteria, cafe, restaurant, or auditorium accessory with and incidental to a permitted use (intended primarily for the express use of those persons employed at the firm or use where such incidental use is applied). 10. 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. 11. Education Facilities, Other as defined in Section 21.04.137 of the Zoning Ordinance subject to a Minor Conditional 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 ofthe 65 dB CNEL noise contour (as shown in the Comprehensive Land 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 8 SP 181G interior noise levels are attenuated to 45 dB CNEL (as verified through a site specific acoustical study). 9 ( SP 181G B. AREA2 Area 2 is designated for industrial support uses, business and professional uses, and certain retail 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 s.ubject to the provisions of Section 21.42 of the Carlsbad Municipal Code. At a minimum, this conditional use permit shall address adequate parking, distance between restaurants, co~patibility 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 per SP 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 are approved. 10 SUNRO~D ENTERPRISES Mr. Don Neu, AICP City Planner Community & Economic Development Planning Division 1635 Faraday Ave. Carslbad, CA 92008-7314 cMay 11, 2016 Subject: 5538 Dryden Place Dear Mr. Neu, MAY 16 444 5 Eastgate Mall Suite 400 San Diego, California 92121. (858) 362-8500 Fax: (858) 362-8448 · Thank you for meeting with me and my con~ultant team on Monday l\llay 9, to d.iscuss permitted uses within the P-M Zone of the Carlsbad Airport Centre .. Sunroad E11terprises, the owner of the subject .property seeks to lease approximately 10,000 sq. ft. ~f mezzpnine space within the 60,000 sq. ft. consistent with 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 fiowerindustry that has long been based in Carlsbad. Consistent with the Permitted Uses listed in theCarisbad Airport Centre Specific Plan, Sun road wouid like to lease the mezzanine space to administrative and ,professional offices .. Prospective tenants include several local business that provide non-medical counseling services. Sunroad understands thatthe City has typically defined businesses that provide counseling services as a medical office use whiCh is a .prohibited use. For the purposes of this discussion non-medical counseling is definecl as personal . counseling th(ltrequires no medical equipment, no dispensing of medication, and no performance of medical procedures. ·. Sunroad understands the importance of protectingand preserving indu~trial designated lands with the City to ensure a vital job based economy.· 'A substantial part ofthat 'j()bS base' are locally owned and operated businesses. The businesses that provide non-medical counseling services are substantially similar to the Permitted professional office uses such as 'accountants~ attorneys~ engineers~ architects, and planners' as enumerated below: su ENTERPRISES 1. They can provide their servic:es to businesses in the Specific Plan area but are not restricted to only serving those l:lusinesses . . 2. They rely on clients froh-1 throughout the region, 3 .. They can serve and meetwith their clients either on or off-site. ' . 4. They have very low parkir:~g demands because they rarely if ever meetwith multipl.e clients on- site at the s9me 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 off the st~eet. 7. When they do meet with clients .it is by appointment orily. MunicipaL Code Section 21:34.020 C. states "Uses similar to those listed ln Table A may be permitted if the city planner determines such similar use falls within the intent and purposes of the zone, and is substantially similar to the specifiedpermi{ted uses.~'. Sun road respectfully requests that per MCSec. 21.34.020 and fort he above stated reasons, that you determine that Non~Medlcal Counseling is substantially simila.r to the specific permitted 'uses of the Carlsbad Airport Centre Specific Plan area. We appreciate your timely corisiderationofthis request, Vice President 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, Vl1i (ed ~{ tLP// (P . I Ccityof 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 of the Specific Plan: Administrative and professional offices, limited to a) offices which are associated with any permitted industria~ 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. Your Jetter 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 92008-73141 760-602-4600 J760-602-8560 f J www.carlsbadca.gov May 25, 2016.~ ': ·~ Page 2 ~'lf'litif;k.t/; :;;:;,,''' 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, AICP . City Planner DN:TD:fn c: Glen Van Peski, Community & Economic Development Director Van Lynch, Principal Planner Teri Delcamp, Senior Planner (City of Carlsbad APPEAL FORM P-27 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov D~~~~~n~uareap~ali~:_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: SIGNATURE: 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 Plan11ing 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 ski/Is 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.