Real Estate: Carlsbad Planning Department Determination Overturned

Real Estate Zoning: Last night, attorney D. Scott Barber of Walton Law Firm LLP successfully appealed a decision of the City of Carlsbad Planning Department to deny a client’s business license.

The client, an audiology center, had applied to re-new its business license after moving within the City of Carlsbad. The Planning Department denied the request, finding that the type of business was not permitted within the Planned Industrial (P-M) Zone. Walton Law Firm appealed the Planning Department’s determination, arguing that the audiology center was permitted within the zone as an “Industrial Medical” use. Because of its location, the audiology center caters largely to the surrounding manufacturing businesses and the airport, providing hearing testing, custom hearing protection and hearing aids for those who have suffered hearing loss. The Planning Department denied the appeal. Walton Law Firm then appealed the decision to the City of Carlsbad Planning Commission.

Following a public hearing, and lengthy questioning by the Commissioners, the Commission voted 4 to 2 that the audiology center is an “Industrial Medical” use and therefore a permitted use within the P-M Zone. The Commission further voted to direct the Planning Department to allow the audiology center to re-new its business license.

If your business needs assistance with a zoning or other regulatory issue, or any other commercial real estate matter, please contact Mr. Barber to find out if Walton Law Firm can assist you as well.