Jan 15, 2010 14:21
So today was the day I was to have taken formal possession of my new and wonderful office for massage therapy. All seemed well, indeed, I couldn't imagine anything going seriously wrong. Silly me.
The county planning department has temporarily spiked my guns quite effectively. To get a business license to do massage therapy at a commercial location in the county, the planning department has to sign off on the location's suitability, proper zoning and such like. I didn't anticipate this being a problem, there is a duly licensed massage therapist already in the building.
But it seems that the plot is much thicker than that. The building at 4144 Winding Way is in a residential area. It has a use exception, permitting specific a specific subset of businesses under the business and professional category of zoning. These include medical services, consultants, counselors and I think a lawyer. But they will not sign off on my application. No signature, no license. No license, no working at that location.
There is some sort of conflict between the building owner and the county. It looks like the county is trying to shut down the building altogether, by not issuing any new licenses while letting the old ones lapse unrenewed. When I asked about the licensure of the other therapist, the supervisor of planning told me that license had been issued in error, whatever that means.
It seems that the exception was granted twenty years ago for a single business. Then the paperwork disappeared and has only recently been rediscovered. In its absence, licenses were issued in the BP category. But now massage therapy is being excluded, either specifically, which is, I believe in contravention of CA state law (see below) or as part of shutting the building down little by little, which would appear to be a taking and would screw the building owner but good. I don't know which of these two choices is correct; I can't get planning to give me a clarification on the subject.
It matters, because if they aren't prohibiting any new licenses at all, then it's all over and I need to find a new location, since any litigation the owner may pursue would take me too long. If they're denying massage therapy specifically, then I have a fighting chance of beating city (county?) hall, as according to California SB731 passed in 2008, which regulates massage therapy statewide, massage therapy must be treated exactly the same as professional or personal services of other sorts, including medical, dental and the like. Since they have issued licenses of this type to other businesses, it seems to me (and to the landoord) that I must be given my signature.
I have negotiated an extension until February 1 of the beginning of my lease to allow the landlord and me to see if we can settle the county's hash on this. They want to rent to me. I really, really want this office in this location. I don't know how everything will turn out in the end.
This is having a real emotional effect on me. I'm ready to get working; ready to start touching people again. i want to set up my office and make it my own space. I want money coming in. The delay and frustration is really taking a toll on me.
If there's no progress by February 1, I'll have to bail and find another location. I can't afford to wait any longer, even at the cost of losing what may be my best place.
Ah well, stay tuned to this space for further announcements.
government fail,
the golden thread,
massage therapy,
work