Progress is being made on crafting a compromise solution for a Pacific Beach acupuncture and chiropractic clinic claiming an erroneous zoning citation by the City’s Development Services Department could cost them tens of thousands of dollars in extra permit fees and potentially shut them down.
“The mayor got wind of the situation and assigned Kohta Zaiser, who has been amazing working with code enforcement and development services,” said Larry Michel, business manager for Source Empowered Wellness and Habstritt Chiropractic at 4666 Cass St. “He knows the routine and he is about finding solutions that work for the department, as well as the consumer. I am sure that we would be sinking quickly, or possibly closed today if it was not for his support backed by Mayor Gloria.”
Dr. Simone Ressner, the owner of the Cass Street holistic health clinic, noted COVID safety protocols halved their patient treatment space, causing them to expand their facility into an otherwise unusable garage space, which ultimately triggered the City’s citation for alleged zoning violations.
Michel said there’s been a recent attitude adjustment between the businesses he works for and the City. “The first thing that happened was people in the (City’s) departments started to have real conversations with us, rather than just stating their positions,” he said. “They were listening and wanting to resolve things. Instead of a battle, it now feels more like a collaboration.
“Instead of threatening fines and a hearing, there is a focus on getting quality results for us while still following the intentions of the City’s municipal code. Now we are waiting for the details and follow-up. Hopefully, we will be moving quickly to resolving the use, getting the new build properly permitted, and we will be back in full swing again.”
The unresolved zoning and permitting issues at the 4666 Cass St. property date back to May 13, 2021. That was when the City issued a citation saying the property leased by Source Empowered Wellness and Habstritt Chiropractic was in violation of San Diego municipal codes, and that the following issues needed to be corrected: unpermitted operating medical, chiropractic, yoga, and massage businesses; converting off-street enclosed parking space into office space to include interior partitions and electrical; and reduction of off-street parking.
“Source Empowered Wellness and Habstritt Chiropractic were being told that their use is not allowed where they have been operating for the last six years,” said Michel previously, arguing the tenants’ use there “fits within the designated services listed, specifically, beauty and personal care services. The City’s Code Enforcement Division is citing the proprietors of the businesses as operating medical, chiropractic, yoga, and massage. They do not do yoga, medical, or massage. They do acupuncture, which is not considered medical services or treatments.”
Michel said Source Empowered Wellness and Habstritt Chiropractic found themselves trapped in a “Catch-22” involving an outdated Planned District Ordinance, which only applied to portions of Cass Street.
“One thing that did come out in our (City) conversations is how badly Pacific Beach needs to catch up with most of the rest of the City by moving away from outdated PDOs,” said Michel. “It is just such an ordinance that created the major issue with our use in the zone where our clinic is. The ordinance is nearly 25 years old, states permits that no longer exist today, and in many ways no longer reflect the needs and desires of the local PB community. It will take an action from Councilwoman Dr. Jennifer Campbell’s office to catch up with the times, so incidences like we went through, and are still working to fully resolve, can be avoided.”
