HomeMy WebLinkAboutOne-Year Moratorium on CUPs for Independent-Stand Alone Massage Establishments PC NOA and RES I y 01 PH I M 0E5ER1
73-5
Io FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-o6n
FAX: 760 341-7098
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: June 17, 2009
CITY OF PALM DESERT
Re: ONE-YEAR MORATORIUM
The Planning Commission of the City of Palm Desert has considered the matter and taken
the following action at its regular meeting of June 16, 2009:
THE PLANNING COMMISSION, BY ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 2507, RECOMMENDED TO CITY
COUNCIL APPROVAL OF A ONE-YEAR MORATORIUM ON ISSUANCE
OF CONDITIONAL USE PERMITS FOR INDEPENDENT MASSAGE
ESTABLISHMENTS WHILE OPTIONS FOR LONG-TERM REGULATORY
STRATEGIES ARE STUDIED. MOTION CARRIED 4-0 (CHAIRPERSON
TANNER WAS ABSENT).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
y Palm Desert Planning Commission
AM
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
Business License Department
L,PRINTED ON RECYCLED PAPER
PLANNING COMMISSION RESOLUTION NO. 2507
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THAT A MORATORIUM BE
PLACED ON ISSUANCE OF CONDITIONAL USE PERMITS TO INDEPENDENT
MASSAGE ESTABLISHMENTS FOR A PERIOD OF ONE YEAR,WHILE THE IMPACT OF
LIMITATIONS, RESTRICTIONS, AND/OR PROHIBITIONS ARE STUDIED.
WHEREAS,the Planning Commission of the City of Palm Desert, California, did on May 19,2009,
request staff to prepare a report for recommendation to the City Council that a moratorium be placed on
CUPs for all independent massage establishments for a period of one year; and
WHEREAS, on June 16,2009,the Planning Commission at the City of Palm Desert,California,did
hold a duly noticed public hearing to recommend to the City Council that a moratorium be placed on CUPs
for all independent massage establishments for a period of one year; and
WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary
evidence, and arguments, if any, about which the persons desiring to be heard said, the Planning
Commission did find the following facts and reasons to exist to justify the recommendation to the City
Council of said request:
Reasons for the moratorium are:
That independent massage establishments have been determined to require greater
policing and code enforcement resources.
That Palm Desert has a high number of such establishments, which may be
disproportionate to the city and visitor population.
That Palm Desert desires to have a broad mix of retail businesses and services so as to
avoid financial hardship in the event of a significant downturn in any one sector.
That more study is needed before making any long term decisions regarding limitation or
prohibition of independent massage establishments.
Over the years massage establishments have failed to comply with conditions imposed by
the Conditional Use Permit.
The City has found massage establishments staff conducting business, even though the
license to operate was inactive.
Massage establishment licenses have been denied because applicants have been
operating who have been convicted of "disqualifying conduct".
Massage establishments have been raided for illegal conduct.
There have been investigations for organized crime activity and human smuggling
offenses.
NOW,THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the Planning
Commission in this case.
PLANNING COMMISSION RESOLUTION NO. 2507
2. That Planning Commission hereby recommends to the City Council that a moratorium be
placed on CUPs for all independent massage establishments for a period of one year.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 16`h day of June, 2009, by the following vote to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, LIMONT
NOES: NONE
ABSENT: TANNER
ABSTAIN: NONE
I
CONNOR LIMONT, Vice Chair
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPROVEg AS TO FORM:
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DAVID J. SAWIN, City Attorney
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