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Home My WebLink AboutA. Case No. CUP 05-02 Revocation, MEI JUN WANG - CITY OF PALM DESERT, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Revocation of an existing Conditional Use Permit (CUP) allowing a massage therapy establishment in a 2,000 square foot office suite located at 43-875 Washington Street, Suite E, Case No. CUP 05-02. SUBMITTED BY: Missy Grisa Assistant Planner APPLICANT: Mei Jun Wang 78-223 Scarlet Ct. La Quinta, CA 92253 PROPERTY MLK OWNER: 311 E. 157TH St. Gardena, CA 90248 CASE NO. CUP 05-02 DATE: June 16, 2009 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would revoke an existing Conditional Use Permit for a massage therapy establishment in a 2,000 square foot office suite located at 43-875 Washington Street, Suite E. IV. BACKGROUND/ ANALYSIS: On May 15, 2009, during an undercover operation conducted by the Palm Desert Selective Enforcement Team, two employees of Chinese massage were cited for violations of California Penal Code Section 647(b) on the licensed premises at which time the holder of the Conditional Use Permit for a massage establishment, Mei Jun Wang, was present. Due to the issued citations and illegal or disorderly business operations, the Conditional Use Permit for that location is being revoked under P.D.M.C. §5.87.180(B)(4). The City Attorney sent a revocation letter via certified mail to Mei Jun Wang on May 27, 2009 referencing relevant codes and the process for appeal. The signed return receipt was received in the City Attorney's office June 1, 2009. Ms. Wang has ten days to appeal the revocation. As of the writing of this report, no appeal has been filed. Staff Report CUP 05-02 June 16, 2009 Page 2 of 2 The findings to justify the revocation of CUP 05-02 can be found in the attached resolution. Following the revocation of a Conditional Use Permit, no new application can be filed within a one year period from the date of revocation for the same or substantially the same conditional use on the same site. VII. RECOMMENDATION: Staff recommends that the Planning Commission adopt the findings and Planning Commission Resolution No. revoking CUP 05-02. VIII. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Memorandum from Best Best & Krieger D. Letter referenced in memorandum E. P.D.M.C. §5.87.180(B)(4) Submitted by: Department Head: "iV1(-) Missy Grisa Lauri Aylaian Assistant Planner Director of Community Development Approval: Wes. Homer Croy ACM for Deve .p ' ent Services G:\Planning\Missy Grisa\CUP\43875 Washington St.Suite F\Staff Report Massage Establishment.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, REVOKING EXISTING CONDITION OF USE PERMIT CUP 05-02 FOR A MASSAGE THERAPY ESTABLISHMENT IN A 2,000 SQ. FT. OFFICE SUITE LOCATED AT 43-875 WASHINGTON STREET, SUITE E CASE NO.: CUP 05-02 WHEREAS, the Planning Commission of the City of Palm Desert, CA did on April 19, 2005 approve Conditional Use Permit 05-02 subject to certain conditions; and WHEREAS, a business known as "Chinese Massage" has operated a massage therapy establishment on the premises pursuant to CUP 05-02; and WHEREAS, the Planning Commission did, on June 16, 2009, hold a duly noticed public hearing to consider the revocation of CUP 05-02; 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 revocation of CUP 05-02: 1. The Conditions of Approval of CUP 05-02 require that: Applicant must obtain clearance, permits, or licenses as required by City's Municipal Code, including, but not limited to, Ordinance No. 870 Massage Establishment, before the Conditional Use Permit is deemed valid. 2. Palm Desert Municipal Code § 25.72.130(A)(1) provides that a Conditional Use Permit will be revoked if the permittee: "(1) Has failed to comply with any applicable provision of the Palm Desert Municipal Code, including, but not limited to, the City's building, zoning, and health regulations; (2) Has failed to comply with any condition imposed by the Conditional Use Permit." 3. Chinese Massage has failed to comply with the conditions of approval of CUP 05- 02 and the Palm Desert Municipal Code in that: On May 15, 2009, two employees of Chinese Massage were cited for violations of California Penal Code§ 647(b) at the premises during an undercover operation conducted by Palm Desert Selective Enforcement Team and during which time the holder of the massage establishment permit was present. Due to the issuance of the citations, the premises for which the permit was issued is being PLANNING COMMISSION RESOLUTION operated in a illegal or disorderly manner, under PDMC § 5.87.180(B)(4). 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. 2. That Conditional Use Permit 05-02 is hereby revoked. PASSED,APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on June 16, 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission APPROVED AS TO FORM: David J. Erwin, City Attorney RMPUB\RHARGREAVES\307979.1 .... CITY Of hill DESERT , , �,, 73-510 FRED WARING DRIVE • PALM DESERT,CALIFORNIA. 92260--2578 0,1 , ,4, i TEL:760 346-0611 t: . .w, EAX:760 341-7098 " ..................... i nfo@pal m-dcsert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 05-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to revoke an approved Conditional Use Permit for a massage therapy establishment within a 2,000 square foot office suite. The property is located at 43-875 Washington Street, Suite E. -w.,0 •�. "F"' . rt r 'c j g s,711.:J - o-„ P.R t` k ay„ it 4. C ., a a� cIle 67 f 2 ,= t r ' m SAINT CROIX DR: ., ik"t ',* s z' .. � '" 'ARS to 'rr„.,3 .., ‘, a Q ` 3 "i CALLE LAS BRIMS to " 's t A %, .. ,,,,,,.....,... , . ...„ ii , . ,.:‘,..,,...4...„„.. , i 42, .w..,4 „ . 0 , , , ,... , I . 7.... ,, ..,,, . ...:... f., .,,,,,, .,,„,,4 ,01 . „.. .;% . ti _..„ .,, ..,,. ..4.,,, ,,r.,..,,ga••=4, ''...,1-,-' ' ,` -,•,` . OM II — ' ' . I. fyR1 ., 2e VIA GARRALTAR �y v` ITT):..." -A4- '1,a i FRED WARI=a[G DR:. FRED w4RMIa DR ,ra ,� -, . ,,. ,. _, „4,,,„,,..iii:.. SAID public hearing will be held on Tuesday, June 16, 2009 at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or City Council)at, or prior to, the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary June 6, 2009 Palm Desert Planning Commission BEST BEST & KRIEGER ATTORNEYS AT LAW June 2, 2009 Memorandum To: Palm Desert Planning CLIENT-MATTER NO.: 72500.00762 Commission FROM: Jill Tremblay, Deputy City Attorney RE: Status Report on Chinese Massage On May 15, 2009, two employees of Chinese Massage were cited for violations of California Penal Code Section 647(b) at the licensed premises during an uncover operation conducted by Palm Desert Selective Enforcement Team and during which time the holder of the Massage Establishment Permit, Mei Jun Wang, was present. Due to the issuance of the citations, the premises for which the permit was issued was being operated in an illegal or disorderly manner, under P.D.M.C. §5.87.180(B)(4). Based thereon, the City Attorney's office sent a revocation letter via certified mail to the holder on May 27, 2009, attaching the relevant municipal code sections and process for appeal. The signed return receipt was received by the City Attorney's office June 1, 2008. Ms. Wang has ten (10) days to appeal the revocation. The letter is attached for your review. BEST BEST & KRIEGER ATTORNEYS AT LAW SACRAMENTO IRVINE (949)263-2600 74-760 Highway 111,Suite 200 (916)325-4000 Indian Wells,California 92210 SAN DSEOO LOS ANGELES (760)568-2611 (618)525-1300 (213)617-8100 (760)340-6698 Fax ONTAR-IO BBKlaw.com WALNUT CREEK (909)989-8584 (925)977-3300 RIVERS-IDE (951)686-1450 Stacey P.Shalhoub (760)568-2611 Stacey.Shalhoub@bbklaw.com File No. 72500.00762 May 27,2009 BY CERTIFIED MAIL By CERTIFIED MAIL RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED Mei Jun Wang Mei Jun Wang 78-223 Scarlet Court 43-875 Washington Street, Suite E La Quinta,CA 92253 Palm Desert,CA 92211 Re: NOTICE OF REVOCATION OF MASSAGE ESTABLISHMENT PERMIT FOR CHINESE MASSAGE THERAPY; PERMIT NO.: 04-35073 Dear Ms.Wang: On behalf of the Palm Desert City Manager and the Permit Administrator, please be advised that effective immediately, the Massage Establishment Permit for Chinese Massage Therapy is hereby revoked for noncompliance with the Palm Desert Municipal Code("the Code" or"P.D.M.C."),due to the incidents that took place at the licensed premises on May 15,2009. Findings and Basis for Revocation. On May 15, 2009, two employees of Chinese Massage were cited for violations of California Penal Code Section 647(b) at the licensed premises during an uncover operation conducted by Palm Desert Selective Enforcement'!'earn and during which time you were present at the premises. Due to the issuance of the citations, the premises for which the permit was issued was being operated in an illegal or disorderly manner, and the City is revoking your permit per P.D.M.C. §5.87.180(B)(4). Process for Written Appeal. You may appeal this revocation by filing a written appeal with the City Clerk within ten (10) days of this Notice. Thereafter,the City Council will set a time a place for a public hearing for your appeal or may refer the matter to a hearing officer. If the City Council chooses, it may decide the matter based upon the recommendations and findings of the hearing officer. The decision of the City Council is final. BEST BEST & KRIEGER ATTORNEYS AT lAW Mei Jun Wang May 27,2009 Page 2 Enclosed herewith for your further reference are the applicable P.D.M.C. Sections included in Chapter 5.87. Sincerel , Stacey P. Shalhoub for BEST BEST&KRIEGER LLP City Attorneys for the CITY OF PALM DESERT sps Enclosure cc: John Wolmuth Paul Gibson Rob Bishop David J.Erwin,Esq. Robert Hargreaves,Esq. RML1T SSHALHOUBI307695.1 5.87.180 Suspension, revocation of permit. Page 1 of 1 Palm Desert Municipal Code p Previous Next Main Search Print Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.87MASSAGE ESTABLISHMENT_AND MASSAGISTS 5.87.180 Suspension, revocation of permit. The city manager shall suspend or revoke any permit issued under this chapter if he finds and determines that: A. The business as conducted by permittee, its agent(s)or employee(s), or any person(s)connected or associated with the permittee as partner, director, officer,general manager or any other person(s), who is exercising managerial authority of,or on behalf of permittee acting under the authority of such permit,does not comply with all applicable laws, including but not limited to the city's building, zoning and health regulations; or B. Permittee, its agent(s)or employee(s), or any person connected or associated with the permittee as partner, director,officer or general manager or other person(s), who is exercising managerial authority of, or on behalf of permittee,acting under the authority of such permit,has: 1. Knowingly procured said permit by false statements, representations or nondisclosure of a material fact when such fact would have constituted good cause for denying the application for such permit or any document required by the city in conjunction therewith, or 2. The permittee has ceased to meet any of the requirements for issuance of a permit, or 3. Any failure on the part of the owner, manager or other person in charge of the premises to enforce the regulations set forth in this chapter or to cooperate with the police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises, or 4. The premises for which the permit was issued is being operated in an illegal or disorderly manner, or 5. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood, or 6. The applicant has been convicted of disqualifying conduct,as defined in Section 5.90.010. Such denial may be made only if the act or crime referred to in subsection B6 or B7 of this section must be substantially related to the qualifications,functions or duties of a person engaged in the business or practice of massage establishment. (Ord. 993 § 3 (part),2002; Ord. 870 § 2(Exhibit A)(part), 1998) http://gcode.us/codes/palmdesert/view.php?topic=5-5_87-5_87_180&frames=off 6/9/2009