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HomeMy WebLinkAboutB. Case No. CUP 07-02 Revocation, XIANG LI - CITY OF PALM DESERT, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Revocation of an existing Conditional Use Permit (CUP) for a massage therapy establishment in a 685 square foot office suite located at 74- 350 Alessandro Drive, Suite B-4, Case No. CUP 07-02. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Xiang Li 113 West Garvey Avenue, #177 Monterey Park, CA 91759 PROPERTY Shah Family Trust OWNER: 40530 Morningstar Rd Rancho Mirage, CA 92270 CASE NO. CUP 07-02 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 685 square foot office suite located at 74-350 Alessandro Drive, Suite B-4. II. BACKGROUND/ ANALYSIS: In July 2008, the City denied Mr. Xiang Li a permit to operate a massage establishment, located at 74-350 Alessandro Drive, Suite B-4, because Ms. Chunmei (Or Chun Mei) Qiao was operating the massage establishment while her background did not comply with P.D.M.C. 5.87.160(D). Ms. Qiao also had a conviction for "disqualifying conduct", as defined by P.D.M.C. 5.90.010. The "disqualifying conduct" was a conviction of California Penal Code § 647(B) for agreeing to or engaging in any act of illegal conduct. Additionally, Ms. Qiao had been charged with numerous violations of the Los Angeles Municipal Code § 103.205, related to the operation of massage establishment, and was convicted of unlawful engagement of a massage business. After the application was denied, Mr. Li removed Ms. Qiao and added Jessica Duncan and resubmitted the Staff Report CUP 07-02 June 16, 2009 Page 2 of 2 application. Ms. Qiao continued to communicate with City staff regarding the application, indicating that she is still an important part of the business. On December 18, 2008, the City conducted an inspection and found staff present and conducting business, even after the license to operate was deemed inactive. P.D.M.C. 5.87.030 prohibits operating a massage establishment without a license and P.D.M.C. 5.87.030 requires existing applications to be renewed prior to their expiration or they will be inactivated. The findings to justify the revocation of CUP 07-02 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. III. RECOMMENDATION: Staff recommends that the Planning Commission adopt the findings and Planning Commission Resolution No. revoking CUP 07-02. IV. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Memorandum from Best Best & Krieger D. Letter referenced in memorandum E. P.D.M.C. 5.87.160(D), P.D.M.C. 5.90.010, and P.D.M.C. 5.87.030 Submitted by: Department Head: )(-• Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development Approval. Homer Croy ACM for Dev ment Services G:\Planning\Kevin Swartz\Word\revoking CUP 07-02 PC report.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT CUP 07- 02 ALLOWING A MASSAGE THERAPY ESTABLISHMENT IN A 685 SQ. FT.OFFICE SUITE LOCATED AT 74-350 ALESSANDRO DRIVE, SUITE B-4. CASE NO. CUP 07-02 WHEREAS,the Planning Commission of the City of Palm Desert, CA did on February 6,2007 approve Conditional Use Permit 07-02 for a massage therapy establishment located at 74-350 Alessandro Drive, Ste. B-4; WHEREAS, a business known as "Tranquility Massage " applied for and was denied a massage establishment permit for operations at the premises; and WHEREAS, on June 16, 2009, the Planning Commission at the City of Palm Desert, CA did hold a duly noticed public hearing to consider the revocation of CUP 07-02 for failure to comply with conditions of approval, and Palm Desert Municipal Code; 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 07-02: 1. Conditions of Approval of CUP 07-02 require that: Applicant must obtain all clearance, permits, or licenses as required by the 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 provides that the conditional use permit may 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. On April 28, 2008, a notice of denial of massage establishment permit to operate at the premises was issued to Xiang Li. The permit was denied because Ms. Chunmei Qiao was operating the massage establishment had been convicted of "disqualifying conduct"as per sections 5.87.160(D)and 5.90.010 of the Palm Desert Municipal Code (PDMC). 4. On December 18, 2008, the City conducted an inspection at Tranquility Massage and found staff present and conducting business, even though the license to operate was inactive. PDMC 5.87.030 prohibits operating a massage establishment without a PLANNING COMMISSION RESOLUTION NO. license and PDMC 5.87.030 requires existing applications to be renewed prior to their expiration or they will be inactivated. 5. On March 11, 2009,the City conducted another inspection at Tranquility Massage and again found staff present and conducting business, even though the license to operate was inactive. 6. Therefore Tranquility Massage has operated,and continues to operate at the premises in violation of the conditions of approval and the PDMC code sections listed above. 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 07-02 is hereby revoked. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on 16th day of June, 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\307980.1 CITY OF PDLDI DESERT +; 73-510 FRED WARING DRIVE PALM DESERT,CALIFORNIA 92260-2578 TEL:760 346-0611 !„ : FAX:760 341-7098 ,„ info@pal m-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NOS.CUP 07-02 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 685 square foot office suite. Subject Property is located at 74-350 Alessandro Drive, Suite B-4. 11111kmN I9L to a ALESSANDRO DR ALESSANDRO OR PALMDESERT DR N ,yam HWY 111 HIGHWAY 111 O PALM DESERT DR S v SAID public hearing will be held on Tuesday, June 16, 2009, at 6:00 p.m. in the Council Chambers 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 and/or negative declaration 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 Palm Desert Planning Commission (or city council)at, or prior to,the public hearing. PUBLISH: Desert Sun Lauri Aylaian, Secretary June 3, 2009 Palm Desert Planning Commission BEST BEST & KRIEGER ATTORNEYS AT LAW Memorandum To: Palm Desert Planning CLIENT-MATTER No.: 72500.00762 Commission FROM: Jill Tremblay, Deputy City Attorney RE: Status Report on Tranquility Massage On April 28, 2009 a notice of denial of massage establishment permit letter was sent to Xiang Lee to his business and his home. A copy of the letter is attached for your reference. They signed return receipts were received on April 29, 2009. The time for appeal has passed. The permit was denied because Ms. Chunmei (Chun Mei) Qiao was operating the massage establishment had been convicted of "disqualifying conduct" as per sections 5.87.160(D) and 5.90.010 of the Palm Desert Municipal Code (PDMC). The "disqualifying conduct" was a conviction of California Penal Code § 647(B) for agreeing to or engaging in any act of prostitution. Additionally, Ms. Qiao had been charged with a number of violations of the Los Angeles Municipal code § 103.205, related to the operation of a massage therapy establishment, and was convicted of unlawful engagement of a massage business. After the application was denied, Mr. Li removed Ms. Qiao, on paper, as one of the employees and added Jessica Duncan and resubmitted the application. However, Ms. Qiao continued to communicate with City staff regarding the application, indicating that she is still an important part of the business. On December 18, 2008, the City conducted an inspection at Tranquility Massage and found staff present and conducting business, even though the license to operate was inactive. PDMC 5.87.030 prohibits operating a massage establishment without a license and PDMC 5.87.030 requires existing applications to be renewed prior to their expiration or they will be inactivated. On June_, the City conducted an inspection at Tranquility Massage and again found staff present and conducting business, even though the license to operate was inactive. - 2 - BEST BEST & KRIEGER t ATTORNEYS AT LAW IRVINE SACRAMENTO (949)263-2600 74-760 Highway 111,Suite 200 (916)325-4000 Indian Wells, California 92210 LOS ANGELES SAN DIEGO (213)617-8100 (760)568 2611 (619)525-1300 (760)340-6698 Fax ONTARIO BBKIaw.Com WALNUT CREEK (909)989-8584 (925)977-3300 RIVERSIDE (951)686-1450 Jill A.Tremblay (760)568-2611 Jill.Tremblay@bbklaw.com File No. 72500.00762 April 28, 2008 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Xiang Li 113 West Garvey Avenue, #177 Monterey Park, CA 91759 Xiang Li 74-350 Alessandro Drive, B-4 Palm Desert, CA 92260 Re: NOTICE OF DENIAL OF MASSAGE ESTABLISHMENT PERMIT • Dear Mr. Li: Thank you for your recent Application to the City of Palm Desert for a Massage Establishment Permit for the business, Tranquility Massage. Based upon the City's investigation and background checks, the Application is being denied. Findings and Basis for Denial. Mr. Xiang Li was denied a permit to operate a massage establishment, located at 74-350 Alessandro Drive, B-4, Palm Desert, California 92260 by the City in July 2008 because Ms. Chunmei (or Chun Mei) Qiao was operating the massage establishment while her background did not comply with P.D.M.C. 5.87.160(D) and she had a conviction for "disqualifying conduct", as defined by P.D.M.C. 5.90.010. Investigation into Ms. Qiao's background disclosed that she has been convicted of California Penal Code §647(B) in San Francisco County, the underlying facts of which indicate the offense related directly to the practice of massage therapy and occurred on the premises of a massage therapy establishment. Additionally, Ms. Qiao had been charged with a number of violations of the Los Angeles Municipal Code §103.205, related to the operation of a massage therapy establishment, and was convicted of unlawful engagement of a massage business. Ms. Qiao's actions were sufficient to deny the Application under the P.D.M.C. BEST BEST & KRIEGER ATTORNEYS AT LAW Xiang Li April 28, 2008 Page 2 After denying the application, Mr. Li then removed Ms. Qiao, on paper, as one of the employees at the Establishment and added Jessica Duncan and resubmitted the application. Duncan has no criminal history on record. However, throughout this reapplication period, Ms. Qiao was the person who contacted the City regarding inquiries concerning Tranquility's establishment permit process. She continued to communicate with City staff and submitted paperwork concerning the application along with inquires on the status of the application on a continuous basis. Therefore, the Department is under the impression that Ms. Qiao is still an important part of the business. In addition, on December 18, 2008, the City conducted an inspection at Tranquility Massage and found staff present and conducting business, even though the license to operate was inactivated. P.D.M.C. 5.87.030 prohibits operating a massage establishment without a license and P.D.M.C. 5.87.130 requires existing applications to be renewed prior to their expiration or they will be inactivated. Therefore, it appears that Mr. Li is still having Ms. Qiao run the business, while using Duncan as a façade and conducting business without a permit. Mr. Li's actions substantiate a denial of the Application under the P.D.M.C. Process for Written Appeal. You may appeal this denial by filing a written appeal with the City Clerk within ten (10) days of the Notice of Denial. 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. Enclosed herewith for your further reference are the applicable P.D.M.C. Sections included in Chapters 5.87 and 5.90. BEST BEST & KRIEGER ATTORNEYS AT LAW Xiang Li April 28, 2008 Page 3 Sincerely, e---C)L-Q-S4' \,QA-vuty, Jill A. Tremblay for BEST BEST& KRIEGER LLP City Attorneys for the CITY OF PALM DESERT JAT:jat Enclosures cc: John Wohlmuth Paul Gibson . p Lt. Andrew Shouse Pedro Rodriguez David J. Erwin, Esq. RMPUBUTREMB LAY\3 07039.1 5.87.160 Approval of permits. Page 1 of 1 Palm Desert Municipal Code Up Previous Next Main Search Print No Frames Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.87 MASSAGE ESTABLISHMENT AND MASSAGISTS 5.87.160 Approval of permits. The director shall grant an application for permit within thirty days after receipt of all information necessary for such decision including results of the investigation as specified in Section 5.87.150, if the following findings made: A. Massage establishment location has been granted conditional use permit approval per Section 5.87.040; B. The conduct of the permittee, as proposed by the applicant, if permitted, will comply with all applicable laws, including but not limited to the city's building, zoning and health regulations, including the provisions of this chapter; C. The applicant has not knowingly made any false, misleading or fraudulent statements of fact in the permit application, or any other document required by the city in conjunction therewith; if the applicant is a non- publicly traded corporation,this requirement applies to each of the officers, directors, and/or stockholders owning not less than ten percent of the stock in the corporation. If the application is a partnership,this requirement applies to each of the partners, including limited partners; D. The applicant or any other person who will be directly engaged in the management and operation of the place of massage establishment has not been convicted of disqualifying conduct, as defined by Section 5.90.010: 1. Has not done any act involving dishonesty,fraud or deceit with the intent to substantially benefit himself, herself, or another, or substantially injure another, or 2. Has not been convicted of any crime. A conviction shall mean a plea or verdict of guilty or conviction following a plea of nolo contendere,unless the conviction was so remote in time as to indicate that the applicant has been rehabilitated, or the applicant has presented evidence to the chief of police which shows to the satisfaction of the chief of police that the applicant has been rehabilitated, 3. The act or crime referred to in subsections Cl or C2 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; E. The correct permit fee has been tendered to the city and, in the case of a check or bank draft, honored with payment upon presentation; F. The applicant has not had a massage establishment or massagist's permit denied,revoked or suspended by the city, or any other state or local agency, within five years prior to the date of the application; G. The applicant, if an individual, or any of the officers, directors, and stockholders who own not less than ten percent of the stock of said corporation, if the applicant is a non-publicly traded corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not under the age of eighteen years. If the applicant is a non-publicly traded corporation,this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,this requirement applies to each of the partners, including limited partners. (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_160&frames=on 6/11/2009 5.90.010 Definitions. Page 1 of 3 Palm Desert Municipal Code Up Previous Next Main Search Print No Frames Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.90 MASSAGISTS PERMITS 5.90.010 Definitions. A. Applicant means the individual seeking a permit pursuant to this Chapter. B. Certified copy means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer. C. Certified statement means a written assertion,claim or declaration bearing the original signature of the issuer. D. Coachella Valley Model Massage Ordinance means the provisions of the ordinance codified in this chapter as adopted by this or any other jurisdiction within the Coachella Valley. E. Communicable disease means tuberculosis, or any disease,which may be transmitted from a massage therapist to a patron through normal physical contact during the performance of any massage service. F. Complete application means an application, which provides all of the requisite information required to be provided by an applicant pursuant to this chapter. G. Disqualifying conduct means any of the following when occurring within five years of any application made pursuant to this chapter: 1. Pandering as set forth in California Penal Code Section 266i; 2. Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315; 3. Keeping a house for the purpose of assignation or prostitution,or other disorderly house as set forth in California Penal Code Section 316; 4. Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318; 5. Lewd conduct as set forth in California Penal Code Section 647, subdivision(a); 6. Prostitution activities as set forth in California Penal Code Section 647, subdivision (b); 7. Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318 or 647, subdivisions(a)or(b); 8. Any felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; 9. Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; 10. Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist;or 11. Any felony the commission of which occurred on the premises of a massage therapy establishment. H. Filing date of application means the date on which the permit administrator determines that a complete application pursuant to this chapter has been submitted to the permit administrator by the applicant. I. Full nudity or semi-nudity means any of the following: (a)the appearance or display of an anus, male or female genital,pubic region or a female breast below a point immediately above the top of the areola, and/or(b) http://gcode.us/codes/palmdesert/view.php?topic=5-5_90-5_90_010&frames=on 6/11/2009 5.90.010 Definitions. Page 2 of 3 a state of undress which less than completely and opaquely covers an anus, male or female genital,pubic region or a female breast below a point immediately above the top of the areola. J. Manager means the individual(s)who is(are)responsible for the management and/or supervision of a massage therapy business. K. Massage or massage therapy means any method of pressure on, or friction against, or stroking, kneading,rubbing, tapping,pounding,vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as creams,ointments,or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefore. Massage and massage therapy includes such manipulation of the body or similar procedures described in this paragraph that are performed in hydrotherapy, spa or similar bath facilities. L. Massage therapy establishment means any establishment having a fixed place of business for the purpose of deriving income or compensation from massage therapy services, whether or not massage is performed on the premises. M. Massage therapist means an individual who,for any consideration whatsoever, performs or offers to perform a massage. N. Operator means any of the following: (a)the owner, (b)the permit holder and applicant(s)therefore, (c) custodian, (d) manager, or(e)person in charge of any massage therapy establishment. 0. Off-premises massage means a massage performed at a location that is not a massage therapy establishment for which a permit to operate as a massage therapy establishment has been granted by the city. P. Patron means any person who receives a massage in exchange for any form of consideration including, but not limited to,the payment of money. Q. Permit means the written license to engage in the practice of massage for compensation as required by the Coachella Valley Model Massage Ordinance. A reciprocal permit means a permit issued by this jurisdiction based solely on the fact the applicant holds a valid massage therapist permit issued by another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance. An original permit means a massage therapist permit issued by this jurisdiction without regard to whether or not applicant holds a massage therapist permit issued by another jurisdiction. R. Permit administrator means the designated official responsible for issuing,revoking and otherwise administering any provision of this chapter. S. Permittee means the person to whom a permit has been issued pursuant to the Coachella Valley Model Massage Ordinance and the applicants therefore. T. Person means any of the following: (a)an individual, (b)a proprietorship, (c)a partnership, (d) a corporation, (e)an association, (f) a limited liability company or(g)any other legal entity. U. Physicians certificate means a certified statement from a physician licensed to practice medicine in the United States that provides that the applicant has, within sixty days prior to the filing date of the application, been examined by said physician and it has been determined that the applicant is free of any communicable disease as defined in this chapter. V. Recognized school of massage means any school or educational institution licensed or approved by the state in which it is located, whose purpose it is to upgrade the professionalism of massage therapists and which teaches the theory, ethics,practice, profession or work of massage and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school. http://gcode.us/codes/palmdesert/view.php?topic=5-5_90-5_90_010&frames=on 6/11/2009 5.90.010 Definitions. Page 3 of 3 W. Specified anatomical area means human genitals,pubic region, anus or a female breast below a point immediately above the top of the areola. X. Specified sexual activities means any of the following: (a)the fondling or other erotic touching of human genitals, pubic region, anus or female breasts, (b)sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, masturbation or sodomy, or(c)excretory functions as part of or in connection with the fondling or other erotic touching of human genitals, pubic region,buttocks, anus or female breasts, sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy. (Ord. 993 § 4(part), 2002) 5.9().01() http://gcode.us/codes/palmdesert/view.php?topic=5-5_90-5_90_010&frames=on 6/11/2009 5.87.030 Permits. Page 1 of 1 Palm Desert Municipal Code Up Previous Next Main Search Print No Frames Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS Chapter 5.87 MASSAGE ESTABLISHMENT AND MASSAGISTS 5.87.030 Permits. A. Requirements. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on or upon any premises within the city, the business of a massage establishment, as defined in this chapter,without possessing a permit issued pursuant to the provisions of this chapter for each and every separate office or place of business conducted by the above.The permit fee required by this chapter shall be in addition to any other license, permit or fee required under any of the provisions of this code. B. Authorization. Neither the filing of an application for the permit,nor payment of any other license, permit or fee required under any other provision of this code shall authorize the engaging,conducting or carrying on of a massage establishment. C. Application Fee. The application fee for a massage establishment permit shall be five hundred dollars and shall be used to defray the cost of investigation and processing as set forth herein.The fee set forth in this section shall be in effect until the city council shall,by resolution,fix some other rate based upon a cost factor. D. Renewal of Permit. All permits shall expire one year from the date it is issued. Applications for renewal of a permit shall be made sixty days prior to the expiration date of the permit. The renewal application fee for a massage establishment permit shall be one hundred dollars. Said renewal application fees are nonrefundable and shall be used to defray the cost of investigation and processing said renewal applications.The fee set forth in this section shall be in effect until the city council shall,by resolution,fix some other rate based upon a cost factor. (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_030&frames=on 6/11/2009 06/12/2009 11:46 7603404650 SHAH MANAGEMENT PAGE 02/02 SHAH FAMILY TRUST Thursday,June 11,2.009 RECEIVED Attention Tony JUN 1 2 2009 Planning Department City of Palm Desert 73-510 Fred Waring Dr. 3OMMUNITY DEVELOPMENT DEPARTMENT Palm Desert,CA 92260 CITY OF PALM DESERT Re: 74-350 Alessandro Dr. Dear Tony: You have informed me that the planning department is going to have a meeting on Tuesday June 16th and you have put on the calendar to take away C.U.P.for Tranquility Massage in my building that I just purchased on May 15, 2009. As I understand it,there were some problems with the previous owner of Tranquility Massage. As I took over the building,I made sure that the previous owner was terminated from the lease and I have found a new owner who has signed a new lease for one(1)year. This new tenant has a business license in Palm Desert in the Palms to Pines Mall for the last 5 years and she does not have any problems at her health massage center. As this new owner has a good track record in the City of Palm Desert,she should be allowed to own Tranquility Massage and continue her business in East Palm Desert I understand we have C.U.P.for this location and it will be for a new owner,you should not take away the C.U.P. from massage center,as this is the only center in far East Palm Desert It is not prudent to punish new owner of Tranquility Massage as well as me. We just want the building completely leased. If Planning Commission revokes my C.U.P.for Alessandro Plaza I will be forced to file a lawsuit for loss of income and interference with legitimate business. I hope that Planning Commission will be responsible and continue to approve C.U.P.for massage center at Alessandro Plaza. if you have any further questions please don't hesitate to call me at(760)464-1531. Sincerely, ineL Suresh Shah Cc David Irwin,City Attorney,City of Palm Desert,CA. Via Facsimile to: All Planning Commission Members,760-340-0574 40-r30 MORNINGSTAR RI). *RANCHO MIRAGE, CA 92270*PH. (760)346-47$0*FAY(760)340-4650