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Home My WebLink AboutA. CUP 06-13 Revocation - City of Palm Desert CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Revocation of an existing Conditional Use Permit (CUP) for a massage therapy establishment within an existing commercial suite located at 72-405 Park View Drive. Case No. CUP 06-13 SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: City of Palm Desert BUSINESS Miao Zhuang OWNER: 9468 Glenaire Court Rancho Cucamonga, CA 91730 AiLin Yu 83348 Calypso Circle Indio, CA 92201 PROPERTY Dr. Corina Morrison OWNER: 72-405 Park View Drive Palm Desert, CA 92260 CASE NO. CUP 06-13 DATE: November 17, 2009 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would revoke an existing Conditional Use Permit for a massage therapy establishment within an existing commercial suite located at 72-405 Park View Drive. II. BACKGROUND/ANALYSIS: On October 17, 2006, the Planning Commission approved Resolution No. 2423, which allowed AiLin Yu and Miao Zhuang to operate a massage establishment. As a part of the City's ongoing monitoring of massage establishments, the Police and Code Enforcement Departments routinely performed inspections at this location, along with undercover operations. From April 2008 to October 2009 the Palm Desert Police Department received anonymous reporting parties indicating that employees of the Park View Spa were soliciting sex. In August 2009 an anonymous tip was received through Crime Stoppers that prostitution was Staff Report CUP 06-13 November 17, 2009 Page 2 of 2 occurring at Park View Spa. In October 2009, the Palm Desert Police Department's Special Enforcement Team was provided information indicating that workers at Park View Spa may be engaging in off-site prostitution activity. Also, in October 2009 during an inspection performed by a Palm Desert Code Enforcement Officer on a code compliance check, it was noted that Park View Spa was out of compliance on two issues regarding permits, and one concerning locked doors in the establishment. Again in October 2009 members of the Palm Desert Police Department's Special Enforcement Team conducted an undercover operation. During the operation, the undercover officer was solicited for illicit sexual acts and an arrest was made for prostitution. Attached is a summary of the activity that was provided to the Planning Department dated October 26, 2009 by the Palm Desert Police Department. The massage establishment fails to comply with all of the provisions of this chapter, as defined by P.D.M.C. 5.90.170. Per Palm Desert Municipal Code section 5.87.180(A), the forgoing constitutes grounds for revocation of the Massage Establishment Permit for Park View Spa, as has repeatedly failed to comply with all applicable laws. The findings to justify the revocation of CUP 06-13 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 06-13. IV. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Summary of Activity dated November 3, 2009 provided by the Palm Desert Police Department Submitted by: Department Head: )(('4. 4tr Kevin Swartz, Assistant Planner Lauri Aylaian Director of Community Development G:\Planning\Kevin Swartz\Word\Park View Spa\revoking CUP 06-13 park view.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT CUP 06-13 ALLOWING A MASSAGE THERAPY ESTABLISHMENT WITHIN AN EXISITNG COMMERCIAL SUITE LOCATED AT 72-405 PARK VIEW DRIVE. CASE NO. CUP 06-13 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on October 17, 2006 approve Conditional Use Permit 06-13 for a massage therapy establishment located at 72- 405 Park View Drive; WHEREAS, on November 17, 2009, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed public hearing to consider the revocation of CUP 06-13 because of illegal activity on premises, i.e. solicitation for sex, and violation of the Palm Desert Municipal Code 5.90.150(C) and 5.87.100(B) and California State law; 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 06-13: 1. 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." 2. Palm Desert Municipal Code § 5.90.150(C) provides: It is unlawful for any massage therapist, any patron, or any other person present where massage therapy services are being offered or performed, to engage in any specified sexual activities. 3. Palm Desert Municipal Code section 5.87.100(B) provides: It is unlawful for any person owning, operating, or managing a massage establishment knowingly to cause, allow, or permit in or about such massage establishment any agent, employee or any other person under his control or supervision to permit acts in violation of Chapter 5.90, including, specifically, Section 5.90.140 (Therapists dress and identification) and Section 5.90.150 (Other prohibited activities). 4. From April 2008 to October 2009 the Palm Desert Police Department received anonymous reporting parties indicating that employees of the Park View Spa were soliciting sex. 5. In August 2009 an anonymous tip was received through Crime Stoppers that prostitution was occurring at Park View Spa. PLANNING COMMISSION RESOLUTION NO. 6. In October 2009,the Palm Desert Police Department's Special Enforcement Team was provided information indicating that workers at Park View Spa may be engaging in off- site prostitution activity. 7. In October 2009 during an inspection performed by a Palm Desert Code Enforcement Officer on a code compliance check, it was noted that Park View Spa was out of compliance on two issues regarding permits, and one concerning locked doors in the establishment. 8. In October 2009 members of the Palm Desert Police Department's Special Enforcement Team conducted an undercover operation. During the operation, the undercover officer was solicited for illicit sexual acts and an arrest was made for prostitution. 9. The massage establishment is in violation of failure to comply with any of the provisions of this chapter, as defined by P.D.M.C. 5.90.170. 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 06-13 is hereby revoked. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on 17th day of November, 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 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 06-13 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 an existing commercial suite. The property is located at 72-405 Park View Drive. ,. t a ,er [\�/ PARK VIE WDR PARK VIEW DR:<• _�- 4 - - CHOLLA DR. r CI a Q .5.. < �,. 4z ia CACTUS OR 1-1] 1 ie ...g t\,. \ BRflSHODWI'� .DR p AIANZANITA DR— 'S- c 04j,,,,_.'FRED WARING DR"— ".:s. FRED WAR WO•R 9 7 e Z ..ate. „,„ , ,;,,,L, am 5....w .... xx ow,..;,-,...,a` { v#j'.f v P ...Y.ki awl.1' SAID public hearing will be held on Tuesday, November 17, 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 at,or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary November 6,2009 Palm Desert Planning Commission PALM DESERT POLICE DEPARTMENT 4 ` Served by the Riverside County Sheriffs Department �� Stanley Sniff, Sheriff- Coroner TO: John Wohlmuth, City Manager DATE: November 3, 2009 Lauri Aylaian, Director of Community Development FROM: Lieutenant Andrew Shouse SUBJECT: Park View Spa—Summary of Activity SUMMARY OF ACTIVITY The following is a summary of reports of alleged prostitution activity occurring at Park View Spa since April 2008: • April 2008—A citizen called to report that he was solicited for sex at the conclusion of a massage at Park View Spa(File#T081130023). • April 2008 — Officers handled a call of possible solicitation of prostitution occurring at Park View Spa. A nearby business reported that one of their clients received a solicitation to engage in sexual intercourse following a massage at Park View Spa (File #T081190068). • July 2008 — An anonymous reporting party called to report that there was possibly prostitution occurring at Park View Spa(File #T081850064). • August 2008—Officers responded to a call of employees "selling sex" at Park View Spa (File# T082400101). • February 2009—Officers spoke to an anonymous male who reported that he was offered "anything" for two hundred dollars following his massage at Park View Spa. The male further explained that a female employee at the location offered to have sex with him (File#T090370024). • July 2009 — Members of the Palm Desert Police Department's Special Enforcement Team received an anonymous letter indicating sexual activity and prostitution was occurring at Park View Spa(File#T092100103). • August 2009 — An anonymous "tip" was received through Crime Stoppers indicating prostitution was occurring at Park View Spa. • October 2009—While speaking with workers at businesses surrounding Park View Spa, a member of the Palm Desert Police Department's Special Enforcement Team was 1 provided information indicating that workers at park View Spa may be engaging in off site prostitution activity(File#T092790081). • October 2009 — Members of the Palm Desert Police Department's Special Enforcement Team accompanied Palm Desert Code Enforcement Officers on a code compliance check at Park View Spa. During this inspection, it was noted that Park View Spa was out of compliance on two issues regarding permits and one issue concerning locked doors in the establishment. • October 2009 — The Palm Desert Special Enforcement Team received a letter from an anonymous person who shared information found on the internet site www.eroticmp.com. The author stated that this website rates illegal services provided by massage parlors around the country. Park View Spa was listed on this website, and had three "reviews"written by alleged subscribers to the site. The letter included copies of all three reviews which were said to be posted during September & October 2009. The "reviews" contained ratings of illicit activities available at the location and detailed the services provided to them from employees at Park View Spa(File #T093040035). • October 2009 — Members of the Palm Desert Special Enforcement Team conducted an undercover operation at Park View Spa. During the operation, the undercover officer was solicited for illicit sexual acts and an arrest was made for prostitution (File # T093020086). 2