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Home My WebLink AboutB. Case No. CUP 08-433 - City of Palm Desert Revocation 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 office suite located at 72-855 Fred Waring Drive, Suite C-16. Case No. CUP 08-433. SUBMITTED BY: Kevin Swartz, Assistant Planner APPLICANT: City of Palm Desert BUSINESS Lawrence M. Andrews OWNER: 13433 E. Valley Blvd. Industry, CA 91746 PROPERTY Haven Management OWNER: 41-700 Corporate Way#D Palm Desert, CA 92260 CASE NO. CUP 08-433 DATE: January 19, 2010 I. EXECUTIVE SUMMARY: Approval of staff's recommendation would revoke an existing Conditional Use Permit for AC Massage Therapy located at 72-855 Fred Waring Drive, Suite C-16 for noncompliance with the Palm Desert Municipal Code. II. BACKGROUND/ANALYSIS: On December 16, 2008, the Planning Commission approved Resolution No. 2423, which allowed AC Massage Therapy to operate within an existing office suite. 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 March 2009 to December 2009 the Palm Desert Police Department received anonymous reports from parties indicating that employees of AC Massage were soliciting sex. In May 2009 the Palm Desert Police Special Enforcement Team received second hand information regarding suspicious activity at AC Massage. One of the businesses near AC Massage reported that there was an unusual number of male patrons visiting the location at late hours in the evening. In May 2009 a routine compliance check performed by Code Enforcement revealed that AC Massage was in violation of several municipal codes by not having the Staff Report CUP 08-433 January 19, 2010 Page 2 of 2 business name displayed on the exterior of the business, and by not having their hours of operation posted. In December 2009, members of the Palm Desert Special Enforcement Team received information from a citizen regarding suspicious activity at AC Massage. The citizen was told not to go to AC Massage by the owners of a business located near the massage parlor. The neighboring business owners told the citizen that they had observed activity at the location indicating that prostitution might be occurring inside. As a follow up to the citizen complaint in December 2009, members of the Palm Desert Police Special Enforcement Team conducted an undercover operation at AC Massage. 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 by the Palm Desert Police Department on dated December 21, 2009. The massage establishment fails to comply with all of the provisions of the municipal code, as defined by P.D.M.C. 5.90.170. Per Palm Desert Municipal Code section 5.87.180(A) and section 5.87.180(B) (4), the forgoing constitutes grounds for revocation of the Massage Establishment Permit for AC Massage Therapy, as the business has repeatedly failed to comply with all applicable laws. The findings to justify the revocation of CUP 08-433 can be found in the attached resolution. Following the revocation of a Conditional Use Permit, no new application for the same or substantially the same conditional use on the same site can be filed within a one year period from the date of revocation. III. RECOMMENDATION: Staff recommends that the Planning Commission adopt the findings and Planning Commission Resolution No. revoking CUP 08-433. IV. ATTACHMENTS: A. Draft Resolution B. Legal Notice C. Summary of Activity dated December 21, 2009 provided by the Palm Desert Police Department Submitted by: Department Head: ()6, Kevin Swartz, Assistant Planner Lauri Aylaian Director of Community Development G:\Planning\Kevin Swartz\Word\AC Massage\revoking CUP 08-433,AC massage.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT CUP 08-433 ALLOWING A MASSAGE THERAPY ESTABLISHMENT WITHIN AN EXISITNG OFFICE SUITE LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16. CASE NO. CUP 08-433 WHEREAS,the Planning Commission of the City of Palm Desert,California,did on December 16, 2008 approve Conditional Use Permit 08-433 for a massage therapy establishment located at 72-855 Fred Waring Drive, Suite C-16; WHEREAS,on January 19,2010,the Planning Commission of the City of Palm Desert,California, did hold a duly noticed public hearing to consider the revocation of CUP 08-433 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 08-433: 1. Palm Desert Municipal Code§25.72.130 provides that the Conditional Use Permit may be revoked if the permittee: a. 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; b. 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 March 2009 to December 2009 the Palm Desert Police Department received anonymous reporting parties indicating that employees of AC Massage Therapy were soliciting sex. 5. In May 2009, the Palm Desert Police Special Enforcement Team received second hand information regarding suspicious activity at AC Massage. One of the businesses near AC Massage reported that there was an unusual amount of male patrons visiting the location at late hours in the evening. PLANNING COMMISSION RESOLUTION NO. 6. In May 2009, a compliance check with Code Enforcement revealed that AC Massage was in violation of several municipal codes by not having the business name displayed on the exterior of the business and by not having their hours of operation posted. 7. In October 2009, members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check of massage establishments. AC Massage was out of compliance with municipal codes regarding to their daily sign-in log. Code Enforcement noted the violation, but did not issue a citation. 8. In December 2009, members of the Palm Desert Special Enforcement Team received information from a citizen regarding suspicious activity at AC Massage. The citizen said that he/she was told not to go to AC Massage by the owners of a business located near the massage establishments. The neighboring business owners told the citizen that they had observed activity at the location indicating that prostitution might be occurring inside. 9. In December 2009, members of the Palm Desert Police Special Enforcement Team conducted an undercover operation at AC Massage. During the operation the undercover officer was solicited for illicit sexual acts and an arrest was made for prostitution. 10. 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 08-433 is hereby revoked. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on 19th day of January, 2010, 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 • •^' wit.Grp _ 73-510 FRED WARING DRIVE 1 PALM DESERT,CALIFORNIA 91L60-1576 Pa» i* I TEL:760 346-0611 t4,4 FAX:760 341-7098 ma '................. info@palm-desett.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 08-433 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 office suite. The property is located at 72-855 Fred Waring Drive, Suite C-16. VrS 7 I-BONIT nit HENAEE7 � O 2 O Y � ...,,..._.._.__.._.,.—..�.._.._a,.._ r.. FRED WARING DR.."'""._..•'"....Z""`.FRED WARING DR— � Lf C MEW SEMI __ _ SONORA DR mo_ / SIERRA VISTA •� TAMPICO OR == RANCHO GRANDE t —HAHN RD nottve i a1y+Jr Gttquroa _ _ SAID public hearing will be held on Tuesday, January 19, 2010 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 January 8, 2010 Palm Desert Planning Commission PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sheriffs Department , .E,0 . Stanley Sniff, Sheriff- Coroner TO: John Wohlmuth, City Manager DATE: December 21, 2009 Lauri Aylaian, Director of Community Development FROM: Lieutenant Andrew Shouse SUBJECT: AC Massage—Summary of Activity SUMMARY OF ACTIVITY The following is a summary of reports of alleged prostitution activity occurring at AC Massage since March 2009: • March 2009 — The City of Palm Desert issued AC Massage a Massage Establishment Permit. • May 2009 — The Palm Desert Police Special Enforcement Team received second hand information regarding suspicious activity at AC Massage. One of the businesses near AC Massage reported that there was an unusual amount of male patrons visiting the location at late hours in the evening. • May 2009 — A compliance check with Code Enforcement revealed that AC Massage was in violation of several municipal codes by not having the business name displayed on the exterior of the business and by not having their hours of operation posted. • October 2009 — Members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check of massage establishments. AC Massage was out of compliance with municipal codes regarding to their daily sign-in log. Code Enforcement noted the violation,but did not issue a citation. • December 2009 — Members of the Palm Desert Special Enforcement Team received information from a citizen regarding suspicious activity at AC Massage. The citizen said that he/she was told not to go to AC Massage by the owners of a business located near the massage parlor. The neighboring business owners told the citizen that they had observed activity at the location indicating that prostitution might be occurring inside (File#T093440074). • December 2009—Members of the Palm Desert Police Special Enforcement Team conducted an undercover operation at AC Massage. During the operation the undercover officer was solicited for illicit sexual acts and an arrest was made for prostitution(File#T093530037). 1