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Home My WebLink AboutB. Case No. CUP 08-108 Revocation - 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 Anna's Health System, a massage therapy establishment within an existing commercial suite located at 72-655 Highway 111, Suite B-7. Case No. CUP 08-108. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANTS: Chun Hua Deng 45-775 Ocotillo Drive, #12 Palm Desert, CA 92260 Todd Hill 20 Mission Court Rancho Mirage, CA 92270 PROPERTY Shelter Bay Retail Group OWNER: 32-605 Temecula Parkway, Suite #204 Temecula, CA 92592 CASE NO: CUP 08-108 DATE: March 16, 2010 ATTACHMENTS: Resolution Legal Notice Revocation Letter from Best Best & Krieger dated 2 March 2010 Summary of Police Activity dated 2 March 2010 Recommendation Staff recommends that the Planning Commission adopt the findings and Resolution No. revoking CUP 08-108 for Anna's Health System, a massage therapy establishment located at 72-655 Highway 111, Suite B-7, for noncompliance with Section 25.72.130 of the Palm Desert Municipal Code, by failing to comply with applicable provisions of the Palm Desert Municipal Code. Staff Report Revocation of CUP 08-108 March 16, 2010 Page 2 of 3 Discussion On April 1, 2008, the Planning Commission approved Resolution No. 2470, which allowed Anna's Health System to operate within an existing commercial 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. In December 2008, a Palm Desert City Council member reported to the Police Department that a citizen had been solicited at Anna's Health System. The citizen indicated that he had gone to the location for a massage and the therapist had solicited an illegal sexual act. The citizen declined the solicitation and reported the incident to the Council member. In October 2009, members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check at various massage establishments. Anna's Health System was found to be out of compliance with regard to their daily log. In November 2009 members of the Palm Desert Special Enforcement Team conducted an undercover operation at Anna's Health System involving two separate officers. During the first officer's massage, the undercover officer's genitals were fondled by the massage therapist. Negotiations for additional sexual activity were initiated. The therapist left the room for a short time, but upon returning declined any further negotiations. A second undercover officer was sent into the location, but no inappropriate behavior or solicitation occurred. In February 2010 members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check at various massage establishments. Anna's Health System was again found to be out of compliance with regard to their daily log. Also, in February 2010 members of the Palm Desert Special Enforcement Team conducted an undercover operation at Anna's Health System. During the operation, the undercover officer was solicited for illicit sexual acts in the middle of his massage, and an arrest was made for prostitution. Attached is a summary of the activity that was provided by the Palm Desert Police Department dated 2, March 2010. 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 Anna's Health System, as the business has repeatedly failed to comply with all applicable laws. Section 25.72.130 of the Palm Desert Municipal Code provides for revocation of a Conditional Use Permit by the Planning Commission upon receiving satisfactory evidence that the permittee 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. The findings to justify the revocation of CUP 08-108 can be found in the attached resolution. Following the revocation of a Conditional Use Permit, no new G\Planning\Kevin Swartz\Word\Health Systems\revoking CUP 08-108 Health Systems.doc Staff Report Revocation of CUP 08-108 March 16, 2010 Page 3 of 3 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. Conclusion Staff recommends that the Planning Commission revoke CUP 08-108 for Anna's Health System, a massage therapy establishment, for noncompliance with the Palm Desert Municipal Code, due to recent arrest of an employee at the establishment for soliciting prostitution and due to miscellaneous code violations cited above per the Palm Desert Police and Code Enforcement Departments. Submitted By: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director Community Development G:\PLmning\Kevin Swartz\Word\Health Systerns\revoking CUP 08-108 Health Systems.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,CALIFORNIA,REVOKING EXISTING CONDITIONAL USE PERMIT CUP 08-108 ALLOWING A MASSAGE THERAPY ESTABLISHMENT WITHIN AN EXISITNG COMMERCIAL SUITE LOCATED AT 72-655 HIGHWAY 111,SUITE B-7. CASE NO. CUP 08-108 WHEREAS,the Planning Commission of the City of Palm Desert, California, did on April 1,2008, approve Conditional Use Permit 08-108 for Anna's Health System a massage therapy establishment located at 72-655 Highway 111, Suite B-7; WHEREAS, on March 16, 2010, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed public hearing to consider the revocation of CUP 08-108 because of violation of the Palm Desert Municipal Code Sections 5.90.150 and 25.72.130 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 08-108: 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. In December 2008,a Palm Desert City Council member reported to the Police Department that a citizen had been solicited at Anna's Health System.The citizen indicated that he had gone to the location for a massage and the therapist had solicited an illegal sexual act.The citizen declined the solicitation and reported the incident to the Council member. 5. In October 2009, members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check at various massage establishments.Anna's Health System was found to be out of compliance with regard to their daily log. PLANNING COMMISSION RESOLUTION NO. 6. In November 2009, members of the Palm Desert Special Enforcement team conducted an undercover operation at Anna's Health System involving two separate officers. During the first officer's massage the undercover officer's genitals were fondled by the massage therapist. Negotiations for additional sexual activity were initiated. The therapist left the room for a short time, but upon returning declined any further negotiations. A second undercover officer was sent into the location, but no inappropriate behavior or solicitation occurred. 7. In February 2010, members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check at various massage establishments.Anna's Health System was found to be out of compliance with regard to their daily log. 8. In February 2010, members of the Palm Desert Special Enforcement Team conducted an undercover operation at Anna's Health System. During the operation, the undercover officer was solicited for illicit sexual acts in the middle of his massage and an arrest was made for prostitution. 9. The massage establishment has failed to comply with the provisions of the municipal code, as required by P.D.M.C. 25.72.130. 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 08-108 is hereby revoked. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on 16th day of March, 2010, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: M. CONNOR LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission • CITY Of P -- 1. 1i CE5Ef 4, ,t 73-510 FRLI)WA.IAG Dkirt. PAI.:ti1 Dfsift',(Al.IN RSIA y2260-2;78 R`jr.... TEL:760 346-0611 t' rAX:760 341r-70y8 R�...- nIbar palnrdc+rn.urE CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 08-108 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 the Palms to Pines west shopping mall. The property is located at 72-655 Highway 111, Suite B-7. ; I, I I I I L1 t—L_J I-1 4 iiii■ ii\ RANCHO GRANDE r;i~-~� HAHN RD / \ MW 'm u lir p' Y Wa, _ ( LHWAYlllL, _,.,__...... m A r/ im ems ` ��,�'x ti m 9 S �' 70 ' CL_i Ors ,--, z ' EL PASEO_'El_PASEO'—w --- IPa. -___.,_- y 'I' U `9c�c�1 9 mm0 <m -gsC : .x L� tl n u 11I11111ikiiiii �i` mm !f' • \ e & 0 06as yq + crQ 1 Tq y 0ma, % 4 LT:' 411* 11011411141111 S. BEAVERTAIL S7 �cY T r HEDGEHOG *e+e, ,-k /'�'� Q. CHELSEA C/R .off A'O Nq 1 Cr O ;io eTve Layer: CityParcela SAID public hearing will be held on Tuesday, March 16, 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 March 3, 2010 Palm Desert Planning Commission BEST BEST & KRIEGER ATTORNEYS ATLAW. IRVINE SACRAMENTO (949)263-2600 74-760 Highway 111,Suite 200 (916)325-4000 Indian Wells,California 92210 LOS ANGELES (760)568 2611 SAN DIEGO (213)617-81 W (619)525-1300 (760)340-6698 Fax _ ONTARIO BBKIaw.COm WALNUT CREEK (909)989-8584 (925)977 3300 RIVERSIDE (951)686-1450 Stacey P.Shalhoub (760)568-2611 Stacey.Shalhoub®bbklaw.com File No. 72500.00762 March 2, 2010 By CERTIFIED MAIL By CERTIFIED MAIL RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED Chun Hua Deng Todd Hill 45-775 Ocotillo Drive, #12 20 Mission Court Palm Desert, CA 92260 Rancho Mirage, CA 92270 Re: NOTICE OF REVOCATION OF MASSAGE ESTABLISHMENT PERMIT FOR HEALTH SYSTEM; PERMIT NO.: 07-45634 Dear Ms. Deng and Mr. Hill: On behalf of the Palm Desert City Manager and the Permit Administrator, please be advised that effective immediately, the Massage Establishment Permit for Health System, known commercially and referred to hereinafter as "Anna's Health System", is hereby revoked for noncompliance with the Palm Desert Municipal Code ("the Code" or "P.D.M.C."), due to the recent arrest of an employee at the establishment for soliciting prostitution. Findings and Basis for Revocation. On February 26, 2010, during the course of an undercover operation by the Palm Desert Special Enforcement Team, an officer was solicited for illicit sexual acts by a massage therapist at Anna's Health System. The employee was arrested for prostitution. The foregoing is grounds for revocation of the Massage Establishment Permit for Anna's Health System, as the premises for which the establishment permit was issued was being operated in an illegal or disorderly manner, by virtue of the arrest, in violation of P.D.M.C. §5.87.180(B)(4). Process for Written Appeal. You may appeal this revocation by tiling 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 Ms. Deng and Mr. Hill March 2, 2010 Page 2 Enclosed herewith for your further reference are the applicable P.D.M.C. Sections included in Chapter 5.87. Sincerely, 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. RMLIl1SSHALHOUB\314040.I PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sheriffs Department Stanley Sniff, Sheriff- Coroner TO: John Wohlmuth, City Manager DATE: March 2, 2010 Lauri Aylaian, Director of Community Development FROM: Lieutenant Andrew Shouse SUBJECT: Anna's Health System—Summary of Activity SUMMARY OF ACTIVITY The following is a summary of reports of alleged prostitution activity occurring at Anna's Health System since December 2008: • December 2008 —The City of Palm Desert issued a massage establishment permit for Anna's Health System under its current ownership. • December 2008 — A Palm Desert City Council member reported to the Police Department that a citizen had been solicited at Anna's Health System. The citizen indicated that he had gone to the location for a massage and the therapist had solicited an illegal sexual act. The citizen declined the solicitation and reported the incident to the Council member. • August 2009 — Members of the Palm Desert Special Enforcement Team conducted an undercover operation at Anna's Health System. During the operation, the undercover officer was not solicited for illicit acts (File #T092390162). • October 2009 —Members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check at various massage establishments. Anna's Health System was found to be out of compliance with regard to their daily log. • November 2009 — Members of the Palm Desert Special Enforcement team conducted an undercover operation at Anna's Health System involving two separate officers. During the first officer's massage the undercover officer's genitals were fondled by the massage therapist. Negotiations for additional sexual activity were initiated. The therapist left the room for a short time, but upon returning declined any further negotiations. A second undercover officer was sent into the location, but no inappropriate behavior or solicitation occurred. It should be noted that this operation was being conducted at the same time as arrests were being made at a massage establishment in the City of La Quinta. (File #T093140136). 1 • November 2009 — Members of the Palm Desert Special Enforcement Team conducted an undercover operation at Anna's Health System. During the operation, the undercover officer was not solicited for illicit acts. (File #T093220082). • January 2010 — Members of the Palm Desert Special Enforcement Team conducted an undercover operation at Anna's Health System. During the operation, the undercover officer was not touched inappropriately by his therapist and no solicitation occurred. (File#T100050127). • February 2010—Members of the Palm Desert Special Enforcement Team assisted Code Enforcement with a monthly compliance check at various massage establishments. Anna's Health System was found to be out of compliance with regard to their daily log. • February 2010 — Members of the Palm Desert Special Enforcement Team conducted an undercover operation at Anna's Health System. During the operation, the undercover officer was solicited for illicit sexual acts in the middle of his massage and an arrest was made for prostitution(File#T100570029). 2