HomeMy WebLinkAboutRes No 2504PLANNING COMMISSION RESOLUTION NO. 2504
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 2504
operated in an 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, Califomia, 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 the 16th day of June, 2009, by the following vote to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, LIMONT
NOES: NONE
ABSENT: TANNER
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPROVER AS TO FORM:
DAVI/r WIN, City Attorney
2
M. CONNOR LIMONT, Vice Chair