HomeMy WebLinkAboutRes No 2505PLANNING COMMISSION RESOLUTION NO. 2505
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 SQUARE FOOT
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, California, did on February
6, 2007, approve Conditional Use Permit 07-02 for a massage therapy establishment located at 74-
350 Alessandro Drive, Suite 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 of the City of Palm Desert, California,
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
license and PDMC 5.87.030 requires existing applications to be renewed prior to their
expiration or they will be inactivated.
PLANNING COMMISSION RESOLUTION NO. 2505
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: DELUNA, SCHMIDT, LIMONT
NOES: CAMPBELL
ABSENT: TANNER
ABSTAIN: NONE
ATTEST:
`.;.
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPROVED AS TO FORM:
DAVID J ERWIN, City Attorney
qCONNOR LIMONT, Vice Chair
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