HomeMy WebLinkAboutRes No 2513PLANNING COMMISSION RESOLUTION NO. 2513
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT 07-
03 ALLOWING A MASSAGE THERAPY ESTABLISHMENT IN A 928 SQUARE
FOOT RETAIL SUITE LOCATED AT 73-891 HIGHWAY 111.
CASE NO. CUP 07-03
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on February 6,
2007, approve Conditional Use Permit 07-03 for a massage therapy establishment located at 73-891
Highway 111;
WHEREAS, on October 6, 2009, the Planning Commission of the City of Palm Desert,
California, did hold a duly noticed public hearing to consider the revocation of CUP 07-03 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, of all persons desiring to be heard, said Planning Commission did
find the following facts and reasons to exist to justify the revocation of CUP 07-03:
1. Conditions of Approval of CUP 07-03 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 August 12, 2009, a notice of revocation of massage establishment permit to operate
at the premises was issued to Jeon Suyong. The permit was revoked due to the results
of the City's massage establishment inspections and issuance of various citations to
unlicensed individuals performing or offering to perform services at the establishment
without the proper licensing and noncompliance per sections 5.87.180(A) and
5.90.020(A) of the Palm Desert Municipal Code (PDMC).
4. On October 21, 2008, December 18, 2008, March 11, 2009, May 1, 2009, June 9, 2009
and August 5, 2009, the City conducted inspections at Ty Spa and found staff present
and conducting business, without a massage establishment permit. PDMC 5.87.030
prohibits operating a massage establishment without a license.
PLANNING COMMISSION RESOLUTION NO. 2513
5. Therefore, Ty Spa has operated, and continues to operate, at the premises in violation
of the conditions of approval for CUP 07-03 and the Palm Desert Municipal 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 07-03 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission held on 6th day of October, 2009, by the following vote to wit:
AYES: CAMPBELL, DELUNA, LIMONT, TANNER
NOES: NONE
ABSENT: SCHMIDT
ABSTAIN: NONE
VAN G.
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPRO - D AS TO FORM:
DAVID J WIN, City Attorney
f �7
ANNER, Chairperson
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