HomeMy WebLinkAboutRes No 2515PLANNING COMMISSION RESOLUTION NO. 2515
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT CUP
06-13 ALLOWING A MASSAGE THERAPY ESTABLISHMENT WITHIN AN
EXISITNG COMMERCIAL SUITE LOCATED AT 72-405 PARK VIEW DRIVE.
CASE NO. CUP 06-13
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on October
17, 2006 approve Conditional Use Permit 06-13 for a massage therapy establishment located at 72-
405 Park View Drive;
WHEREAS, on November 17, 2009, the Planning Commission of the City of Palm Desert,
California, did hold a duly noticed public hearing to consider the revocation of CUP 06-13 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 06-13:
1. 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."
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 April 2008 to October 2009 the Palm Desert Police Department received
anonymous reporting parties indicating that employees of the Park View Spa were
soliciting sex.
5. In August 2009 an anonymous tip was received through Crime Stoppers that
prostitution was occurring at Park View Spa.
PLANNING COMMISSION RESOLUTION NO. 2515
6. In October 2009, the Palm Desert Police Department's Special Enforcement Team was
provided information indicating that workers at Park View Spa may be engaging in off -
site prostitution activity.
7. In October 2009 during an inspection performed by a Palm Desert Code Enforcement
Officer on a code compliance check, it was noted that Park View Spa was out of
compliance on two issues regarding permits, and one concerning locked doors in the
establishment.
8. In October 2009 members of the Palm Desert Police Department's Special
Enforcement Team conducted an undercover operation. During the operation, the
undercover officer was solicited for illicit sexual acts and an arrest was made for
prostitution.
9. 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 06-13 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission held on 17t" day of November, 2009, by the following vote to wit:
AYES: CAMPBELL, DeLUNA, LIMONT, SCHMIDT, TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPRO D £ S TO FORM:
DAVID J IN, City Attorney
VAN G. TANNER, Chairperson