HomeMy WebLinkAboutRes No 2517PLANNING COMMISSION RESOLUTION NO. 2517
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT CUP 08-433
ALLOWING A MASSAGE THERAPY ESTABLISHMENT WITHIN AN EXISITNG OFFICE
SUITE LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16.
CASE NO. CUP 08-433
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on December 16,
2008, approve Conditional Use Permit 08-433 for a massage therapy establishment located at 72-855
Fred Waring Drive, Suite C-16;
WHEREAS, on January 19, 2010, the Planning Commission of the City of Palm Desert, California,
did hold a duly noticed public hearing to consider the revocation of CUP 08-433 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 08-433:
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. From March 2009 to December 2009 the Palm Desert Police Department received
anonymous reporting parties indicating that employees of AC Massage Therapy were
soliciting sex.
5. In May 2009, the Palm Desert Police Special Enforcement Team received second hand
information regarding suspicious activity at AC Massage. One of the businesses near AC
Massage reported that there was an unusual amount of male patrons visiting the location
at late hours in the evening.
PLANNING COMMISSION RESOLUTION NO. 2517
6. In May 2009, a compliance check with Code Enforcement revealed that AC Massage
was in violation of several municipal codes by not having the business name displayed
on the exterior of the business and by not having their hours of operation posted.
7. In October 2009, members of the Palm Desert Special Enforcement Team assisted
Code Enforcement with a monthly compliance check of massage establishments. AC
Massage was out of compliance with municipal codes regarding to their daily sign -in
log. Code Enforcement noted the violation, but did not issue a citation.
8. In December 2009, members of the Palm Desert Special Enforcement Team received
information from a citizen regarding suspicious activity at AC Massage. The citizen said
that he/she was told not to go to AC Massage by the owners of a business located near
the massage establishments. The neighboring business owners told the citizen that they
had observed activity at the location indicating that prostitution might be occurring inside.
9. In December 2009, members of the Palm Desert Police Special Enforcement Team
conducted an undercover operation at AC Massage. During the operation the
undercover officer was solicited for illicit sexual acts and an arrest was made for
prostitution.
10. 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 08-433 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission held on 19th day of January, 2010, by the following vote to wit:
AYES: CAMPBELL, DELUNA, LIMONT, SCHMIDT, TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Plannin• Commission
A' ' ROV FORM:
RWI , i A , ney
VAN G. TANNER, Chairperson