HomeMy WebLinkAboutRes No 2522PLANNING COMMISSION RESOLUTION NO. 2522
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, REVOKING EXISTING CONDITIONAL USE PERMIT CUP 08-108
ALLOWING A MASSAGE THERAPY ESTABLISHMENT WITHIN AN EXISITNG
COMMERCIAL SUITE LOCATED AT 72-655 HIGHWAY 111, SUITE B-7.
CASE NO. CUP 08-108
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on April 1, 2008,
approve Conditional Use Permit 08-108 for Anna's Health System a massage therapy establishment
located at 72-655 Highway 111, Suite B-7;
WHEREAS, on March 16, 2010, the Planning Commission of the City of Palm Desert, California,
did hold a duly noticed public hearing to consider the revocation of CUP 08-108 because of violation of the
Palm Desert Municipal Code Sections 5.90.150 and 25.72.130 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 08-108:
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. In December 2008, a Palm Desert City Council member reported to the Police Department
that a citizen had been solicited at Anna's Health System. The citizen indicated that he had
gone to the location for a massage and the therapist had solicited an illegal sexual act. The
citizen declined the solicitation and reported the incident to the Council member.
5. In October 2009, members of the Palm Desert Special Enforcement Team assisted Code
Enforcement with a monthly compliance check at various massage establishments. Anna's
Health System was found to be out of compliance with regard to their daily log.
PLANNING COMMISSION RESOLUTION NO. 2522
6. In November 2009, members of the Palm Desert Special Enforcement team conducted an
undercover operation at Anna's Health System involving two separate officers. During the
first officer's massage the undercover officer's genitals were fondled by the massage
therapist. Negotiations for additional sexual activity were initiated. The therapist left the
room for a short time, but upon returning declined any further negotiations. A second
undercover officer was sent into the location, but no inappropriate behavior or solicitation
occurred.
7. In February 2010, members of the Palm Desert Special Enforcement Team assisted Code
Enforcement with a monthly compliance check at various massage establishments. Anna's
Health System was found to be out of compliance with regard to their daily log.
8. In February 2010, members of the Palm Desert Special Enforcement Team conducted an
undercover operation at Anna's Health System. During the operation, the undercover
officer was solicited for illicit sexual acts in the middle of his massage and an arrest was
made for prostitution.
9. The massage establishment has failed to comply with the provisions of the municipal code,
as required by P.D.M.C. 25.72.130.
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 08-108 is hereby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission held on 16th day of March, 2010, by the following vote to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER, LIMONT
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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M. CONNOR LIMONT, Chairperson