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HomeMy WebLinkAboutRes No 2532PLANNING COMMISSION RESOLUTION NO. 2532 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 EXISTING OFFICE SUITE LOCATED AT 72-855 FRED WARING DRIVE, SUITE C-16. CASE NO. CUP 08-433. WHEREAS, on August 3, 2010, the Planning Commission of the City of Palm Desert, California, did hold a duly noticed public hearing to consider the revocation of Conditional Use Permit 08-433 because of illegal activity on premises and violation of the Palm Desert Municipal Code Section 25.72.130 and Section 5.90.150; and WHEREAS, the Planning Commission of the City f 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; and WHEREAS, on April 28, 2010, an appeal by the applicant for revocation of CUP 08-433 was heard and reviewed by a Hearing Officer, and on May 5, 2010, the Hearing Officer recommended that the CUP for AC Massage be permanently revoked; and WHEREAS, at said public hearing on August 3, 2010, upon hearing and considering all testimony, documentary evidence, and arguments, if any, about which the persons desiring to be heard, including the Report of the Hearing Officer the Planning Commission, determined that 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; and 2. The Report of the Hearing Officer is approved and adopted in full. 3. That Conditional Use Permit 08-433 is hereby revoked. PLANNING COMMISSION RESOLUTION NO. 2532 PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission held on 3rd day of August, 2010, by the following vote to wit: AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER AND LIMONT NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary- -�- Palm Desert Planning Commission APPROVED AS TO FORM: DAVID J.iWIN, City Attorney 2 CONNOR LIMONT, Chairperson