HomeMy WebLinkAboutCC RES 2010-37RESOLUTION NO. 2010-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO
REVOKE AN EXISTING CONDITIONAL USE PERMIT FOR ANNA'S HEALTH
SYSTEM, A MASSAGE THERAPY ESTABLISHMENT LOCATED AT 72-655
HIGHWAY 111, SUITE B-7.
CASE NO. CUP 08-108
WHEREAS, on May 27, 2010, the City Council at the City of Palm Desert, CA did
hold a duly noticed public hearing to consider the revocation of a Conditional Use Permit
for violation of the Palm Desert Municipal Code Sections 5.90.150 and 25.72.130 and
California State law; and
WHEREAS, on May 10, 2010, an appeal by the applicant for revocation of
Conditional Use Permit 08-108 was heard and reviewed by a Hearing Officer, and May 11,
2010, the Hearing Officer recommended that Conditional Use Permit 08-108 for Anna's
Health System be permanently revoked and that the request for a modification of the
Conditional Use Permit authorizing one employee be denied.
WHEREAS, on March 16, 2010, the Planning Commission of the City of Palm
Desert, California, did hold a duly noticed public hearing revoking 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 City Council 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:
RESOLUTION NO, 2010-37
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.
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.
10. The foregoing is grounds for revocation of CUP 08-108 for Anna's Health
System as the premises for which the permit was issued were being
operated in an illegal or disorderly manner, by virtue of the arrest, in violation
of Palm Desert municipal Code Section 5.87.180(B)(4).
RESOLUTION NO. 2010-37
11. A business owner is ultimately the one responsible for ensuring that their
business be conducted in a lawful manner, and since the owner of Anna's
Health System has been unable to do so previously. There is no evidence to
demonstrate that she would be able to do so as a sole practitioner.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. The request for modification of Conditional Use Permit 08-108 is herby
denied and the Conditional Use Permit is herby revoked.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council held on 27th day of May, 2010, by the following vote to wit:
AYES: BENSON, KELLY, and FINERTY
NOES: NONE
ABSENT: FERGUSON and SPIEGEI.
ABSTAIN: NONE
Cinder Finerty, Layer
ATTEST:
Rachelle D. K assen, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
David J. Erwin; City Attorney
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