Setting
Wildfires can occur in undeveloped areas and spread to urban areas. The California Department of Forestry and Fire Protection (CalFire) has mapped areas of significant fire hazards in the state through its Fire and Resources Assessment Program (FRAP). These maps identify fire hazard severity zones (FHSZ) based on a hazard scoring system using subjective criteria for fuels, fire history, terrain influences, housing density, and occurrence of severe weather where urban conflagration could occur.
While the southernmost portions of Palm Desert border areas susceptible to the risk of wildland fires, the Project site is within a developed area. The subject property is designated as a local responsibility area (LRA) and is located approximately 1.3 miles from the nearest area as a very high fire hazard severity zone (VHFHSZ).
Discussion of Impacts
a-d) Less Than Significant Impacts. As noted in Section IX.f) above, the City’s Local Hazard Mitigation Plan (LHMP) includes priority actions to mitigate hazards, as well as actions to coordinate plans and resources in the event of an emergency. The proposed Project would not impair or interfere with an adopted emergency response or evacuation plan. According to the City’s General Plan, key evacuation routes in the city include Monterey Avenue, Portola Avenue, Cook Street, and Washington Street.
Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1418
City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project
CEQA-Plus IS/Mitigated Negative Declaration
-72-
While construction activities associated with the Project would involve temporary impacts to Haystack Road or Calliandra Street, neither of these streets are considered key evacuation routes. Furthermore, the construction would be temporary, and a construction access plan will be required by the City to assure the Project does not interfere with emergency access during construction. Overall, impacts will be less than significant.
The subject site is a Local Responsibility Area and is more than a mile from the nearest VHFHSZ. The Project proposes the rehabilitation of a drainage channel and will not involve any residential buildings or other occupied structures. There will be no occupants potentially at risk of wildfire hazard. The channel will generally maintain the existing drainage pattern, and therefore would not be expected to expose people or structures to significant risks as a result of drainage changes. Impacts will be less than significant.
Mitigation Measures: None required
Monitoring and Reporting: None required
Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1419
City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project
CEQA-Plus IS/Mitigated Negative Declaration
-73-
XXI. MANDATORY FINDINGS OF
SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, substantially
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of the major
periods of California history or prehistory?
✓
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future projects)?
✓
c) Does the project have environmental
effects, which will cause substantial adverse
effects on human beings, either directly or
indirectly?
✓
a) Less than Significant with Mitigation.
Biological Resources:
As discussed in Section IV above, a biological resources assessment was conducted for the Project and adjacent lands, which are comprised primarily of residential development to the north and south and local streets. The eastern edge of the channel is adjacent the Living Desert Zoo and Gardens located on the east side of Portola Avenue. The western section of the Project area contains an engineered swale which is covered in maintained turf grass and lined buy landscaping trees. The swale has some concrete structures which collect nuisance waters from irrigation runoff and stormwater. The section of the channel east of Heliotrope Drive is an engineered sandy, natural bottom channel with a mix of native and non-native vegetation.
No special status or sensitive plant or animal species were found or suspected on occupying the Project site or vicinity. As previously noted, the subject lands and the City are located within the development impact mitigation fee area of the Coachella Valley MSHCP. Mitigation Measure BIO-1 requires the conducting of pre-construction nesting bird surveys if construction is planned during the February 1 through August 31 nest season.
While neither burrowing owl nor their sign were identified during site surveys, Mitigation Measure BIO-2 requires that a burrowing owl habitat assessment be conducted no less than 60 days prior to the Project’s start to further ensure that the owl is not impacted by the Project. Also included is BIO-3, which requires a Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1420
City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project
CEQA-Plus IS/Mitigated Negative Declaration
-74-
bat survey be conducted during sensitive times of the year. And Mitigation Measure BIO-4 requires that any post-construction landscaping use plant materials approved by the Coachella Valley MSHCP.
Therefore, the Project will not substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal.
Cultural Resources:
As discussed in detail in Section V of this IS/MND, the Project site is not expected to harbor either sensitive cultural or historic resources. Mitigation Measure CUL-1 requires that if potential resources are identified during site disturbance, work shall be halted in that area and a qualified professional will be called in to evaluate and, if necessary, mitigate the find prior to continued work at that location. Therefore, the Project is not expected to eliminate or significantly impact important examples of the major periods of California history or prehistory.
b) Less than Significant Impact.
The Project is not expected to result in any impacts that are or may be considered to be cumulatively considerable. The Project is limited to the rehabilitation of an existing and long-established stormwater channel located within an urbanized portion of the City. Once rehabilitation work has been completed, the channel and vicinity will be left essentially in the same condition as it was before the Project is implemented. No cumulatively considerable impacts are expected to result from implementation of the Project.
c) Less than Significant with Mitigation.
There is a limited and less than significant risk that implementation of the proposed Project will result in or cause substantial adverse effects on human beings, either directly or indirectly. The rehabilitation project will re-establish full channel capacity and will stabilize those portions of the channel that are currently susceptible to scour and erosion. Construction will be conducted under the supervision of the City and is not expected to adversely impact local residents or the traveling public.
Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1421
City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project
CEQA-Plus IS/Mitigated Negative Declaration
A
Appendix A
CalEEMOD Air Quality and GHG Modeling
(Available on City website)
Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1422
City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project
CEQA-Plus IS/Mitigated Negative Declaration
B
Appendix B
Biological Resources Assessment Report
(Available on City website)
Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1423
City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project
CEQA-Plus IS/Mitigated Negative Declaration
C
Appendix C
Cultural Resources Survey
“Reviewers wishing to review this report must contact the Project CEQA Planner, Nick Melloni at the following
email address: [email protected]”.
Only qualified professionals can be provided a copy of this report.”
Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1424
City of Palm Desert/Terra Nova/July 31, 2023/ Revised 1.3.24 Haystack Channel Rehabilitation Project
CEQA-Plus IS/Mitigated Negative Declaration
F
Appendix D
Technical Memorandum and Channel Improvement Plans
(Available on City website)
Docusign Envelope ID: E1AB5114-FD8F-47F7-AA43-2BB4EB0E39B9 1425
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03-026-2023-001
Dear Mr. Nick Melloni,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Haystack Channel Rehabilitation Project project. We have reviewed the documents and have the following comments:
[VIA EMAIL TO:[email protected]]
City of Palm Desert
Mr. Nick Melloni
73-510 Fred Waring Dr.
Palm Desert, CA 92260-2578
September 25, 2023
Re: Haystack Channel Rehabilitation Project
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 423-3485. You may also email me at [email protected].
Cordially,
Xitlaly Madrigal
Cultural Resources Analyst
Tribal Historic Preservation Office
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
*The Mitigated Negative Declaration document included standard mitigation measures to address impacts to cultural resources. We found these measures to be sufficient.
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1 Nick Melloni
From: McNeill, Amy <[email protected]>
Sent: Tuesday, October 3, 2023 10:10 AM
To: Nick Melloni
Cc: McKinney, Elsa; Cornelius, William
Subject: Haystack Stormwater Channel Rehabilitation Project Attachments: We sent you safe versions of your files; Haystack Ch rehabilitation project transmittal.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Hello Nick,
Upon review of the site location, this project will not have any impacts to Riverside County Flood Control and Water Conservation District storm drain facilities. The project is not located with an Area Drainage Plan and therefore no fees are required to be paid. Please note the location of the channel and project limits are shown within the Coachella Valley Water District jurisdiction.
Thank you,
Amy
Amy McNeill, PE | Engineering Project Manager
Development Review
Riverside County Flood Control & Water Conservation District 1995 Market Street | Riverside, CA 92501
Direct: 951-955-1214 | Email: [email protected]
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This email is confidential and intended solely for the use of the individual(s) to whom it is addressed. The information contained in this message may be privileged and confidential and protected from disclosure.
If you are not the author's intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error please delete all copies, both electronic and printed, and contact the author immediately.
County of Riverside California
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PROJECT
LOCATION
Haystack Road
Calliandra Street Alamo Drive
Highway 74 Heliotrope Drive Moon Lane
Portola Avenue
1455
ALAMO DR
CALLIANDRA ST
HAYSTACK RD
CALLIANDRA ST
HAYSTACK RD
CONSTRUCTION NOTES N
HYDROLOGY DATA MATCH LINE SEE BELOW STA 57+50 MATCH LINE SEE ABOVE STA 57+50 MATCH LINE SEE SHEET 3 STA 52+50 1456
CALLIANDRA ST
HAYSTACK RD
CALLIANDRA ST
HAYSTACK RD MATCH LINE SEE SHEET 2 STA 52+50
CONSTRUCTION NOTES N
HYDROLOGY DATA MATCH LINE SEE BELOW STA 47+50 MATCH LINE SEE ABOVE STA 47+50 MATCH LINE SEE SHEET 4 STA 42+50 1457
CALLIANDRA ST
HAYSTACK RD HELIOTROPE DR MATCH LINE SEE SHEET 5 MATCH LINE STA 36+50 SEE SHEET 3 STA 42+50 N
CONSTRUCTION NOTES
HYDROLOGY DATA
DETAIL "A"
NTS
DETAIL "B"
NTS
1458
CONSTRUCTION NOTES
N
HYDROLOGY DATA MATCH LINE SEE PAGE 4 STA 36+50 MATCH LINE SEE SHEET 6 STA 31+00
HAYSTACK RD
DETAIL "C"
NTS MATCH LINE SEE SHEET 6 STA 31+00
1459
CONSTRUCTION NOTES
HYDROLOGY DATA MATCH LINE SEE SHEET 5 STA 31+00
HAYSTACK RD MATCH LINE SEE SHEET 7 STA 25+50
N MATCH LINE SEE SHEET 7 STA 25+50 MATCH LINE SEE SHEET 5 STA 31+00 1460
HAYSTACK RD
CONSTRUCTION NOTES
HYDROLOGY DATA
N MATCH LINE SEE SHEET 6 STA 25+50 MATCH LINE SEE SHEET 8 STA 20+50 MATCH LINE SEE SHEET 8 STA 20+50 MATCH LINE SEE SHEET 6 STA 25+50 1461
HAYSTACK RD
CONSTRUCTION NOTES
HYDROLOGY DATA
N MATCH LINE SEE SHEET 7 STA 20+50 MATCH LINE SEE SHEET 9 STA 15+00 MATCH LINE SEE SHEET 9 STA 15+00 MATCH LINE SEE SHEET 7 STA 20+50 1462
CONSTRUCTION NOTES
HYDROLOGY DATA N MATCH LINE SEE SHEET 8 STA 15+00 MATCH LINE SEE SHEET 10 STA 12+50 MATCH LINE SEE SHEET 10 MATCH LINE STA 12+50 SEE SHEET 8 STA 15+00 1463
PORTOLA AVE
CONSTRUCTION NOTES
HYDROLOGY DATA N MATCH LINE SEE PAGE 9 STA 12+50 MATCH LINE SEE PAGE 9 STA 12+50 1464
TYPICAL CROSS SECTION B-B
STATION 32+50-30+10
N.T.S.
TYPICAL CROSS SECTION C-C
STATION 29+90-21+10
N.T.S.
TYPICAL CROSS SECTION D-D
STATION 20+90-13+81
N.T.S.
TYPICAL CROSS SECTION E-E
STATION 13+73-13+17
N.T.S.
TYPICAL CROSS SECTION F-F
STATION 12+24-11+60
N.T.S.
TYPICAL CROSS SECTION A-A
STATION 36+04-32+60
N.T.S.
TYPICAL CROSS SECTION D-D
(CURVED REACH)
STATION 14+74-14+33 ONLY
N.T.S.
TYPICAL CROSS SECTION G-G
STATION 11+02-10+00
N.T.S.
1465
DETAIL 1
JUNCTION STRUCTURE DETAIL
STA 11+79
NTS
DETAIL 2
JUNCTION STRUCTURE DETAIL
STA 27+73
NTS
DETAIL 3
JUNCTION STRUCTURE DETAIL
STA 30+42
NTS
CROSS SECTION 1
STA 35+43 TO 34+88
SEE SHEET 5
NTS
LA COUNTY DESIGN MANUAL
TYPICAL ROCK RIP-RAP LEVEE SECTION
CURVED REACH
NTS
LA COUNTY DESIGN MANUAL
TYPICAL ROCK RIP-RAP LEVEE SECTION
STRAIGHT REACH
NTS
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1471
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HAYSTACK ROAD
CHANNEL IMPROVEMENTS
City Council Study Session
December 12, 2024
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PROJECT PURPOSE
• General Manager of Marrakesh Country Club contacted the City about channel erosion concerns • Capital Improvement Project is created by the City
• City hires Engineering and Environmental Consultants
• Project presented to Planning Commission May 7, 2024
• Project re-presented to Planning Commission June 4, 2024 • Community Engagement Meeting June 26, 2024
• 4 options presented
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PROJECT PURPOSE
• General Manager of Marrakesh Country Club contacted the City about channel erosion concerns • Capital Improvement Project is created by the City
• City hires Engineering and Environmental Consultants
• Project presented to Planning Commission May 7, 2024
• Project re-presented to Planning Commission June 4, 2024 • Community Engagement Meeting June 26, 2024
• 4 options presented
• 2 preferred options
1493
PROJECT PURPOSE
• General Manager of Marrakesh Country Club contacted the City about channel erosion concerns • Capital Improvement Project is created by the City
• City hires Engineering and Environmental Consultants
• Project presented to Planning Commission May 7, 2024
• Project re-presented to Planning Commission June 4, 2024 • Community Engagement Meeting June 26, 2024
• 4 options presented
• 2 preferred options
• July 14, 2024 – Heavy rain causes damage requiring immediate emergency repairs • Community Engagement Meeting November 7, 2024
• Presented analysis of the 2 preferred options
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Green Belt Channel
(Remains Grass)
Natural Channel
(2 options for revision)
Portola Ave.
Hwy 74
Alamo Dr.
Heliotrope Dr.
Green Belt
(No Changes)
Proposed Underground Infiltration System
to mitigate erosion and standing water
(Re-install grass afterward)
Significant Erosion Throughout
Marrakesh Country Club
Areas of concern for flooding
• Surrounding homes at risk of damage
• Public safety concerns (pedestrian and roads)
• Compromised utility infrastructure
PROJECT LOCATION
1495
GREEN BELT
IMPROVEMENTS
• Underground perforated pipe
will help to reduce erosion and
standing water that invites
mosquitos
• Grass will be replaced
following installation
Green Belt Channel
(Remains Grass)
Alamo Dr.
Heliotrope Dr.
4 Locations
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Natural Channel
(2 options for revision)
Portola Ave.
Marrakesh Country Club
Heliotrope Dr.
HEAVY RAIN
July 2024
1497
• Private property at risk
• Public safety concerns
• Compromised utility infrastructure
CHANNEL EROSION
Looking South: SCE Power Pole Looking East: Marrakesh CC on left Looking East: Haystack Rd. on right Looking South-East toward Haystack Rd. 1498
9 EMERGENCY REPAIRS
Aug.-Sep. 2024 ($200,000)
Before:
Marrakesh Country Club
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10 EMERGENCY REPAIRS
Aug.-Sep. 2024 ($200,000)
After:
Marrakesh Country Club
1500
2 OPTIONS FOR
CONSIDERATION
Natural Slopes Boulders & Soil Slopes
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12 NATURAL OPTION
• Sand moved through the channel and onto slopes to
repair erosion
• Consequence of continued maintenance is destruction
of vegetation
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BOULDER & SOIL OPTION
Before Repairs
After Repairs
Improvements at Maturity
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14 COMPARISONS
Natural Slopes Boulder Slopes
• Level of protection:
• 100-year storm or larger presents a significant threat to channel functionality and integrity
• Unmitigated erosion at channel walls within feet of significant damage to private property and public infrastructure
• No Access Road for maintenance
• Lower upfront costs - Construction Cost Estimate: $500K • More Maintenance: $150K annually
• Plant impact: Less initially, but more long term with ongoing repairs
• Level of protection:
• 100-year storm would present minimal threat to channel functionality and integrity
• Controlled and predictable outcomes due to more robust channel walls
• Access Road for maintenance
• Higher upfront costs - Construction Cost Estimate: $3.3M • Less Maintenance: $50K-$75K annually
• Plant Impact: More initially, but less long term due to more robust side slopes requiring less repairs
Channel repairs East of Heliotrope Dr.
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15 ENGAGE PALM DESERT
engagepalmdesert.com/projects
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C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR CONSIDERATION TO ADOPT A MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) AND A MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVAL OF THE PRELIMINARY
DESIGN CONCEPT FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT LOCATED EAST OF STATE HIGHWAY 74, WEST OF PORTOLA AVENUE, NORTH OF HAYSTACK ROAD.
The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has conducted an initial study concluding that the project would not have significant adverse environmental impacts. The City intends to adopt a Mitigated Negative Declaration pursuant to Public Resources Code Section 21080(c) and CEQA Guidelines sections 15070 et seq.
PROJECT LOCATION: East of State Highway 74, west of Portola Avenue, north of Haystack Road.
Assessor’s Parcel Numbers: 630-025-050 & 052; 630-190- 051 & 054; 628-290-013 Portion of the SE ¼ of Section 30, portion of S1/2 of Section 29, Township 5 South, Range 6 East, San Bernardino Baseline and Meridian
PROJECT DESCRIPTION: The City Council will consider the adoption of a Mitigated Negative Declaration (MND) with a Mitigation Monitoring and Reporting Program (MMRP), and approval of the preliminary design concept for the Haystack Channel Improvement Project. The Haystack Channel Improvement Project will generally consist of the repair, and reconstruction of an existing flood control channel, which currently serves an extended residential neighborhood.
PLANNING COMMISSION RECOMMENDATION: The Planning Commission for the City of Palm Desert adopted Resolution No. 2864 recommending adoption of the MND and MMRP.
PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold the Public Hearing on Thursday, February 13, 2025. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California.
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-and-citycouncil-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed Zoning Ordinance Amendment is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California during regular business hours and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-informationcenter COMMENT ON THIS APPLICATION: Response to this notice may be made as follows:
Written comments may be submitted to the City Council by letter to the address below or email at [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record.
Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).
Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Damian Olivares (760) 346-0611 ext. 334 PUBLISH: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK JANUARY 31, 2025 CITY OF PALM DESERT, CALIFORNIA
1507
1508
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1510
From: CouncilMeeting Comments
To: Michelle Nance
Cc: Anthony Mejia
Subject: FW: Haystack preliminary plan approval - issue with the 20’ wide maintenance road (2/13/25 PDCC meeting, item 12b)
Date: Tuesday, February 11, 2025 4:22:58 PM
From: Bob and Beatrice Burley <[email protected]>
Sent: Tuesday, February 11, 2025 3:44 PM
To: CouncilMeeting Comments <[email protected]> Subject: Haystack preliminary plan approval - issue with the 20’ wide maintenance road (2/13/25 PDCC meeting, item 12b)
Re: February 13, 2025 PDCC agenda, item 12b; Haystack preliminary plan approval - issue with the 20’ wide maintenance road Dear City Council, We live on the only house actually on the flood channel East of Heliotrope. We very much appreciate the city’s efforts to improve the flo
CGBANNERINDICATOR
Re: February 13, 2025 PDCC agenda, item 12b; Haystack preliminary plan approval - issue with the 20’ wide maintenance road
Dear City Council,
We live on the only house actually on the flood channel East of Heliotrope. We very much appreciate the city’s efforts to improve the flood channel and overall agree with the proposal except for one item - the 20’ wide maintenance road running on the North side of the channel the entire length between Heliotrope and Portola.
During earlier community meetings with Planning, Planning was going to attempt to reduce the width of this road to ~15’ wide but the conceptual rendering still show 20’ wide. Additionally, the conceptual renderings are visually misleading on the look of the channel as they are rendered the existing trail that is only a few feet wide, not with the 20’ dirt road.
Some considerations for this 20’ wide maintenance road:
1. 50,000 square feet of the existing natural-scape will be forever exposed without any vegetation. This will be another source for local dust and will reduce the actual flood channel width noticeably.
2. A wide dirt road will be an eyesore from the Southside sidewalk and Haystack road.
3. Haystack recently went through a traffic calming activity to reduce speed by narrowing the lanes and adding stop signs. This dirt road will be an uninhibited 0.5 mile straight shot from Heliotrope to Portola which may be inviting to off-roaders, dirt bikes, loiterers, and illegal dumpers.
4. Maintenance intervals are infrequent (nearly existent for many years past) - is such a road really needed? Thank you for your consideration,
Bob and Beatrice Burley
47440 Heliotrope Dr
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Haystack Channel Improvement
Project – Initial Study / Mitigated
Negative Declaration & Design
Approval
PALM DESERT CITY COUNCIL
FEBRUARY 13, 2025
2/13/2025 AGENDA ITEM 12.B 1
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Action for Consideration
Resolution for adoption of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Haystack Channel Improvement Project in accordance with the California Environmental Quality Act (CEQA). Approval of preliminary channel design with consideration for additional landscaping Authorization of the Finance Director to reallocate $275,000 of unexpended funds from Section 29 storm drain improvements for additional project landscaping. Planning Commission adopted Resolution No. 2864 on 1/7/2025 recommending approval of the MND
2/13/2025 AGENDA ITEM 12.B 2
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2/13/2025 AGENDA ITEM 12.B 3
Location and Existing Conditions
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2/13/2025 AGENDA ITEM 12.B 4
Haystack Channel Improvement Summary
Highway 74 to Alamo Dr.
(West Reach)
Heliotrope. Dr. to Portola Ave.
(East Reach)
Alamo Dr. to Heliotrope Drive
(Center Reach)
1516
Renderings – East Reach
Boulder stabilized slopes – sandy stream bed
15’ wide maintenance access road
Revegetation of landscaping within the channel
Preliminary design plans
2/13/2025 AGENDA ITEM 12.B 5
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Additional Landscape
Additional landscaping planted along top of channel slope and sidewalk along Haystack Road Native Plants per MSHCP Approved Plant List – Match Existing 2/13/2025 AGENDA ITEM 12.B 6
Above: smoke tree (Psorothamnus
spinosus)
Top Right: burrobrush (Ambrosia
Salsola)
Bottom Right: brittlebush (Encelia
Farinosa)
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CEQA
Initial Study / Mitigated Negative Declaration prepared for project. Notice of Intent (NOI) circulated for 30-days in accordance with CEQA Guidelines Sections 15072 and 15073
Three comment letters received from Riverside County Flood Control, Agua Caliente Band of Cahuilla Indians, and California Department of Fish and Wildlife (CDFW) Minor revisions made to IS/MND in response to CDFW but did not trigger recirculation per CEQA Guidelines Mitigation Monitoring and Reporting Program for:
Biological Resources
Cultural Resources
Hydrology and Water Quality Resources
Project fully complies with CEQA
2/13/2025 AGENDA ITEM 12.B 7
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Public Notice
Public noticing was conducted for the per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days before the hearing date on Friday, January 31st, 2025, in The Desert Sun newspaper Notices mailed to all property owners within 1,000 feet of project Two comment letters submitted
Community Engagement Meetings on June 26, 2024 and November 7, 2024 No comments or modifications to the project triggered requirements for recirculation per CEQA Guidelines
2/13/2025 AGENDA ITEM 12.B 8
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Recommendation
1. Adopt a Resolution entitled, “A RESOLUTION OF THE PALM DESERT CITY COUNCIL ADOPTING AN INITIAL STUDY / MITIGATED NEGATIVE DECLARATION (SCH NO. 2023090542) AND A MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE HAYSTACK CHANNEL IMPROVEMENT PROJECT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”
2. Approve the preliminary design of the Haystack Channel Improvement Project with consideration to include additional landscaping along Haystack Road.
3. Authorize Director of Finance to reallocate $275,000 from unexpended project funds in Storm Drain Improvement-Section 29 Account No. 2324370-5000455 to Account No. 23243705000454 for the Haystack Channel Improvement Project.
2/13/2025 AGENDA ITEM 12.B 9
1521
1522
From: CouncilMeeting Comments <[email protected]> Sent: Friday, February 14, 2025 8:39 AM
To: Michelle Nance <[email protected]>; Anthony Mejia <[email protected]>
Subject: FW: Haystack preliminary plan approval - issue with the 20’ wide maintenance road (2/13/25 PDCC meeting, item 12b)
From: Paul Cahill <[email protected]>
Sent: Thursday, February 13, 2025 4:18 PM
To: CouncilMeeting Comments <[email protected]> Subject: Haystack preliminary plan approval - issue with the 20’ wide maintenance road (2/13/25 PDCC meeting, item 12b)
CGBANNERINDICATOR
Re: February 13, 2025 PDCC agenda, item 12b; Haystack preliminary plan approval - issue with the
20’ wide maintenance road
Dear City Council,
I live on Heliotrope Drive, just a few doors down from the flood channel in question.
I wish to state to the council that I too am very concerned about the proposed 20’ dirt road north of the channel. I recognize access is needed for maintenance equipment, but IMO 20’ appears excessive.
I concur with the comments from my neighbor Bob Burley at 47440 Heliotrope. Dr.
Regards
Paul Cahill
47275 Heliotrope Dr.
1523
1524
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 13, 2025
PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: CONSIDER AN APPEAL OF THE CITY MANAGER’S REVOCATION OF THE BUSINESS LICENSE FOR MASSAGE 111 LOCATED AT 45120 SAN PABLO, SUITE 2A, PALM DESERT, CALIFORNIA
RECOMMENDATION:
1. Find that this report, including attachments, and any additional evidence provided at the hearing provides satisfactory evidence that the City Manager’s decision to revoke the business license for Massage 111 was correct.
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPHOLDING THE CITY MANAGER’S REVOCATION OF THE BUSINESS LICENSE FOR MASSAGE 111, LOCATED AT 45120 SAN PABLO, SUITE 2A, AND MAKING FINDINGS IN SUPPORT THEREOF.”
BACKGROUND/ANALYSIS:
Business Information
Massage 111 obtained Business License #13701926 (see Attachment 2) on December 9, 2019, to operate a massage parlor at 45120 San Pablo, Suite 2A, Palm Desert. The business is solely owned and operated by Haiwei Xia Donkersgoed as a sole proprietorship, a structure in which a single individual maintains full control and responsibility for the business. Additionally, Haiwei Xia Donkersgoed is the only massage therapist listed on file with the City.
Investigation and Violations
On November 26, 2024, at approximately 1:00 PM, the Palm Desert Sheriff’s Station Special Enforcement Team (SET) and the Riverside County Anti-Human Trafficking Task Force (RCAHT) executed a search warrant at Massage 111. The investigation stemmed from a tip regarding illicit activities in the 45000 block of San Pablo Avenue, revealing prostitution activities at the business.
At 2:10 PM the same day, the Sheriff’s Office contacted Code Compliance Officer Paul Villanueva for assistance with Palm Desert Municipal Code (PDMC) violations. Officer Villanueva opened Code Enforcement Case 24-5896 (see Attachment 3) and arrived on-site, where the Sheriff’s Office confirmed that Haiwei Xia Donkersgoed was arrested for maintaining an illicit brothel (PC 315) and booked into the Riverside County Jail in Indio (see Attachment 4).
Additionally, Officer Villanueva observed unauthorized interior construction and evidence of onsite living. Images documenting these violations are included in Attachment 5. In accordance with the PDMC, Massage 111 was declared a public nuisance, and notices were issued for PDMC §5.87.120A.3 and building code violations under Case 24-5900 for unpermitted construction.
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According to the Riverside County Sheriff’s Department press release (see Attachment 6), two females identified as possible human trafficking victims were located on-site. Officer Villanueva’s observations of on-site living further supports these concerns. The individuals received advocacy services and were released. Multiple suspected sex buyers were also identified and released pending further investigation.
Revocation of Business License and Findings of Fact
On November 27, 2024, City Manager Todd Hileman issued a Notice of Revocation (see Attachment 7) pursuant to PDMC §§ 5.04.070 and 5.87.130. Additionally, the Notice of Revocation informed Haiwei Xia Donkersgoed of the right to appeal within 15 calendar days per PDMC § 5.04.080(A). The grounds for revocation and findings of fact include:
1. That the licensee has violated any provision of the California Business and Professions Code, Palm Desert Municipal Code, or any emergency order issued by the city manager or city council (PDMC §5.04.070(A)(4)).
Findings of Fact:
A. On November 26, 2024, Code Compliance Officer Villanueva conducted an inspection of the licensed premises and observed several violations of the Palm Desert Municipal Code. Those violations include:
1) Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
2) Failure to notify the City Manager of additional massage practitioners employed by the business. Additionally, the California Massage Therapy Council certifications for two massage therapists expired on January 24, 2021, and January 8, 2022, respectively (PDMC §5.87.100 and 5.87.210.T).
3) Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1).
4) Lack of a single-service towel dispenser and a trash receptacle at the washbasin (PDMC §5.87.200.G).
5) Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). 6) Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). 7) Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I).
8) Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J).
9) Use of non-compliant massage table cover pads that were not made of durable, washable plastic or other waterproof material (PDMC §5.87.210.K).
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10)Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q).
11)Violation of mandatory requirements set forth in PDMC Chapter 5.87, as detailed in Findings 1-10 above (PDMC §5.87.210.U).
B. The violations were documented with photographs and official reports, confirming that the licensee failed to adhere to the requirements for maintaining a business license.
2. That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee's business (PDMC §5.04.070(A)(7)).
Findings of Fact:
A. On November 26, 2025, an inspection and review of the licensee’s business operations revealed violations of California Penal Code 315 for maintaining an illicit brothel and the Palm Desert Municipal Code as provided herein, which govern the licensee’s business activities. These violations were documented in Code Enforcement Case Number 24-5900.
B. On that same date, Code Compliance Officer Villanueva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
C. These documented violations provide sufficient grounds for revocation of the license.
3. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public (PDMC §5.04.070(A)(8)).
Findings of Fact:
A. On November 26, 2024, evidence gathered from the Riverside County Sheriff’s Office along with observations by Code Compliance Officer Villavueva confirmed that the licensee’s operation contributed directly to endangering the peace, health, safety, and general welfare of the public.
Specific infractions included operating an illicit brothel, failure to maintain sanitary conditions, and living on the premises, which created a dangerous environment.
B. On that same date, Code Compliance Officer Villaneuva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
C. Based on the documented harm caused by these actions, revocation of the license is necessary to protect the public from further injury. 1527
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4. The massage establishment business license holder has been arrested or filing of charges of a crime that would have caused denial of the massage establishment business license (PDMC §5.87.120(A)(1)).
Findings of Fact:
A. On November 26, 2024, the licensee was arrested, and criminal charges were filed for maintaining an illicit brothel, a crime that, if known at the time of application, would have led to the denial of the massage establishment business license under PDMC §5.87.120.
B. The crime is classified as a misdemeanor and directly impacts the qualifications required to maintain a massage establishment license.
C. Official records, including the Riverside Sheriff Press Release and booking information, confirm the charges against the licensee, highlighting the violation of legal standards necessary for obtaining and maintaining a business license.
D. The severity of the criminal charges, coupled with their direct impact on public trust and safety, justifies the revocation of the massage establishment business license.
5. The massage establishment business license holder has engaged in conduct or operated the certified massage establishment or as a massage practitioner in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit. A massage therapist or massage practitioner employed by the massage establishment has been arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, or the premises for which the business license was issued is being operated in an illegal or disorderly manner. (PDMC §25.87.120(A)(3)).
Findings of Fact:
A. On November 26, 2025, investigations by the Palm Desert Sheriff’s Station Special Enforcement Team and the Riverside County Anti-Human Trafficking Task Force revealed that the licensee violated provisions of PDMC Chapter 25.87 and other relevant laws. These violations included engaging in activities that led to criminal arrests for offenses involving moral turpitude and operating the establishment in a disorderly or illegal manner.
Specifically, the licensee was arrested and booked into the Riverside County Jail for maintaining an illicit brothel, a violation of California Penal Code §315 .
B. Evidence, including the law enforcement press release and booking information confirms that the licensee was arrested for violating California Penal Code §315, which is a crime of moral turpitude as it pertains to operating the business for prostitution.
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C. On that same date, Code Compliance Officer inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
D. As documented, the manner in which the licensee operated the business, constitute grounds for revocation.
6. Violations of this chapter or of the California Business and Professions Code Section 4600 et seq., have occurred on the establishment premises. (PDMC §5.87.120(A)(5)).
Findings of Fact:
A. On November 26, 2024, inspections and investigations revealed violations of PDMC Chapter 5.87 and the California Business and Professions Code, specifically related to the failure to comply with required standards as provide in Finding 1.
B. Documentation from inspections and code enforcement confirmed that the establishment was operating outside the legal requirements, including unlicensed practitioners and failure to maintain the necessary permits and records.
C. The violations documented in official reports warrant the revocation of the business license, as the establishment did not meet the legal requirements for lawful operation.
7. There is an urgency of immediate action to protect the public from injury or harm (PDMC §5.87.120(A)(8)).
Findings of Fact:
A. On November 26, 2027, immediate action was deemed necessary to protect the public from unsafe and unlawful conditions at Massage 111, leading to the immediate suspension of the business license.
B. Inspections and reports indicated that unsafe conditions existed due to unpermitted construction and unsanitary conditions on the premises.
C. These violations were documented through photographs and official inspection notes by Code Compliance Officer Villanueva, who identified the licensee’s failure to obtain the necessary building permits for modifications made to the premises.
D. Additionally, the premises were found to be in a state of squalor, with evidence indicating that individuals were living on the property. This contributed to unsanitary and hazardous conditions, posing a significant risk to the health and safety of both employees and customers.
E. The violations enumerated in Finding 1 confirm noncompliance with the Palm Desert Municipal Code and highlight the serious threat to public health and safety associated with the operation of the business under these conditions.
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F. Given the immediacy and severity of these risks, urgent action was required to protect the public, further justifying the ultimate revocation of the business license by the City Manager on November 27, 2024.
8. Conducting a (massage) business as a nuisance (PDMC §5.87.240).
Findings of Fact:
A. On November 26, 2024, Code Compliance Officer Villanueva’s inspection revealed violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1. and the business license should be revoked.
Notice of Appeal
On December 2, 2024, Attorney George L. Young, Esq., from the Law Offices of George L.
Young in Arcadia, CA, submitted a Notice of Appeal (see Attachment 8) to City Manager Hileman.
Deficiency in Notice of Appeal
On December 4, 2024, City Clerk Anthony Meija issued a deficiency notice (see Attachment 9), citing failure to meet PDMC § 2.72.020(C) requirements, including:
1. The specific decision being appealed.
2. The specific grounds for the appeal.
3. The relief or action requested from the City Council.
City Clerk Meija further clarified in the deficiency notice that the appeal lacked a clear statement of the grounds upon which the appeal is based (e.g., why the decision is being challenged), and does not specify the relief or action requested from the City Council.
Mr. Young was further notified that he has five business days (December 11, 2024) to cure the deficiencies and refile the appeal.
Amended Notice of Appeal
On December 9, 2024, Mr. Young submitted an Amended Notice of Appeal (see Attachment 10), stating:
1. The decision being appealed: Revocation of Business License #13705141 issued on November 27, 2024.
2. Grounds for appeal: The nine cited violations were “blatantly false.”
3. Requested relief: License reinstatement, compensation for damages, and a formal apology from the City of Palm Desert for revoking her business license without good cause and without due process.
Scheduling of Appeal
On December 12, 2024, City Clerk Meija sent a notice scheduling the public hearing for the appellant's appeal (see Attachment 11), in accordance with PDMC §2.72.030, which states that the appeal hearing must occur no later than 45 days after receipt of the [amended] notice and 1530
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that notice must be provided at least ten days prior to the hearing unless waived in writing by the appellant.
On December 14, 2024, Mr. Young, Esq. provided a written notice requesting that the appeal be moved to February 2025 due to a scheduling conflict and inquiring about the possibility of a virtual appearance (see Attachment 12).
On December 16, 2024, City Clerk Meija provided a new hearing notice setting the public hearing on the appeal for February 13, 2025, to accommodate the appellant's request (see Attachment 13). City Clerk Meija also cautioned Mr. Young, Esq. that:
While virtual appearances via Zoom are permitted, if necessary, I must note that, given the importance of this hearing and ensuring the integrity of due process, virtual participation carries inherent risks. These risks include potential technical issues or challenges in presenting or receiving evidence and arguments effectively, which could impact the proceedings. For these reasons, virtual representation is not recommended in this case. However, if you need to participate via Zoom, please let me know, and I will be happy to provide the meeting link.
As of Friday, January 31, 2025, the appellant has not requested a Zoom link to participate virtually.
Staff’s Response to Amended Notice of Appeal
1. Appellant’s Claim of False Violations. The appellant’s claim that the violations are “blatantly false” suggests that the Sheriff’s investigation, arrest of the licensee, and Code Compliance Officer Villanueva’s investigation were untrue. However, documented evidence, attachments, photographs, and testimony confirm that the revocation was based on verifiable facts, not mere allegations. Furthermore, the appellant failed to provide any evidence, affidavits/statements, or factual arguments to refute the findings, only an assertion that staff’s findings are “blatantly false.”
2. Contradiction with PDMC. The requested relief, which includes reinstatement of the business license, contradicts the PDMC, which is specifically designed to protect public health, safety, and welfare. Allowing the reinstatement would undermine the purpose of the PDMC and fail to address the public nuisance created by the licensee’s actions.
3. Due Process Claim. The appellant’s statement of lack of due process is baseless. The appellant was provided with an ample opportunity to challenge the revocation. Rather than presenting factual rebuttals, the appellant again resorted to baseless claims without any supporting evidence. Additionally, at the appellant’s request, the hearing date was postponed accommodating his scheduling conflicts, demonstrating that due process was not only provided but extended as a courtesy.
Conclusion
Based on the Findings of Fact, including the investigation findings, documented violations, reports, photographs, and any additional testimony or evidence presented at the public hearing, 1531
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staff recommends that the City Council uphold the revocation of Massage 111’s business license. The appellant’s request for reinstatement, damages, and an apology should be denied, as it is unsupported by any substantive evidence and is contrary to the public interest.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Draft City Council Resolution
2. Massage 111 Business License
3. Code Enforcement Case 24-5896 log
4. Booking Information
5. Images documenting Officers Villanueva’s observations
6. Riverside County Sheriff’s Department press release
7. Notice of Revocation
8. Notice of Appeal
9. Deficiency Notice
10.Amended Notice of Appeal
11. Notice of Appeal Hearing
12.Appellant’s request to postpone hearing
13.Notice of Appeal Hearing
14.Presentation
1532
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPHOLDING THE CITY MANAGER’S
REVOCATION OF THE BUSINESS LICENSE FOR MASSAGE 111,
LOCATED AT 45120 SAN PABLO, SUITE 2A, PALM DESERT
CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, on December 9, 2019, the City of Palm Desert (“City”) issued business license # 13701926 to Haiwei Xia Donkersgoed (“Licensee”) to operate a massage parlor as Massage 111 at 45120 San Pablo, Suite 2A, Palm Desert; and WHEREAS, on November 26, 2024, the Palm Desert Sheriff’s Station Special Enforcement Team (“SET”) and the Riverside County Anti-Human Trafficking Task Force (“RCAHT”) executed a search warrant at Massage 111, resulting in the arrest of the Licensee. The investigation was initiated after a tip about illicit activities at Massage 111, located at 45120 San Pablo, Suite 2A, Palm Desert. The investigation uncovered evidence of prostitution occurring on the premises; and WHEREAS, on November 27, 2024, officially revoking the business license for Massage 111 pursuant to Palm Desert Municipal Code (“PDMC”) Chapter 5.04; and WHEREAS, on December 9, 2024, Attorney George L. Young, Esq., from the Law Offices of George L. Young in Arcadia, California (“Applicant”), submitted a Notice of Appeal on behalf of the Licensee, contesting the revocation of the business license; and WHEREAS, on February 13, 2025, the City Council conducted a hearing to consider the Applicant’s appeal, and duly considered all evidence, testimony of the applicant and interested parties, and the evaluation and recommendation by City staff, at said hearing; and
WHEREAS, all interested parties were afforded the opportunity to rebut the oral and written evidence that City staff presented in support of its position that revocation of the business license was appropriate; and
WHEREAS, members of the public were afforded an opportunity to testify regarding the revocation; and
WHEREAS, the City Council carefully considered all information pertaining to the revocation, including the staff report and attachments, and all the information, evidence, and testimony presented at its public hearing on December 15, 2022, after which it exercised its independent judgment to revoke the business license; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
WHEREAS, notices of said hearing were made at the time and in the manner required by law.
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Resolution No. 2025- ____
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows:
SECTION 1. RECITALS. That the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. SUPPORTING EVIDENCE. The staff report, attachments, and all the information, evidence, and testimony presented at the February 13, 2025, public hearing are incorporated hereto by reference
SECTION 3. FINDINGS. Based on the Supporting Evidence presented to the City Council at the above-referenced public hearing on December 15, 2022, including the staff report with attachments and all information presented at the hearing in support of and in opposition to the appeal, the City Council, pursuant to PDMC §5.04.080.D sets forth the following findings:
Finding Number 1. That the licensee has violated any provision of the California Business and Professions Code, Palm Desert Municipal Code, or any emergency order issued by the city manager or city council (PDMC §5.04.070(A)(4)):
a. On November 26, 2024, Code Compliance Officer Villanueva conducted an inspection of the licensed premises and observed several violations of the Palm Desert Municipal Code. Those violations include:
1) Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1). 2) Failure to notify the City Manager of additional massage practitioners employed by the business. Additionally, the California Massage Therapy Council certifications for Zhi Mei Shen and Xiu Xiang Li expired on January 24, 2021, and January 8, 2022, respectively (PDMC §5.87.100 and 5.87.210.T).
3) Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1).
4) Lack of a single-service towel dispenser and a trash receptacle at the washbasin (PDMC §5.87.200.G).
5) Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). 6) Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D).
7) Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I).
8) Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J).
9) Use of non-compliant massage table cover pads that were not made of durable, washable plastic or other waterproof material (PDMC §5.87.210.K).
10)Evidence that individuals were using the establishment for residential 1534
Resolution No. 2025- ____
and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC
§5.87.210.Q).
11)Violation of mandatory requirements set forth in PDMC Chapter 5.87, as detailed in Findings 1-10 above (PDMC §5.87.210.U).
b. The violations were documented with photographs and official reports, confirming that the licensee failed to adhere to the requirements for maintaining a business license.
Finding Number 2. That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee's business (PDMC §5.04.070(A)(7)):
a. On November 26, 2025, an inspection and review of the licensee’s business operations revealed violations of California Penal Code 315 for maintaining an illicit brothel and the Palm Desert Municipal Code as provided herein, which govern the licensee’s business activities. These violations were documented in Code Enforcement Case Number 24-5900.
b. On that same date, Code Compliance Officer Villanueva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
c. These documented violations provide sufficient grounds for revocation of the license.
Finding Number 3. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public (PDMC §5.04.070(A)(8)):
a. On November 26, 2024, evidence gathered from the Riverside County Sheriff’s Office along with observations by Code Compliance Officer Villavueva confirmed that the licensee’s operation contributed directly to endangering the peace, health, safety, and general welfare of the public.
Specific infractions included operating an illicit brothel, failure to maintain sanitary conditions, and living on the premises, which created a dangerous environment.
b. On that same date, Code Compliance Officer Villaneuva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
c. Based on the documented harm caused by these actions, revocation of the license is necessary to protect the public from further injury.
Finding Number 4. The massage establishment business license holder has been arrested or filing of charges of a crime that would have caused denial of the massage establishment business license (PDMC §5.87.120(A)(1)):
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a. On November 26, 2024, the licensee was arrested, and criminal charges were filed for maintaining an illicit brothel, a crime that, if known at the time of application, would have led to the denial of the massage establishment business license under PDMC §5.87.120.
b. The crime is classified as a misdemeanor and directly impacts the qualifications required to maintain a massage establishment license. c. Official records, including the Riverside Sheriff’s Press Release and booking information, confirm the charges against the licensee, highlighting the violation of legal standards necessary for obtaining and maintaining a business license.
d. The severity of the criminal charges, coupled with their direct impact on public trust and safety, justifies the revocation of the massage establishment business license.
Finding Number 5. The massage establishment business license holder has engaged in conduct or operated the certified massage establishment or as a massage practitioner in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit. A massage therapist or massage practitioner employed by the massage establishment has been arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, or the premises for which the business license was issued is being operated in an illegal or disorderly manner (PDMC §25.87.120(A)(3)) a. On November 26, 2025, investigations by the Palm Desert Sheriff’s Station Special Enforcement Team and the Riverside County Anti-Human Trafficking Task Force revealed that the licensee violated provisions of PDMC Chapter
25.87 and other relevant laws. These violations included engaging in activities that led to criminal arrests for offenses involving moral turpitude and operating the establishment in a disorderly or illegal manner. Specifically, the licensee was arrested and booked into the Riverside County Jail for maintaining an illicit brothel, a violation of California Penal Code §315. b. Evidence, including the Riverside Sheriff’s Press Release and booking information confirms that the licensee was arrested for violating California Penal Code §315, which is a crime of moral turpitude as it pertains to operating the business for prostitution.
c. On that same date, Code Compliance Officer inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1. d. As documented, the manner in which the licensee operated the business, constitute grounds for revocation.
Finding Number 6. Violations of this chapter (PDMC Chapter 5) or of the California Business and Professions Code Section 4600 et seq., have occurred on the establishment premises (PDMC §5.87.120(A)(5)):
a. On November 26, 2024, inspections and investigations revealed violations of PDMC Chapter 5.87 and the California Business and Professions Code, 1536
Resolution No. 2025- ____
specifically related to the failure to comply with required standards as provided in Finding 1.
b. Documentation from inspections and code enforcement confirmed that the establishment was operating outside the legal requirements, including unlicensed practitioners and failure to maintain the necessary permits and records.
c. The violations documented in official reports warrant the revocation of the business license, as the establishment did not meet the legal requirements for lawful operation.
Finding Number 7. There is an urgency of immediate action to protect the public from injury or harm (PDMC §5.87.120(A)(8)):
a. On November 26, 2027, immediate action was deemed necessary to protect the public from unsafe and unlawful conditions at Massage 111, leading to the immediate suspension of the business license.
b. Inspections and reports indicated that unsafe conditions existed due to unpermitted construction and unsanitary conditions on the premises. c. These violations were documented through photographs and official inspection notes by Code Compliance Officer Villanueva, who identified the licensee’s failure to obtain the necessary building permits for modifications made to the premises.
d. Additionally, the premises were found to be in a state of squalor, with evidence indicating that individuals were living on the property. This contributed to unsanitary and hazardous conditions, posing a significant risk to the health and safety of both employees and customers.
e. The violations enumerated in Finding 1 confirm noncompliance with the Palm Desert Municipal Code and highlight the serious threat to public health and safety associated with the operation of the business under these conditions. f. Given the immediacy and severity of these risks, urgent action was required to protect the public, further justifying the ultimate revocation of the business license by the City Manager on November 27, 2024.
Finding Number 8. The Licensee’s business operated as a Public Nuisance (PDMC §5.87.240)
a. On November 26, 2024, Code Compliance Officer Villanueva’s inspection revealed violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1. and the business license should be revoked.
SECTION 4. ACTION. Based on the evidence and testimony presented, and the findings contained in Section 3, the City Council does hereby deny the subject appeal filed by Mr. George Young, Esq., and upholds the City Manager’s revocation of the business license for Massage 111.
SECTION 5. FINAL DECISION. Pursuant to PDMC §5.04.080.D, the decision of the city council is final and binding. Judicial review of this decision is subject to the 1537
Resolution No. 2025- ____
provisions and time limits set forth in the California Code of Civil Procedure Section 1094.6 et seq. Failure to seek timely judicial review pursuant to California Code of Civil Procedure section 1094.5 et seq. means all objections to the city council's decision are waived.
Section 6. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings ADOPTED ON ______2025.
JAN HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on ____________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________, 2025. _________________
ANTHONY J. MEJIA
CITY CLERK
1538
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Total businesses found: 2
Account # and Status Business Name and Information Contact Information 13701926
Business
Status:
Active
Start Date: 12/9/2019
End Date:
License Status: Current
Issue Date: 12/1/2024
Expire Date: 11/30/2025
Balance Due: 0
State License # 89558
State License
Type:
CMT
State License
Status:
State License
Exp Date:
2/16/2024
MASSAGE 111
Business Address:
45120 SAN PABLO AVE
2A PALM DESERT, CA
92260
Location: Inside
Location Type: Commercial
Mailing Address:
45120 SAN PABLO AVE
STE 2A PALM DESERT,
CA 92260-4359
Ownership Type: Sole Proprietorship
Phone Number:
(760) 834-8027, (626)
588-7676
Fax Number:
Email: [email protected]
Website:
Geo Areas:
License Description: MASSAGE THERAPY
Business Type: MASSAGE FACILITY
Rate Type:
STD - Category A- In City
Business
NAICS:
621399 - Offices Of All
Other Miscellaneous
Health Practitioners
SIC:
7299028 - Massage
Parlors
Owners / Officers
HAIWEI XIA DONKERSGOED, BUSINESS OWNER,
(626) 588-7676
[email protected]
Emergency Contacts
Alarm Company
13713846
Business
Status:
Active
Start Date: 9/1/2024
End Date:
License Status: Current
Issue Date: 9/1/2024
SPA 111 MASSAGE
SPA 111 MASSAGE
Business Address:
73280 HIGHWAY 111 STE
101 PALM DESERT, CA
92260-3915
Location: Inside
Location Type: Commercial
Owners / Officers
SPA 111 MASSAGE, (760) 674-8888
XIAOJING WANG, CFO, (626) 438-1517
SHUPING CUI, CEO, (626) 782-8291
Emergency Contacts
XIAOJING WANG, CFO, (626) 438-1517
SHUPING CUI, CEO, (626) 782-8291
City of Palm Desert
Processing Center
11/26/24, 4:30 PM Search
https://palmdesert.hdlgov.com/Staff/AuthenticatedSearch/Search 1/2 1539
Account # and Status Business Name and Information Contact Information Expire Date: 8/31/2025
Balance Due: 0
State License # 86411
State License
Type:
massage therapist
State License
Status:
State License
Exp Date:
4/12/2025
Mailing Address:
73280 HIGHWAY 111 STE
101 PALM DESERT, CA
92260-3915
Ownership Type: Corporation
Phone Number: (760) 674-8888
Fax Number:
Email: [email protected]
Website:
Geo Areas:
License Description:
MASSAGE
ESTABLISHMENT
Business Type: MASSAGE FACILITY
Rate Type:
STD - Category A- In City
Business
NAICS:
812199 - Other Personal
Care Services
SIC:
7299028 - Massage
Parlors
Alarm Company
Total businesses found: 2
City of Palm Desert
Processing Center
11/26/24, 4:30 PM Search
https://palmdesert.hdlgov.com/Staff/AuthenticatedSearch/Search 2/2 1540
Code Enforcement Case: CE-24-5896
Entered on: 11/26/2024 2:05 PM
Printed on: 01/29/2025
Topic: BUSINESS LICENSES AND PERMITS Status: Open
Due Date: 02/13/25 Assigned To: Paul Villanueva
Initiated by: SHERIFF DEPT.
Property Location
Occupant Name: Massage 111
Address: 45120 SAN PABLO AVE # 2A, 92260
Phone: Cell #:
APN : 627211024
Owner Information
Owner Name: RSP PLAZA II
Address: 201 N PALM CANYON DR STE 200
PALM SPRINGS, CA 92262
Phone: Cell #:
Actions
Action By Date Time Hours Note/Observation
CASE NARRATIVE Jesus
Centeno
11/26/2024 2:05 pm 0.50 Received a call from RSO regarding illicit activity at massage establishment.
INITIAL INSPECTION Paul
Villanueva
11/26/2024 2:10 pm 0.50 I received a call from the RSO reporting possible illicit activity, involving suspected prostitution, at a massage establishment. Upon arrival at the location, RSO confirmed that arrests had been made of the several individuals for alleged prostitution. I then issued a Notice of Violation for 5.87.120 (A) 3, instructing the business owner to cease all operations at this location. The notice was posted on the door and photos were taken. Additionally, during the inspection, we noted interior alterations that were made. The laundry room with proper authorization on Tenant Improvement permit TI115-66552, the wall partitions were erected without a permit and will open a separate Building Code case (24-5900). Furthermore, signs of onsite living, including food, pots, and pans, were observed, which is a violation of municipal code. This information is referenced in RSO report No. P24-2770089.
FOLLOW UP INSPECTION Paul
Villanueva
11/27/2024 4:20 pm 0.50 Doors were locked with no signs of operation or business activity at this time.
POST Paul
Villanueva
11/27/2024 4:25 pm 0.50 Notice of Revocation was posted at business. Copies were also mailed regular/certified to business owner address and property owner.
FOLLOW UP INSPECTION Paul
Villanueva
12/02/2024 3:30 pm 0.50 Business is closed, doors locked and no signs of operation.
CASE NOTES Paul
Villanueva
12/04/2024 9:10 am 0.50 Property owner info was updated.
POST Paul
Villanueva
12/04/2024 11:00 am 0.50 New Notice of Revocation was posted at business. Copies were also mailed regular/certified to business owner address and property owner.
Violations
# Violation Type Due Date Status Closed Date
1 MASSAGE LICENSE Open
Inspection Notes
Date: ________________ Time: ______________
Findings:________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ 1/29/25, 8:19 AM Print Code Enforcement Case
https://user.govoutreach.com/palmdesertcityca/ceeditcase.php 1/1 1541
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The data contained in this website should not be relied upon for any type of legal action.
Booking Number :202452253
Name DONKERSGOED, HAIWEI XIA
Sex Race DOB
F A 03/07/1966
Age Hair Eyes Height Weight
58 BLK BRO 05'05" 170
Arrest
Date/Time Arresting Agency Arresting Location
11/26/2024
16:53
Palm Desert PD SAN PABLO AVE, PALM DESERT
Booked
Date/Time Case No. Bail Amount
11/26/2024
18:17
T242770089 00002500
Current Facility John Benoit Detention Center Housing Unit Next Court
Date/ Time Court Name Release Date
00/00/0000
00:00
11/26/2024
Charges
Charge Type Description Bail Disposition Booking Type
315 MISD KEEP/LIVE HOUSE ILL
FAME
00002500 CITE PC
Public
Visiting
Guidelines
Additional
Court
Information
[New
Search]
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From: Todd Hileman
To: Richard Cannone
Subject: FW: Press Release - Palm Desert Massage Parlor Date: Tuesday, November 26, 2024 8:54:10 PM
Attachments: thanksgivingbanner_55fc86c9-c75e-4afc-a4ab-edb404e7e1c4.png Todd Hileman
City Manager
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6305 | www.palmdesert.gov From: Porras, Daniel <[email protected]>
Date: Tuesday, November 26, 2024 at 8:25 PM
To: Todd Hileman <[email protected]>, Chris Escobedo <[email protected]> Subject: Press Release - Palm Desert Massage Parlor
Release Booking Photo(s)? No RIVERSIDE COUNTY SHERIFF’S OFFICE Sheriff Chad Bianco Station Special Investigations Bureau Riverside County Anti-Human Trafficking Task Force Agency Riverside County Sheriff’s Office Press Release: Title Illicit Massage Parlor Date Written: N
CGBANNERINDICATOR
Release Booking Photo(s)?
No
RIVERSIDE COUNTY SHERIFF’S OFFICE
Sheriff Chad Bianco
Station
Special Investigations Bureau
Riverside County Anti-Human Trafficking Task Force
Agency
Riverside County Sheriff’s Office
Press Release:
Title Illicit Massage Parlor
Date Written: November 26, 2024 Time Written: 7:00 PM
Date of Incident: November 26, 2024 Time of Incident: 1:00 PM Location of Incident: 45000 Block of San Pablo Avenue, Palm Desert Reporting Deputy: Sergeant Jeff Hammond
File Number: T242770089
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Details:
The Palm Desert Sheriff’s Station Special Enforcement Team (SET) and the Riverside County Anti-Human Trafficking Task Force (RCAHT) received a tip about a possible illicit massage parlor operating in the 45000 block of San Pablo Avenue in the City of Palm Desert. An investigation revealed that prostitution activities were occurring at the location.
On November 26, 2024, Palm Desert SET and RCAHT served a search warrant at the location. During the operation, Haiwei Donkersgoed, 58, was arrested for maintaining an illicit brothel (315 PC) and booked into the county jail in Indio. Two additional females were located at the business who were identified as possible victims of human trafficking. The females were provided with in-person advocacy services and resources, then released from the Sheriff’s Station in Palm Desert. Multiple suspected sex buyers were contacted at the location and later released pending further investigation.
The investigation is ongoing. If anyone has information regarding the case or would like to learn more about human trafficking, they are encouraged to contact Sgt. Hammond and RCAHT at [email protected].
The Riverside County Anti-Human Trafficking Task Force seeks to disrupt and dismantle sex trafficking rings operating within Riverside County and will aggressively identify, pursue, and apprehend those who exploit the most vulnerable. More information about RCAHT and its partners can be found at humantraffickingcoalition.org and riversidesheriff.org.
If you or someone you know has been a victim of human trafficking, you can contact the National Human Trafficking Resource Center Hotline at (888) 373-7888 or your local law enforcement department. 1572
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C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]
December 4, 2024 SENT VIA EMAIL
AND OVERNIGHT MAIL
Law Office of George L. Young
Attn: George L. Young, Esq.
On behalf of Haiwei Xia Donkergoed dba Massage 111
122 E. Foothill Blvd., #328
Arcadia, CA 91006
Email: [email protected]
Subject: Deficiency in Notice of Appeal – Business License Revocation Dear Mr. Young,
The City of Palm Desert has received your Notice of Appeal dated December 2, 2024, submitted on behalf of your client, Haiwei Xia Donkergoed, regarding the revocation of a business license for Massage 111 (Business License No. 13701926). Upon review, the appeal submission does not meet the requirements specified in Palm Desert Municipal Code (PDMC) § 2.72.020(C), which mandates that a Notice of Appeal must include:
1. The specific decision being appealed.
2. The specific grounds for the appeal.
3. The relief or action requested from the City Council.
Your appeal letter does not provide sufficient detail in the above areas. Specifically:
• It lacks a clear statement of the grounds upon which the appeal is based (e.g., why the decision is being challenged).
• It does not specify the relief or action you are requesting from the City Council.
As required by PDMC § 2.72.020(C), I must return the Notice of Appeal to you for correction. You have five (5) business days from the date of this notice to cure the deficiencies and refile your appeal.
Based on City Hall's operating schedule, the corrected Notice of Appeal must be received by Wednesday, December 11, 2024, at 5:00 p.m.
Please address the deficiencies noted above in your corrected submission to ensure your appeal can be processed. Failure to refile a compliant Notice of Appeal within the specified time frame may result in the dismissal of your appeal.
If you have any questions regarding this notice, please feel free to contact me directly at (760) 346-0611 or [email protected].
Sincerely,
Anthony J. Mejia
City Clerk
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NOTICE OF APPEAL HEARING
CITY OF PALM DESERT, CALIFORNIA
BEFORE THE
CITY COUNCIL
TO: Law Office of George L. Young
Attn: George L. Young, Esq.
On behalf of Haiwei Xia Donkergoed dba Massage 111
122 E. Foothill Blvd., #328
Arcadia, CA 91006
Email: [email protected]
NOTICE IS HEREBY GIVEN of the Appeal Hearing before the Palm Desert City Council on the revocation of Business License No. 13701926 for Massage 111, located at 45120 San Pablo Avenue, Suite 2A, Palm Desert, CA.
Hearing Date: Thursday, January 9, 2025
Hearing Time: 4:00 p.m.
Location: Palm Desert City Hall, Council Chamber
73510 Fred Waring Drive, Palm Desert, CA 92260
The City Council requests that if you have supplemental documentation/evidence, that you provide such documentation at least 24-hours in advance of the hearing. You may submit your documentation in person or via email at [email protected].
A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 72 hours in advance of the hearing. Please contact the City Clerk’s Office at (760) 346-0611 or via email at [email protected].
AFFIDAVIT OF MAILING
State of California )
County of Riverside ) ss.
City of Palm Desert )
I, ANTHONY J. MEJIA, City Clerk, of the City of Palm Desert, California, do hereby certify that the Notice of Appeal Hearing before the Palm Desert City Council was emailed and mailed to the parties at the address above, on December 12, 2024, postage prepaid, and depositing same in the U.S. Mail at Palm Desert, California.
I declare under penalty of perjury that the foregoing is true and correct.
Anthony J. Mejia, MMC
City Clerk
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From: Anthony Mejia
To: George Young
Subject: RE: Notice of Deficiency – Business License Appeal Date: Monday, December 16, 2024 3:36:48 PM
Attachments: pdlogo_aeb5f777-9f3d-40d4-9b90-9e3c0c146f24.png 2024-12-16 Notice of Hearing - Donkergoed - Rescheduled.pdf Mr. Young:
We have accommodated your request to reschedule the hearing. The new details are as follows:
Hearing Date: Thursday, February 13, 2025
Hearing Time: 4:00 p.m.
Location: Palm Desert City Hall, Council Chamber, 73510 Fred Waring Drive, Palm Desert, CA 92260
While virtual appearances via Zoom are permitted if necessary, I must note that, given the importance of this hearing and ensuring the integrity of due process, virtual participation carries inherent risks. These risks include potential technical issues or challenges in presenting or receiving evidence and arguments effectively, which could impact the proceedings. For these reasons, virtual representation is not recommended in this case.
However, if you need to participate via Zoom, please let me know, and I will be happy to provide the meeting link.
If you require additional information or have further questions, please don’t hesitate to reach out.
Anthony Mejia
City Clerk
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6304 | www.palmdesert.gov From: George Young <[email protected]>
Sent: Saturday, December 14, 2024 4:21 PM
To: Anthony Mejia <[email protected]>
Subject: Re: Notice of Deficiency – Business License Appeal Mr. Mejia,I will be engaged in trial during thattime. I request that the hearingbe moved back to February, 2025. Please let me know the new date and time and whether virtual appearanceis possible.GEORGE YOUNGLAW OFFICES OF GEORGE L. YOUNG122 E. FOOTHILL BLVD., #328ARCADIA, CA 910
CGBANNERINDICATOR
Mr. Mejia,
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I will be engaged in trial during that time. I request that the hearing be moved back to February, 2025. Please let me know the new date and time and whether virtual appearance is possible.
GEORGE YOUNG
LAW OFFICES OF GEORGE L. YOUNG
122 E. FOOTHILL BLVD., #328
ARCADIA, CA 91006
(626) 795-9699
On Thu, Dec 12, 2024 at 1:02 PM Anthony Mejia <[email protected]> wrote:
Mr. Young:
Please see the attached Notice of Hearing scheduled for January 9, 2025. A hard copy will be mailed today.
PD Logo.png Anthony Mejia
City Clerk
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6304 | www.palmdesert.gov From: George Young <[email protected]>
Sent: Monday, December 9, 2024 10:30 AM
To: Anthony Mejia <[email protected]>; Todd Hileman <[email protected]> Subject: Re: Notice of Deficiency – Business License Appeal Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Mr. Mejia:
Please find attached an AMENDED NOTICE OF APPEAL filed on behalf of Massage 111 and Ms. Donkergoed.
Please let me know if you have any questions.
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GEORGE YOUNG
LAW OFFICES OF GEORGE L. YOUNG
122 E. FOOTHILL BLVD., #328
ARCADIA, CA 91006
(626) 795-9699
On Wed, Dec 4, 2024 at 12:56 PM Anthony Mejia <[email protected]> wrote:
Dear Mr. Young,
Attached, please find the Notice of Deficiency regarding the Notice of Appeal submitted on behalf of your client, Ms. Haiwei Xia Donkergoed, regarding the revocation of a business license for Massage 111.
As outlined in the letter, the Notice of Appeal is deficient under Palm Desert Municipal Code § 2.72.020(C). Your client has five (5) business days from the date of this notice to address the deficiencies and resubmit a compliant Notice of Appeal.
Please feel free to reach out if you have any questions regarding this correspondence.
Anthony Mejia
City Clerk
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6304 | www.palmdesert.gov Email Banners (10).png
From: George Young <[email protected]>
Date: Monday, December 2, 2024 at 3:49 PM
To: Todd Hileman <[email protected]>
Subject: REQUEST AND NOTICE OF APPEAL
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
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Dear Mr. Hileman:
Please find attached a Notice of Representation and Notice of Appeal. Please acknowledge receipt by return email and notify us with the date and time for the appeal.
Thank you.
GEORGE YOUNG
LAW OFFICES OF GEORGE L. YOUNG
122 E. FOOTHILL BLVD., #328
ARCADIA, CA 91006
(626) 795-9699
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NOTICE OF APPEAL HEARING
CITY OF PALM DESERT, CALIFORNIA
BEFORE THE
CITY COUNCIL
TO: Law Office of George L. Young
Attn: George L. Young, Esq.
On behalf of Haiwei Xia Donkergoed dba Massage 111
122 E. Foothill Blvd., #328
Arcadia, CA 91006
Email: [email protected]
NOTICE IS HEREBY GIVEN of the Appeal Hearing before the Palm Desert City Council on the revocation of Business License No. 13701926 for Massage 111, located at 45120 San Pablo Avenue, Suite 2A, Palm Desert, CA.
Hearing Date: Thursday, February 13, 2025
Hearing Time: 4:00 p.m.
Location: Palm Desert City Hall, Council Chamber
73510 Fred Waring Drive, Palm Desert, CA 92260
The City Council requests that if you have supplemental documentation/evidence, that you provide such documentation at least 24-hours in advance of the hearing. You may submit your documentation in person or via email at [email protected].
A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 72 hours in advance of the hearing. Please contact the City Clerk’s Office at (760) 346-0611 or via email at [email protected].
AFFIDAVIT OF MAILING
State of California )
County of Riverside ) ss.
City of Palm Desert )
I, ANTHONY J. MEJIA, City Clerk, of the City of Palm Desert, California, do hereby certify that the Notice of Appeal Hearing before the Palm Desert City Council was emailed and mailed to the parties at the address above, on December 16, 2024, postage prepaid, and depositing same in the U.S. Mail at Palm Desert, California.
I declare under penalty of perjury that the foregoing is true and correct.
Anthony J. Mejia, MMC
City Clerk
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 13, 2025
PREPARED BY: Richard D. Cannone, AICP, Development Services Director SUBJECT: CONSIDER AN APPEAL OF THE CITY MANAGER’S REVOCATION OF THE BUSINESS LICENSE FOR MASSAGE 111 LOCATED AT 45120 SAN PABLO, SUITE 2A, PALM DESERT, CALIFORNIA
RECOMMENDATION:
1. Find that this report, including attachments, and any additional evidence provided at the hearing provides satisfactory evidence that the City Manager’s decision to revoke the business license for Massage 111 was correct.
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPHOLDING THE CITY MANAGER’S REVOCATION OF THE BUSINESS LICENSE FOR MASSAGE 111, LOCATED AT 45120 SAN PABLO, SUITE 2A, AND MAKING FINDINGS IN SUPPORT THEREOF.”
BACKGROUND/ANALYSIS:
Business Information
Massage 111 obtained Business License #13701926 (see Attachment 2) on December 9, 2019, to operate a massage parlor at 45120 San Pablo, Suite 2A, Palm Desert. The business is solely owned and operated by Haiwei Xia Donkersgoed as a sole proprietorship, a structure in which a single individual maintains full control and responsibility for the business. Additionally, Haiwei Xia Donkersgoed is the only massage therapist listed on file with the City.
Investigation and Violations
On November 26, 2024, at approximately 1:00 PM, the Palm Desert Sheriff’s Station Special Enforcement Team (SET) and the Riverside County Anti-Human Trafficking Task Force (RCAHT) executed a search warrant at Massage 111. The investigation stemmed from a tip regarding illicit activities in the 45000 block of San Pablo Avenue, revealing prostitution activities at the business.
At 2:10 PM the same day, the Sheriff’s Office contacted Code Compliance Officer Paul Villanueva for assistance with Palm Desert Municipal Code (PDMC) violations. Officer Villanueva opened Code Enforcement Case 24-5896 (see Attachment 3) and arrived on-site, where the Sheriff’s Office confirmed that Haiwei Xia Donkersgoed was arrested for maintaining an illicit brothel (PC 315) and booked into the Riverside County Jail in Indio (see Attachment 4).
Additionally, Officer Villanueva observed unauthorized interior construction and evidence of onsite living. Images documenting these violations are included in Attachment 5. In accordance with the PDMC, Massage 111 was declared a public nuisance, and notices were issued for PDMC §5.87.120A.3 and building code violations under Case 24-5900 for unpermitted construction.
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Massage 111 Appeal
According to the Riverside County Sheriff’s Department press release (see Attachment 6), two females identified as possible human trafficking victims were located on-site. Officer Villanueva’s observations of on-site living further supports these concerns. The individuals received advocacy services and were released. Multiple suspected sex buyers were also identified and released pending further investigation.
Revocation of Business License and Findings of Fact
On November 27, 2024, City Manager Todd Hileman issued a Notice of Revocation (see Attachment 7) pursuant to PDMC §§ 5.04.070 and 5.87.130. Additionally, the Notice of Revocation informed Haiwei Xia Donkersgoed of the right to appeal within 15 calendar days per PDMC § 5.04.080(A). The grounds for revocation and findings of fact include:
1. That the licensee has violated any provision of the California Business and Professions Code, Palm Desert Municipal Code, or any emergency order issued by the city manager or city council (PDMC §5.04.070(A)(4)).
Findings of Fact:
A. On November 26, 2024, Code Compliance Officer Villanueva conducted an inspection of the licensed premises and observed several violations of the Palm Desert Municipal Code. Those violations include:
1) Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
2) Failure to notify the City Manager of additional massage practitioners employed by the business. Additionally, the California Massage Therapy Council certifications for two massage therapists expired on January 24, 2021, and January 8, 2022, respectively (PDMC §5.87.100 and 5.87.210.T).
3) Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1).
4) Lack of a single-service towel dispenser and a trash receptacle at the washbasin (PDMC §5.87.200.G).
5) Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). 6) Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). 7) Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I).
8) Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J).
9) Use of non-compliant massage table cover pads that were not made of durable, washable plastic or other waterproof material (PDMC §5.87.210.K).
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10)Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q).
11)Violation of mandatory requirements set forth in PDMC Chapter 5.87, as detailed in Findings 1-10 above (PDMC §5.87.210.U).
B. The violations were documented with photographs and official reports, confirming that the licensee failed to adhere to the requirements for maintaining a business license.
2. That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee's business (PDMC §5.04.070(A)(7)).
Findings of Fact:
A. On November 26, 20242025, an inspection and review of the licensee’s business operations revealed violations of California Penal Code 315 for maintaining an illicit brothel and the Palm Desert Municipal Code as provided herein, which govern the licensee’s business activities. These violations were documented in Code Enforcement Case Number 24-5900.
B. On that same date, Code Compliance Officer Villanueva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
C. These documented violations provide sufficient grounds for revocation of the license.
3. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public (PDMC §5.04.070(A)(8)).
Findings of Fact:
A. On November 26, 2024, evidence gathered from the Riverside County Sheriff’s Office along with observations by Code Compliance Officer Villavueva confirmed that the licensee’s operation contributed directly to endangering the peace, health, safety, and general welfare of the public.
Specific infractions included operating an illicit brothel, failure to maintain sanitary conditions, and living on the premises, which created a dangerous environment.
B. On that same date, Code Compliance Officer Villaneuva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
C. Based on the documented harm caused by these actions, revocation of the license is necessary to protect the public from further injury. 1597
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4. The massage establishment business license holder has been arrested or filing of charges of a crime that would have caused denial of the massage establishment business license (PDMC §5.87.120(A)(1)).
Findings of Fact:
A. On November 26, 2024, the licensee was arrested, and criminal charges were filed for maintaining an illicit brothel, a crime that, if known at the time of application, would have led to the denial of the massage establishment business license under PDMC §5.87.120.
B. The crime is classified as a misdemeanor and directly impacts the qualifications required to maintain a massage establishment license.
C. Official records, including the Riverside Sheriff Press Release and booking information, confirm the charges against the licensee, highlighting the violation of legal standards necessary for obtaining and maintaining a business license.
D. The severity of the criminal charges, coupled with their direct impact on public trust and safety, justifies the revocation of the massage establishment business license.
5. The massage establishment business license holder has engaged in conduct or operated the certified massage establishment or as a massage practitioner in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit. A massage therapist or massage practitioner employed by the massage establishment has been arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, or the premises for which the business license was issued is being operated in an illegal or disorderly manner. (PDMC §25.87.120(A)(3)).
Findings of Fact:
A. On November 26, 20242025, investigations by the Palm Desert Sheriff’s Station Special Enforcement Team and the Riverside County Anti-Human Trafficking Task Force revealed that the licensee violated provisions of PDMC Chapter 25.87 and other relevant laws. These violations included engaging in activities that led to criminal arrests for offenses involving moral turpitude and operating the establishment in a disorderly or illegal manner.
Specifically, the licensee was arrested and booked into the Riverside County Jail for maintaining an illicit brothel, a violation of California Penal Code §315 .
B. Evidence, including the law enforcement press release and booking information confirms that the licensee was arrested for violating California Penal Code §315, which is a crime of moral turpitude as it pertains to operating the business for prostitution.
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C. On that same date, Code Compliance Officer inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
D. As documented, the manner in which the licensee operated the business, constitute grounds for revocation.
6. Violations of this chapter or of the California Business and Professions Code Section 4600 et seq., have occurred on the establishment premises. (PDMC §5.87.120(A)(5)).
Findings of Fact:
A. On November 26, 2024, inspections and investigations revealed violations of PDMC Chapter 5.87 and the California Business and Professions Code, specifically related to the failure to comply with required standards as provide in Finding 1.
B. Documentation from inspections and code enforcement confirmed that the establishment was operating outside the legal requirements, including unlicensed practitioners and failure to maintain the necessary permits and records.
C. The violations documented in official reports warrant the revocation of the business license, as the establishment did not meet the legal requirements for lawful operation.
7. There is an urgency of immediate action to protect the public from injury or harm (PDMC §5.87.120(A)(8)).
Findings of Fact:
A. On November 26, 20242027, immediate action was deemed necessary to protect the public from unsafe and unlawful conditions at Massage 111, leading to the immediate suspension of the business license.
B. Inspections and reports indicated that unsafe conditions existed due to unpermitted construction and unsanitary conditions on the premises.
C. These violations were documented through photographs and official inspection notes by Code Compliance Officer Villanueva, who identified the licensee’s failure to obtain the necessary building permits for modifications made to the premises.
D. Additionally, the premises were found to be in a state of squalor, with evidence indicating that individuals were living on the property. This contributed to unsanitary and hazardous conditions, posing a significant risk to the health and safety of both employees and customers.
E. The violations enumerated in Finding 1 confirm noncompliance with the Palm Desert Municipal Code and highlight the serious threat to public health and safety associated with the operation of the business under these conditions.
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F. Given the immediacy and severity of these risks, urgent action was required to protect the public, further justifying the ultimate revocation of the business license by the City Manager on November 27, 2024.
8. Conducting a (massage) business as a nuisance (PDMC §5.87.240).
Findings of Fact:
A. On November 26, 2024, Code Compliance Officer Villanueva’s inspection revealed violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1. and the business license should be revoked.
Notice of Appeal
On December 2, 2024, Attorney George L. Young, Esq., from the Law Offices of George L.
Young in Arcadia, CA, submitted a Notice of Appeal (see Attachment 8) to City Manager Hileman.
Deficiency in Notice of Appeal
On December 4, 2024, City Clerk Anthony Meija issued a deficiency notice (see Attachment 9), citing failure to meet PDMC § 2.72.020(C) requirements, including:
1. The specific decision being appealed.
2. The specific grounds for the appeal.
3. The relief or action requested from the City Council.
City Clerk Meija further clarified in the deficiency notice that the appeal lacked a clear statement of the grounds upon which the appeal is based (e.g., why the decision is being challenged), and does not specify the relief or action requested from the City Council.
Mr. Young was further notified that he has five business days (December 11, 2024) to cure the deficiencies and refile the appeal.
Amended Notice of Appeal
On December 9, 2024, Mr. Young submitted an Amended Notice of Appeal (see Attachment 10), stating:
1. The decision being appealed: Revocation of Business License #13705141 issued on November 27, 2024.
2. Grounds for appeal: The nine cited violations were “blatantly false.”
3. Requested relief: License reinstatement, compensation for damages, and a formal apology from the City of Palm Desert for revoking her business license without good cause and without due process.
Scheduling of Appeal
On December 12, 2024, City Clerk Meija sent a notice scheduling the public hearing for the appellant's appeal (see Attachment 11), in accordance with PDMC §2.72.030, which states that the appeal hearing must occur no later than 45 days after receipt of the [amended] notice and 1600
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Massage 111 Appeal
that notice must be provided at least ten days prior to the hearing unless waived in writing by the appellant.
On December 14, 2024, Mr. Young, Esq. provided a written notice requesting that the appeal be moved to February 2025 due to a scheduling conflict and inquiring about the possibility of a virtual appearance (see Attachment 12).
On December 16, 2024, City Clerk Meija provided a new hearing notice setting the public hearing on the appeal for February 13, 2025, to accommodate the appellant's request (see Attachment 13). City Clerk Meija also cautioned Mr. Young, Esq. that:
While virtual appearances via Zoom are permitted, if necessary, I must note that, given the importance of this hearing and ensuring the integrity of due process, virtual participation carries inherent risks. These risks include potential technical issues or challenges in presenting or receiving evidence and arguments effectively, which could impact the proceedings. For these reasons, virtual representation is not recommended in this case. However, if you need to participate via Zoom, please let me know, and I will be happy to provide the meeting link.
As of Friday, January 31, 2025, the appellant has not requested a Zoom link to participate virtually.
Staff’s Response to Amended Notice of Appeal
1. Appellant’s Claim of False Violations. The appellant’s claim that the violations are “blatantly false” suggests that the Sheriff’s investigation, arrest of the licensee, and Code Compliance Officer Villanueva’s investigation were untrue. However, documented evidence, attachments, photographs, and testimony confirm that the revocation was based on verifiable facts, not mere allegations. Furthermore, the appellant failed to provide any evidence, affidavits/statements, or factual arguments to refute the findings, only an assertion that staff’s findings are “blatantly false.”
2. Contradiction with PDMC. The requested relief, which includes reinstatement of the business license, contradicts the PDMC, which is specifically designed to protect public health, safety, and welfare. Allowing the reinstatement would undermine the purpose of the PDMC and fail to address the public nuisance created by the licensee’s actions.
3. Due Process Claim. The appellant’s statement of lack of due process is baseless. The appellant was provided with an ample opportunity to challenge the revocation. Rather than presenting factual rebuttals, the appellant again resorted to baseless claims without any supporting evidence. Additionally, at the appellant’s request, the hearing date was postponed accommodating his scheduling conflicts, demonstrating that due process was not only provided but extended as a courtesy.
Conclusion
Based on the Findings of Fact, including the investigation findings, documented violations, reports, photographs, and any additional testimony or evidence presented at the public hearing, 1601
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Massage 111 Appeal
staff recommends that the City Council uphold the revocation of Massage 111’s business license. The appellant’s request for reinstatement, damages, and an apology should be denied, as it is unsupported by any substantive evidence and is contrary to the public interest.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Draft City Council Resolution
2. Massage 111 Business License
3. Code Enforcement Case 24-5896 log
4. Booking Information
5. Images documenting Officers Villanueva’s observations
6. Riverside County Sheriff’s Department press release
7. Notice of Revocation
8. Notice of Appeal
9. Deficiency Notice
10.Amended Notice of Appeal
11. Notice of Appeal Hearing
12.Appellant’s request to postpone hearing
13.Notice of Appeal Hearing
14.Presentation
1602
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPHOLDING THE CITY MANAGER’S
REVOCATION OF THE BUSINESS LICENSE FOR MASSAGE 111,
LOCATED AT 45120 SAN PABLO, SUITE 2A, PALM DESERT
CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, on December 9, 2019, the City of Palm Desert (“City”) issued business license # 13701926 to Haiwei Xia Donkersgoed (“Licensee”) to operate a massage parlor as Massage 111 at 45120 San Pablo, Suite 2A, Palm Desert; and WHEREAS, on November 26, 2024, the Palm Desert Sheriff’s Station Special Enforcement Team (“SET”) and the Riverside County Anti-Human Trafficking Task Force (“RCAHT”) executed a search warrant at Massage 111, resulting in the arrest of the Licensee. The investigation was initiated after a tip about illicit activities at Massage 111, located at 45120 San Pablo, Suite 2A, Palm Desert. The investigation uncovered evidence of prostitution occurring on the premises; and WHEREAS, on November 27, 2024, officially revoking the business license for Massage 111 pursuant to Palm Desert Municipal Code (“PDMC”) Chapter 5.04; and WHEREAS, on December 9, 2024, Attorney George L. Young, Esq., from the Law Offices of George L. Young in Arcadia, California (“Applicant”), submitted a Notice of Appeal on behalf of the Licensee, contesting the revocation of the business license; and WHEREAS, on February 13, 2025, the City Council conducted a hearing to consider the Applicant’s appeal, and duly considered all evidence, testimony of the applicant and interested parties, and the evaluation and recommendation by City staff, at said hearing; and
WHEREAS, all interested parties were afforded the opportunity to rebut the oral and written evidence that City staff presented in support of its position that revocation of the business license was appropriate; and
WHEREAS, members of the public were afforded an opportunity to testify regarding the revocation; and
WHEREAS, the City Council carefully considered all information pertaining to the revocation, including the staff report and attachments, and all the information, evidence, and testimony presented at its public hearing on February 13, 2025December 15, 2022, after which it exercised its independent judgment to revoke the business license; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
WHEREAS, notices of said hearing were made at the time and in the manner required by law.
1603
Resolution No. 2025- ____
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows:
SECTION 1. RECITALS. That the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. SUPPORTING EVIDENCE. The staff report, attachments, and all the information, evidence, and testimony presented at the February 13, 2025, public hearing are incorporated hereto by reference.
SECTION 3. FINDINGS. Based on the Supporting Evidence presented to the City Council at the above-referenced public hearing on February 13, 2025December 15, 2022, including the staff report with attachments and all information presented at the hearing in support of and in opposition to the appeal, the City Council, pursuant to PDMC §5.04.080.D sets forth the following findings:
Finding Number 1. That the licensee has violated any provision of the California Business and Professions Code, Palm Desert Municipal Code, or any emergency order issued by the city manager or city council (PDMC §5.04.070(A)(4)):
a. On November 26, 2024, Code Compliance Officer Villanueva conducted an inspection of the licensed premises and observed several violations of the Palm Desert Municipal Code. Those violations include:
1) Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1). 2) Failure to notify the City Manager of additional massage practitioners employed by the business. Additionally, the California Massage Therapy Council certifications for Zhi Mei Shen and Xiu Xiang Li expired on January 24, 2021, and January 8, 2022, respectively (PDMC §5.87.100 and 5.87.210.T).
3) Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1).
4) Lack of a single-service towel dispenser and a trash receptacle at the washbasin (PDMC §5.87.200.G).
5) Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). 6) Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D).
7) Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I).
8) Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J).
9) Use of non-compliant massage table cover pads that were not made of durable, washable plastic or other waterproof material (PDMC §5.87.210.K).
10)Evidence that individuals were using the establishment for residential 1604
Resolution No. 2025- ____
and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC
§5.87.210.Q).
11)Violation of mandatory requirements set forth in PDMC Chapter 5.87, as detailed in Findings 1-10 above (PDMC §5.87.210.U).
b. The violations were documented with photographs and official reports, confirming that the licensee failed to adhere to the requirements for maintaining a business license.
Finding Number 2. That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee's business (PDMC §5.04.070(A)(7)):
a. On November 26, 20242025, an inspection and review of the licensee’s business operations revealed violations of California Penal Code 315 for maintaining an illicit brothel and the Palm Desert Municipal Code as provided herein, which govern the licensee’s business activities. These violations were documented in Code Enforcement Case Number 24-5900.
b. On that same date, Code Compliance Officer Villanueva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
c. These documented violations provide sufficient grounds for revocation of the license.
Finding Number 3. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public (PDMC §5.04.070(A)(8)):
a. On November 26, 2024, evidence gathered from the Riverside County Sheriff’s Office along with observations by Code Compliance Officer Villavueva confirmed that the licensee’s operation contributed directly to endangering the peace, health, safety, and general welfare of the public.
Specific infractions included operating an illicit brothel, failure to maintain sanitary conditions, and living on the premises, which created a dangerous environment.
b. On that same date, Code Compliance Officer Villaneuva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
c. Based on the documented harm caused by these actions, revocation of the license is necessary to protect the public from further injury.
Finding Number 4. The massage establishment business license holder has been arrested or filing of charges of a crime that would have caused denial of the massage establishment business license (PDMC §5.87.120(A)(1)):
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Resolution No. 2025- ____
a. On November 26, 2024, the licensee was arrested, and criminal charges were filed for maintaining an illicit brothel, a crime that, if known at the time of application, would have led to the denial of the massage establishment business license under PDMC §5.87.120.
b. The crime is classified as a misdemeanor and directly impacts the qualifications required to maintain a massage establishment license. c. Official records, including the Riverside Sheriff’s Press Release and booking information, confirm the charges against the licensee, highlighting the violation of legal standards necessary for obtaining and maintaining a business license.
d. The severity of the criminal charges, coupled with their direct impact on public trust and safety, justifies the revocation of the massage establishment business license.
Finding Number 5. The massage establishment business license holder has engaged in conduct or operated the certified massage establishment or as a massage practitioner in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit. A massage therapist or massage practitioner employed by the massage establishment has been arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, or the premises for which the business license was issued is being operated in an illegal or disorderly manner (PDMC §25.87.120(A)(3)) a. On November 26, 20242025, investigations by the Palm Desert Sheriff’s Station Special Enforcement Team and the Riverside County Anti-Human Trafficking Task Force revealed that the licensee violated provisions of PDMC Chapter 25.87 and other relevant laws. These violations included engaging in activities that led to criminal arrests for offenses involving moral turpitude and operating the establishment in a disorderly or illegal manner. Specifically, the licensee was arrested and booked into the Riverside County Jail for maintaining an illicit brothel, a violation of California Penal Code §315. b. Evidence, including the Riverside Sheriff’s Press Release and booking information confirms that the licensee was arrested for violating California Penal Code §315, which is a crime of moral turpitude as it pertains to operating the business for prostitution.
c. On that same date, Code Compliance Officer inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1. d. As documented, the manner in which the licensee operated the business, constitute grounds for revocation.
Finding Number 6. Violations of this chapter (PDMC Chapter 5) or of the California Business and Professions Code Section 4600 et seq., have occurred on the establishment premises (PDMC §5.87.120(A)(5)):
a. On November 26, 2024, inspections and investigations revealed violations of PDMC Chapter 5.87 and the California Business and Professions Code, 1606
Resolution No. 2025- ____
specifically related to the failure to comply with required standards as provided in Finding 1.
b. Documentation from inspections and code enforcement confirmed that the establishment was operating outside the legal requirements, including unlicensed practitioners and failure to maintain the necessary permits and records.
c. The violations documented in official reports warrant the revocation of the business license, as the establishment did not meet the legal requirements for lawful operation.
Finding Number 7. There is an urgency of immediate action to protect the public from injury or harm (PDMC §5.87.120(A)(8)):
a. On November 26, 20242027, immediate action was deemed necessary to protect the public from unsafe and unlawful conditions at Massage 111, leading to the immediate suspension of the business license. b. Inspections and reports indicated that unsafe conditions existed due to unpermitted construction and unsanitary conditions on the premises. c. These violations were documented through photographs and official inspection notes by Code Compliance Officer Villanueva, who identified the licensee’s failure to obtain the necessary building permits for modifications made to the premises.
d. Additionally, the premises were found to be in a state of squalor, with evidence indicating that individuals were living on the property. This contributed to unsanitary and hazardous conditions, posing a significant risk to the health and safety of both employees and customers.
e. The violations enumerated in Finding 1 confirm noncompliance with the Palm Desert Municipal Code and highlight the serious threat to public health and safety associated with the operation of the business under these conditions. f. Given the immediacy and severity of these risks, urgent action was required to protect the public, further justifying the ultimate revocation of the business license by the City Manager on November 27, 2024.
Finding Number 8. The Licensee’s business operated as a Public Nuisance (PDMC §5.87.240)
a. On November 26, 2024, Code Compliance Officer Villanueva’s inspection revealed violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1. and the business license should be revoked.
SECTION 4. ACTION. Based on the evidence and testimony presented, and the findings contained in Section 3, the City Council does hereby deny the subject appeal filed by Mr. George Young, Esq., and upholds the City Manager’s revocation of the business license for Massage 111.
SECTION 5. FINAL DECISION. Pursuant to PDMC §5.04.080.D, the decision of the city council is final and binding. Judicial review of this decision is subject to the 1607
Resolution No. 2025- ____
provisions and time limits set forth in the California Code of Civil Procedure Section 1094.6 et seq. Failure to seek timely judicial review pursuant to California Code of Civil Procedure section 1094.5 et seq. means all objections to the city council's decision are waived.
Section 6. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of the City of Palm Desert is the custodian of the record of proceedings ADOPTED ON ______2025.
JAN HARNIK
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on ____________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________, 2025. _________________
ANTHONY J. MEJIA
CITY CLERK
1608
MASSAGE 111 APPEAL
CONSIDER AN APPEAL OF THE CITY MANAGER’S REVOCATION OF
THE BUSINESS LICENSE FOR MASSAGE 111 LOCATED AT 45120
SAN PABLO, SUITE 2A, PALM DESERT, CALIFORNIA
CITY COUNCIL
FEBRUARY 13, 2025
1609
Massage 111 - Business License
Issuance: Business License #13701926 issued on 12/09/2019 to operate a massage parlor (see Attachment 2) .
Location: 45120 San Pablo, Suite 2A, Palm Desert
Licensee: Haiwei Xia Donkersgoed
02/13/2025 MASSAGE 111 APPEAL 2
• Only massage therapist on file
• Sole Proprietorship - single individual maintains full control and responsibility for the business
1610
November 26, 2024 - Investigation
▪Palm Desert Sheriff’s Station Special Enforcement Team (SET) and the Riverside County Anti-Human Trafficking Task Force (RCAHT) executed a search warrant at Massage 111.
▪ The investigation stemmed from a tip regarding illicit activities revealing prostitution activities at the business and subsequent undercover operations. ▪Sheriff’s Deputies contacted Code Compliance Officer Paul Villanueva to assist with Palm Desert Municipal Code (PDMC) violations.
▪ Opened Code Enforcement Case 24-5896 (see Attachment 3). ▪Sheriff’s Deputies confirmed Haiwei Xia Donkersgoed was arrested for maintaining an illicit brothel (PC 315) and booked into the Riverside County Jail in Indio (see Attachment 4).
02/13/2025 MASSAGE 111 APPEAL 3
1611
November 26, 2024 - Investigation
According to the Riverside County Sheriff’s Department press release (see Attachment 6):
▪Multiple suspected sex buyers were identified and released pending further investigation.
▪ Two females identified as possible human trafficking victims were located on-site. The individuals received advocacy services and were released.
Code Compliance Officer Villanueva’s observations of on-site living further supports these concerns.
02/13/2025 MASSAGE 111 APPEAL 4
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PDMC Violations
Code Compliance Officer Villanueva observed unauthorized interior construction and evidence of on-site living among other violations.
On November 26, 2024, Massage 111 was declared a Public Nuisance, and notices were issued for PDMC §5.87.120A.3 and building code violations under Case 24-5900 for unpermitted construction.
Images documenting these violations are included in Attachment 5 and as follows.
02/13/2025 MASSAGE 111 APPEAL 5
1613
Massage 111 Business – Documented
Violations from 11/26/2024
02/13/2025 MASSAGE 111 APPEAL 6
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02/13/2025 MASSAGE 111 APPEAL 7
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q). 1615
02/13/2025 MASSAGE 111 APPEAL 8
✓ Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). ✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q). 1616
02/13/2025 MASSAGE 111 APPEAL 9
✓ Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). ✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q). 1617
02/13/2025 MASSAGE 111 APPEAL 10
✓ Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). ✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1618
02/13/2025 MASSAGE 111 APPEAL 11
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I).
✓ Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1619
02/13/2025 MASSAGE 111 APPEAL 12
✓ Failure to notify the City Manager of additional massage practitioners employed by the business (PDMC §5.87.100 and 5.87.210.T).
✓ Additionally, the California Massage Therapy Council certifications for two massage therapists expired on and January 8, 2022, and January 24, 2021, respectively (PDMC §5.04.070(A)(7)). 1620
02/13/2025 MASSAGE 111 APPEAL 13
✓ Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). ✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1621
02/13/2025 MASSAGE 111 APPEAL 14
✓ Use of non-compliant massage table cover pads that were not made of durable, washable plastic or other waterproof material (PDMC §5.87.210.K).
✓ Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1622
02/13/2025 MASSAGE 111 APPEAL 15
✓ Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). ✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1623
02/13/2025 MASSAGE 111 APPEAL 16
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1624
02/13/2025 MASSAGE 111 APPEAL 17
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J). ✓ Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1625
02/13/2025 MASSAGE 111 APPEAL 18
✓ Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). ✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J). ✓ Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). 1626
02/13/2025 MASSAGE 111 APPEAL 19
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J). ✓ Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1627
02/13/2025 MASSAGE 111 APPEAL 20
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J). ✓ Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). ✓ Use of non-compliant massage table cover pads that were not made of durable, washable plastic or other waterproof material (PDMC §5.87.210.K).
1628
02/13/2025 MASSAGE 111 APPEAL 21
✓ Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). ✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J). ✓ Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). 1629
02/13/2025 MASSAGE 111 APPEAL 22
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen" (PDMC §5.87.210.J). ✓ Lack of a single-service towel dispenser and a trash receptacle at the washbasin (PDMC §5.87.200.G). 1630
02/13/2025 MASSAGE 111 APPEAL 23
Building Permit 15-66552 - Approved Plans
1631
02/13/2025 MASSAGE 111 APPEAL 24
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
1632
02/13/2025 MASSAGE 111 APPEAL 25
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
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02/13/2025 MASSAGE 111 APPEAL 26
✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
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✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
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✓ Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). ✓ Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California Building Code §105.1). ✓ Failure to obtain the required building permits for interior modifications made to the premises (California Building Code §105.1).
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Revocation of Business License
November 27, 2024: City Manager Todd Hileman issued a Notice of Revocation (see Attachment 7) pursuant to
PDMC §§ 5.04.070 and 5.87.130 for multiple
code violations.
Licensee was informed of the right to appeal within 15 calendar days per PDMC § 5.04.080(A).
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FINDINGS OF FACT
1. That the licensee has violated any provision of the California Business and Professions Code, Palm Desert Municipal Code, or any emergency orderissued by the city manager or city council (PDMC §5.04.070(A)(4)).
A. On November 26, 2024, Code Compliance Officer Villanueva conducted an inspection of the licensed premises and observed several violations of the Palm Desert Municipal Code. Those violations include:
1) Failure to obtain the required building permits for interior modifications made to the premises (California BuildingCode §105.1). 2) Failure to notify the City Manager of additional massage practitioners employed by the business. Additionally, the California Massage Therapy Council certifications for two massage therapists expired on January 24, 2021, and January 8, 2022, respectively (PDMC §5.87.100 and 5.87.210.T).
3) Failure to obtain plumbing permits for completed work (PDMC §5.87.200.F and California BuildingCode §105.1). 4) Lack of a single-service towel dispenser and a trash receptacle at the washbasin (PDMC §5.87.200.G). 5) Accumulation of dirt and refuse on the floors (PDMC §5.87.200.I). 6) Inadequate equipment for disinfecting and sterilizing materials used in administering massages, including unmarked bottles of liquid, some stored in reused hair dye bottles (PDMC §5.87.210.D). 7) Failure to maintain the establishment in good repair and in a clean and sanitary condition (PDMC §5.87.210.I). 8) Improper storage of towels, linens, and sheets, which were found in piles on massage tables, furniture, and floor instead of in properly marked cabinet or containers labeled "clean linen" and "soiled linen"(PDMC §5.87.210.J). 9) Use of non-compliant massage table cover pads that were not made of durable, washable plastic or other waterproof material (PDMC §5.87.210.K).
10) Evidence that individuals were using the establishment for residential and sleeping purposes, creating unsanitary conditions and hazardous environments for both employees and customers (PDMC §5.87.210.Q). 11) Violation of mandatory requirements set forth in PDMC Chapter 5.87, as detailed in Findings 1-10 above (PDMC §5.87.210.U).
B. The violations were documented with photographs and official reports, confirming that the licensee failed to adhere to the requirements for maintaining a business license.
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FINDINGS OF FACT
2. That the licensee has violated any rule or regulation adopted by any governmental agency relating to the licensee's business (PDMC §5.04.070(A)(7)).
A. On November 26, 2024, an inspection and review of the licensee’s business operations revealed violations of California Penal Code 315 for maintaining an illicit brothel and the Palm Desert Municipal Code as provided herein, which govern the licensee’s business activities. These violations were documented in Code Enforcement Case Number 24-5900.
B. On that same date, Code Compliance Officer Villanueva’s inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
C. These documented violations provide sufficient grounds for revocation of the license.
3. That the licensee has conducted the licensed business in a manner contrary to the peace, health, safety, and the general welfare of the public (PDMC §5.04.070(A)(8)).
A. On November 26, 2024, evidence gathered from the Riverside County Sheriff’s Office along with observations by Code Compliance Officer Villanueva confirmed that the licensee’s operation contributed directly to endangering the peace, health, safety, and general welfare of the public. Specific infractions included operating an illicit brothel, failure to maintain sanitary conditions, and living on the premises, which created a dangerous environment.
B. On that same date, Code Compliance Officer Villanueva's inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
C. Based on the documented harm caused by these actions, revocation of the license is necessary to protect the public from further injury.
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FINDINGS OF FACT
4. The massage establishment business license holder has been arrested or filing of charges of a crime that would have caused denial of the massage establishment business license (PDMC §5.87.120(A)(1)).
A. On November 26, 2024, the licensee was arrested, and criminal charges were filed for maintaining an illicit brothel, a crime that, if known at the time of application, would have led to the denial of the massage establishment business license under PDMC §5.87.120.
B. The crime is classified as a misdemeanor and directly impacts the qualifications required to maintain a massage establishment license.
C. Official records, including the Riverside Sheriff Press Release and booking information, confirm the charges against the licensee, highlighting the violation of legal standards necessary for obtaining and maintaining a business license.
D. The severity of the criminal charges, coupled with their direct impact on public trust and safety, justifies the revocation of the massage establishment business license.
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FINDINGS OF FACT
5. The massage establishment business license holder has engaged in conduct or operated the certified massage establishment or as a massage practitioner in a manner which violates any of the provisions of this chapter, any conditions of the permit, or any of the laws which would have been grounds for denial of the permit. A massage therapist or massage practitioner employed by the massage establishment has been arrested for violating the provisions of Section 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, or the premises for which the business license was issued is being operated in an illegal or disorderly manner. (PDMC §25.87.120(A)(3)).
A. On November 26, 2024, investigations by the Palm Desert Sheriff’s Station Special Enforcement Team and the Riverside County Anti-Human Trafficking Task Force revealed that the licensee violated provisions of PDMC Chapter 25.87 and other relevant laws. These violations included engaging in activities that led to criminal arrests for offenses involving moral turpitude and operating the establishment in a disorderly or illegal manner. Specifically, the licensee was arrested and booked into the Riverside County Jail for maintaining an illicit brothel, a violation of California Penal Code §315 .
B. Evidence, including the law enforcement press release and booking information confirms that the licensee was arrested for violating California Penal Code §315, which is a crime of moral turpitude as it pertains to operating the business for prostitution.
C. On that same date, Code Compliance Officer inspection revealed additional violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding 1.
D. As documented, the manner in which the licensee operated the business, constitute grounds for revocation. 1641
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FINDINGS OF FACT
6. Violations of this chapter or of the California Business and Professions Code Section 4600 et seq., have occurred on the establishment premises. (PDMC §5.87.120(A)(5)).
A. On November 26, 2024, inspections and investigations revealed violations of PDMC Chapter 5.87 and the California Business and Professions Code, specifically related to the failure to comply with required standards as provide in Finding 1.
B. Documentation from inspections and code enforcement confirmed that the establishment was operating outside the legal requirements, including unlicensed practitioners and failure to maintain the necessary permits and records.
C. The violations documented in official reports warrant the revocation of the business license, as the establishment did not meet the legal requirements for lawful operation.
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FINDINGS OF FACT
7. There is an urgency of immediate action to protect the public from injury or harm (PDMC §5.87.120(A)(8)).
A. On November 26, 2024, immediate action was deemed necessary to protect the public from unsafe and unlawful conditions at Massage 111, leading to the immediate suspension of the business license.
B. Inspections and reports indicated that unsafe conditions existed due to unpermitted construction and unsanitary conditions on the premises.
C. These violations were documented through photographs and official inspection notes by Code Compliance Officer Villanueva, who identified the licensee’s failure to obtain the necessary building permits for modifications made to the premises.
D. Additionally, the premises were found to be in a state of squalor, with evidence indicating that individuals were living on the property. This contributed to unsanitary and hazardous conditions, posing a significant risk to the health and safety of both employees and customers.
E. The violations enumerated in Finding 1 confirm noncompliance with the Palm Desert Municipal Code and highlight the serious threat to public health and safety associated with the operation of the business under these conditions.
F. Given the immediacy and severity of these risks, urgent action was required to protect the public, further justifying the ultimate revocation of the business license by the City Manager on November 27, 2024.
8. Conducting a (massage) business as a nuisance (PDMC §5.87.240).
A. On November 26, 2024, Code Compliance Officer Villanueva’s inspection revealed violations of the Palm Desert Municipal Code resulting in the business being declared a public nuisance. Those violations are enumerated in Finding
1. and the business license should be revoked.
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Notice of Appeal
Notice of Appeal - December 2, 2024
George L. Young, Esq., (“Appellant”) from the Law Offices of George L. Young in Arcadia, CA, submitted a Notice of Appeal (see Attachment 8).
Deficiency Notice - December 4, 2024
City Clerk Anthony Meija issued a deficiency notice (see Attachment 9), citing failure to meet PDMC § 2.72.020(C) requirements, including:
1. The specific decision being appealed
2. The specific grounds for the appeal
3. The relief or action requested from the City Council 02/13/2025 MASSAGE 111 APPEAL 36
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Amended Notice of Appeal
Amended Notice of Appeal - December 9, 2024
Appellant submitted an Amended Notice of Appeal (see Attachment 10), stating:
1. Decision being appealed: Revocation of Business License #13705141 issued on November 27, 2024.
2. Grounds for appeal: The cited violations were “blatantly false.”
3. Requested relief: License reinstatement, compensation for damages, and a formal apology from the City of Palm Desert for revoking her business license without good cause and without due process. 02/13/2025 MASSAGE 111 APPEAL 37
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Scheduling of Appeal Hearing
December 12, 2024 - City Clerk Meija sent a notice scheduling the public hearing for the appellant's appeal (see Attachment 11), in accordance with PDMC §2.72.030.
December 14, 2024 – Appellant provided a written notice requesting that the appeal be moved to February 2025 due to a scheduling conflict and inquiring about the possibility of a virtual appearance (see Attachment 12).
December 16, 2024 - City Clerk Meija provided a new hearing notice setting the public hearing on the appeal for February 13, 2025, to accommodate the appellant's request (see Attachment 13).
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Staff’s Response to Amended Notice
of Appeal
1. Appellant’s Claim of False Violations
A. The Appellant’s claim that the violations are “blatantly false” suggests that the Sheriff’s investigation/search warrant, arrest of the licensee, and Code Compliance Officer Villanueva’s investigation were untrue.
B. Documented evidence, attachments, photographs, and testimony confirm that the revocation was based on verifiable facts, not mere allegations.
C. Appellant failed to provide any evidence, affidavits/statements, or factual arguments to refute the findings, only an assertion that staff’s findings are “blatantly false.”
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Staff’s Response to Amended Notice
of Appeal
2. Contradiction with PDMC
A. The requested relief, which includes reinstatement of the business license, contradicts the PDMC, which is specifically designed to protect public health, safety, and welfare.
B. Allowing the reinstatement would undermine the purpose of the PDMC and fail to address the public nuisance created by the licensee’s actions.
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Staff’s Response to Amended Notice
of Appeal
3. Due Process Claim
A. The Appellant’s statement of lack of due process is baseless. Licensee was informed of right to appeal.
B. The Appellant was provided with an ample opportunity to challenge the revocation.
C. Rather than presenting factual rebuttals, the Appellant again resorted to baseless claims without any supporting evidence.
D. At the Appellant’s request, the hearing date was postponed accommodating his scheduling conflicts, demonstrating that due process was not only provided but extended as a courtesy. 02/13/2025 MASSAGE 111 APPEAL 41
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Conclusion
1. Based on the Findings of Fact, including the investigation findings, documented violations, reports, photographs, and additional testimony or evidence presented at the public hearing, staff recommends that the City Council uphold the revocation of Massage 111’s business license.
2. The appellant’s request for reinstatement, damages, and an apology should be denied, as it is unsupported by any substantive evidence and is contrary to the public interest.
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Recommendation
02/13/2025
1. Find that the staff report, including attachments,
this presentation, and any additional evidence
provided at the hearing provides satisfactory
evidence that the that the City Manager’s decision
to revoke the business license for Massage 111 was
correct.
2. Adopt a Resolution entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, UPHOLDING THE CITY MANAGER’S
REVOCATION OF THE BUSINESS LICENSE FOR
MASSAGE 111, LOCATED AT 45120 SAN PABLO,
SUITE 2A, AND MAKING FINDINGS IN SUPPORT
THEREOF.”
MASSAGE 111 APPEAL 43
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