CITY OF VISALIA
CITY COUNCIL HEARING
September 16, 2024
Appeal of the Revocation of Conditional Use Permit No. 2019-27: Massage Use City of Visalia - Planning Division
City of Visalia - Planning Division
500 South Santa Fe Street
Request: City Council consider an appeal of the Planning Commission’s approval of a request by the City of Visalia to revoke Conditional Use Permit No. 2019-27.
Recommendation: City Council deny the appeal and uphold the Planning Commission’s approval of the revocation request.
City of Visalia - Planning Division
CUP approved September 9, 2019.
Permitted massage therapy business in O-C (Office Conversion) Zone.
One licensed masseuse.
Three massage rooms.
Mon – Sun, 9:00am – 9:00pm.
Conditions of Approval:
Removal and/or permitting of storage container, fencing. 500 South Santa Fe Street
BACKGROUND
NOBLE
SANTA FE
August 12, 2024.
Staff recommend approval of the revocation request.
Public comment in opposition was received from attorney Roger Wilson, stating:
Removal of unpermitted structures under authority of property owner, not tenant.
City neglected to employ civil penalties to compel compliance, instead opting for more drastic measures.
Building issues identified by the City, such as unpermitted construction of a shower, had already been rectified through removal.
Compliance with City requirements was difficult due to the lack of interpreters.
The City should apply civil penalties and conduct more frequent inspections instead of revocation.
The Planning Commission approved the request to revoke Conditional Use Permit No. 2019-27 by a 5 to 0 vote.
Appeal filed August 19, 2024, on the basis that revocation was not warranted.
PLANNING COMMISSION MEETING
June 21, 2024 – Neighborhood Preservation staff conducted site inspection, discovered numerous CUP and Municipal Code violations:
CUP Conditions of Approval:
Failure to obtain a Building Permit for an unpermitted gate and fencing; Failure to remove an unpermitted sea train container;
Use of a commercial building for residential purposes without a CUP.
Building and Fire Code violations:
Construction of a shower without a Building Permit;
Use of a commercial building for residential purposes without permits; Improper storage of fire extinguishers, lack of smoke/carbon monoxide detectors.
Business Regulation violations:
Unregistered massage employee onsite;
Lack of California Massage Therapy Council (CAMTC) certification.
Cease and Desist issued June 7, 2024, followed by CUP suspension June 21, 2024.
City of Visalia - Planning Division
REVOCATION REQUEST
REVOCATION REQUEST
REVOCATION REQUEST
EVIDENCE OF CUP / CODE VIOLATIONS
Unpermitted construction of shower.
Areas of facility set up for human habitation.
Construction without permits / unsafe conditions.
Staff recommends the City Council deny the appeal and uphold the Planning Commission’s approval of the revocation of Conditional Use Permit No. 2019-27.
STAFF RECOMMENDATION
City of Visalia - Planning Division
RECOMMENDATION
That the massage establishment is in violation of Conditional Use Permit No. 2019-27, Title 5 Business Regulations Chapter 5.68 “Massage Establishments” of the Visalia Municipal Code, and state and local regulations.
BASIS FOR DECISION