RESOLUTION NO. 2024-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S approval of a request by the City of Visalia, pursuant to Municipal Code section 17.38.040, to revoke Conditional Use Permit No. 2019-27, which allowed the operation of a massage therapy business at 500 South Santa Fe Street, located in the O-C (Office Conversion) zone (APN: 097-121-023).
WHEREAS, Conditional Use Permit No. 2019-27 was a request to allow a massage therapy establishment in the Office Conversion (O-C) zone located at 500 South Santa Fe Street (APN: 097-121-023); and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on September 9, 2019, and found the Conditional Use Permit No. 2019-27, as conditioned, to be in accordance with Chapter 17.38.110 of the Zoning Ordinance of the City of Visalia based on the evidence contained in the staff report and testimony presented at the public hearing; and WHEREAS, on June 7, 2024, Code Enforcement Officers with the Neighborhood Preservation Division conducted a site inspection of the massage establishment located at 500 South Santa Fe Street as part of its program of compliance inspections for massage therapy uses, and upon inspection of the business found violations of Visalia Municipal Code Chapters 5.68, 8.20, 15.08, 15.20, 15.24, 15.28, 17.25, 17.38, violations of City Council Urgency Ordinance No. 2024-05, and violations of Conditional Use Permit No. 2019-27 conditions of approval. A Cease-and-Desist order was issued and posted on the business door and the business was ordered to cease operations until further notice; and WHEREAS, on June 21, 2024, a Notice of Conditional Use Permit Suspension letter, pursuant to Section 17.38.040 of the Zoning Ordinance, was sent by certified mail to both the property owner and business operator informing them that the conditional use permit is being suspended and a public hearing was being set to determine if the conditional use permit should be revoked; and WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, did hold a public hearing before said Commission on August 12, 2024; and WHEREAS, the Planning Commission of the City of Visalia considered the request for revocation of Conditional Use Permit No. 2019-27 in accordance with Sections 17.38.040, 17.38.080, 17.38.090, 17.38.100 and 17.38.110 of the Zoning Ordinance of the City of Visalia and approved the revocation request; and WHEREAS, an appeal of the Planning Commission’s approval of the revocation of Conditional Use Permit No. 2019-27 was received on August 19, 2024, stating that the violations did not warrant revocation of the Conditional Use Permit; and WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice held a public hearing before said Council on September 16, 2024; and, WHEREAS, the City Council of the City of Visalia has considered the appeal of the revocation of Conditional Use Permit No. 2019-27 in accordance with Sections 17.38.040, 17.38.080, 17.38.090, 17.38.100 and 17.38.110 of the Zoning Ordinance of the City of Visalia; and WHEREAS, the City Council of the City of Visalia finds the owner/operator of said massage therapy establishment to be in violation of the terms and conditions of approval of the Conditional Use Permit based on the evidence contained in the staff report and testimony presented at the public hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia makes the following specific findings based on the evidence presented:
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.
That continuing to allow a massage establishment under the current Conditional Use Permit may have a negative impact on surrounding businesses and neighborhood due to the repeated failures of massage establishments at this location to meet applicable requirements.
That the Notice of Conditional Use Permit Suspension was issued by the City of Visalia on June 21, 2024, pursuant to Section 17.38.040 of the Zoning Ordinance.
BE IT FURTHER RESOLVED that the City Council upholds the Planning Commission’s decision and denies the appeal, on the real property herein above described in accordance with Chapter 17.38.130 of the City of Visalia Municipal Code.