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Home My WebLink AboutAB0442- Dorta Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: January 25, 2023 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT MICHAEL DORTA IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1261 LINDA VISTA DR., PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Lauren Dorta has requested an appeal of the permanent ineligibility to operate a Vacation Rental in the City of Palm Springs and administrative fine of $5,000.00 for operating an unregistered Vacation Rental property located at 1261 Linda Vista Dr., Palm Springs. RECOMMENDATION: 1) Open the Appeal Hearing and accept public testimony. 2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF MC REVOCABLE LIVING TRUST FOR THE PROPERTY LOCATED AT 1261 LINDA VISTA DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0442 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report January 25, 2023 Vacation Rental Appeal – 1261 Linda Vista Dr., Palm Springs BACKGROUND On October 13, 2022, the Department of Special Program Compliance received a completed application for a Vacation Rental Registration Certificate for the property located at 1261 Linda Vista Dr., Palm Springs, CA 92262. On November 2, 2022, a Code Compliance Officer completed a safety inspection of the property which resulted in a passed safety inspection. The safety inspection includes a message from the Code Compliance Officer stating “******** IMPORTANT MESSAGE FOR NEW APPLICANTS ******** DO NOT ADVERTISE OR RENT YOUR PROPERTY SHORT TERM UNTIL YOU HAVE RECEIVED WRITTEN AUTHORIZATION FROM THE DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE. PASSING THIS SAFETY INSPECTION DOES NOT GRANT PERMISSION TO ADVERTISE, OPERATE OR RENT YOUR PROPERTY SHORT TERM. ATTACHMENT 5 On December 21, 2022, a Code Compliance Officer issued administrative citation AB0442 for operating a Vacation Rental without a Vacation Rental Certificate STAFF ANALYSIS: The owner for the property located at 1261 Linda Vista Dr., Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on December 21, 2022. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 1261 Linda Vista Dr., as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/776245175684787767 listed as “*NEW* Stylish House with Pool, Spa & Huge Lot” ATTACHMENT 6 2. Advertisement Airbnb.com/rooms/776245175684787767 offers 3-night minimum. ATTACHMENT 6 3. A Code Compliance Officer submitted an online booking inquiry to stay during the dates February 11, 2023, to February 15, 2023 (4-nights); ATTACHMENT 7 4. A response was received by the Code Compliance Officer confirming availability for the dates February 11, 2023, to February 15, 2023 (4-nights); ATTACHMENT 7 Staff finds that the advertisement found on Airbnb.com/rooms/776245175684787767 and inquiry affirmation for the dates February 11, 2023, to February 15, 2023 (4-nights) for stay at property 1261 Linda Vista Dr., is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0442, in the amount of $5,000, to Michael Dorta, the owner on title, for operating a Vacation Rental without a Vacation Rental Registration Certificate. The Administrative Citation was mailed by the Department of Special Program Compliance staff to the mailing address on title. Administrative Appeals Board Staff Report January 25, 2023 Vacation Rental Appeal – 1261 Linda Vista Dr., Palm Springs The following Palm Springs Municipal Codes sections and Regulations are applicable to this matter. The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows: "Vacation Rental" means a single-family dwelling, or any portion thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the Owner being present for a period of twenty-eight (28) consecutive days or less,…” Palm Springs Municipal Code §5.25.040(a) reads as follows: The operation of a Vacation Rental or a Homeshare Interest without a Vacation Rental Registration Certificate is prohibited. Palm Springs Municipal Code §5.25.090(c) reads as follows regarding the administrative fine: (c) Any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City for the payment of transient occupancy tax pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including without limitation penalties and interest, payment of an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City…” Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining “Operation” of a Vacation Rental to include the following: 1. “Advertisement” of the property means on any web based advertising, hosting platform, print media, bulletin, signage, radio, and television or on any other medium for the purposes of promoting interest in, testing the market for, or soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days or less. 2. An owner, agent or other representative of the owner has an interest in rental, exchange, trade, gift, or grant of a guest stay at a property of less than twenty-eight (28) consecutive days or less. 3. An owner, agent or any other representative of the owner interacts with another party whether directly or indirectly through personal or digital/electronic contact with the intent to provide availability of the property for occupancy of 28 days or less, or to complete a rental and/or reservation of the property for future occupancy of 28 days or less.” Administrative Appeals Board Staff Report January 25, 2023 Vacation Rental Appeal – 1261 Linda Vista Dr., Palm Springs Administrative Regulation “Authority for the Issuance of Administrative Citations” dated 08/2014 reads as follows: “Vacation Rental Enforcement Officials are hereby authorized to issue, an Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm Springs Municipal Code without first complying with the pre-citation or courtesy notice requirements contained in PSMC Section 1.06.030.” Patrick Clifford Executive Program Administrator Department of Special Program Compliance Attachments: AB0442 Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative citation Appeal Letter 3 Administrative citation AB0442 & citation letter 4 Copy of Safety Inspection 5 Copy of the Airbnb.com/rooms/776245175684787767 advertisement 6 Copy of Code Compliance Inquiry 7 Copy of the title report 8 THIS PORTION OF PAGE BLANK ATTACHMENT 1 RESOLUTION NO. ____ Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE DECISION THAT MICHAEL DORTA IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 1261 LINDA VISTA DR., PALM SPRINGS, CALIFORNIA Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS Michael Dorta did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 1261 Linda Vista Dr., Palm Springs, pursuant to Palm Springs Municipal Code Chapter 5.25; and WHEREAS, any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City, Palm Springs Municipal Code 5.25.090 (c); and WHEREAS, “Operation” of a Vacation Rental as used in Palm Springs Municipal Code Section 5.25 includes “Advertisement” of the property on any web based advertising, hosting platform, print media, bulletin, signage, radio and television or any other medium for the purposes of promoting interest in, testing the market for, or soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0442 operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on December 21, 2022 to Michael Dorta for the property located at 1261 Linda Vista Dr., Palm Springs; and WHEREAS, Lauren Dorta, filed an administrative appeal of the Administrative Citation No. AB0442 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 1261 Linda Vista Dr., Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on January 25 2023; and WHEREAS, the Administrative Appeals Board was presented evidence that MICHAEL DORTA violated Section 5.25.040(a) of the Palm Springs Municipal Code by Resolution No. Page 2 an advertisement on Airbnb.com/rooms/776245175684787767 for the property located at 1261 Linda Vista Dr., Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Michael Dorta violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 1261 Linda Vista Dr., Palm Springs and confirmed a period less than twenty-eight (28) days; December 13, 2022 to December 17, 2022 (4-nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on January 25, 2023; and THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due consideration given to the relevancy, weight and credibility of testimony and evidence, and based upon a preponderance of the evidence in accordance with the Board’s procedures, as follows: SECTION 1. The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Michael Dorta is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1261 Linda Vista Dr., Palm Springs and the fine of $5,000. The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board overturns the administrative decision that Michael Dorta is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 1261 Linda Vista Dr., Palm Springs and the fine of $5,000 Resolution No. Page 3 SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy of this Resolution to each party and to file a disposition report with the Palm Springs City Council. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS ADMINISTRATIVE APPEALS BOARD THIS DAY OF 2023. Michael Paonessa Chair ATTEST: Brenda Pree City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a meeting of the Administrative Appeals Board of the City of Palm Springs on the day of , by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of . Brenda Pree City Clerk ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 Wednesday, November 2, 2022 Vacation Rental Safety Inspection Report PROPERTY STATUS: PASSED SAFETY INSPECTION - Congratulations! Your Vacation Rental/Homeshare has PASSED the Vacation Rental/Homeshare Safety Inspection. There is no additional action needed on your part. VR Property Owner's/Agent Name: Lauren Dorta Property Type: Single Family & Townhouse with Private Pool (Not condominium)Owner's/Agent's Phone Number: Owner's/Agent's Email: Please select PASS or CORRECTION NEEDED for each item. If a CORRECTION NEEDED is selected, please specify the reason in that same box or in the Notes box. Code Compliance Officer Name: David Williams Vacation Rental/Homeshare Address: 1261 LINDA VISTA RD 92262 Code Compliance Officer's Email: david.williams@palmspringsca.gov Type of Inspection? New Applicant 1. Unit address number must be clearly and easily visible from the street view on the unit structure or component of the structure. Address numbers may not be less than 4 inches tall. PASS 2. Number of Bedrooms: 4 Bedroom #1 PASS 1 Bedroom #2 PASS Bedroom #4 PASS Bedroom #3 PASS 3. Smok e Alarms present in the hallwa y lea ding to be drooms, a nd 1 at the top of the stairs (if a pplicable). (City Ordina nce 1833, 2013 California Fire Code, Subsection 907.2.11.6 and California Health & Safety Code 13113.8.) PASS 4. Minimum of 1 Ca rbon Monoxide Alarm present, operationa l and in close proximity to the bedrooms. Plug in Ca rbon Monoxide Alarms a re not permitted. Carbon Monoxide alarms must be wall/ceiling mounted and may be a Carbon Monoxide (CO) & Smok e Combination Alarm. This section shall not apply if the property ha s no fossil fuel burning applia nces, furna ces or fireplace s, AND has a detached garage. (CFC 915) PASS 5. All cook ing area s shall have a fire extinguisher with a minimum rating of 2A-10BC in a permanently mounted, unobstructed, accessible and labe led (lettering a minimum of 1”) location, a nd sha ll be no further than 20 ft. from the cooking a ppliance. One FX can service 2 cooking locations. PASS 6. No fire e xtinguishers shall be older than 6 ye a rs from the date of ma nufa cture. PASS 2 7. Le gible sign poste d at least 9”x 6”, “SWIM AT YOUR OWN RISK” visible from a ll doors leading to the pool a re a . Sign lettering size must be no less than 1 inch. PASS Inspe ctor notes: ******** IMPORTA N T ME SSA GE FOR N E W APPLICA N TS ******** DO N OT ADV E RTISE OR RE NT YOU R PROPE RTY SH ORT TE RM U N TIL YOU HAV E RE C E IV E D WRITTE N A UTH ORIZATION FROM THE DE PARTME N T OF SPE C IAL PROGRA M COMPLIA N CE . PA SSIN G TH IS SAFE TY IN SPE CTION IN SPE CTION DOE S N OT GRANT PE RMISSION TO AD V E RTISE , OPE RATE OR RE N T YOUR PROPE RTY SH ORT TE RM. PASSIN G TH IS SA FE TY INSPE C TION INSPE CTION DOE S NOT GUARA N TE E THE ISSU ANC E OF A PE RMIT/CE RTIFIC ATE . POOL SECTION 11. Pool & Spa GFCI receptacle properly reset a t the time of the inspection. PASS 10. All side ga tes le a ding into the pool a rea must have a work ing, self-closing spring a nd a latching device. (The side gates leading into the pool area must ha ve a self-closing,self-la tching device. The gate must open outwa rd away from thepool. The latching sha ll be no less than 54” high OR it must be loca ted on the pool side of the gate, 3” or more below the top of gate) PASS 8. Telescoping rescue pole(can be a skimmer pole ) is present and visible from the pool a rea PASS 9. All doors leading to the pool a rea s must have an audible sound whenever opene d and heard throughout the home. An ala rm device ma y not be insta lled lower tha n 60 inches from the floor. PASS Any outstanding Code Violations per Building & Safety Dept? N O ANY ADDI TIONAL NOTES BY THE I NSPECTOR: YE S 3 ATTACHMENT 6 ATTACHMENT 7 ATTACHMENT 8