HomeMy WebLinkAboutAB0381;AB0445 - Saffarian Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: February 22, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT ELEHAH
SAFFARIAN IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION
RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE
FINES OF $5,000 AND $10,000 FOR OPERATING AN UNREGISTERED
VACATION RENTAL PROPERTY LOCATED AT 748 MIRA GRANDE,
PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Elehah Saffarian has requested an appeal of the permanent ineligibility to operate a
Vacation Rental in the City of Palm Springs and administrative fines of $5,000.00 and
$10,000 for operating an unregistered Vacation Rental property located at 748 Mira
Grande, 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 ELEHAH SAFFARIAN FOR THE PROPERTY LOCATED AT 748
MIRA GRANDE, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATIONS AB0381 ISSUED IN THE AMOUNT OF $5,000,
AB0445 ISSUED IN THE AMOUNT OF $10,000 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
February 22, 2023
Vacation Rental Appeal – 748 Mira Grande., Palm Springs
STAFF ANALYSIS:
The owner for the property located at 748 Mira Grande, Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violations on April 25, 2022, and December 19, 2022.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 748 Mira Grande, as a Vacation Rental from elements as
follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/600317317138577236 listed as “Cheerful
Three Bedroom House” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/600317317138577236 shows 1 review.
ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates May 20, 2022, to May 30, 2022 (10-nights); ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates May 20, 2022, to May 30, 2022 (10-nights);
ATTACHMENT 6
5. Advertisement Airbnb.com/rooms/600317317138577236 listed as “Gated
Palm Springs Oasis” ATTACHMENT 7
6. Advertisement Airbnb.com/rooms/600317317138577236 offers 2-night
minimum. ATTACHMENT 7
7. Advertisement Airbnb.com/rooms/600317317138577236 shows 28 reviews.
ATTACHMENT 7
8. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates December 13, 2022, to December 17, 2022 (4-nights);
ATTACHMENT 8
9. A response was received by the Code Compliance Officer confirming
availability for the dates December 13, 2022, to December 17, 2022 (4-nights);
ATTACHMENT 8
Staff finds that the advertisement found on Airbnb.com/rooms/600317317138577236 and
inquiry affirmations for the dates May 20, 2022, to May 30, 2022 (10-nights) and
December 13, 2022 to December 17, 2022 (4-nights) for stay at property 748 Mira
Grande, is in violation of §5.25.040(a) and proceeded to issue Administrative Citations
AB0381 on April 25, 2022 in the amount of $5,000 and AB0445 on December 19, 2022
in the amount of $10,000, to Elehah Saffarian, the owner on title, for operating a Vacation
Rental without a Vacation Rental Registration Certificate. The Administrative Citations
were mailed by the Department of Special Program Compliance staff to the mailing
address on title.
The following Palm Springs Municipal Codes sections and Regulations are applicable to
this matter.
Administrative Appeals Board Staff Report
February 22, 2023
Vacation Rental Appeal – 748 Mira Grande., Palm Springs
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 Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2014 reads as follows:
Administrative Appeals Board Staff Report
February 22, 2023
Vacation Rental Appeal – 748 Mira Grande., Palm Springs
“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:
AB0381 and AB0445 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0381 and AB0445 & citation letter 4
Airbnb.com/rooms/600317317138577236 advertisement – 4.25.22 5
Copy of Code Compliance Inquiry - 4.23.22 6
Airbnb.com/rooms/600317317138577236 advertisement – 12.19.22 7
Copy of Code Compliance Inquiry - 12.19.22 8
Copy of the title report 9
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 ELEHAH SAFFARIAN
IS PERMANENTLY INELIGIBLE TO OPERATE A
VACATION RENTAL IN THE CITY OF PALM SPRINGS
AND THE ADMINISTRATIVE FINE OF $5,000 AND
$10,000 FOR OPERATING AN UNREGISTERED
VACATION RENTAL PROPERTY LOCATED AT 748 MIRA
GRANDE, 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 Elehah Saffarian did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 748 Mira Grande., 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. AB0381 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on April 25, 2022, to
Elehah Saffarian for the property located at 748 Mira Grande, Palm Springs; and
WHEREAS, Administrative Citation No. AB0445 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on December 19, 2022,
to Elehah Saffarian for the property located at 748 Mira Grande, Palm Springs; and
WHEREAS, Elehah Saffarian, filed an administrative appeal of the Administrative
Citation No. AB0381 and AB0445 for operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
748 Mira Grande, Palm Springs with the City Clerk; and
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 22, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Elehah Saffarian violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement on Airbnb.com/rooms/619683796872095800 for the property located
at 748 Mira Grande., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Elehah
Saffarian violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 748 Mira Grande., Palm
Springs and confirmed a period less than twenty-eight (28) days; May 20, 2022, to May
30, 2022 (10-nights); and
WHEREAS, the Administrative Appeals Board was presented evidence Elehah
Saffarian violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 748 Mira Grande., 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 February 22,
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
Elehah Saffarian is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 748 Mira Grande., 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
Elehah Saffarian is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 748 Mira Grande., Palm
Springs and the fine of $5,000
The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Elehah Saffarian is permanently ineligible to operate a Vacation Rental in the
Resolution No.
Page 3
City of Palm Springs, including the property located at 748 Mira Grande., Palm
Springs and the fine of $10,000.
The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board overturns the administrative decision that
Elehah Saffarian is permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 748 Mira Grande., Palm
Springs and the fine of $10,000
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:
Resolution No.
Page 4
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
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