HomeMy WebLinkAboutAB0430 - Mayoral Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: February 22, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT MC REVOCABLE
LIVING TRUST 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 830
ARROYO VISTA DR., PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Maria Isabel Correyero Mayoral 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 830 Arroyo 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 830 ARROYO VISTA DR., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0430 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
February 22, 2023
Vacation Rental Appeal – 830 Arroyo Vista Dr., Palm Springs
BACKGROUND
On September 1, 2022, the Department of Special Program Compliance received a
completed application for a Vacation Rental Registration Certificate for the property
located at 830 Arroyo Vista Dr., Palm Springs, CA 92262.
On September 26, 2022, a Code Compliance Officer completed a safety inspection of the
property which resulted in a failed safety inspection. On October 11, 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 November 30, 2022, a Code Compliance Officer issued administrative citation
AB0430 for operating a Vacation Rental without a Vacation Rental Certificate
STAFF ANALYSIS:
The owner for the property located at 830 Arroyo 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 November 21, 2022.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 830 Arroyo 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/619683796872095800 listed as “Twin Palms
Villa | Pool + Game Room” ATTACHMENT 6
2. Advertisement Airbnb.com/rooms/619683796872095800 offers 2-night
minimum. ATTACHMENT 6
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates December 13, 2022, to December 17, 2022 (4-nights);
ATTACHMENT 7
4. A response was received by the Code Compliance Officer confirming
availability for the dates December 13, 2022, to December 17, 2022 (4-nights);
ATTACHMENT 7
Staff finds that the advertisement found on Airbnb.com/rooms/619683796872095800 and
inquiry affirmation for the dates December 13, 2022 to December 17, 2022 (4-nights) for
stay at property 830 Arroyo Vista Dr., is in violation of §5.25.040(a) and proceeded to
issue Administrative Citation AB0430, in the amount of $5,000, to MC Revocable Living
Administrative Appeals Board Staff Report
February 22, 2023
Vacation Rental Appeal – 830 Arroyo Vista Dr., Palm Springs
Trust, 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.
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
Administrative Appeals Board Staff Report
February 22, 2023
Vacation Rental Appeal – 830 Arroyo Vista Dr., Palm Springs
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:
“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:
AB0430 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0430 & citation letter 4
Copy of Safety Inspections 5
Copy of the Airbnb.com/rooms/619683796872095800 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 MC REVOCABLE
LIVING TRUST 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 830 ARROYO 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 MC REVOCABLE LIVING TRUST did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 830 Arroyo 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. AB0430 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on November 30, 2022 to
MC REVOCABLE LIVING TRUST for the property located at 830 Arroyo Vista Dr., Palm
Springs; and
WHEREAS, Maria Isabel Correyero Mayoral, filed an administrative appeal of the
Administrative Citation No. AB04230 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
830 Arroyo Vista Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 22, 2023; and
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that MC
REVOCABLE LIVING TRUST 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 830 Arroyo Vista Dr., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence MC
REVOCABLE LIVING TRUST violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 830 Arroyo
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 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 MC
REVOCABLE LIVING TRUST is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 830
ARROYO 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 MC
REVOCABLE LIVING TRUST is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 830
ARROYO 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
Monday, September 26, 2022
Vacation Rental Safety Inspection
Report
PROPERTY STATUS:
PROPERTY FAILED INSPECTION - The Vacation Rental/Homeshare inspection has been completed
for your property. Your property requires CORRECTIVE ACTION. Once the items have been
corrected and addressed at your Vacation Rental/Homeshare property please contact our office.
Should you fail to correct the items listed below or fail to contact our Vacation Rental Compliance
Department after corrections have been made, the Vacation Rental Registration Certificate may be
suspended or permanently revoked. Please contact Vacation Rental Code Compliance Desk after
the correction have been completed or if you have any additional questions at 760-322-8378.
CORRECTIVE ITEMS TO BE COMPLETED BY DATE BELOW:
DATE CORRECTIONS TO BE COMPLETED BY:
Monday, October 10, 2022
VR Property Owner's/Agent Name:
Maria Mayoral
Property Type:
Single Family & Townhouse with Private Pool
(Not condominium)Owner's/Agent's Phone Number:
Owner's/Agent's Email:
@gmail.com
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:
830 ARROYO VISTA DR
92264
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:
3
1
Bedroom #1
PASS
2
Bedroom #2
PASS
Bedroom #3
PASS
3. Smoke Alarms present in the hallway leading to bedrooms, and 1 at the top of the stairs (if
applicable). (City Ordinance 1833, 2013 California Fire Code, Subsection 907.2.11.6 and
California Health & Safety Code 13113.8.)
PASS
4. Minimum of 1 Carbon Monoxide Alarm present, operational and in close proximity to the
bedrooms. Plug in Carbon Monoxide Alarms are not permitted. Carbon Monoxide alarms must
be wall/ceiling mounted and may be a Carbon Monoxide (CO) & Smoke Combination Alarm.
This section shall not apply if the property has no fossil fuel burning appliances, furnaces or
fireplaces, AND has a detached garage. (CFC 915)
PASS
5. All cooking areas shall have a fire extinguisher with a minimum rating of 2A-10BC in a
permanently mounted, unobstructed, accessible and labeled (lettering a minimum of 1”)
location, and shall be no further than 20 ft. from the cooking appliance. One FX can service 2
cooking locations.
PASS
6. No fire extinguishers shall be older than 6 years from the date of manufacture.
PASS
3
7. Legible sign posted at least 9”x 6”, “SWIM AT YOUR OWN RISK” visible from all doors
leading to the pool area. Sign lettering size must be no less than 1 inch.
PASS
#10 OTHER NOTES OR CORRECTION:
Side gate must be self closing and self latching.
Inspector notes:
******** 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.
FAIL. WILL SCHEDULE REINSPECTION.
POOL SECTION
11. Pool & Spa GFCI receptacle properly reset at the time of the inspection.
PASS
10. All side gates leading into the pool area must have a working, self-closing spring and a
latching device. (The side gates leading into the pool area must have a self-closing,self-latching
device. The gate must open outward away from thepool. The latching shall be no less than
54” high OR it must be located on the pool side of the gate, 3” or more below the top of gate)
CORRECTION NEEDED
8. Telescoping rescue pole(can be a skimmer pole) is present and visible from the pool area
PASS
9. All doors leading to the pool areas must have an audible sound whenever opened and heard
throughout the home. An alarm device may not be installed lower than 60 inches from the
floor.
PASS
Any outstanding Code Violations per Building &
Safety Dept?
NO
ANY ADDITIONAL NOTES BY THE INSPECTOR:
YES
4
Tuesday, October 11, 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:
Maria Mayoral
Property Type:
Single Family & Townhouse with Private Pool
(Not condominium)Owner's/Agent's Phone Number:
Owner's/Agent's Email:
@gmail.com
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:
830 ARROYO VISTA DR
92264
Code Compliance Officer's Email:
david.williams@palmspringsca.gov
Type of Inspection?
Corrective Re-Inspection
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:
3
Bedroom #1
PASS
1
Bedroom #2
PASS
Bedroom #3
PASS
3. Smoke Alarms present in the hallway leading to bedrooms, and 1 at the top of the stairs (if
applicable). (City Ordinance 1833, 2013 California Fire Code, Subsection 907.2.11.6 and
California Health & Safety Code 13113.8.)
PASS
4. Minimum of 1 Carbon Monoxide Alarm present, operational and in close proximity to the
bedrooms. Plug in Carbon Monoxide Alarms are not permitted. Carbon Monoxide alarms must
be wall/ceiling mounted and may be a Carbon Monoxide (CO) & Smoke Combination Alarm.
This section shall not apply if the property has no fossil fuel burning appliances, furnaces or
fireplaces, AND has a detached garage. (CFC 915)
PASS
5. All cooking areas shall have a fire extinguisher with a minimum rating of 2A-10BC in a
permanently mounted, unobstructed, accessible and labeled (lettering a minimum of 1”)
location, and shall be no further than 20 ft. from the cooking appliance. One FX can service 2
cooking locations.
PASS
6. No fire extinguishers shall be older than 6 years from the date of manufacture.
PASS
2
7. Legible sign posted at least 9”x 6”, “SWIM AT YOUR OWN RISK” visible from all doors
leading to the pool area. Sign lettering size must be no less than 1 inch.
PASS
Inspector notes:
******** 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 INSPECTION DOES NOT GRANT PERMISSION TO ADVERTISE, OPERATE OR
RENT YOUR PROPERTY SHORT TERM.
POOL SECTION
11. Pool & Spa GFCI receptacle properly reset at the time of the inspection.
PASS
10. All side gates leading into the pool area must have a working, self-closing spring and a
latching device. (The side gates leading into the pool area must have a self-closing,self-latching
device. The gate must open outward away from thepool. The latching shall be no less than
54” high OR it must be located 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 area
PASS
9. All doors leading to the pool areas must have an audible sound whenever opened and heard
throughout the home. An alarm device may not be installed lower than 60 inches from the
floor.
PASS
Any outstanding Code Violations per Building &
Safety Dept?
NO
ANY ADDITIONAL NOTES BY THE INSPECTOR:
YES
3
ATTACHMENT 6
ATTACHMENT 7
ATTACHMENT 8