HomeMy WebLinkAboutAB0446 - Zhou Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: March 22, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT PEILIANG ZHOU
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 677 W. CRESCENT DR., PALM SPRINGS,
CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Peiliang Zhou 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 677 W. Crescent 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 PEILIANG ZHOU FOR THE PROPERTY LOCATED AT 677 W.
CRESCENT DR., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0446 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
March 22, 2023
Vacation Rental Appeal – 677 W. Crescent Dr., Palm Springs
Background
The property owner, Peiliang Zhou, for the property located at 677 W. Crescent Dr., Palm
Springs previously held Vacation Rental Certificate #355. This Certificate was managed
under a Vacation Rental agency 365 Vacation Rentals. This Registration Certificate
expired on 7/31/20 and the Vacation Rental Certificate was closed 7/15/2020.
STAFF ANALYSIS:
The owner for the property located at 677 W. Crescent 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 28, 2022.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 677 W. Crescent 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/633431547258398708 listed as “Villa in
Palm Springs” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/633431547258398708 lists 5 reviews
ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates March 6, 2023, to March 10, 2023 (4-nights); ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates March 6, 2023, to March 10, 2023 (4-nights);
ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/633431547258398708 and
inquiry affirmation for the dates March 6, 2023 to March 10, 2023 (4-nights) for stay at
property 677 W. Crescent Dr., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0446, in the amount of $5,000, to Peiliang Zhou, 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:
Administrative Appeals Board Staff Report
March 22, 2023
Vacation Rental Appeal – 677 W. Crescent Dr., Palm Springs
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:
“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.”
Administrative Appeals Board Staff Report
March 22, 2023
Vacation Rental Appeal – 677 W. Crescent Dr., Palm Springs
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
AB0446 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0446 & citation letter 4
Copy of the Airbnb.com/rooms/633431547258398708 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
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 PEILIANG ZHOU 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 677 W. CRESCENT 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 Peiliang Zhou did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 677 W. Crescent 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. AB0446, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on January 4, 2023, to
Peiliang Zhou for the property located at 677 W. Crescent Dr., Palm Springs; and
WHEREAS, Peiliang Zhou, filed an administrative appeal of the Administrative
Citation No. AB0446 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 677 W. Crescent
Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 22, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Peiliang Zhou violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
Resolution No.
Page 2
advertisement on Airbnb.com/rooms/633431547258398708 for the property located at
677 W. Crescent Dr., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Peiliang
Zhou violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to
an inquiry to book the property located at 677 W. Crescent Dr., Palm Springs and
confirmed a period less than twenty-eight (28) days; March 6, 2023, to March 10, 2023
(4-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on March 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
Peiliang Zhou is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 677 W. Crescent 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
Peiliang Zhou is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 677 W. Crescent 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
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