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Home My WebLink AboutAB0464- Solano Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: April 26, 2023 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT MARCIALA SOLANO 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 544 N. MONTEREY RD., PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Isaias Solano has requested an appeal on behalf of Marciala Solano regarding 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 544 N. Monterey Rd., 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 MARCIALA SOLANO FOR THE PROPERTY LOCATED AT 544 N. MONTEREY RD., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0464 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 April 26, 2023 Vacation Rental Appeal – 544 N. Monterey Rd., Palm Springs Background The Department of Special Program Compliance received an application for a Vacation Rental Registration Certificate on January 3, 2023. On January 17, 2023, a safety inspection was completed by a Code Compliance Officer. The safety inspection resulted in a passed inspection. A copy of the result was emailed to a Gmail account, provided by the owner in their application. The email submitted to the contact email provided contains verbiage in the inspector notes stating the following: ******** 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. PASSING THIS SAFETY INSPECTION DOES NOT GUARANTEE THE ISSUANCE OF A PERMIT. This application was placed on hold due to the issuance of citation AB0464. STAFF ANALYSIS: The owner for the property located at 544 N. Monterey Rd., Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on January 28, 2023. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 544 N. Monterey Rd., as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/797239524890253752 listed as “Newly Remodel-Sunrise Park Gem” ATTACHMENT 5 2. Advertisement Airbnb.com/rooms/797239524890253752 lists “Minimum Stay” 3 nights” ATTACHMENT 5 3. A Code Compliance Officer submitted an online booking inquiry to stay during the dates February 13, 2023, to February 17, 2023 (4-nights); ATTACHMENT 6 4. A response was received by the Code Compliance Officer confirming availability for the dates February 13, 2023, to February 17. 2023; ATTACHMENT 6 Staff finds that the advertisement found on Airbnb.com/rooms/797239524890253752 and inquiry affirmation for the dates February 13, 2023, to February 17, 2023 for stay at property 544 N. Monterey Rd., is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0464, in the amount of $5,000, to Marciala Solano, the owner Administrative Appeals Board Staff Report April 26, 2023 Vacation Rental Appeal – 544 N. Monterey Rd., Palm Springs 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 April 26, 2023 Vacation Rental Appeal – 544 N. Monterey Rd., 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: AB0464 Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative citation Appeal Letter 3 Administrative citation AB0464 & citation letter 4 Copy of the Airbnb.com/rooms/797239524890253752 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 MARCIALA SOLANO 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 544 N. MONTEREY RD., 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 Marciala Solano did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 544 N. Monterey Rd., 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. AB0464, operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on February 4, 2023, to Marciala Solano for the property located at 544 N. Monterey Rd., Palm Springs; and WHEREAS, Isaias Solano, filed an administrative appeal of the Administrative Citation No. AB0464 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 544 N. Monterey Rd., Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on April 26, 2023; and WHEREAS, the Administrative Appeals Board was presented evidence that Marciala Solano violated Section 5.25.040(a) of the Palm Springs Municipal Code by an Resolution No. Page 2 advertisement on Airbnb.com/rooms/797239524890253752 for the property located at 544 N. Monterey Rd., Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence Marciala Solano violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an inquiry to book the property located at 544 N. Monterey Rd., Palm Springs and confirmed a period less than twenty-eight (28) days; February 13, 2023, to February 17. 2023 (4-nights); and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on April 26, 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 Marciala Solano is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 544 N. Monterey Rd., 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 Marciala Solano is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 544 N. Monterey Rd., 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 ATTACHMENT 6 ATTACHMENT 7