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Home My WebLink AboutAB0530 - Parker; Granberg Packet ADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: August 23, 2023 SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2500.00 TO JOSHUA PARKER AND MARIA GRANBERG FOR THE PROPERTY LOCATED AT 806 E. RACQUET CLUB RD., PALM SPRINGS. BY: Office of Special Programs Compliance Department SUMMARY Joshua Parker and Maria Granberg have requested an appeal of the 6-month suspension of the Vacation Rental Registration Certificate and the administrative fine of $2500.00 for failure of submitting a Contract Summary to the Enforcement Official for the property located at 806 E. Racquet Club 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 THE ADMINISTRATIVE CITATION AB0530 ISSUED IN THE AMOUNT OF $2,500 TO JOSHUA PARKER AND MARIA GRANBERG AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 806 E. RACQUET CLUB RD., PALM SPRINGS. THIS PORTION OF PAGE BLANK Administrative Appeals Board Staff Report August 23, 2023 - Page 2 Vacation Rental Appeal – 806 E. Racquet Club Rd., Palm Springs BACKGROUND: The property located at 806 E. Racquet Club Rd., Palm Springs is a registered Vacation Rental with the City of Palm Springs with a start date of February 7, 2023. STAFF ANALYSIS: The owners for the property located at 806 E. Racquet Club Rd. were issued administrative citation AB0530 for failure to file contract summaries to the Enforcement Official as required by The Vacation Rental Ordinance 2075 for guests stays of 28 days or less at a Vacation Rental. The Vacation Rental Ordinance No. 2075 (Palm Springs Municipal Code 5.25) requires the submittal of a Contract Summary prior to each separate guest stay of 28 days or less at a Vacation Rental. This Contract Summary allows the Office of Special Program Compliance Department to verify the contract limitations outlined in Palm Springs Municipal Code Section 5.25.070(b). Palm Springs Municipal Code (PSMC) 5.25.070(b) states “A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document”. The Department of Special Program Compliance determined after responding to a complaint for too many vehicles on June 11, 2023 at the property located at 806 E. Racquet Club Rd., that a Contract Summary for a short-term Vacation Rental stay was not submitted. A Code Compliance Officer contacted the guests at the property in response to the complaint received. Attachment 5. The Occupants stated that they had booked a short-term stay and provided a reservation detail from Airbnb. Attachment 5. When the Code Compliance Officer returned to the office, a second more detailed check for a submitted contract summary was conducted. A Contract Summary was not found. A review of the Contract Summaries submitted are below and available as Attachment 6. Type of Submission Jun Jul Aug Grand Total Contract Cancellation 1 1 New Contract Summary 3 6 6 15 The review of the contract summary data shows that 14 summaries have been filed as of August 16, 2023, starting with the first submission submitted on June 15, 2023. In an email dated February 7, 2023, staff communicated the requirement to provide Contract Summaries and provided a link to submit contract summaries. Administrative Appeals Board Staff Report August 23, 2023 - Page 3 Vacation Rental Appeal – 806 E. Racquet Club Rd., Palm Springs Additionally, The Code Compliance officer obtained Transient Occupancy Tax documents supporting short-term stays occurred at the property for the months of March and April. Attachment 7. Staff finds that based on the information reviewed, that short-term vacation rental use at the property 806 E. Racquet Club Rd. occurred and a Contract Summary was not submitted as required prior to a guest stay of 28-days or less and proceeded to issue administrative citation number AB0530 in the amount of $2,500.00 to Joshua Parker and Maria Granberg, the owners on title, for failure to file a contract summary to the Enforcement Official prior to occupancy of the Vacation Rental. The Administrative Citation was mailed by staff to the mailing address located on the title report. Additionally, pursuant to Palm Springs Municipal Code 5.25.090(d), the City Manager suspended the Vacation Rental Certificate for a period of six months effective August 28, 2023. Attachment 8. The following Palm Springs Municipal Code Sections 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 §5.25.070(b) reads as follows: No more than thirty-two (32) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year; however, up to four (4) additional Contracts shall be allowed or provided for the Third Quarter of a calendar year so long as the entire term of each such Contract occurs during such Third Quarter A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. Palm Springs Municipal Code §5.25.070(h) reads as follows: ”Prior to occupancy pursuant to each separate occasion of rental of a Vacation Rental, the Owner or the Owner’s agent or representative shall enter into a written Contract with a Responsible Person where (1) the Administrative Appeals Board Staff Report August 23, 2023 - Page 4 Vacation Rental Appeal – 806 E. Racquet Club Rd., Palm Springs Responsible Person will provide the Responsible Person’s name, age, address, and a copy of a government issued identification; (2) establishes and sets out the terms and conditions of the Contract, including without limitation occupancy limits, noise prohibitions, and vehicle parking requirements; (3) requires the Responsible Person to acknowledge and agree that he or she is legally responsible for compliance of all occupants of the Vacation Rental or their guests with all provisions of this Chapter and/or the Municipal Code; (4) the Owner or the Owner’s Agent provides a copy of the “Good Neighbor Brochure” to the Responsible Person; (5) the Responsible Person provides a list of all guests by name; and (6) the Responsible Person provides a list of all guests’ vehicles, including license plate numbers. Each Contract shall be maintained by the Owner or the Owner’s Agent for a minimum of four (4) years and shall be readily available for inspection upon request of the Enforcement Official. A summary or abstract of the written Contract, in a form approved by the Enforcement Official, shall be filed with the Enforcement Official prior to occupancy, in a manner approved by the Enforcement Official, and shall be posted in a conspicuous location on the Vacation Rental property and shall be made available on site at the request of an Enforcement Official”. Palm Springs Municipal Code §5.25.090(d) reads as follows regarding the administrative fines: “Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the City with a summary or abstract of such contract, or without timely tendering full monthly payments of transient occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) and the Owner’s Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in the amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation Registration Certificate shall be revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this Section”. Administrative Appeals Board Staff Report August 23, 2023 - Page 5 Vacation Rental Appeal – 806 E. Racquet Club Rd., Palm Springs Patrick Clifford Executive Program Administrator Attachments: Resolution no. _____ Decision of the Administrative Appeals Board 1 Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3 Administrative Citation AB0530 4 Code Officer Event Report 5 Contract Summary Review 6 Transient Tax Record 7 Suspension Letter 8 ATTACHMENT 1 RESOLUTION NO. ___ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE ADMINISTRATIVE CITATION AB0530 ISSUED IN THE AMOUNT OF $2,500 TO JOSHUA PARKER AND MARIA GRANBERG AND THE ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 806 E. RACQUET CLUB RD., PALM SPRINGS. Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS, Joshua Parker and Maria Granberg did not file a Contract Summary for an occupancy 28 days or less; WHEREAS, any person who operates a Vacation Rental and fails to submit a contract summary to the Enforcement Official, shall be liable to the City an administrative fine in the amount of Two Thousand and Five Hundred Dollars ($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a period of six-months, Palm Springs Municipal Code 5.25.090 (d); and WHEREAS, “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; and WHEREAS, the City investigated and determined that the Vacation Rental Property 806 E. Racquet Club Rd., hosted guests for a period of twenty-eight (28) consecutive days or less; and WHEREAS, Administrative Citation No. AB0530 failure to file a Contract Summary was issued on June 15, 2023 to Joshua Parker and Maria Granberg for the property located at 806 E. Racquet Club Rd., Palm Springs; and WHEREAS, Joshua Parker and Maria Granberg, filed an administrative appeal of the Administrative Citation No. AB0530 for failure to file a Contract Summary prior to an occupancy for the property 806 E. Racquet Club Rd.., Palm Springs to the Enforcement Official with the City Clerk and paid the appeal fee; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on August 23, 2023; and Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented prima facie evidence that Joshua Parker and Maria Granberg violated Section 5.25.070 (h) of the Palm Springs Municipal Code; and WHEREAS, the Administrative Appeals Board has carefully reviewed and considered all the evidence presented in connection with said appeal on August 23, 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 5.25.070(h). The Administrative Appeals Board upholds the administrative decision of a six- month suspension of the Vacation Rental Registration Certificate and the Administrative Fine of $2500.00 to Joshua Parker and Maria Granberg for the property located at 806 E. Racquet Club Rd., Palm Springs The Appellant is not in violation of Palm Springs Municipal Code 5.25.070(h). The Administrative Appeals Board overturns the administrative decision of a six- month suspension of the Vacation Rental Registration Certificate and the Administrative Fine of $2500.00 to Joshua Parker and Maria Granberg for the property located at 806 E. Racquet Club Rd., Palm Springs THIS PORTION OF PAGE BLANK Resolution ____ 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. Wayne Sinclair 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: BRENDA PREE City Clerk ATTACHMENT 2 ATTACHMENT 3 City of Palm Springs, CA FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 07/03/2023 10:52AM Sarah F. 001465-0006 MISCELLANEOUS OTHER CHARGE CURRENT SVC (OTHCHG) 2024 Item: OTHCHG 1 @ 857.00 Balance unpaid: -857.00 OTHER CHARGE CURRENT SVC (OTHCHG) 857.00 -------------- 857.00 Subtotal 857.00 Total 857.00 CHECK 857.00 Check Number 1985 -------------- Change due 0.00 Paid by: JOSHUA D PARKER - AB0530 - ADMINISTRATIVE APPEAL FEE Thank you for your payment CUSTOMER COPY ATTACHMENT 4 ATTACHMENT 5 Vacation Rental Code Compliance Officer Event Repor t Date Sunday, June 11, 2023 Time 9:41 AM Sunday, June 11, 2023 TYPE OF REPORT VACATION RENTAL ENFORCEMENTDate of the Event Sunday, June 11, 2023 Time arrived at the proper ty: 8:20 AMTime received the complaint from the Hotline: 7:54 AM Is this report based on a proactive finding, a lead from the community or response to a call into the hotline? Vacation Rental Hotline Property Address 806 East Racquet Club Drive 92262 Is this a registered vacation rental? Yes Type of a Complaint Reported: (You may select more then one) Parking - Number of carsIs this a unit in a Condominium complex? No Was there a Contract Summary on file for this property / guest stay? No At which location on the property or off the property were you present when you witnessed the violation? Frontyard Is the person occupying the Vacation Rental over night? Yes Name of Person Citation being issued to: Jessica Renee Winchester Citation Number (if applicable) A6510Code Section Violated: Cars exceed limit 5.25.070(c)Total time amount witnessing the violation: Twice Upon Arrival found the following: Parking violation - Number of cars exceed the limit Was Citation issued? Yes Additional Notes: Initial complaint received at 7:54 AM through VR Hotline. Arrived at property initially at 8:20 AM and observed five cars parked on the driveway. 1 Please attach 2-3 pictures as needed to support your findings. Pictures of the front of the home with address are a must along with a picture of the violation if applicable Returned to PD Station to obtain local and owner contact information in case property was owner occupied. Returned at 9:20 AM with Officer Whittaker. There were still five cars parked on the driveway of the three bedroom property. We spoke to the responsible party and issued a citation for over the limit number of cars parked at the property. Officer Whittaker called the local property manager but the telephone number was not valid. Officer Whittaker was able to speak with property owner at 9:48 AM to advise him of the violation and citation issued. Officer Whittaker also advised him a contract summary was not received so he referred him to contact OSP Admin Office. Has this event been communicated to the Local Contact for this property? Yes Code Compliance Officer submitting the form: Arwel Bermudo Code Compliance Officer Email: Arwel.Bermudo@palmspringsca.gov Number of Code Officers responding to the event: 2 Code Officer Name #1: Arwel Bermudo Code Officer Name #2: Jason Whittaker 2 3 ATTACHMENT 6 Submission DateVR Property Address:VR Property Street Name: Arrival Date:Departure Date:Month Year This Contract Summary is for: City ID #: TOT #: Palm Springs Neighborhood: First Name Last NameBrief reason for Cancellation: Contract Year:Contract Number for the Calendar Year:Please select the number of registered guest occupying the property First Name Last Name Contract Summary ID Number07/10/2023 806 E Racquet Club Rd Aug 25, 2023 Aug 27, 2023 Aug 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 10 4 Maria Granberg OO10666007/19/2023 806 E Racquet Club Rd Aug 20, 2023 Aug 22, 2023 Aug 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 11 3 Maria Granberg OO10702807/10/2023 806 E Racquet Club Rd Aug 18, 2023 Aug 20, 2023 Aug 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 9 5 Maria Granberg OO10665907/26/2023 806 E Racquet Club Rd Aug 11, 2023 Aug 13, 2023 Aug 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 12 2 Maria Granberg OO10738007/19/2023 806 E Racquet Club Rd Aug 3, 2023 Aug 6, 2023 Aug 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 8 2 Maria Granberg OO10702707/19/2023 806 E Racquet Club Rd Aug 3, 2023 Aug 6, 2023 Aug 2023 Contract Cancellation 5372 9515 Racquet Club Estates Maria Granberg Cancellation of the stay2023 8 6 Maria Granberg OO10702607/10/2023 806 E Racquet Club Rd Aug 3, 2023 Aug 13, 2023 Aug 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 8 6 Maria Granberg OO10665807/07/2023 806 E Racquet Club Rd Jul 28, 2023 Jul 30, 2023 Jul 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 7 5 Maria Granberg OO10657107/07/2023 806 E Racquet Club Rd Jul 21, 2023 Jul 23, 2023 Jul 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 6 5 Maria Granberg OO10657007/07/2023 806 E Racquet Club Rd Jul 14, 2023 Jul 16, 2023 Jul 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 5 6 Maria Granberg OO10656807/06/2023 806 E Racquet Club Rd Jul 7, 2023 Jul 10, 2023 Jul 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 3rd Quarter ‐ #4 4 Maria Granberg OO10649107/02/2023 806 E Racquet Club Rd Jul 3, 2023 Jul 5, 2023 Jul 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 3rd Quarter ‐ #2 6 Maria Granberg OO10627806/30/2023 806 E Racquet Club Rd Jul 1, 2023 Jul 3, 2023 Jul 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 3rd Quarter ‐ #1 6 Maria Granberg OO10606106/23/2023 806 E Racquet Club Rd Jun 25, 2023 Jun 30, 2023 Jun 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 3 4 Maria Granberg OO10559706/19/2023 806 E Racquet Club Rd Jun 23, 2023 Jun 25, 2023 Jun 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria Granberg 2023 2 3 Maria Granberg OO10536406/15/2023 806 E Racquet Club Rd Jun 16, 2023 Jun 18, 2023 Jun 2023 New Contract Summary 5372 9515 Racquet Club Estates Maria, Josh Granberg/ Parker 2023 2 1 Maria Granberg OO105149 Count of Contract Summary ID Number Column Labels Type of Submission Jun Jul Aug Grand Total Contract Cancellation 1 1 New Contract Summary 3 6 6 15 Grand Total 3 6 7 16 ATTACHMENT 7 ATTACHMENT 8