HomeMy WebLinkAboutAB0515 - Cafiero Staff PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: October 25, 2023
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT PINK PALOMA
LLC C/O REBECCA ANN CAFIERO 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 2723
N. JUNIPERO AVE., PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Rebecca Cafiero, owner of Pink Paloma LLC, 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 2723
N. Junipero Ave., 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 REBECCA ANN CAFIERO, OWNER OF PINK PALOMA LLC, FOR
THE PROPERTY LOCATED AT 2723 N. JUNIPERO AVE., PALM SPRINGS,
CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0515 ISSUED IN
THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE
A VACATION RENTAL IN THE CITY OF PALM SPRINGS
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Item 4 - Page 1
Administrative Appeals Board Staff Report
October 25, 2023
Vacation Rental Appeal – 2723 N. Junipero Ave, Palm Springs
STAFF ANALYSIS:
The owner for the property located at 2723 N. Junipero Ave., Palm Springs did not hold
a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on May 11, 2023.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 2723 N. Junipero Ave., as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/741610250993876901 listed as “Pink
Paloma – a Palm Springs pool villa!” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/741610250993876901 lists 15 reviews
between November 2022 and May 2023. ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates June 16, 2023, through June 19, 2023 (3-nights); ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates June 16, 2023, through June 19, 2023 (3-nights);
ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/741610250993876901 and
inquiry affirmation for the dates June 16, 2023, through June 19, 2023 (3-nights) for stay
at property 2723 N. Junipero Ave., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0515, in the amount of $5,000, to Pink Paloma LLC c/o
Rebecca Ann Cafiero, 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:
Item 4 - Page 2
Administrative Appeals Board Staff Report
October 25, 2023
Vacation Rental Appeal – 2723 N. Junipero Ave, Palm Springs
(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.”
Item 4 - Page 3
Administrative Appeals Board Staff Report
October 25, 2023
Vacation Rental Appeal – 2723 N. Junipero Ave, Palm Springs
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
AB0515 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0515 & citation letter 4
Copy of the Airbnb.com/rooms/741610250993876901 advertisement 5
Copy of Code Compliance Inquiry 6
Copy of the title report 7
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Item 4 - Page 4
ATTACHMENT 1
Item 4 - Page 5
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF REBECCA ANN CAFIERO, OWNER
OF PINK PALOMA LLC, FOR THE PROPERTY LOCATED
AT 2723 N. JUNIPERO AVE., PALM SPRINGS,
CALIFORNIA REGARDING ADMINISTRATIVE CITATION
AB0515 ISSUED IN THE AMOUNT OF $5,000 AND THE
PERMANENT INELIGIBILITY TO OPERATE A VACATION
RENTAL IN THE CITY OF 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 Rebecca Cafiero, owner of Pink Paloma LLC did not obtain a Short-
Term Vacation Rental Registration Certificate for the property located at 2723 N.
Junipero Ave., 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. AB0515, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on May 16, 2023 to Pink
Paloma LLC c/o Rebecca Cafiero for the property located at 2723 N. Junipero Ave.,
Palm Springs; and
WHEREAS, Rebecca Cafiero, owner of Pink Paloma LLC, filed an administrative
appeal of the Administrative Citation No. AB0515 operating a Vacation Rental without a
Vacation Rental Registration Certificate issued in the amount of $5,000 for the property
located at 2723 N. Junipero Ave., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on October 25, 2023; and
Item 4 - Page 6
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Rebecca Cafiero, owner of Pink Paloma LLC violated Section 5.25.040(a) of the Palm
Springs Municipal Code by an advertisement on
Airbnb.com/rooms/741610250993876901 for the property located at 2723 N. Junipero
Ave., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Rebecca
Cafiero, owner of Pink Paloma LLC violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 2723 N.
Junipero Ave., Palm Springs and confirmed a period less than twenty-eight (28) days;
June 16, 2023, through June 19, 2023 (3-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on October 25,
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
Pink Paloma LLC c/o Rebecca Cafiero is permanently ineligible to operate
a Vacation Rental in the City of Palm Springs, including the property
located at 2723 N. Junipero Ave., 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 Pink Paloma LLC c/o Rebecca Cafiero is
permanently ineligible to operate a Vacation Rental in the City of Palm
Springs, including the property located at 2723 N. Junipero Ave., Palm
Springs and the fine of $5,000.
Item 4 - Page 7
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.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
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, MMC, CERA
City Clerk
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ATTACHMENT 2
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ATTACHMENT 3
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City of Palm Springs, CA
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
09/26/2023 09:50AM Shahriar
001775-0003
MISCELLANEOUS
OTHER CHARGE CURRENT
SVC (OTHCHG)
2024 Item: OTHCHG
1.00 @ 911.00
Balance unpaid: -911.00
OTHER CHARGE CURRENT
SVC (OTHCHG) 911.00
--------------
911.00
Subtotal 911.00
Total 911.00
TP CREDIT CARD 911.00
************8113
Ref=805cd868-5eb2-4776-a15b-12b5f143360e
Auth=095012
--------------
Change due 0.00
Paid by: REBECCA M CAFIERO
Thank you for your payment
City of Palm Springs, CA COPY
DUPLICATE RECEIPT
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