HomeMy WebLinkAboutAB0611 - Beknazarian PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: December 27, 2023
SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH
SUSPENSION OF THE VACATION RENTAL REGISTRATION
CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2,500.00 TO
ALISA & ROBERT BEKNAZARIAN FOR THE PROPERTY LOCATED AT
1105 VIA SAN MICHAEL RD., PALM SPRINGS.
BY: Office of Special Programs Compliance Department
SUMMARY
Robert Beknazarian has requested an appeal of the 6-month suspension of the Vacation
Rental Registration Certificate and the administrative fine of $2,500.00 for failure of
submitting a Contract Summary to the Enforcement Official for the property located at
1105 Via San Michael 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 AB0611 ISSUED IN THE
AMOUNT OF $2,500 TO ALISA & ROBERT BEKNAZARIAN AND THE
ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 1105 VIA SAN MICHAEL RD., PALM SPRINGS.
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Item 4 - Page 1
Administrative Appeals Board Staff Report
December 27, 2023 - Page 2
Vacation Rental Appeal – 1105 Via San Michael Rd., Palm Springs
BACKGROUND:
The property located at 1105 Via San Michael Rd., Palm Springs is a registered Vacation
Rental with the City of Palm Springs with a start date of September 1, 2022.
STAFF ANALYSIS:
The owners for the property located at 1105 Via San Michael Rd. were issued
administrative citation AB0611 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 administration staff communicated the
requirement to submit contract stays prior to arrival. Attachment 5
The City of Palm Springs Code Compliance determined after receiving internal
communication from administration staff with The Department of Special Program
Compliance that the property located at 1105 Via San Michael Rd., had not submitted a
Contract Summary for a short-term Vacation Rental stay since the issuance of the
Vacation Rental Registration Certificate. A Code Compliance Officer investigated the
property and found that the property has 25 short-term rental stays between January 14,
2023, through October 9, 2023 and zero contract summaries were submitted.
Attachment 6.
A review below of the Contract Summary system confirmed zero submissions before
September 15, 2023 and is also included in Attachment 6.
Item 4 - Page 2
Administrative Appeals Board Staff Report
December 27, 2023 - Page 3
Vacation Rental Appeal – 1105 Via San Michael Rd., Palm Springs
Staff finds that based on the information reviewed, that short-term vacation rental use at
the property 1105 Via San Michael Rd., occurred and Contract Summaries were not
submitted as required prior to a guest stay of 28-days or less and proceeded to issue
administrative citation number AB0611 in the amount of $2,500.00 to Alisa & Robert
Beknazarian, 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.
Pursuant to Palm Springs Municipal Code 5.25.090(d), the Vacation Rental Certificate
4384 will be suspended for a period of six months effective January 14, 2024.
Attachment 7.
Additional Information
During the drafting of the Staff Report, staff noticed that screen printouts of the Contract
Summary tool were provided by the appellant. These screen printouts have date stamps.
Concerned that these screen printouts may have been doctored, in response to the audit
requested, staff reviewed the revisions and history made to the City’s Contract Summary
Tool. Staff found that on February 27, 2023, an edit was made to the Contract Summary
tool removing the following specific language “Owners/Owner's Family and Friends
occupancies, whom are listed on the Friends and Family list submitted to the compliance
department, do not require a Contract Summary”. Anyone accessing the Contract
Summary tool before February 27, 2023 would see older language including the removed
language stated above. A further confirmation was reviewed with a revision made on
September 1, 2022, confirming that the older language was live and no other revisions
were made until after September 7, 2022. Staff finds that the screen printouts provided
with the appeal do not support the live version of the Contract Summary tool at that time
listed on the screen printouts.
February 27, 2023
Item 4 - Page 3
Administrative Appeals Board Staff Report
December 27, 2023 - Page 4
Vacation Rental Appeal – 1105 Via San Michael Rd., Palm Springs
February 9, 2023
September 1, 2022
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:
Item 4 - Page 4
Administrative Appeals Board Staff Report
December 27, 2023 - Page 5
Vacation Rental Appeal – 1105 Via San Michael Rd., Palm Springs
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
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
Item 4 - Page 5
Administrative Appeals Board Staff Report
December 27, 2023 - Page 6
Vacation Rental Appeal – 1105 Via San Michael Rd., Palm Springs
($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”.
Patrick Clifford
Assistant Director
Attachments:
Resolution no. _____ Decision of the Administrative Appeals Board 1
Notice of Appeal Hearing 2
Administrative Citation Appeal Letter 3
Administrative Citation AB0611 4
Department Notification 5
Code Officer Report 6
Suspension Letter 7
Item 4 - Page 6
ATTACHMENT 1
Item 4 - Page 7
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE CITATION
AB0611 ISSUED IN THE AMOUNT OF $2,500 TO ALISA &
ROBERT BEKNAZARIAN AND THE ADMINISTRATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR
THE PROPERTY LOCATED AT 1105 VIA SAN MICHAEL
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, Alisa & Robert Beknazarian 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 1105 Via San Michael Rd., hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0611 failure to file a Contract
Summary was issued on October 13, 2023 to Alisa & Robert Beknazarian for the
property located at 1105 Via San Michael Rd., Palm Springs; and
WHEREAS, Alisa & Robert Beknazarian, filed an administrative appeal of the
Administrative Citation No. AB0611 for failure to file a Contract Summary prior to an
occupancy for the property 1105 Via San Michael 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 December 27, 2023; and
Item 4 - Page 8
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Alisa & Robert Beknazarian 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 December 27,
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 Alisa & Robert Beknazarian for the property
located at 1105 Via San Michael 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 Alisa & Robert Beknazarian for the property
located at 1105 Via San Michael Rd., Palm Springs
THIS PORTION OF PAGE BLANK
Item 4 - Page 9
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
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ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 4
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ATTACHMENT 5
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John Stamback-Sawyer
From: John Stamback-Sawyer
Sent: Monday, August 29, 2022 9:09 AM
To: Alisa Bokhchalian; 'vacationhausrentals@gmail.com'
Subject: 1105 Via San Michael Rd
Attachments: Statement of Rules Regulations - Copy - Copy.pdf, PSDS Vacation Rental Letter.pdf;
Good Neighbor Brochure.pdf; July 2022 VR Newsletter.pdf, Vacation Rental FAQs.pdf;
TOT & TBID monthly return.110321.pdf, Calendar 2022 Delinquent Dates.pdf
Hello,
Please read this email in its entirety including the documents I have attached.
Your vacation rental registration certificate has been fully processed and is effective 09/01/2022; your City ID #
is 4384 and your TOT permit # is 9210. Please make sure that the City ID# of 4384 is posted on all advertising
in accordance with PSMC 5.25.040 (f). Not posting the ID# on your advertising can incur a $2500.00 citation
and a six-month suspension.
Attached is the link to our Contract Summary tool
httDs://www.iDalmsDringsca.2ov/government/dei)artments/special-Dropram-comDliance/vacation-
rentals/submit-contract-summary; you are required to begin submitting your Contract Summaries using
this tool for each guest stay prior to arrival. Providing the contract itself is not necessary and will not be
accepted as a Contract Summary. You cannot submit Contract Summaries retroactively. Also, be aware your
prorated contracts for the 2022 calendar year are sixteen (16) contracts, plus an additional four (4) contracts
during the 3rd Qtr (July, August & September). These additional contracts are only for reservations where the
guest arrives and departs during the 3rd Quarter months only. If you do not use the additional four (4) contracts,
or portions thereof, by the end of the 3rd Qtr you will lose them.
In addition, I have attached a blank TOT return and a calendar for your convenience. Please save this TOT
return for future monthly filings. You may also go to
https://www.12almsprin2sca.gov/government/departments/finance-treasury/transient-occupancy-tax-tot to pay
online. Starting in September, it is your responsibility to submit Transient Occupancy monthly returns
whether you had rental revenue or not. You may submit "zero' returns by emailing
TOTdesk@palmspringsca.gov. If you have questions regarding the tax process, please contact the TOT
Desk at 760.323.8226 or TOTdesk@palmspring.sca.gov.
Starting July 1, 2021, Vacation Rental and Homeshare lodgings began paying the 1% TBID (Tourism Business
Improvement District) assessment on short term stays of 27 days or less. The Greater Palm Springs Convention
Visitors Bureau (CVB) has further information on their website:
ht!ps://www.visitgreateEpalmsprings.com/2020-tbid/ Although the 1% TBID will be paid at the same time as
your monthly TOT payments, TBID money is a separate item that will be directed to the CVB. For more
information on the 1% TBID Click here.
To sign up for our e-notification to keep informed of stakeholder meetings, newsletters and up to date
information https://www.12almspringsca.gov/government/departments/special-program-compliance/vacation-
rentals/e-notification-si n-up.
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ATTACHMENT 6
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ATTACHMENT 7
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Post Office Box 2743 • Palm Springs, California 92263-2743
City of Palm Springs
Department of Special Program Compliance
425 North Civic Drive • Palm Springs, California 92262
Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov
December 21, 2023
rt Beknazarian
Re: Suspension of Short‐Term Vacation Rental Registration Certificate #4384 for 1105 Via San Michael Rd.,
Palm Springs, CA.
Upon review of the recent activity at your short‐term rental property located at 1105 Via San Michael Rd., Palm
Springs, the City of Palm Springs is hereby suspending your Vacation Rental Registration Certificate for a period
of six (6) months. In order to minimize the negative impact to any near‐term guests visiting our city who may
already be currently booked at your property, the suspension period will begin on January 14, 2024, and will
end on July 14, 2024. All advertising of your property for short term rentals must cease immediately.
During the suspension period, your property may not be rented for short term stays (28 days or fewer) but you
may rent your property as a long‐term rental. Transient Occupancy Tax returns and annual renewal fees will still
be due, unless you choose to complete and submit the enclosed Owner’s Request to Close TOT Permit and
Vacation Rental Certificate form.
This suspension is issued in accordance with the City of Palm Springs Municipal Code (PSMC) Section 5.25.090(d)
as follows:
“(d) 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.
Records show that an appeal has been scheduled for December 27, 2023. Subject to the resolution of the appeal,
your suspension will go into effect on January 14, 2024 in accordance with this letter.
Respectfully,
Scott Stiles
City Manager
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