HomeMy WebLinkAboutResolution No. 0280 - Blackshear - UpheldRESOLUTION NO. 0280
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ROBERT BLACKSHEAR, FOR THE
PROPERTY LOCATED AT 2821 N. LOS FELICES CIR. W,
#K-210, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0584 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 Robert Blackshear did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 2821 N. Los Felices Cir., W, #K-210,
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. AB0584, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on September 5, 2023 to
Robert Blackshear for the property located at 2821 N. Los Felices Cir., W, #K-210, Palm
Springs; and
WHEREAS, Robert Blackshear, filed an administrative appeal of the
Administrative Citation No. AB0584 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
2821 N. Los Felices Cir., W, #K-210, 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
WHEREAS, the Administrative Appeals Board was presented evidence that
Robert Blackshear violated Section 5.25.040(a) of the Palm Springs Municipal Code by
Resolution No. 0280
Page 2
an advertisement on Airbnb.com/rooms/796436449746512597 for the property located
at 2821 N. Los Felices Cir., W, #K-210, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Robert
Blackshear violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 2821 N. Los Felices Cir., W,
#K-210, Palm Springs and confirmed a period less than twenty-eight (28) days; October
27, 2023, through October 30, 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
Robert Blackshear is permanently ineligible to operate a Vacation Rental
in the City of Palm Springs, including the property located at 2821 N. Los
Felices Cir., W, #K-210, 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 Robert Blackshear is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 2821 N. Los Felices Cir., W, #K-210, Palm Springs and
the fine of $5,000.
Resolution No. 0280
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 25TH DAY OF OCTOBER 2023.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0280
Page 4
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. 0280 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 25th day of October 2023, by the following vote:
AYES: Board member Parker, Kane, Vice Chair Paonessa, and Chair Sinclair
NOES: None
ABSENT: Board member Basile
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 30th day of October 2023.
Brenda Pree, MMC, CERA
City Clerk