HomeMy WebLinkAboutResolution No. 0267 - Arrived LLC - UpheldRESOLUTION NO. 0267
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF KATHERYN WILLIAMS, ON BEHALF
OF STEVEN BURNHAM, VICTOR OLVERA AND MICHAEL
FRIEDBERG FOR THE PROPERTY LOCATED AT 2205 S.
OAKCREST DR., PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0495
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 Steven Burnham, Victor Olvera and Michael Friedberg did not obtain
a Short-Term Vacation Rental Registration Certificate for the property located at 2205
S. Oakcrest Dr., 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. AB0495, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on March 14, 2023 to
Steven Burnham, Victor Olvera and Michael Friedberg for the property located at 2205
S. Oakcrest Dr., Palm Springs; and
WHEREAS, Katheryn Williams, on behalf of Steven Burnham, Victor Olvera and
Michael Friedberg, filed an administrative appeal of the Administrative Citation No.
AB0495 operating a Vacation Rental without a Vacation Rental Registration Certificate
issued in the amount of $5,000 for the property located at 2205 S. Oakcrest Dr., Palm
Springs with the City Clerk; and
Resolution No. 0267
Page 2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on July 26, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Steven Burnham, Victor Olvera and Michael Friedberg violated Section 5.25.040(a) of
the Palm Springs Municipal Code by an advertisement on
Airbnb.com/rooms/645674285016235839 for the property located at 2205 S. Oakcrest
Dr., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Steven
Burnham, Victor Olvera and Michael Friedberg violated Section 5.25.040(a) of the Palm
Springs Municipal Code by responding to an inquiry to book the property located at
2205 S. Oakcrest Dr., Palm Springs and confirmed a period less than twenty-eight (28)
days; April 20, 2023 through April 24,2023 (4-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on July 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
Steven Burnham, Victor Olvera and Michael Friedberg are permanently
ineligible to operate a Vacation Rental in the City of Palm Springs, including the
property located at 2205 S. Oakcrest Dr., 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
Steven Burnham, Victor Olvera and Michael Friedberg are permanently ineligible
to operate a Vacation Rental in the City of Palm Springs, including the property
located at 2205 S. Oakcrest Dr., Palm Springs and the fine of $5,000.
Resolution No. 0267
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 26th DAY OF JULY 2023.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0267
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. 0267 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 26th day of July 2023, by the following vote:
AYES: Boardmember Moses, Basile, Kane, Vice Chair Paonessa and
Chair Sinclair
NOES: None
ABSENT: None
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 1st day of August 2023.
Brenda Pree, MMC, CERA
City Clerk