HomeMy WebLinkAboutResolution No. 0248 Silva - UpheldRESOLUTION NO. 0248
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE DECISION
THAT ROMAN AND LINCOLN FAMILY TRUST 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 225 W. CAMINO CARMELITA, PALM
SPRINGS, CALIFORNIA
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS Roman and Lincoln Family Trust did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 225 W. Camino
Carmelita, 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. AB0436, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on December 3, 2022 to
Roman and Lincoln Family Trust for the property located at 225 W. Camino Carmelita,
Palm Springs; and
WHEREAS, Joshua Silva, filed an administrative appeal of the Administrative
Citation No. AB0436 operating a Vacation Rental without a Vacation Rental Registration
Certificate issued in the amount of $5,000 for the property located at 225 W. Camino
Carmelita, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 22, 2023; and
Resolution No. 0248
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Roman and Lincoln Family Trust violated Section 5.25.040(a) of the Palm Springs
Municipal Code by an advertisement on Airbnb.com/rooms/733335490177020013 for
the property located at 225 W. Camino Carmelita, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Roman
and Lincoln Family Trust violated Section 5.25.040(a) of the Palm Springs Municipal
Code by responding to an inquiry to book the property located at 225 W. Camino
Carmelita, Palm Springs and confirmed a period less than twenty-eight (28) days;
January 16, 2023 to January 23, 2023 (7-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on March 22,
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
Roman and Lincoln Family Trust is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 225 W.
Camino Carmelita, 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
Roman and Lincoln Family Trust is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 225 W.
Camino Carmelita, Palm Springs and the fine of $5,000
Resolution No. 0248
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 22nd DAY OF MARCH 2023.
Michael Paonessa
Chair
ATTEST:
Brenda Pree
City Clerk
Resolution No. 0248
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. 0248 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 22nd day of March 2023, by the following vote:
AYES: Chair Paonessa, Boardmember Sinclair, Vice Chair Kane
NOES: Boardmember Moses, Boardmember Basile
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 27th day of March 2023.
Brenda Pree
City Clerk