HomeMy WebLinkAboutResolution No. 0246 Mayoral - UpheldRESOLUTION NO. 0246
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF THE ADMINISTRATIVE DECISION THAT
MC REVOCABLE LIVING 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 830
ARROYO VISTA DR., 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 MC REVOCABLE LIVING TRUST did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 830 Arroyo Vista 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. AB0430 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on November 30, 2022 to
MC REVOCABLE LIVING TRUST for the property located at 830 Arroyo Vista Dr., Palm
Springs; and
WHEREAS, Maria Isabel Correyero Mayoral, filed an administrative appeal of the
Administrative Citation No. AB04230 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
830 Arroyo Vista Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 22, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that MC
REVOCABLE LIVING TRUST violated Section 5.25.040(a) of the Palm Springs
Resolution No. 0246
Page 2
Municipal Code by an advertisement on Airbnb.com/rooms/619683796872095800 for
the property located at 830 Arroyo Vista Dr., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence MC
REVOCABLE LIVING TRUST violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 830 Arroyo
Vista Dr., Palm Springs and confirmed a period less than twenty-eight (28) days;
December 13, 2022 to December 17, 2022 (4-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on February 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 MC
REVOCABLE LIVING TRUST is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 830
ARROYO VISTA 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 MC
REVOCABLE LIVING TRUST is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 830
ARROYO VISTA DR., Palm Springs and the fine of $5,000
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.
Resolution No. 0246
Page 3
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS 22nd DAY OF FEBRUARY 2023.
Michael Paonessa
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0246
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. 0246 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 February 2023 by the following vote:
AYES: Boardmember Sinclair, Vice Chair Kane, Boardmembers Hedrick, Moses
and Chair Paonessa
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 27th day of February 2023.
Brenda Pree, MMC, CERA
City Clerk