HomeMy WebLinkAboutItem 5 - Tian Su ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: November 30, 2022
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT SU LING TIAN 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 2600 E. VINCENTIA RD., PALM SPRINGS,
CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Su Ling Tian requested an appeal of the permanent ineligibility to operate a Vacation
Rental in the City of Palm Springs and administrative fine of $5,000.00 for operating an
unregistered Vacation Rental property located at 2600 E. Vincentia 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 SU LING TIAN FOR THE PROPERTY LOCATED AT 2600 E.
VINCENTIA RD., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0380 ISSUED IN THE AMOUNT OF $5,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS
THIS PORTION OF PAGE BLANK
Administrative Appeals Board Staff Report
November 30, 2022
Vacation Rental Appeal – 2600 E. Vincentia Rd., Palm Springs
BACKGROUND
On April 19, 2022, the Department of Special Program Compliance mailed a rejection
letter to Xi Chen, owner and applicant for the property located at 2600 E. Vincentia Rd.,
Palm Springs regarding a Vacation Rental application received on or around the same
date. The application was rejected because the application was incomplete.
On April 21, 2022, A Code Compliance Officer for the City of Palm Springs issued
administrative citation AB0380 for a violation on April 19, 2022 for operating a Vacation
Rental without a Vacation Rental Registration Certificate.
On May 10, 2022, the Department of Special Program Compliance mailed a second
rejection letter regarding the Vacation Rental application for 2600 E. Vincentia Rd. to
owner Su Ling Tian, the owner listed on title and person cited referencing administrative
citation AB0380. ATTACHMENT 5
STAFF ANALYSIS:
The owner for the property located at 2600 E. Vincentia Rd., Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
administrative citation issuance on April 21, 2022.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 2600 E. Vincentia Rd., as a Vacation Rental from elements
as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/584329732436313238 listed as ““The
Gorilla Villa” Most Luxury 6 bed 5 bath with pool designer Villa in central Palm
Spring!” ATTACHMENT 6
2. Advertisement Airbnb.com/rooms/584329732436313238 shows 5 reviews
between between April 2022 and May 2022 ATTACHMENT 7
3. Advertisement Airbnb.com/rooms/584329732436313238 shows a review in
April 2022 stating “he checked in on us daily during our 2 day stay” A
ATTACHMENT 7
4. Advertisement Airbnb.com/rooms/584329732436313238 shows a review in
May 2022 stating “was a perfect weekend getaway” stay ATTACHMENT 7
5. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates August 11, 2022 to August 16, 2022 (5 nights); ATTACHMENT 8
6. A response was received by the Code Compliance Officer confirming
availability for the dates August 11, 2022 to August 16, 2022 (5 nights);
ATTACHMENT 8
7.
Staff finds that the advertisement found on Airbnb.com/rooms/584329732436313238 and
inquiry affirmation for the dates August 11, 2022 to August 16, 2022 (5 nights) for stay at
property 2600 E. Vincentia Rd., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0380, in the amount of $5,000, to Su Ling Tian, the owner on
Administrative Appeals Board Staff Report
November 30, 2022
Vacation Rental Appeal – 2600 E. Vincentia Rd., Palm Springs
title, for operating a Vacation Rental without a Vacation Rental Registration Certificate.
The Administrative Citation was mailed by the Department of Special Program
Compliance staff to the mailing address on title.
The following Palm Springs Municipal Codes sections and Regulations 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 §5.25.040(a) reads as follows:
The operation of a Vacation Rental or a Homeshare Interest without a Vacation
Rental Registration Certificate is prohibited.
Palm Springs Municipal Code §5.25.090(c) reads as follows in regards to the
administrative fines:
(c) Any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City for the payment of transient
occupancy tax pursuant to the provisions of the Palm Springs Municipal
Code Chapter 3.24, including without limitation penalties and interest,
payment of an administrative fine in the amount of Five Thousand Dollars
($5,000.00), and permanent ineligibility to operate a Vacation Rental in the
City…”
Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining
“Operation” of a Vacation Rental to include the following:
1. “Advertisement” of the property means on any web based advertising,
hosting platform, print media, bulletin, signage, radio, and television or
on 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.
2. An owner, agent or other representative of the owner has an interest in
rental, exchange, trade, gift, or grant of a guest stay at a property of less
than twenty-eight (28) consecutive days or less.
3. An owner, agent or any other representative of the owner interacts with
another party whether directly or indirectly through personal or
Administrative Appeals Board Staff Report
November 30, 2022
Vacation Rental Appeal – 2600 E. Vincentia Rd., Palm Springs
digital/electronic contact with the intent to provide availability of the
property for occupancy of 28 days or less, or to complete a rental and/or
reservation of the property for future occupancy of 28 days or less.”
Administrative Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2014 reads as follows:
“Vacation Rental Enforcement Officials are hereby authorized to issue, an
Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm
Springs Municipal Code without first complying with the pre-citation or courtesy notice
requirements contained in PSMC Section 1.06.030.”
Patrick Clifford
Executive Program Administrator
Department of Special Program Compliance
Attachments:
AB0380 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0380 & citation letter 4
Application rejection letter dated May 10,2022 5
Copy of the Airbnb.com/rooms/584329732436313238 advertisement 6
Copy of the Airbnb.com/rooms/584329732436313238 reviews 7
Copy of Code Compliance Inquiry 8
Copy of the title report 9
THIS PORTION OF PAGE BLANK