HomeMy WebLinkAboutItem 4 - Graziano ADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: September 28, 2022
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT PAUL GRAZIANO
AND ROYA GRAZIANO ARE 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 2232
E. HILDY LN., PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Paul Graziano and Roya Graziano have 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 2232 E. Hildy
LN., 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 PAUL GRAZIANO AND ROYA GRAZIANO FOR THE PROPERTY
LOCATED AT 2232 E. HILDY LN., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0388 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
Item 4 - 1
Administrative Appeals Board Staff Report
September 28, 2022
Vacation Rental Appeal – 2232 E. Hildy Ln, Palm Springs
BACKGROUND
On March 30, 2022 the Department of Special Program Compliance received an
application for a Vacation Rental Registration Certificate for the property located at 2232
E. Hildy Ln., Palm Springs. The application was accepted and routed for processing. At
this point in time, there were approximately 85 new individual applications, 100 individual
renewal applications, 53 new agency applications and 105 renewal agency applications
currently in process pending issuance of a Vacation Rental Registration Certificate. Staff
was processing new applications approximately in 90-days.
A safety inspection was scheduled for April 18, 2022. The results from this inspection was
a passed safety inspection. This passed inspection is not authorization to operate a
Vacation Rental. ATTACHMENT 5
The application for a Vacation Rental Registration Certificate for the property located at
2232 E. Hildy Ln. was placed on hold due to citation AB0388 issuance.
STAFF ANALYSIS:
The owner for the property located at 2232 E. Hildy Ln., 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 May 31, 2022.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 2232 E. Hildy Ln., as a Vacation Rental from elements as
follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement vrbo.com/2745985 listed as “Mid-Century Hollywood Glam
Retreat with a Private Pool & Spa!” ATTACHMENT 6
2. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates June 23, 2022 to June 28, 2022 (5 nights) ATTACMENT 7
3. A response was received by the Code Compliance Officer confirming
availability for the dates June 23, 2022 to June 28, 2022 (5 nights)
ATTACHMENT 7
Staff finds that the vrbo.com/2745985 and inquiry confirmation for the dates June 23,
2022 to June 28, 2022 (5 nights) for stay at property 2232 E. Hildy Ln., is in violation of
§5.25.040(a) and proceeded to issue Administrative Citation AB0388, in the amount of
$5,000, to Paul Graziano and Roya Graziano, the owners on 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.
Item 4 - 2
Administrative Appeals Board Staff Report
September 28, 2022
Vacation Rental Appeal – 2232 E. Hildy Ln, Palm Springs
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
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.”
Item 4 - 3
Administrative Appeals Board Staff Report
September 28, 2022
Vacation Rental Appeal – 2232 E. Hildy Ln, Palm Springs
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:
AB0388 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0388 & citation letter 4
Copy of Safety Inspection Report 5
Copy of the vrbo.com/2745985 6
Code Officer Inquiry 7
Copy of the title report 8
THIS PORTION OF PAGE BLANK
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ATTACHMENT 1
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RESOLUTION NO. ____
Adopt Resolution No. ______, A RESOLUTION OF THE
ADMINISTRATIVE APPEALS BOARD OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF PAUL
GRAZIANO AND ROYA GRAZIANOFOR THE PROPERTY
LOCATED AT 2232 E. HILDY LN., PALM SPRINGS,
CALIFORNIA REGARDING ADMINISTRATIVE CITATION
AB0388 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 Paul Graziano and Roya Graziano did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 2232 E. Hildy Ln.,
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. AB0388 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on May 31, 2022 to Paul
Graziano and Roya Graziano for the property located at 2232 E. Hildy Ln., Palm
Springs; and
WHEREAS, Paul Graziano and Roya Graziano, filed an administrative appeal of
the Administrative Citation No. AB0388 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
2232 E. Hildy Ln., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 28, 2022; and
WHEREAS, the Administrative Appeals Board was presented evidence Paul
Graziano and Roya Graziano violated Section 5.25.040(a) of the Palm Springs
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Resolution No.
Page 2
Municipal Code by an advertisement on the website vrbo.com/2745985 for the property
located at 2232 E. Hildy Ln., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Paul
Graziano and Roya Graziano violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 2232 E.
Hildy Ln., Palm Springs and confirmed a period less than twenty-eight (28) days; June
23, 2022 to June 28, 2022 (5 nights)
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on September 28,
2022; 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 Paul
Graziano and Roya Graziano are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 2232 E.
Hildy Ln., 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 Paul
Graziano and Roya Graziano are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 2232 E. Hildy
Ln., Palm Springs and the fine of $5,000
Item 4 - 7
Resolution No.
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 DAY OF 2022.
Michael Paonessa
Chair
ATTEST:
Brenda Pree
City Clerk
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. 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 day of , by the following vote:
AYES:
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 day of .
Brenda Pree
City Clerk
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ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 4
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ATTACHMENT 5
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Monday, April 18, 2022
Vacation Rental Safety Inspection
Report
PROPERTY STATUS:
PASSED SAFETY INSPECTION - Congratulations! Your Vacation Rental/Homeshare has PASSED
the Vacation Rental/Homeshare Safety Inspection. There is no additional action needed on your
part.
VR Property Owner's/Agent Name:
Paul Graziano
Property Type:
Single Family & Townhouse with Private Pool
(Not condominium)Owner's/Agent's Phone Number:
Owner's/Agent's Email:
Please select PASS or CORRECTION NEEDED for each item. If a CORRECTION NEEDED is selected,
please specify the reason in that same box or in the Notes box.
Code Compliance Officer Name:
David Williams
Vacation Rental/Homeshare Address:
2232 E HILDY LN
92262
Code Compliance Officer's Email:
david.williams@palmspringsca.gov
Type of Inspection?
New Applicant
1. Unit address number must be clearly and easily visible from the street view on the unit
structure or component of the structure. Address numbers may not be less than 4 inches tall.
PASS
2. Number of Bedrooms:
3
Bedroom #1
PASS
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Bedroom #2
PASS
Bedroom #3
PASS
3. Smoke Alarms present in the hallway leading to bedrooms, and 1 at the top of the stairs (if
applicable). (City Ordinance 1833, 2013 California Fire Code, Subsection 907.2.11.6 and
California Health & Safety Code 13113.8.)
PASS
4. Minimum of 1 Carbon Monoxide Alarm present, operational and in close proximity to the
bedrooms. Plug in Carbon Monoxide Alarms are not permitted. Carbon Monoxide alarms must
be wall/ceiling mounted and may be a Carbon Monoxide (CO) & Smoke Combination Alarm.
This section shall not apply if the property has no fossil fuel burning appliances, furnaces or
fireplaces, AND has a detached garage. (CFC 915)
PASS
5. All cooking areas shall have a fire extinguisher with a minimum rating of 2A-10BC in a
permanently mounted, unobstructed, accessible and labeled (lettering a minimum of 1”)
location, and shall be no further than 20 ft. from the cooking appliance. One FX can service 2
cooking locations.
PASS
6. No fire extinguishers shall be older than 6 years from the date of manufacture.
PASS
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7. Legible sign posted at least 9”x 6”, “SWIM AT YOUR OWN RISK” visible from all doors
leading to the pool area. Sign lettering size must be no less than 1 inch.
PASS
Inspector notes:
********IMPORTANT MESSAGE FOR NEW APPLICANTS********
DO NOT ADVERTISE OR RENT YOUR PROPERTY SHORT TERM UNTIL YOU HAVE RECEIVED WRITTEN
AUTHORIZATION FROM THE DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE.
POOL SECTION
11. Pool & Spa GFCI receptacle properly reset at the time of the inspection.
PASS
10. All side gates leading into the pool area must have a working, self-closing spring and a
latching device. (The side gates leading into the pool area must have a self-closing,self-latching
device. The gate must open outward away from thepool. The latching shall be no less than
54” high OR it must be located on the pool side of the gate, 3” or more below the top of gate)
PASS
8. Telescoping rescue pole(can be a skimmer pole) is present and visible from the pool area
PASS
9. All doors leading to the pool areas must have an audible sound whenever opened and heard
throughout the home. An alarm device may not be installed lower than 60 inches from the
floor.
PASS
Any outstanding Code Violations per Building &
Safety Dept?
NO
ANY ADDITIONAL NOTES BY THE INSPECTOR:
YES
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ATTACHMENT 6
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ATTACHMENT 7
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ATTACHMENT 8
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