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Home My WebLink AboutItem 4 - Additional Material_RedactedFrom:Abex To:City Clerk Subject:1351 E Gem Circle, 2750 N Chuperosa Rd. Appeal hearing defense Date:Wednesday, July 27, 2022 5:00:43 PM NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Esteemed members of the City of Palm Spring Appeal's hearing comity Before the appeal’s board of city of Palm Springs Hello to everyone. 2 minutes of background. I have a Ph.D. in Physics from Harvard Univ. in Massachusetts. My son Alex ( legal name Amir ) has a masters degree from UCLA in construction. 2 years ago we moved from east coast to California. My son Alex , loved Palm Spring where it was the city where he could live with his boyfriend without being different from most his neighbors. I cosigned him in the bank to buy his first house in Palm Spring , a fixer upper , where he fix it as his first ever job out of college. He did and immediately after purchase on March 7 he applied for STR permit. I also bought a house for me and my wife and other kids as the second home in Palm Springs. Alex’s goal was to live in his first house and also rent it some weekends so he could make a living . His tax return as ( Appendix – 1 ) show that he made less than $17k for the last 2 years on odd jobs when he was attending college. Now to the point of defense against the evidence appendixes brought on by the city as the reason to deny him permit and bar him permanently from doing so. And pay $5,000 in fines. The 5 reasons the city has presented as the proof of his violation of code 5-25 of the short term ordinance are ALL FALSE AND WRONG ! FOR THE FOLLOWING REASONS . 1- He never advertised to rent the place for less than 29 days . So, when the city clerk presented himself as a GUEST in Airbnb and asked to stay for 10 days in late May 2022, Alex responded favorably since he thought his permit which is said in the application to be issued in 45 days will be issued by then which was more than 90 days after he applied for the prmit. ON THE APPLICATION FOR STR PERMIT it clearly says that it takes 45 days to be processed and issued. Now if as the city clerk says, it took more than 45 days, it is not the applicants fault that there was Covid and shortage of staff and back log. 2- 3 of the appendixes are from an old lady who lives in New York and happens to unlike new comers in the neighborhood and has called everyday and complained to the hot line . HER COMPLAINTS OF PEOPLE SHOOTING PHOTOS ON HER DRIVE WAY IS ABSOLUTELY NOT TRUE TO BE ABOUT THE PEOPLE FROM ALEX’S HOUSE. HOW DOES SHE KNOW FROM THE SECURITY CAMERA WATCHING FROM NEW YORK , WHERE THE PEOPLE ON HER PORCH IF ANY CAME FROM WHAT ADDRESS ??!!! So 3 appendixes where never verified and are not acceptable for the violation. 3- The only Appendix used as the proof of violation is the contact by a city clerk to Airbnb asking Alex to rent for late May which was responded favorably by Alex and it was for the dates more than 90 days from date of application. If the permit was not issued by then regardless of it being the city’s shortcoming , the request would have been cancelled by Alex. 4- Alex assumed that applying for the permit and the inspection was done on March 28th and passed the safety inspection and both his house and mine where approved for short term and vacation rentals, the rest of the process was only administrative paperwork. Alex is 23 years old and this is his first house and his first part time rental job , and if he is fined $5000 , which he doesn’t have. ( his balance if his bank acct is $500 ) THIS WILL DEVISTATE HIS MORAL AND LIVELIHOOD BOTH FINANCIALY AND EMOTIONALY AND RIGHT NOW HE AND I BOTH HAVE LISTED OUR PROPERTIES FOR SALE IF THIS FINE AND THE PERMANENETLY BARRING FROM OPERATING IN PALM SPRING IS NOT OVERTURNED BY THE APPEALS BOARD. Last note : I have attached in the email sent to the given address for hearing , the contract Alex signed for both his and my house to be rented monthly with REMEX Realty on MONTHLY BASIS. This shows that the advertisement for less than 30 days claimed by the city is false. Also, I have attached a picture of his sight on Airbnb that he clearly has stated that the MINIMUM RENTING IS 29 DAYS. So he never violated the ordinance. He never rented for less than 29 days. The unverified complains to the hotlines are not about his house but other houses which are Airbnb rented on the same street. We ask the board to reinstate his license and cancel the fine for him and help the city to prosper with businesses from short term renting. Right now , the property values are lowered in the city because of the hard approach the city has taken with the permits. After all the city is famous for vacation rentals. Alex is a kid and he did apply the first day , he did pay the fee, he did have the safety inspection done and approved and he didn’t know he could be in violation. He thought he is as he has always been a law obeying individual. Had there been a pre-citation courtesy warning , it will make a world of difference. X Lease Listing Agreement ... Or ng a Condo ... lQJ Edit listi. .. 2 listings ---+ Q Search listings 0 SORiT BY: LAST MODIFIED I. 0 0 Give feedback Peaceful 4-bedroom desert home Modified: Today Sweet 3-bedroom desert home Modified: Yesterday • Apply f ... Applyi ... Today lnbox Taxes Minimum stay • , 29 nights ' N'1aximum stay 365 nights Custom trip lengths None Calendar Calendar availability Advance notice Same day, until 12:00 AM ht p Insights u. § 1040 Oep1rtmon1 of the Trusury-ln1em11 Rave nuo Service (99) ~@ 21 U.S. Individual Income Tax Return OMB No . 15 , .. 5 _""ZA= . ,.,_ ... , . th ~. !.!!.!~ IRS Uso Only-...-, nol wr1to or 1 .. p o on 1s apace . Flllng Status Single Married filing jointly Married filing separately (MFS) Head of household (HOH) Qualifying wldow(er) (OW) Check only II you checked the MFS box, enter the name of your spouse. If you checked the HOH or OW box, enter the child's name 11 the one box. quaJ1fyinQ person is a child but not your dependent • ' Your first name and middle initial Last name Your social security number AMIR SOHEIL SEDAGHATI - - If joint return, spouse's first name and middle initial Last name Spouse's social security number Home address (number and street). If you have a P.O. box, see instructions. Apt no. Presidential Election Campaign Check here if you, or your City, town, or post office. If you have a foreign address, also complete spaces below. I State ZIP code spouse if filing jointly, want $3 to go to this fund. Checking a box below will not change Foreign country name I Foreign province/state/county Foreign postal code your tax or refund. At any time during 2021 , did you receive, sell, exchange, or otherwise dispose of any financial interest in any virtual currency? Standard Deduction Someone can claim: D You as a dependent D Your spouse as a dependent D Spouse itemizes on a separate return or you were a dual-status alien nYou n Spouse I I Yes IXl No Age/Blindness You: n Were born before January 2, 1957 n Are blind Spouse: n Was born before January 2, 1957 n Is blind Dependents (see instructions): (2) Social security (3) Relationship (4) I if qualifie~~~~j~~:::~~~r (1) First name Last name number to you Child tax credit dependents If more than four dependents, see instructions and check n here • Attach Sch. B if required. Standard Deduction for- • Single or Married filing separately, $12,550 • Married filing jointly or Qualifying widow(er), $25,100 • Head of household , $18,800 • If you checked any box under Standard Deduction, see instructions. 1 2a 3a 4a Sa 6a 7 8 9 10 11 - 12a b C 13 14 15 .I I Wages, salaries, tips, etc. Attach Form(s) W-2 Tax-exempt interest .... t-2_a---+-_______ (_---t b Taxable interest ............... . b rdinary dividends Qual ified d i vi dends .......•.... 3_a-+-----......:..~\-'--\-~ IRA distributions ....... t-4_a-+--___ /_·~.,-1----=--'~ ... -1 Ii Taxable amount ............... . Pensions and annuities Sa I t <\ b Taxable amount ............... . Social security benefits 1-6-a-+.-----~--,-~ b Taxable amount ............... . Capital gain or (loss). Attach Schedule D if required. If not required, check here. • . • . . . . . . . . . . . . . . • D Other income from Schedule 1, Ii e 10 ............................................ . Add lines 1, 2b, 3b, 4b, Sb, 6b, 7, and 8. This is your total income ..................... • Adjustments to income from Schedule 1, line 26 ..................................... . Subtract line 10 from line 9. This is your adjusted gross income • Standard deduction or itemized deductions (from Schedule A).·.·.·.·:.· !12~[ · · · · · · i ·2 ~ ·s 5 0 Charitable contributions 1f you take the slandard deduction (see instructions) ••.... ~ .... 2_b_1l.__ ______ -1 Add lines 12a and 12b ........................................................ . Qualified business income deduction from Form 8995 or Form 8995-A ................... . Add lines 12c and 13 ......................................................... . Texable income. Subtract line 14 from line 11. If zero or less, enter -0- For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see separate instructions. FDA 21 1040$1 BWF 1040 Form Software Copyright 1996 -2022 HAB Tax Group, Inc. 1 2b 3b 4b Sb 6b 7 8 14,925 9 14,925 10 11 14,925 12c 12,550 13 14 12,550 15 2,375 Form l U'IU 2021) UNIVERSITY OF CALIFORNIA LOS ANGELES UCLA Extension Eric A. Bullard, PhD, Dean Continuing Education and UCLA Extension This is to certify that Amir Soheil Sedaghati has satisfactorily completed the requirements for the Certificate in Construction Management December 2021 < 1351 E Gem Cicle, Palm Springs cA 92 ... OowSq, Enve10pc, ID : 30171878 AEFM235.a404,28'MC956El'A I I till.I\ ' • )Cl "~ ~~ 1,nK' Date Prepared. March 4 , 2022 LEASE LISTING AGREEMENT EXCLUSIVE AUTHORIZATION TO LEASE OR RENT (CAR.. form LL. Rna ed 112 1) 1. EXCLUSIVE RIGHT TO LEASE: Amir SoheJI Sed/J1lhBtl ("'O,;net') hereby employs and grants r Broket') t>eg,nnng(date) March 4 , 2.Q.22 and ending at 11.59 P.M. on (date) Ma 31 2022 f l!st.ng Penod) the ex~lve and Irrevocable ngN to lease or rent the real property in the Ctty of Palm S rl s County of R i versi de , Callfom&a. descnbed as 1351 E Gem Cir, Palm Sprlf111s , CA 92262-2301 ('Premises"). 2. LISTING TERMS: A. RENT AMOUNT: ....,....,=-------'-'N""ln""•'-Th=ou=.s=and"'-=-_______ Dollars S 9,000.00 pee ____ _ 8 . SECURITY DEPOSIT: $9 000.00 C. TYPE OF TENANCY: (Check all that apply): 1)( Month~o-month, One year Other ------,---,-----,----, 0 . ITEMS INCLUDED I N LEASEIRENTAL.: All fixtures and f1tt1ngs attached to the Premises and the following Items of personal propeny: E. ITEMSEX"'"c=-=u-:-u,-:::oe=o -:F:--:R:-:0,-,-M-=-L,...,EAS=-::-:Ele-,,RE=NT-e=AL.:...,....,·1 ....... 'o-.-a,geJ--C-a,_rpor_~ .... ,-.----------------- F. AOOITIONAL TERMS: U000 for March, $9000 tor Aprll, $6,000 tor May 3 . COMPEHSATION: Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Owner and Broker (real estate corrvnlssions include all compensation and tees to Broker). A. Owner agreeg to pay to Broker as compensabon for seivlces, 1rres.pec1Jve of agency relationshlp(9). as speafled below: (1) FOf' fixed-term leases: (a} Either (Q 10.000 pe,cent of the total rent for the tenn specif.ed In paragraph 2 {Of rt a fixed tenn leas.e ts executed, of the total rent payments due under the lease). or (II) • (b) Owner agireeg to pay BlOker add1bonal compensation of ___________________ _ , a fixed term lease Is executed end Is extended or renewed. Payment Is due upon such extensfOn or rene.val {2) FOf' month•tCHnonth rental: Either (I) ....,..._pe,cent of _________ • o, (ll) (3) FOf' ei ther a fixed term or month-to-month: (a) If during the UStng Penod, or eny extension, Broke<, coope,atJng broke<. 0wnef or any other perw procures a ready, willing, and able Tenanl(s) whose o fter to lease/rent lhe Premise!! on any price and terms Is acoei)1ed by Owner. provided the Tenant wes po9sessa1 of the Premises undef the tenns of the lease o, rental or Is prevented from doing so by Ownef. (Bloker Is enttbed to C001)81lSat.on v.he!her any tenancy resulting from such offe< begins CU'WIQ or after the exp.ration of the Usbng Period, or any extension.) (b) If Otmer, within calendar days after 1he end of 1he Ust.,g Period o, eny extension thereof, enters Into a conllBct to transfer, lease o, rent the PreffliSes to anyone rProspeeuve Transferee ) or that pecson's retated entrty: (I) ~o physically ente<ed and was sho'Ml Che Premtse9 during the US11ng Period or any extens,on thereof by Broker o, a coope,atJng broker o, (II) for whom Bloker or tJllY cooperating twa.cer submitted to 0-a signed, wntten offer to lease o, renl the Premises. Owner, ~eve,, sna:I have no obligation to Broker under this subparagraph 3A(3Xb) iro&ess . not later than the end or the LlstJng Penod or eny extensaon or cancetlat.on, Bloieer has gllten Ol,\ne, a ~tll!n notJoeofthe names of such Prospecwe Transferees. (c) If. wlthou1 Broltet"s pnor written consent. the Prem1ses are W\thdrawn from lease/rental, are leased. rented. or olhervnse trans/erred, or made unmarketable by a wluntary act of Owner during the Listing Period. or any ex1en!llon B. If 00fflmencemeni of the lease o, rental t!I prevented by a patty to the transactJOn other than Owner. then con,,emat.on which Olherwise ~'OIAd ha•e been earned under paragiraph 3A shall be payable only If and -.men <Mner collects damages by Su.I. arbitration settlement or OlhenM.Se and then In an amount equal to lhe less« of one-half of the damages recovered o, the aboVe compemat.on. all« first deducting ttbe and esaow expenses and the expenses of coUeeuon . If any. C. In adcMJon. Owner agireeg to pay: ------------------------------- 0 . Broker may retatn compensation due from any Tenant payments collected by Broker. E. Owner agireeg to pay Brokel If Tenant diredly or lndirec:tly 80QI.W89, or enters wo an agreement IO acquire tJbe to Prem:ses or any pan thereof, vmether by sale. exmange or otneM1se, during the tenn o, any extensk>n of tenancy. compensaoon equal to ___ percent of lhe sernng prlee o, total conslderat.oo in said transf« • ....ttlchever Is greater. Payment Is due upon Tenant's drect or Indirect acqw,Uon or eny legal or equitable lmrest In the Premsl!!I and, cnere IS en escrow, shall be through escR>'N. F. ().,\ne, h8!l been ~lsed of Broker'9 potk:y regerdng coopera1Jon w.lh, and the ~t of compensation offered to, other twolun. (1) Broker ts authortzed to cooperate with and compensat e brokers partidpat1ng through the mul!Jpe kst.,g sen,1ce (s) ('MLS') by offering to t.il.S brokers out of Broker's compemaoon spec1f.ed In 3A. (A) for a fixed tenn lease. eilhef 10.000 percent of the 10181 rent lot the term. or S _________ _. or (8) For month to month rent.a.. e.lher percent of el'I\Ollrll specl&!d in 3A{2) used 10 Clliculate Bloker's peccentage 00fflpensa1Jon , or S---,---,-----,-· (2} Broker Is authoraed to cooperate wllh end compensate brokers operatJng outside the t.fLS as per Broker's poiley. 0.. {1) Owner warrants that OMier has no obligauon to pay compensa~on to any other bfoker regarding the lease or rental or Premises unless the Premises are leased or rented to O 202• C..-Aaocaalal al REALTORse. t,c_ LL REVISED 6121 (PAGE 1 OF 4) ------------------------ • o.n."I hi.Ill• U 1~!-J I ___ _, .••- LEASE LISTING AOR£EME:NT I LL PAGE 1 OF 4 1 -·-