HomeMy WebLinkAboutResolution No. 0230 Sedaghati - UpheldRESOLUTION NO. 0230
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF AMIR SOHEIL SEDAGHATI FOR THE
PROPERTY LOCATED AT 1351 E. GEM CIRCLE, PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0379 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 Amir Soheil Sedaghati did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 1351 E. Gem Circle, 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. AB0379 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on April 20, 2022 to Amir
Soheil Sedaghati for the property located at 1351 E. Gem Circle, Palm Springs; and
WHEREAS, Amir Soheil Sedaghati, filed an administrative appeal of the
Administrative Citation No. AB0379 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
1351 E. Gem Cir., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on July 27, 2022; and
WHEREAS, the Administrative Appeals Board was presented evidence Amir
Soheil Sedaghati violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
advertisement on airbnb.com/rooms/597363452718802586 for the property located at
1351 E. Gem Circle, Palm Springs; and
Resolution No. 0230
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence Amir
Soheil Sedaghati violated Section 5.25.040(a) of the Palm Springs Municipal Code by
responding to an inquiry to book the property located at 1351 E. Gem Circle, Palm Springs
and confirmed a period less than twenty-eight (28) days; May 19, 2022 to May 29, 2022
(10 nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on July 27, 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
Amir Soheil Sedaghati is permanently ineligible to operate a Vacation Rental in the City
of Palm Springs, including the property located at 1351 E. Gem Circle, 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.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS 27th DAY OF JULY 2022.
MICHAEL PAONESSA
Chair
ATTEST:
MONIQUE M. LOMELI, CMC
Interim City Clerk
Resolution No. 0230
Page 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Monique Lomeli, Interim 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 27 day of July 2022, by the following vote:
AYES: Basile, Kane, Moses, Paonessa, Sinclair
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 1st day of August 2022.
Monique Lomeli
Interim City Clerk