HomeMy WebLinkAboutResolution No. 0225 Soheili - UpheldRESOLUTION NO. 0225
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF ASGHAR SOHEILI AND PARVIN SHIRAVY
FOR THE PROPERTY LOCATED AT 2822 N. AUBURN CT.,
UNIT 106, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0356 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 Asghar Soheili and Parvin Shiravy did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 2822 N. Auburn Ct.,
Unit 106, 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. AB0356 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on October 12, 2021, to
Asghar Soheili and Parvin Shiravy for the property located at 2822 N. Auburn Ct., Unit
106, Palm Springs; and
WHEREAS, Asghar Soheili and Parvin Shiravy, filed an administrative appeal of
the Administrative Citation No. AB0356 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
2822 N. Auburn Ct., Unit 106, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on May 25, 2022; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Asghar Soheili and Parvin Shiravy violated Section 5.25.040(a) of the Palm Springs
Resolution No. 0225
Page 2
Municipal Code by an advertisement on airbnb.com/rooms/32554048 for the property
located at 2822 N. Auburn Ct., Unit 106, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Asghar
Soheili and Parvin Shiravy violated Section 5.25.040(a) of the Palm Springs Municipal
Code by responding to an inquiry to book the property located at 2822 N. Auburn Ct.,
Unit 106, Palm Springs and confirmed a period less than twenty-eight (28) days;
November 17, 2021 to November 21, 2021 (4 nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on May 25, 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
Asghar Soheili and Parvin Shiravy are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 2822 N. Auburn Ct.,
Unit 106, 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 25th DAY OF MAY 2022.
MICHAEL PAONESSA
Chair
ATTEST:
MONIQUE M. LOMELI, CMC
City Clerk
Resolution No. 0225
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. 0225 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 25th day of May 2022, by the following vote:
AYES: Basile, Kane, Moses, Sinclair, Paonessa
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 31st day of May 2022.
MONIQUE M. LOMELI, CMC
Interim City Clerk