HomeMy WebLinkAboutResolution No. 0226 Keys Rosenfeld - UpheldRESOLUTION NO. 0226
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF KIMBERLY KEYS AND KENNETH
ROSENFELD FOR THE PROPERTY LOCATED AT 2965 E.
AVERY DR., UNIT F, PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0366 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 Kimberly Keys and Kenneth Rosenfeld did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 2965 E. Avery Dr.,
Unit F, 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. AB0366 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on January 13, 2022 to
Kimberly Keys and Kenneth Rosenfeld for the property located at 2965 E. Avery Dr.,
Unit F, Palm Springs; and
WHEREAS, Kimberly Keys and Kenneth Rosenfeld, filed an administrative
appeal of the Administrative Citation No. AB0366 operating a Vacation Rental without a
Vacation Rental Registration Certificate issued in the amount of $5,000 for the property
located at 2965 E. Avery Dr., Unit F, 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
Kimberly Keys and Kenneth Rosenfeld violated Section 5.25.040(a) of the Palm Springs
Resolution No. 0226
Page 2
Municipal Code by an advertisement on airbnb.com/rooms/53068898 for the property
located at 2965 E. Avery Dr., Unit F, Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence Kimberly
Keys and Kenneth Rosenfeld violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 2965 E.
Avery Dr., Unit F, Palm Springs and confirmed a period less than twenty-eight (28)
days; January 6, 2022 to January 10, 2022 (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
Kimberly Keys and Kenneth Rosenfeld is permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 2965 E. Avery Dr.,
Unit F, 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. 0226
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. 0226 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