HomeMy WebLinkAboutResolution No. 0220 Desert Luxury - UpheldRESOLUTION NO. 0220
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF 2267 N JANIS DR. LLC FOR THE
PROPERTY LOCATED AT 2267 N. JANIS DR., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0351 ISSUED IN THE AMOUNT OF $2,500
AND THE TWO-YEAR SUSPENSION OF VACATION
RENTAL REGISTRATION CERTIFCATE #1561
Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs
Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board.
WHEREAS, the City investigated in detail and found the property 2267 N. Janis
Dr., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on September 11,
2021 and issued administrative citation A6709; and
WHEREAS, the City investigated in detail and found the property 2267 N. Janis
Dr., Palm Springs, to be in violation pursuant to Section 5.25.070 (g) on September 11,
2021 and issued administrative citation A6858; and
WHEREAS the City investigated in detail and found the property 2267 N. Janis
Dr.., Palm Springs, to be in violation pursuant to Section 5.25.070 (h) on September 11,
2021 and issued administrative citation AB0351 on September 13, 2021; and
WHEREAS, upon the third violation in any twelve-month period, the City Manager
shall suspend the Vacation Registration Certificate for two (2) years; and
WHEREAS 2267 N Janis Dr. LLC was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 2267 N. Janis Dr., Palm Springs, on
September 20, 2021, with an effective suspension date of October 11, 2021, and
WHEREAS 2267 N Janis Dr LLC for the property located at 2267 N. Janis Dr.,
Palm Springs, filed an administrative appeal of the suspension of the Vacation Rental
Registration Certificate with the City Clerk and paid the appeal fee; and
WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the
third administrative citation and the suspension of the Vacation Rental Registration
Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter
2.50
WHEREAS the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 23, 2022; and
Resolution No. 0220
Page 2
WHEREAS the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (g) of the Palm Springs Municipal Code occurred
on September 11, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that
2267 N Janis Dr. LLC is in violation pursuant to Section 5.25.090 (b) of the Palm Springs
Municipal Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on
February 23, 2022;
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
5.25.090(b). The Administrative Appeals Board upholds administrative citation AB0351
and the administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 2267 N. Janis Dr., Palm Springs.
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 23rd DAY OF FEBRUARY 2022.
MICHAEL PAONESSA
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0220
Page 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify
that Resolution No.0220 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 23rd day of February 2022 by the following vote:
AYES: Basile, Kane, Moses, Paonessa
NOES: None.
ABSENT: None.
ABSTAIN: Sinclair
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 March 2022.
ANTHONY J. MEJIA, MMC
CITY CLERK