HomeMy WebLinkAbout0191 - Calter - UpheldRESOLUTION NO. 0191
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ORANJ PALM VACATION HOMES ON
BEHALF OF PROPERTY OWNER KAINO CALTER FAMILY
TRUST REGARDING THE PROPERTY LOCATED AT
1005 E. LA JOLLA ROAD, PALM SPRINGS, CALIFORNIA
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 of
1005 E. La Jolla Rd., Palm Springs, to be in violation on February 12, 2021, and issued
administrative citation A6576; and
WHEREAS, the City investigated in detail and found the property of
1005 E. La Jolla Rd., Palm Springs, to be in violation on November 14, 2021, and issued
administrative citation A6492; and
WHEREAS, pursuant to Palm Springs Municipal Code 5.25.050 (a) th e failure of
an agent to comply with this Chapter shall not relieve the Owner of the Owner’s
obligations under the provisions of this Chapter; 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 Kaino Calter Family Trust was issued a suspension of the Vacation
Rental Registration Certificate for the property located at 1005 E. La Jolla Rd., Palm
Springs, on March 8, 2021, with an effective suspension date of March 29, 2021, and
WHEREAS, Oranj Palm Vacation Homes on behalf of property owner Kaino Calter
Family Trust, for the property located at 1005 E. La Jolla Rd., 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, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on April 28, 2021; and
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 February 12, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that a
violation pursuant to Section 5.25.070 (c) of the Palm Springs Municipal Code occurred
on November 14, 2020; and
Resolution No. 0191
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that Kaino
Calter Family Trust 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 April 28, 2021.
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(s) are in violation of Palm Springs Municipal Code
5.25.090(b). The Administrative Appeals Board upholds administrative citations A6576
and A6492 and the administrative decision of a two -year suspension of the Vacation
Rental Registration Certificate for the property located at 1005 E. La Jolla Road,
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 28th DAY OF APRIL 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0191
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. 0191 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 28th day of April 2021, by the following vote:
AYES: Basile, Moses, Kane, Sinclair, and 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 28th day of April 2021.
ANTHONY J. MEJIA, MMC
City Clerk