HomeMy WebLinkAbout0200 - Salcedo - UpheldRESOLUTION NO. 0200
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ALISSA BORDEAUX, ELIZABETH
LANE AND JESUS SALCEDO REGARDING THE
PROPERTY LOCATED AT 1577 S. RIVERSIDE DR., 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
1577 S. Riverside Dr., Palm Springs, to be in violation pursuant to Section 5.25.070 (g)
on May 22, 2021; and
WHEREAS, the City identified the Responsible Person for the Vacation Rental
property located at 1577 S. Riverside Dr., for the date May 22, 2021, to be Elizabeth Lane
WHEREAS, administrative citation A6630 was issued on May 24, 2021 to the
Elizabeth Lane, Responsible Person for the Vacation Rental property located at
1577 S. Riverside Drive; 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 Jesus Salcedo was issued a suspension of the Vacation Rental
Registration Certificate for the property located at 1577 S. Riverside Dr., Palm Springs,
on June 1, 2021 with an effective suspension date of June 28, 2021, and
WHEREAS, Elizabeth Lane, for administrative citation A6630 filed an
administrative appeal of the citation with the City Clerk and paid the appeal fee; and
WHEREAS, Jesus Salcedo, for the property located at 1577 S. Riverside 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 August 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 July 28, 2021; and
Resolution No. 0200
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 May 22, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that Jesus
Salcedo 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 July 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 is in violation of Palm Springs Municipal Code
5.25.090(b). The Administrative Appeals Board upholds administrative citation A6630 and
the administrative decision of a two-year suspension of the Vacation Rental Registration
Certificate for the property located at 1577 S. Riverside 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 28th DAY OF JULY 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0200
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 ce rtify
that Resolution No. 0200 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 July 2021, by the following vote:
AYES: Basile, Hedrick, Moses, 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 2nd day of August 2021.
ANTHONY J. MEJIA, MMC
City Clerk