HomeMy WebLinkAbout0203 D'Ambra - UpheldRESOLUTION NO. 0203
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF MICHAEL D’AMBRA AND DENISE
D’AMBRA FOR THE PROPERTY LOCATED AT 740 E. MEL
AVE., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0315 ISSUED IN THE
AMOUNT OF $5,000 AND THE PERMANAENT INELIGIBILIY
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 Michael D’Ambra and Denise D’Ambra did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 740 E. Mel Ave.,
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 twent y-eight (28) consecutive days
or less; and
WHEREAS, Administrative Citation No. AB0315 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on March 23, 2021 to
Michael D’Ambra and Denise D’Ambra for the property located at 740 E. Mel Ave.,
Palm Springs; and
WHEREAS, Michael D’Ambra and Denise D’Ambra filed an administrative appeal
of the Administrative Citation No. AB0315 Operating a Vacation Rental without a
Vacation Rental Registration Certificate issued in the amount of $5,000 for the property
located at 740 E. Mel Ave., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on August 25, 2021; and
Resolution No. 0203
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Michael D’Ambra and Denise D’Ambra violated Section 5.25.040 (a) of the
Palm Springs Municipal Code by an advertisement for the property located at
740 E. Mel Ave., Palm Springs from Advertisements on airbnb.com/rooms/38153293
and vrbo.com/2114159; and
WHEREAS, the Administrative Appeals was presented evidence Michael
D’Ambra and Denise D’Ambra violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at
740 E. Mel Ave., Palm Springs for a period less than twenty-eight (28) days
(April 30, 2021 to May 3, 2021 [3 nights]); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on
August 25, 2021; 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 Appellants are in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Michael
D’Ambra and Denise D’Ambra are permanently ineligible to operate a Vacation Rental in the
City of Palm Springs, including the property located at 740 E. Mel Ave., 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 28th DAY OF JULY 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0203
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. 0203 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 August 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 31st day of August 2021.
ANTHONY J. MEJIA, MMC
City Clerk