HomeMy WebLinkAbout0204 Carillo - UpheldRESOLUTION NO. 0204
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF DAVID CARILLO FOR THE
PROPERTY LOCATED AT 1557 E. BUENA VISTA DR.,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0323 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 David Carillo and Simone Carillo did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 1557 E. Buena Vista
Dr., 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. AB0323 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on May 6, 2020 to David
Carillo and Simone Carillo for the property located at 1557 E. Buena Vista Dr., Palm
Springs; and
WHEREAS, David Carillo filed an administrative appeal of the Administrative
Citation No. AB0323 Operating a Vacation Rental without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at 1557
E. Buena Vista Dr., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 22, 2021; and
Resolution No.0204
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
David Carillo and Simone Carillo violated Section 5.25.040 (a) of the Palm Springs
Municipal Code by an advertisement for the property 1557 E. Buena Vista Dr., Palm
Springs from located on airbnb.com/rooms/11985742; and
WHEREAS, the Administrative Appeals was presented evidence that David
Carillo and Simone Carillo violated Section 5.25.040(a) of the Palm Springs Municipal
Code by reservation HMNC5Z522 for stay at the property located at 1557 E. Buena
Vista Dr., Palm Springs for a period less than twenty-eight (28) days (April 23, 2021 to
April 25, 2021 [2-nights]); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on September 22,
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
David Carillo and Simone Carillo are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 1557 E. Buena
Vista Dr., 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 22nd DAY OF SEPTEMBER 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No.0204
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. 0204 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 September 22, 2021, by the following vote:
AYES: Board Members Basile, Kane, Moses, Sinclair, and Chair 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 29th day of September 2021.
Anthony J. Mejia, City Clerk
City of Palm Springs, California