HomeMy WebLinkAbout0209 Toledo - UpheldRESOLUTION NO. 0209
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF GONZALO TOLEDO FOR THE
PROPERTY LOCATED AT 2660 N. FARRELL DR.,
PALM SPRINGS, CALIFORNIA, REGARDING
ADMINISTRATIVE CITATIONS AB0316 AND AB0330 AND
THE PERMANENT 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 Gonzalo Toledo did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 2660 N. Farrell 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, 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
Ten Thousand Dollars ($10,000.00) for a second violation, 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. AB0316 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on April 3, 2021 to
Gonzalo Toledo for the property located at 2660 N. Farrell Dr., Palm Springs; and
WHEREAS, Gonzalo Toledo filed an administrative appeal of the Administrative
Citation No. AB0316 Operating a Vacation Rental without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at
2660 N. Farrell Dr., Palm Springs with the City Clerk; and
Resolution No. 0209
Page 2
WHEREAS, Administrative Citation No. AB0330 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on June 11, 2021 to
Gonzalo Toledo for the property located at 2660 N. Farrell Dr., Palm Springs; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on October 27, 2021; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Gonzalo Toledo violated Section 5.25.040 (a) of the Palm Springs Municipal Code by an
advertisement on airbnb.com/rooms/47805330 for the property located at 2660 N.
Farrell Dr., Palm Springs from; and
WHEREAS, the Administrative Appeals was presented evidence Gonzalo Toledo
violated Section 5.25.040(a) of the Palm Springs Municipal Code by an itinerary
provided by guests to a Code Compliance officer on April 3, 2021 for short-term
occupancy for the dates April 21, 2021 through April 4, 2021 (3 nights)
WHEREAS, the Administrative Appeals was presented evidence Gonzalo Toledo
violated Section 5.25.040(a) of the Palm Springs Municipal Code by an itinerary
provided by guests to a Code Compliance officer on June 11, 2021 for short-term
occupancy for the dates June 11, 2021 through June 14, 2021 (3 nights)
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on
October 27, 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 Appellant is in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board upholds the administrative decision that
Gonzalo Toledo is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 2660 N. Farrell Dr., Palm Springs, and
the fines of $5,000 and $10,000.
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.
Resolution No. 0209
Page 3
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS 27th DAY OF OCTOBER 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
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. 0209 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 27th day of October, by the following vote:
AYES: Board Members Basile, Kane, Moses, Paonessa, and Sinclair
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 November 2021.
ANTHONY J. MEJIA, MMC
City Clerk