HomeMy WebLinkAbout0210 Girgorian - UpheldRESOLUTION NO. 0210
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ASMIK GRIGORIAN FOR THE
PROPERTY LOCATED AT 5300 E. WAVERLY DR.,
UNIT E6, PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0320 ISSUED IN THE
AMOUNT OF $5,000 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 Asmik Grigorian did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 5300 E. Waverly Dr., Unit E6,
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. AB0320 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on April 16, 2021 to
Asmik Grigorian for the property located at 5300 E. Waverly Dr., Unit E6, Palm Springs;
and
WHEREAS, Asmik Grigorian filed an administrative appeal of the Administrative
Citation No. AB0320 Operating a Vacation Rental without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at
5300 E. Waverly Dr., Unit E6, Palm Springs with the City Clerk; 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
Asmik Grigorian violated Section 5.25.040 (a) of the Palm Springs Municipal Code by
Resolution No. 0210
Page 2
an advertisement on airbnb.com/rooms/47805330 for the property located at
5300 E. Waverly Dr., Unit E6, Palm Springs from; and
WHEREAS, the Administrative Appeals was presented evidence Asmik Grigorian
violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an
inquiry to book the property located at 5300 E. Waverly Dr., Unit E6, Palm Springs for a
period less than twenty-eight (28) days (July 3, 2021 to July 9, 2021 [6 nights]); and
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
Asmik Grigorian is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 5300 E. Waverly Dr., Unit E6, 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 27th DAY OF OCTOBER 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0210
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. 0210 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 2021, 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