HomeMy WebLinkAbout0214 Guerra Diaz - UpheldRESOLUTION NO. 0214
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ABEL JUAN GUERRA AND CAMILO
DIAZ FOR THE PROPERTY LOCATED AT
1461 E. TWIN STAR RD., PALM SPRINGS, CALIFORNIA
REGARDING ADMINISTRATIVE CITATION AB0341
ISSUED IN THE AMOUNT OF $5,000 AND THE
PERMANENT INELIGIBILITY 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 Abel Juan Guerra and Camilo Diaz did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at
1461 E. Twin Star Rd., 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. AB0341 Operating a Vacation Rental
without a Vacation Rental Registration Certificate was issued on July 22, 2021, to Abel
Juan Guerra and Camilo Diaz for the property located at 1461 E. Twin Star Rd., Palm
Springs; and
WHEREAS, Abel Juan Guerra and Camilo Diaz filed an administrative appeal of
Administrative Citation No. AB0341 Operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $5,000 for the property located at
1461 E. Twin Star Rd., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on December 1, 2021; and
Resolution No. 0214
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that Abel
Juan Guerra and Camilo Diaz violated Section 5.25.040 (a) of the Palm Springs
Municipal Code by an advertisement for the property located at 1461 E. Twin Star Rd.,
Palm Springs from advertisement on airbnb.com/rooms/44121971; and
WHEREAS, the Administrative Appeals was presented evidence Abel Juan
Guerra and Camilo Diaz violated Section 5.25.040(a) of the Palm Springs Municipal
Code by responding to an inquiry to book the property located at 1461 E. Twin Star Rd.,
Palm Springs, for a period less than twenty-eight (28) days (September 13 through
September 17 (4-nights)); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on December 1,
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
Abel Juan Guerra and Camilo Diaz are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at
1461 E. Twin Star Rd., 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 file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS 1st DAY OF DECEMBER 2021.
MIKE PAONESSA
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0214
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. 0214 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 1st day of December 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 6th day of December 2021.
ANTHONY J. MEJIA, MMC
City Clerk