HomeMy WebLinkAbout0215 Marashi - UpheldRESOLUTION NO. 0215
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF KAMBIZ MARASHI FOR THE
PROPERTY LOCATED AT 3627 AMBASSADOR DR.,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0331 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 Kambiz Marashi did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 3627 Ambassador 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. AB0331 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on June 21, 2021 to
Kambiz Marashi for the property located at 3627 Ambassador Dr., Palm Springs; and
WHEREAS, Kambiz Marashi filed an administrative appeal of the Administrative
Citation No. AB0331 Operating a Vacation Rental without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at
3627 Ambassador Dr., 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
WHEREAS, the Administrative Appeals Board was presented evidence that
Kambiz Marashi violated Section 5.25.040 (a) of the Palm Springs Municipal Code by
Resolution No. 0215
Page 2
an advertisement for the property located at 3627 Ambassador Dr., Palm Springs from
advertisement on airbnb.com/rooms/49906427; and
WHEREAS, the Administrative Appeals was presented evidence Kambiz Marashi
violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to an
inquiry to book the property located at 3627 Ambassador Dr., Palm Springs for a period
less than twenty-eight (28) days (July 14, 2021 through July 18, 2021 (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
Kambiz Marashi is permanently ineligible to operate a Vacation Rental in the City of
Palm Springs, including the property located at 3627 Ambassador 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 1st DAY OF DECEMBER 2021.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0215
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. 0215 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 7th day of December 2021.
ANTHONY J. MEJIA, MMC
City Clerk