HomeMy WebLinkAbout0216 Hajbekian - UpheldRESOLUTION NO. 0216
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ANGELA KHANJYAN FOR THE
PROPERTY LOCATED AT 2885 E. SANDIA ROAD., PALM
SPRINGS, CALIFORNIA, REGARDING ADMINISTRATIVE
CITATIONS AB0318 AND AB0361 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 Angela Khanjyan and Garo Hajbekian did not obtain a Short-Term
Vacation Rental Registration Certificate for the property located at 2885 E. Sandia 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, 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. AB0318 Operating a Vacation Rental
without a Vacation Rental Registration Certificate was issued on May 6, 2021, to
Angela Khanjyan and Garo Hajbekian for the property located at 2885 E. Sandia Road.,
Palm Springs; and
WHEREAS, Angela Khanjyan filed an administrative appeal of the Administrative
Citation No. AB0318 Operating a Vacation Rental without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at
2885 E. Sandia Road., Palm Springs with the City Clerk; and
Resolution No. 0216
Page 2
WHEREAS, Administrative Citation No. AB0361 Operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on November 4, 2021 to
Angela Khanjyan and Garo Hajbekian for the property located at 2885 E. Sandia Road.,
Palm Springs; 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
Angela Khanjyan and Garo Hajbekian violated Section 5.25.040 (a) of the Palm Springs
Municipal Code by an advertisement on airbnb.com/rooms/47722757 for the property
located at 2885 E. Sandia Rd., Palm Springs from; and
WHEREAS, the Administrative Appeals was presented evidence Angela
Khanjyan and Garo Hajbekian 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
11, 2021 for short-term occupancy for the dates April 10, 2021 through April 12, 2021 (2
nights)
WHEREAS, the Administrative Appeals was presented evidence Angela
Khanjyan and Garo Hajbekian 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
17, 2021 for short-term occupancy for the dates April 16, 2021 through April 18, 2021 (2
nights)
WHEREAS, the Administrative Appeals was presented evidence Angela
Khanjyan and Garo Hajbekian violated Section 5.25.040(a) of the Palm Springs
Municipal Code by responding to an inquiry to book the property located at 2885 E.
Sandia Rd, Palm Springs, and approved a period less than twenty-eight (28) days
(December 16, 2021, to December 20, 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
Angela Khanjyan and Garo Hajbekian are permanently ineligible to operate a Vacation
Rental in the City of Palm Springs, including the property located at 2885 E. Sandia
Road, Palm Springs, California, and the fines of $5,000 and $10,000.
Resolution No. 0216
Page 3
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
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. 0216 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, Hedrick, Kane, Moses, and Chair Paonessa
NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: Sinclair
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