HomeMy WebLinkAbout0217 Vanson - UpheldRESOLUTION NO. 0217
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON
THE APPEAL OF VANSON LLC FOR THE PROPERTY
LOCATED AT 200 E. RACQUET CLUB RD. #4, PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0336 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 Vanson LLC did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 200 E. Racquet Club Rd. #4, 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. AB0336 operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on July 8, 2021, to
Vanson LLC for the property located at 200 E. Racquet Club Rd. #4, Palm Springs; and
WHEREAS, Tyrel Jackson, member of Vanson LLC, filed an administrative
appeal of the Administrative Citation No. AB0336 operating a Vacation Rental without a
Vacation Rental Registration Certificate issued in the amount of $5,000 for the property
located at 200 E. Racquet Club Rd. #4, Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on January 26, 2022; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Vanson LLC violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
advertisement on vrbo.com/2300639 for the property located at 200 E Racquet Club Rd.
#4, Palm Springs; and
Resolution No. 0217
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence Vanson
LLC violated Section 5.25.040(a) of the Palm Springs Municipal Code by responding to
an inquiry to book the property located at 200 E Racquet Club Rd. #4, Palm Springs
and approved a period less than twenty-eight (28) days (September 1, 2021 to
September 22, 2021 (21 nights)); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on
January 26, 2022; 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
Vanson LLC is permanently ineligible to operate a Vacation Rental in the City of Palm
Springs, including the property located at 200 E. Racquet Club Rd. #4, 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 26th DAY OF JANUARY 2022.
Michael Paonessa
Chair
ATTEST:
ANTHONY J. MEJIA, MMC
City Clerk
Resolution No. 0217
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. 0217 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 26th day of January 2021, by the following vote:
AYES: Basile, Hedrick, Kane, Paonessa
NOES: Moses
ABSENT: Sinclair
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 1st day of February 2022.
ANTHONY J. MEJIA, MMC
CITY CLERK