HomeMy WebLinkAbout0278 - Leibowitz - OverturnRESOLUTION NO. 0278
RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ITAI LEIBOWITZ FOR THE
PROPERTY LOCATED AT 290 W. SAN CARLOS RD.,
PALM SPRINGS, CALIFORNIA REGARDING THE DENIAL
OF A VACATION RENTAL REGISTRATION CERTIFICATE.
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS On February 9, 2022, Itai Leibowitz was issued Vacation Rental
Registration Certificate #4928 for the property located at 290 W San Carlos Rd., Palm
Springs under the 290 W San Carlos LLC; and
WHEREAS, The City Council adopted Ordinance 2075 on November 28, 2022;
and
WHEREAS, Palm Springs Municipal Code Section 5.25.040(b) reads “A natural
person, partnership, limited liability partnership, or limited liability company that does not
qualify as a “Business Entity”, or personal or family trust shall not maintain any financial
interest in more than one Vacation Rental”; and
WHEREAS, Palm Springs Municipal Code Section 5.25.040(b) reads “For this
purpose, financial interest includes both legal and beneficial ownership as well as any
arrangement that provides for receipt of any portion of the revenues generated by the
Vacation Rental”; and
WHEREAS, Palm Springs Municipal Code Section 5.25.040(b) reads “For
purposes of this section, a person shall be deemed to have a financial interest in any
Vacation Rental that is owned by his or her spouse or registered domestic partner,
regardless of the terms of any contractual arrangement, such as any transmutation (i.e.,
pre- or post- nuptial) agreement”; and
WHEREAS, Palm Springs Municipal Code Section 5.25.040(b) reads “An Owner
shall only be issued, and can only maintain, one Vacation Rental Registration Certificate
at any time”; and
WHEREAS, Vacation Rental Registration Certificate #4928 for the property
located at 290 W San Carlos Rd., Palm Springs under the 290 W San Carlos LLC
Expired January 31, 2023; and
WHEREAS, The Department of Special Program mailed a document dated July
17, 2023 titled “Notice of Denial of Permit Renewal of Vacation Rental Registration
Certificate City ID NO. 4928;
Resolution No. 0278
Page 2
WHEREAS, Itai Leibowitz, on behalf of 290 W. San Carlos LLC, filed an
administrative appeal of the denial for the renewal of Vacation Rental Registration
Certificate #4928 for the property located at 290 W. San Carlos Rd., Palm Springs with
the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on September 27, 2023; and
WHEREAS, the Administrative Appeals Board was presented evidence that Itai
Leibowitz is in violation of Section 5.25.040(b) of the Palm Springs Municipal Code by
maintaining financial interests in more than one Vacation Rental; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on September 27,
2023; 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(b).
The Administrative Appeals Board upholds the administrative decision that Itai
Leibowitz is ineligible for a Vacation Rental Certificate to operate a vacation
rental for a property located at 290 W. San Carlos Rd., Palm Springs, California
The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(b).
The Administrative Appeals Board overturns the administrative decision that Itai
Leibowitz is ineligible for a Vacation Rental Certificate to operate a vacation
rental for a property located at 290 W. San Carlos Rd., Palm Springs, California
Resolution No. 0278
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 27th DAY OF SEPTEMBER 2023.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0278
Page 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. 0278 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 September 2023, by the following vote:
AYES: Board Member Parker, Board Member Kane, Vice Chair Paonessa and
Chair Sinclair
NOES: None
ABSENT: Board Member Basile
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 28th day of September 2023.
Brenda Pree, MMC, CERA
City Clerk