HomeMy WebLinkAboutItem 5 - AB0599 Grosso PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: February 28, 2024
SUBJECT: APPEAL OF THE ADMINISTATIVE DECISION OF A SIX-MONTH
SUSPENSION OF THE VACATION RENTAL REGISTRATION
CERTIFICATE AND THE ADMINISTRATIVE FINE OF $2,500.00 TO
TAYLOR GROSSO AND JULIE WHITE FOR THE PROPERTY LOCATED
AT 622 S. HIGHLAND DR., PALM SPRINGS.
BY: Office of Special Programs Compliance Department
SUMMARY
Taylor Grosso has requested an appeal of the 6-month suspension of the Vacation Rental
Registration Certificate and the administrative fine of $2,500.00 for failure of submitting a
Contract Summary to the Enforcement Official for the property located at 622 S. Highland
Dr., Palm Springs.
RECOMMENDATION:
1)Open the Appeal Hearing and accept public testimony.
2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF THE ADMINISTRATIVE CITATION AB0599 ISSUED IN THE
AMOUNT OF $2,500 TO TAYLOR GROSSO AND JULIE WHITE AND THE
ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 622 S. HIGHLAND DR., PALM SPRINGS.
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Item 5 - Page 1
Administrative Appeals Board Staff Report
February 28, 2024 - Page 2
Vacation Rental Appeal – 622 S. Highland Dr., Palm Springs
BACKGROUND:
The property located at 622 S. Highland Dr., Palm Springs, is a registered Vacation Rental
with the City of Palm Springs with a start date of July 6, 2022.
STAFF ANALYSIS:
The owners for the property located at 622 S. Highland Dr. were issued administrative
citation AB0599 for failure to file contract summaries to the Enforcement Official as
required by The Vacation Rental Ordinance 2075 for guests stays of 28 days or less at a
Vacation Rental.
The Vacation Rental Ordinance No. 2075 (Palm Springs Municipal Code 5.25) requires
the submittal of a Contract Summary prior to each separate guest stay of 28 days or less
at a Vacation Rental. This Contract Summary allows the Office of Special Program
Compliance Department to verify the contract limitations outlined in Palm Springs
Municipal Code Section 5.25.070(b).
Palm Springs Municipal Code (PSMC) 5.25.070(b) states “A Contract includes any
occupancy of a property subject to a Vacation Rental registration certificate by persons
other than the Owner when the Owner is not present during such occupancy, regardless
of whether compensation is paid for such occupancy or whether occupancy is evidenced
in an agreement or document”.
The Department of Special Program Compliance administration staff communicated the
requirement to submit contract stays prior to arrival. Attachment 5. Initial notification can
be found in the Vacation Rental Registration Certificate application under section D. A
second notification was sent via email on July 6, 2022, along with the Vacation Rental
Certificate, with a link to access the contract summary tool. A third notification was sent
via email on July 13, 2022, along with the Transient Occupancy Tax Permit, with a link to
access the contract summary tool.
The City of Palm Springs Code Compliance determined after receiving a music complaint
on September 16, 2023, and issuing a citation for a violation found, that the property
located at 622 S. Highland Dr., had not submitted a Contract Summary for a short-term
Vacation Rental stay. A Code Compliance Officer investigated the property and found
that the property had 16 short-term rental stays between January 2023 through
September 2023, and three contract summaries were submitted. Attachment 6.
A review below of the Contract Summary system confirmed three submissions and is also
included in Attachment 6.
Submission Date This Contract Summary is Conf VR Property VR Property TOT #: Palm Springs Bedroom: First Name Last Arrival Date: Departure Date: Contract Contract Year:
2023‐04‐13 13:40:16 New Contract Summary 5060 622 S Highland Dr 9199 Demuth Park 3 Taylor Grosso 04‐13‐2023 04‐17‐2023 6 2023
2023‐01‐12 20:19:14 New Contract Summary 5060 622 S Highland Dr 9199 Demuth Park 3 Taylor Grosso 01‐13‐2023 01‐15‐2023 3 2023
2023‐01‐12 20:16:53 New Contract Summary 5060 622 S Highland Dr 9199 Demuth Park 3 Taylor Grosso 01‐20‐2023 01‐22‐2023 3 2023
Item 5 - Page 2
Administrative Appeals Board Staff Report
February 28, 2024 - Page 3
Vacation Rental Appeal – 622 S. Highland Dr., Palm Springs
Staff finds that based on the information reviewed, that short-term vacation rental use at
the property 622 S. Highland Dr., occurred and Contract Summaries were not submitted
as required prior to a guest stay of 28-days or less and proceeded to issue administrative
citation number AB0599 in the amount of $2,500.00 to Taylor Grosso and Julie White, the
owners on title, for failure to file a contract summary to the Enforcement Official prior to
occupancy of the Vacation Rental. The Administrative Citation was mailed by staff to the
mailing address located on the title report.
Additional Information
Upon drafting this staff report, staff has found that citation AB0599 was the third
administrative citation in a twelve-month period. A citation review is included below:
Citation #1 – Date of violation 2/18/23 for music audible at the property line.
Citation #2 – Date of violation 9/16/23 for music audible at the property line.
Citation #3 – Date of violation 9/16/223 for failing to submit contract summaries.
A suspension letter has not been drafted to date. Pursuant to Palm Springs Municipal
Code 5.25.090(b) Upon the third violation in any twelve-month period, the city manager
shall suspend the vacation registration certificate for two years.
The following Palm Springs Municipal Code Sections are applicable to this matter:
The Palm Springs Municipal Code §5.25.030 Definitions, reads as follows:
"Vacation Rental" means a single-family dwelling, or any portion thereof,
utilized for occupancy for dwelling, lodging, or sleeping purposes without
the Owner being present for a period of twenty-eight (28) consecutive days
or less,…”
Palm Springs Municipal Code §5.25.070(b) reads as follows:
No more than thirty-two (32) Contracts for Vacation Rental use of a
property shall be allowed or provided in any calendar year; however, up to
four (4) additional Contracts shall be allowed or provided for the Third
Quarter of a calendar year so long as the entire term of each such
Contract occurs during such Third Quarter A Contract includes any
occupancy of a property subject to a Vacation Rental registration
certificate by persons other than the Owner when the Owner is not present
during such occupancy, regardless of whether compensation is paid for
such occupancy or whether occupancy is evidenced in an agreement or
document.
Palm Springs Municipal Code §5.25.070(h) reads as follows:
Item 5 - Page 3
Administrative Appeals Board Staff Report
February 28, 2024 - Page 4
Vacation Rental Appeal – 622 S. Highland Dr., Palm Springs
”Prior to occupancy pursuant to each separate occasion of rental of a
Vacation Rental, the Owner or the Owner’s agent or representative shall
enter into a written Contract with a Responsible Person where (1) the
Responsible Person will provide the Responsible Person’s name, age,
address, and a copy of a government issued identification; (2) establishes
and sets out the terms and conditions of the Contract, including without
limitation occupancy limits, noise prohibitions, and vehicle parking
requirements; (3) requires the Responsible Person to acknowledge and
agree that he or she is legally responsible for compliance of all occupants
of the Vacation Rental or their guests with all provisions of this Chapter
and/or the Municipal Code; (4) the Owner or the Owner’s Agent provides a
copy of the “Good Neighbor Brochure” to the Responsible Person; (5) the
Responsible Person provides a list of all guests by name; and (6) the
Responsible Person provides a list of all guests’ vehicles, including license
plate numbers. Each Contract shall be maintained by the Owner or the
Owner’s Agent for a minimum of four (4) years and shall be readily available
for inspection upon request of the Enforcement Official. A summary or
abstract of the written Contract, in a form approved by the
Enforcement Official, shall be filed with the Enforcement Official prior
to occupancy, in a manner approved by the Enforcement Official, and
shall be posted in a conspicuous location on the Vacation Rental
property and shall be made available on site at the request of an
Enforcement Official”.
Palm Springs Municipal Code §5.25.090(d) reads as follows regarding the administrative
fines:
“Any person who advertises a Vacation Rental without including the
Vacation Registration Certificate in any advertising for such Vacation
Rental, or operates a Vacation Rental without a contract, or without
providing the City with a summary or abstract of such contract, or
without timely tendering full monthly payments of transient occupancy tax,
shall pay a fine in the amount of Two Thousand, Five Hundred Dollars
($2,500.00) and the Owner’s Vacation Registration Certificate shall be
suspended for six (6) months for a first offense and shall pay a fine in the
amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation
Registration Certificate shall be revoked for a second offense. Any
subsequent violations will be subject to the provisions of Subsection (c) of
this Section”.
Item 5 - Page 4
Administrative Appeals Board Staff Report
February 28, 2024 - Page 5
Vacation Rental Appeal – 622 S. Highland Dr., Palm Springs
Patrick Clifford
Assistant Director
Attachments:
Resolution no. _____ Decision of the Administrative Appeals Board 1
Notice of Appeal Hearing 2 Administrative Citation Appeal Letter 3
Administrative Citation AB0599 4 Department Notification 5 Code Officer Findings 6
Item 5 - Page 5
ATTACHMENT 1
Item 5 - Page 6
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE
ADMINISTRATIVE CITATION AB0599 ISSUED IN THE AMOUNT OF $2,500
TO TAYLOR GROSSO AND JULIE WHITE AND THE ADMINISTRATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 622 S.
HIGHLAND DR., 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, Taylor Grosso and Julie White did not file a Contract Summary for
an occupancy 28 days or less;
WHEREAS, any person who operates a Vacation Rental and fails to submit a
contract summary to the Enforcement Official, shall be liable to the City an
administrative fine in the amount of Two Thousand and Five Hundred Dollars
($2,500.00), and shall have the Vacation Rental Registration Certificate suspended for a
period of six-months, Palm Springs Municipal Code 5.25.090 (d); and
WHEREAS, “Vacation Rental” means a single-family dwelling, or any portion
thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the
Owner being present for a period of twenty-eight (28) consecutive days or less; and
WHEREAS, the City investigated and determined that the Vacation Rental
Property 622 S. Highland Dr., hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0599 failure to file a Contract
Summary was issued on November 3, 2023 to Taylor Grosso and Julie White for the
property located at 622 S. Highland Dr., Palm Springs; and
WHEREAS, Taylor Grosso and Julie White, filed an administrative appeal of the
Administrative Citation No. AB0599 for failure to file a Contract Summary prior to an
occupancy for the property 622 S. Highland Dr., Palm Springs to the Enforcement
Official with the City Clerk and paid the appeal fee; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 28, 2024; and
Item 5 - Page 7
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Taylor Grosso and Julie White violated Section 5.25.070 (h) of the Palm
Springs Municipal Code; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on February 28,
2024; 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 5.25.070(h).
The Administrative Appeals Board upholds the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Taylor Grosso and Julie White for the property
located at 622 S. Highland Dr., Palm Springs
The Appellant is not in violation of Palm Springs Municipal Code 5.25.070(h).
The Administrative Appeals Board overturns the administrative decision of a six-
month suspension of the Vacation Rental Registration Certificate and the
Administrative Fine of $2500.00 to Taylor Grosso and Julie White for the property
located at 622 S. Highland Dr., Palm Springs
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Item 5 - Page 8
Resolution ____
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 DAY OF 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree
City Clerk
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. ____ 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 day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
BRENDA PREE
City Clerk
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ATTACHMENT 5
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ATTACHMENT 6
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