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Home My WebLink AboutItem 7 - AB0650 - Beard PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: February 28, 2024 SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT BRIAN BEARD IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINE OF $5,000 FOR OPERATING AN UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 810 E PASEO EL MIRADOR, PALM SPRINGS, CALIFORNIA BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE SUMMARY Brian Beard has requested an appeal of the permanent ineligibility to operate a Vacation Rental in the City of Palm Springs and administrative fine of $5,000.00 for operating an unregistered Vacation Rental property located at 810 E Paseo El Mirador, 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 BRIAN BEARD FOR THE PROPERTY LOCATED AT 810 E PASEO EL MIRADOR, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0650 ISSUED IN THE AMOUNT OF $5,000 AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN THE CITY OF PALM SPRINGS THIS PORTION OF PAGE BLANK Item 7 - Page 1 Administrative Appeals Board Staff Report February 28, 2024 Vacation Rental Appeal – 810 Paseo El Mirador, Palm Springs STAFF ANALYSIS: The owner for the property located at 810 E Paseo El Mirador, Palm Springs did not hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date of violation on January 5, 2024. Staff has determined that the owner has, without a Registration Certificate, advertised and operated the property at 810 E Paseo El Mirador, as a Vacation Rental from elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a): 1. Advertisement Airbnb.com/rooms/897176076911204486 listed as “Movie Colony Spanish” ATTACHMENT 5 2. Advertisement Airbnb.com/rooms/897176076911204486 lists minimum stay 5- nights. ATTACHMENT 5 3. A Code Compliance Officer submitted an online booking inquiry to stay during the dates March 7, 2024, through March 28, 2024, (21-nights); ATTACHMENT 6 4. A response was received by the Code Compliance Officer confirming availability for the dates March 7, 2024, through March 28, 2024, (21-nights); ATTACHMENT 6 Staff finds that the advertisement found on Airbnb.com/rooms/897176076911204486 and inquiry affirmation for the dates March 7, 2024, through March 28, 2024, (21-nights) for stay at property 810 E Paseo El Mirador, is in violation of §5.25.040(a) and proceeded to issue Administrative Citation AB0650, in the amount of $5,000, to Brian Beard the owner on title, for operating a Vacation Rental without a Vacation Rental Registration Certificate. The Administrative Citation was mailed by the Department of Special Program Compliance staff to the mailing address on title. The following Palm Springs Municipal Codes sections and Regulations 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 §5.25.040(a) reads as follows: The operation of a Vacation Rental or a Homeshare Interest without a Vacation Rental Registration Certificate is prohibited. Item 7 - Page 2 Administrative Appeals Board Staff Report February 28, 2024 Vacation Rental Appeal – 810 Paseo El Mirador, Palm Springs Palm Springs Municipal Code §5.25.090(c) reads as follows regarding the administrative fine: (c) Any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City for the payment of transient occupancy tax pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including without limitation penalties and interest, payment of an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City…” Administrative Regulation “Operation of a Vacation Rental” dated 07/2017 defining “Operation” of a Vacation Rental to include the following: 1. “Advertisement” of the property means on any web-based advertising, hosting platform, print media, bulletin, signage, radio, and television or on 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. 2. An owner, agent or other representative of the owner has an interest in rental, exchange, trade, gift, or grant of a guest stay at a property of less than twenty-eight (28) consecutive days or less. 3. An owner, agent or any other representative of the owner interacts with another party whether directly or indirectly through personal or digital/electronic contact with the intent to provide availability of the property for occupancy of 28 days or less, or to complete a rental and/or reservation of the property for future occupancy of 28 days or less.” Administrative Regulation “Authority for the Issuance of Administrative Citations” dated 08/2014 reads as follows: “Vacation Rental Enforcement Officials are hereby authorized to issue, an Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm Springs Municipal Code without first complying with the pre-citation or courtesy notice requirements contained in PSMC Section 1.06.030.” Item 7 - Page 3 Administrative Appeals Board Staff Report February 28, 2024 Vacation Rental Appeal – 810 Paseo El Mirador, Palm Springs Patrick Clifford Assistant Director Department of Special Program Compliance Attachments: AB0650 Resolution no. _____ 1 Notice of Appeal Hearing 2 Administrative citation Appeal Letter 3 Administrative citation AB0650 & citation letter 4 Copy of the Airbnb.com/rooms/897176076911204486 advertisement 5 Copy of Code Compliance Inquiry 6 Copy of the title report 7 THIS PORTION OF PAGE BLANK Item 7 - Page 4 ATTACHMENT 1 Item 7 - Page 5 RESOLUTION NO. ____ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF BRIAN BEARD FOR THE PROPERTY LOCATED AT 810 PASEO EL MIRADOR, PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION AB0650 ISSUED IN THE AMOUNT OF $10,000 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 Brian Beard did not obtain a Short-Term Vacation Rental Registration Certificate for the property located at 810 Paseo El Mirador, 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. AB0650, operating a Vacation Rental without a Vacation Rental Registration Certificate, was issued on January 9, 2024, to Brian Beard for the property located at 810 Paseo El Mirador, Palm Springs; and WHEREAS, Brian Beard filed an administrative appeal of the Administrative Citation No. AB0650 operating a Vacation Rental without a Vacation Rental Registration Certificate issued in the amount of $5,000 for the property located at 810 Paseo El Mirador, Palm Springs with the City Clerk; and WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on February 28, 2024; and WHEREAS, the Administrative Appeals Board was presented evidence that Brian Beard violated Section 5.25.040(a) of the Palm Springs Municipal Code by an Item 7 - Page 6 Resolution No. Page 2 advertisement listed on Airbnb.com/rooms/897176076911204486 for the property located at 810 Paseo El Mirador, Palm Springs; and WHEREAS, the Administrative Appeals Board was presented evidence that Brian Beard is in violation of Section 5.25.040(a) of the Palm Springs Municipal Code by a response to an inquiry to book the property located at 810 Paseo El Mirador, Palm Springs and confirmation of a period less than twenty-eight (28) days; March 7, 2024, through March 28, 2024, (21-nights); 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 5.25.040(a). The Administrative Appeals Board upholds the administrative decision that Brian Beard is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 810 Paseo El Mirador, Palm Springs and the fine of $5,000. The Appellant is not in violation of Palm Springs Municipal Code 5.25.040(a). The Administrative Appeals Board overturns the administrative decision that Brian Beard is permanently ineligible to operate a Vacation Rental in the City of Palm Springs, including the property located at 810 Paseo El Mirador, Palm Springs and the fine of $5,000. Item 7 - Page 7 Resolution No. 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, MMC, CERA 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: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of . Brenda Pree, MMC, CERA City Clerk Item 7 - Page 8 ATTACHMENT 2 Item 7 - Page 9 Item 7 - Page 10 Item 7 - Page 11 ATTACHMENT 3 Item 7 - Page 12 Item 7 - Page 13 Item 7 - Page 14 City of Palm Springs, CA FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 01/18/2024 01:41PM Sarah F. 002179-0011 MISCELLANEOUS OTHER CHARGE CURRENT SVC (OTHCHG) 2024 Item: OTHCHG 1 @ $911.0000 Balance unpaid: -$911.00 OTHER CHARGE CURRENT SVC (OTHCHG) $911.00 -------------- $911.00 Subtotal $911.00 Total $911.00 CHECK $911.00 Check Number 467 -------------- Change due $0.00 Paid by: Brian T Beard - AB0650 Admin citiation appeal fee Thank you for your payment City of Palm Springs, CA COPY DUPLICATE RECEIPT Item 7 - Page 15 ATTACHMENT 4 Item 7 - Page 16 Item 7 - Page 17 Item 7 - Page 18 Item 7 - Page 19 Item 7 - Page 20 ATTACHMENT 5 Item 7 - Page 21 Item 7 - Page 22 Item 7 - Page 23 Item 7 - Page 24 Item 7 - Page 25 Item 7 - Page 26 Item 7 - Page 27 Item 7 - Page 28 Item 7 - Page 29 Item 7 - Page 30 Item 7 - Page 31 Item 7 - Page 32 Item 7 - Page 33 Item 7 - Page 34 Item 7 - Page 35 ATTACHMENT 6 Item 7 - Page 36 Item 7 - Page 37 Item 7 - Page 38 Item 7 - Page 39 Item 7 - Page 40 Item 7 - Page 41 1/12/24, 9:08 AM Messages • Airbnb https://www.airbnb.com/guest/inbox/1691253865?ttype=home_booking 1/4 Jan 4, 2024 Jan 5, 2024 Brian Response time: 14 hrs Your inquiry for 5 guests on Mar 8 – 15 has been sent. Show listing Wayne 6:17 PM Hi Brian, we are looking to book for a week in March. I didn't see any mention in the listing whether the pool or spa are heated. If they are, do you charge an extra fee for it? Thank you! Brian 7:34 AM Hi Wayne house in on the market so I'm hesitant to accept as we need to sell. Thanks for your interest. If it was a longer stay like the month then yes. Best, Brian Wayne 9:11 AM Gotcha, the longest I think we could stay would be 2-3 weeks max as the kids are back in school the rst of April Wayne 2:51 PM Are you ok with a 3 week booking? Brian 2:57 PM Actually I think a 3 week booking could work 👍 What dates are you thinking? Wayne 3:01 PM March 7 to March 28, 2024 Brian 3:05 PM Ok I can do that for 18k ...half paid up front and regarding pool spa it's $50/day for spa extra $100/day for pool. Wayne 3:18 PM Ok, let me nd out if the group wants to heat the pool and spa or just one or the other Item 7 - Page 42 1/12/24, 9:08 AM Messages • Airbnb https://www.airbnb.com/guest/inbox/1691253865?ttype=home_booking 2/4 Jan 8, 2024 Jan 10, 2024 Jan 11, 2024 Brian 3:18 PM Ok Brian 2:41 PM Hello Wayne did you want to go ahead and book this property ? I do need payment upfront but can probably do 75/day for pool/spa heat if you were still interested. Thank you . Brian Brian 12:48 PM Hello Wayne you still there? Want to nail this down for you, so I know what I am doing for FEB ..if I rent to you for March, then I can rent for FEB but if you are not interested I am going to keep trying to sell and the market seems to be picking up...Please let me know when you can. Much appreciated. Thank you. Brian Brian sent you a special oer for 5 guests on Mar 8 – 22. Brian withdrew their special oer. Brian sent you a special oer for 5 guests on Mar 8 – 29. Show details The special oer for 5 guests on Mar 8 – 29 has expired. Learn more Wayne 3:22 PM Not a problem. I know we'll be back out for Memorial Day weekend as well. Read by Brian Brian 3:24 PM Soooo are you interested in these dates still ? It's just 3 weeks makes more sense ...would love to have you enjoy this property that's probably the best month in the desert! Item 7 - Page 43 ATTACHMENT 7 Item 7 - Page 44 Item 7 - Page 45