HomeMy WebLinkAboutAB0651 - Hopkins PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: March 27, 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
LAURA HOPKINS FOR THE PROPERTY LOCATED AT 1331 E. DEL
PASO WAY, PALM SPRINGS.
BY: Office of Special Programs Compliance Department
SUMMARY
Laura Hopkins 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
1331 E. Del Paso Way, 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 AB0651 ISSUED IN THE
AMOUNT OF $2,500 TO LAURA HOPKINS AND THE ADMINISTRATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1331 E.
DEL PASO WAY, PALM SPRINGS.
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Administrative Appeals Board Staff Report
March 27, 2024 - Page 2
Vacation Rental Appeal – 1331 E. Del Paso Way, Palm Springs
BACKGROUND:
The property located at 1331 E. Del Paso Way, Palm Springs, is a registered Vacation
Rental with the City of Palm Springs with a start date of December 7, 2022.
STAFF ANALYSIS:
The owner for the property located at 1331 E. Del Paso Way was issued administrative
citation AB0651 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 December 8, 2022, along with the Vacation
Rental Certificate, with a link to access the contract summary tool. A third notification was
sent via email on December 22, 2022, along with the Transient Occupancy Tax Permit,
with a link to access the contract summary tool. Additionally, for the renewal for 2023, an
email was sent with the link to the contract summary tool, and a power point related to
Contract Summary and Contract Counts.
The City of Palm Springs Code Compliance determined after receiving notification from
the Department of Special Program Compliance administrative staff and a following audit
completed in late December 2023, early January 2024, that the property located at 1331
E. Del Paso Way, had not submitted Contract Summaries for short-term Vacation Rental
stays. A Code Compliance Officer that audited the property found that the property had
27 short-term rental stays in Calendar year 2023. Attachment 6.
A review below of the Contract Summary system confirmed zero submissions and is also
included in Attachment 6.
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Administrative Appeals Board Staff Report
March 27, 2024 - Page 3
Vacation Rental Appeal – 1331 E. Del Paso Way, Palm Springs
Staff finds that based on the information reviewed, that short-term vacation rental use at
the property 1331 E. Del Paso Way, 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 AB0651 in the amount of $2,500.00 to Laura Hopkins, the
owner 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.
Pursuant to Palm Springs Municipal Code 5.25.090(d) the Vacation Rental Certificate
was suspended for a period of six-months starting January 29, 2024.
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:
”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
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Administrative Appeals Board Staff Report
March 27, 2024 - Page 4
Vacation Rental Appeal – 1331 E. Del Paso Way, Palm Springs
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”.
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Administrative Appeals Board Staff Report
March 27, 2024 - Page 5
Vacation Rental Appeal – 1331 E. Del Paso Way, 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 AB0651 4
Department Notification 5
Code Officer Findings 6
Suspension Letter 7
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ATTACHMENT 1
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RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF THE
ADMINISTRATIVE CITATION AB0651 ISSUED IN THE AMOUNT OF $2,500
TO LAURA HOPKINS AND THE ADMINISTRATIVE DECISION OF A SIX-
MONTH SUSPENSION OF THE VACATION RENTAL REGISTRATION
CERTIFICATE FOR THE PROPERTY LOCATED AT 1331 E. DEL PASO WAY,
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, Laura Hopkins 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 1331 E. Del Paso Way, hosted guests for a period of twenty-eight (28)
consecutive days or less; and
WHEREAS, Administrative Citation No. AB0651 failure to file a Contract
Summary was issued on January 10, 2024, to Laura Hopkins for the property located at
1331 E. Del Paso Way, Palm Springs; and
WHEREAS, Laura Hopkins, filed an administrative appeal of the Administrative
Citation No. AB0651 for failure to file a Contract Summary prior to an occupancy for the
property 1331 E. Del Paso Way, 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 March 27, 2024; and
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Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Laura Hopkins., 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 March 27,
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 Laura Hopkins., for the property located at
1331 E. Del Paso Way, 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 Laura Hopkins., for the property located at
1331 E. Del Paso Way, Palm Springs
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Item 7 - 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, 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:
BRENDA PREE. MMC, CERA
City Clerk
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ATTACHMENT 2
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ATTACHMENT 3
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ATTACHMENT 4
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ATTACHMENT 5
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1
Patrick Clifford
From:John Stamback-Sawyer
Sent:Wednesday, March 20, 2024 10:08 AM
To:Patrick Clifford
Subject:FW: 1331 E Del Paso Way
Attachments:1331 Del Paso.pdf; Contract Summary and Contract Counts.pdf
John Stamback‐Sawyer | AdministraƟve Assistant
Department of Special Program Compliance
City of Palm Springs
425 N. Civic Dr, Palm Springs, CA 92262
Email: John.Stamback‐Sawyer@palmspringsca.gov | Phone: 760.322.8377
The Department of Special Program Compliance business hours are Monday through Thursday 7:30am – 5:30pm.
CONFIDENTIAL COMMUNICATION: This message is for the sole use of the intended recipients and may contain
confidential material, legally privileged information, and/or information exempt from disclosure under applicable law. Any
unauthorized review, use, disclosure or distribution is prohibited. If you have received this e-mail in error, please so notify
the sender by reply email and destroy all copies of the original.
From: John Stamback‐Sawyer
Sent: Wednesday, December 20, 2023 2:33 PM
Subject: 1331 E Del Paso Way
Hello.
Please find attached your Vacation Rental Certificate Renewal.
Just a reminder that you are required to submit your Contract Summaries using this tool
https://www.palmspringsca.gov/government/departments/special-program-compliance/vacation-
rentals/submit-contract-summary; you are required to submit your Contract Summaries for each guest
stay prior to arrival. Providing the contract itself is not necessary and will not be accepted as a Contract
Summary. You cannot submit Contract Summaries retroactively. Please review the Contract Summary
attachment. Homeshare’s are exempt from Contract Summaries.
For monthly TOT payments, you may go to https://www.palmspringsca.gov/government/departments/finance-
treasury/transient-occupancy-tax-tot to pay on line. Do not file $0.00 TOT returns online. You will submit
“zero” returns by emailing TOTdesk@palmspringsca.gov. If you have questions regarding TOT taxes or the
TOT payment tax process, please contact the TOT Desk at 760.323.8226 or TOTdesk@palmspringsca.gov.
Vacation Rental and Homeshare lodgings pay a 1% TBID (Tourism Business Improvement District) assessment
on short term stays of 27 days or less. The Greater Palm Springs Convention & Visitors Bureau (CVB) has
further information on their website: https://www.visitgreaterpalmsprings.com/2020-tbid/ Although the 1%
TBID will be paid at the same time as your monthly TOT payments, TBID money is a separate item that will be
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2
directed to the CVB. Do not combine the TOT tax rate of 11.5% and the 1% TBID in your advertising, as these
need to be separate charges. For more information on the 1% TBID Click here.
To sign up for our e-notification to keep informed of stakeholder meetings, newsletters and up to date
information click here.
Please take a minute to review our website, read our past newsletters and watch the short videos to help your
Vacation Rental stay in compliance and be a complete success.
Thank you and stay safe,
John Stamback‐Sawyer | AdministraƟve Assistant
Department of Special Program Compliance
City of Palm Springs
425 N. Civic Dr, Palm Springs, CA 92262
Email: John.Stamback‐Sawyer@palmspringsca.gov | Phone: 760.322.8377
The Department of Special Program Compliance business hours are Monday through Thursday 7:30am – 5:30pm.
CONFIDENTIAL COMMUNICATION: This message is for the sole use of the intended recipients and may contain
confidential material, legally privileged information, and/or information exempt from disclosure under applicable law. Any
unauthorized review, use, disclosure or distribution is prohibited. If you have received this e-mail in error, please so notify
the sender by reply email and destroy all copies of the original.
Item 7 - Page 30
The Department of Special Program ComplianceContract Summaries and Contract CountsItem 7 - Page 31
The Department of Special Program ComplianceA Contract Summary is:•A summary or abstract of the written Contract, in a form approved by the Enforcement Official•Filed with the Enforcement Official prior to occupancy, in a manner approved by the Enforcement Official •Not required for homesharingpropertiesItem 7 - Page 32
The Department of Special Program ComplianceWho needs to file a Contract Summary•Vacation Rental Owners or Operators (Excluding Homeshares)•Must submit a Contract Summary prior to occupancy for:•For guest stays 28-consecutive days or less•Family or friends included*•Event house use*•You can access the submission tool by visiting: Submit a Contract SummaryItem 7 - Page 33
The Department of Special Program ComplianceFriends and Family update: If an owner has a friend or family staying at the property and the owner is not present during the guest stay•If the friend or family is listed on the friends and family list•Submit a contract summary with the selection “friend and family”•This will not count towards the annual contract limit count.•If the friend or family is not listed on the friends and family list•Submit a contract summary with the selection with the appropriate contract number•This will count towards the annual contract limit count.Update!Item 7 - Page 34
The Department of Special Program ComplianceFriends and Family update: If an owner has a friend or family staying at the property and the owner is not present during the guest stay•If the friend or family is listed on the friends and family list•Submit a contract summary with the selection “friend and family”•This will not count towards the annual contract limit count.Update!Item 7 - Page 35
The Department of Special Program ComplianceEvent HousesPalm Springs Municipal Code 5.25.070 (w)For any Vacation Rental, including any Junior Vacation Rental, that is also used as an Event House, as that term is used in Palm Springs Municipal Code Chapter 5.75, each event shall be counted as a Contract, for purposes of Section 5.25.070’s annual caps on the number of Contracts, for such propertyItem 7 - Page 36
The Department of Special Program ComplianceSupports Contract Requirements•As described in Palm Springs Municipal Code 5.25.070(h):•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 each applicable occupancy, in a manner approved by the Enforcement OfficialSupports Annual Contract Limitations•New permittees (permitted on or after October 18, 2022:•26 Contracts each calendar year•Existing permittees (permitted on or before October 17, 2022 •32 Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year•Four 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•Reduced to 26, on January 1, 2026•Junior Vacation Rentals•6 contracts each calendar year.Supports Code Enforcement•Allows to know when a property is rented short-term in the case a concern is called in.•Allows to know who the Responsible Person is in case contact is needed for a concern•Allows oversight to make sure contract limitations are being followedWhy are the Contract Summaries Required?Item 7 - Page 37
The Department of Special Program ComplianceFailing to submit a summary?•First Offense•$500 penalty for each count over the permitted limit•For example, if you are permitted 36 contracts a calendar year and you have 38 short‐term stays, this is 2 additional stays, and the penalty is $1,000•Second offense•$1000 penalty for each count over the permitted limit•If a contract summary was not submitted for the excessive stays, this would be a six‐month suspension and $2,500 penalty•First offense•$2,500 fine•Six-month suspension•Second Offense•$5,000 fine•Revocation of certificateExceeding short-term stay limitations in a calendar year?What are the violations and penalties?Item 7 - Page 38
The Department of Special Program Compliance•Pursuant to 5.25.080 Audit•Each Owner and agent or representative of any Owner shall provide the Enforcement Official with access to each Vacation Rental and the books, records, documents, papers, tax returns, and bank accounts at any time during normal business hours as the Enforcement Official may determine are necessary or convenient for the purpose of inspection or audit to determine that the objectives and conditions of this Chapter are being fulfilled.•Code Compliance are currently conducting audits•Please send all questions to the Code Compliance officer identified in the letter and or email using the contact information providedContract Summary AuditsItem 7 - Page 39
The Department of Special Program ComplianceDemonstrationItem 7 - Page 40
The Department of Special Program ComplianceQuestionsItem 7 - Page 41
ATTACHMENT 6
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ATTACHMENT 7
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January 11, 2024
Laura Hopkins
1331 E. Del Paso Way
Palm Springs, CA 92262
City of Palm Springs
Department of Special Program Compliance
425 North Civic Drive • Palm Springs, California 92262
Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palrnspringsca.gov
Re: Suspension of Short-Term Vacation Rental Registration Certificate #2824 for 1331 E. Del Paso Way, Palm
Springs, CA 92262
Upon review of the recent activity at your short-term rental property located at 1331 E. Del Paso Way, Palm
Springs, the City of Palm Springs is hereby suspending your Vacation Rental Registration Certificate for a period
of six (6) months. In order to minimize the negative impact to any near-term guests visiting our city who may
already be currently booked at your property, the suspension period will begin on January 29, 2024, and will
end on July 29, 2024. All advertising of your property for short term rentals must cease immediately.
During the suspension period, your property may not be rented for short term stays (28 days or fewer) but you -~
may rent your property as a long-term rental. Transient Occupancy Tax returns and annual renewal fees will still
be due, unless you choose to complete and submit the enclosed Owner's Request to Close TOT Permit and
Vacation Rental Certificate form.
This suspension is issued in accordance with the City of Palm Springs Municipal Code (PSMC) Section 5.25.090(d)
as follows:
"(d) 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.
You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(f).
Your appeal will be heard by the Administrative Appeals Board in accordance with Palm Springs Municipal
Code, Chapter 2.50. Please also see the attached Written Notice of Appeal Form and Filing Process information;
or feel free to contact the Department of Special Program Compliance at #760-322-8382 with questions.
Should you choose to appeal this suspension, your suspension does go into effect on January 29, 2024 in
accordance with this letter, and it remains in effect pending the outcome of the Administrative Appeals Board
hearing. Advertising or operating as a vacation rental prior to the determination of the Administrative Appeals
Board is a violation of PSMC Section 5.25.090(c).
Post Office Box 2743 • Palm Springs, California 92263-2743 Item 7 - Page 95
To exercise your option to appeal, your completed Written Notice of Appeal Form with the non-refundable
appeal fee of $911 must be received by the City Clerk's office no later than February 1, 2024, and should be
addressed to:
Respectfully,
/4/,P
Scott Stiles V')
City Manager
Cc: File, Agency
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263
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