HomeMy WebLinkAboutItem 6 - AB0583; AB0679 - Li PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: May 22, 2024
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT OLIVER GUAN LI,
IS PERMANENTLY INELIGIBLE TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS AND THE ADMINISTRATIVE FINES OF
$5,000 AND $10,000 FOR OPERATING AN UNREGISTERED VACATION
RENTAL PROPERTY LOCATED AT 2240 N. SAN GORGONIO RD., PALM
SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Oliver Guan Li has requested an appeal of the permanent ineligibility to operate a
Vacation Rental in the City of Palm Springs and administrative fine of $10,000.00 for
operating an unregistered Vacation Rental property located at 2240 N. San Gorgonio Rd.,
Palm Springs. The appeal did not reference the first citation issued in the amount of
$5,000.
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 OLIVER GUAN LI, FOR THE PROPERTY LOCATED AT 2240 N.
SAN GORGONIO RD., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0583 ISSUED IN THE AMOUNT OF $5,000,
ADMINITSTRATIVE CITATION AB0679 ISSUED IN THE AMOUNT OF $10,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A VACATION RENTAL IN
THE CITY OF PALM SPRINGS
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Item 6 - Page 1
Administrative Appeals Board Staff Report
May 22, 2024
Vacation Rental Appeal – 2240 N. San Gorgonio Rd., Palm Springs
STAFF ANALYSIS:
Citation AB0583
The owner for the property located at 2240 N. San Gorgonio Rd., Palm Springs did not
hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date
of violation on August 30, 2023.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 2240 N. San Gorgonio Rd., as a Vacation Rental from
elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/888739542961136482 listed as “Palm
Springs Poolside Retreat” ATTACHMENT 5
2. Advertisement Airbnb.com/rooms/888739542961136482 lists minimum stay 3-
nights. ATTACHMENT 5
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates September 15, 2023, through September 23, 2023 (8-nights);
ATTACHMENT 6
4. A response was received by the Code Compliance Officer confirming
availability for the dates September 15, 2023, through September 23, 2023 (8-
nights); ATTACHMENT 6
Staff finds that the advertisement found on Airbnb.com/rooms/888739542961136482 and
inquiry affirmation for the dates September 15, 2023, through September 23, 2023 (8-
nights) for stay at property 2240 N. San Gorgonio Rd., is in violation of §5.25.040(a) and
proceeded to issue Administrative Citation AB0583, in the amount of $5,000, to Oliver
Guan Li, the owner as listed 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.
Citation AB0679
The owner for the property located at 2240 N. San Gorgonio Rd., Palm Springs did not
hold a Vacation Rental Registration Certificate by the City of Palm Springs as of the date
of violation on February 16, 2024
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 2240 N. San Gorgonio Rd., as a Vacation Rental from
elements as follows in violation of Palm Springs Municipal Code 5.25.040 (a):
1. Advertisement Airbnb.com/rooms/888739542961136482 listed as “Palm
Springs Poolside Retreat” ATTACHMENT 8
2. Advertisement Airbnb.com/rooms/888739542961136482 lists minimum stay 3-
nights. ATTACHMENT 8
Item 6 - Page 2
Administrative Appeals Board Staff Report
May 22, 2024
Vacation Rental Appeal – 2240 N. San Gorgonio Rd., Palm Springs
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates April 19, 2024, through April 23, 2024 (4-nights); ATTACHMENT 9
4. A response was received by the Code Compliance Officer confirming
availability for the dates April 19, 2024, through April 23, 2024 (4-nights);
ATTACHMENT 9
5. A short-term rental agreement for the dates April 19, 2024, through April 23,
2024 (4-nights) ATTACHMENT 9
Staff finds that the advertisement found on Airbnb.com/rooms/888739542961136482,
inquiry affirmation and short-term rental agreement for the dates April 19, 2024, through
April 23, 2024 (4-nights) for stay at property 2240 N. San Gorgonio Rd., is in violation of
§5.25.040(a) and proceeded to issue Administrative Citation AB0679, in the amount of
$10,000, to Oliver Guan Li, the owner as listed 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.
Additional Information
Two administrative citations for operating a Vacation Rental have been issued to the
owner on title, with an escalating fine amount. Each citation however has the penalty of
permanent ineligibility to operate a Vacation Rental in the City of Palm Springs, including
the address located at 2240 N. San Gorgonio. While the appeal mentions only the second
citation, staff finds that including the first citation is vital due to the permanent ineligibility
penalty applied.
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.
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
Item 6 - Page 3
Administrative Appeals Board Staff Report
May 22, 2024
Vacation Rental Appeal – 2240 N. San Gorgonio Rd., Palm Springs
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.”
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Item 6 - Page 4
Administrative Appeals Board Staff Report
May 22, 2024
Vacation Rental Appeal – 2240 N. San Gorgonio Rd., Palm Springs
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Administrative citation AB0583 & citation letter 4
AB0583 Copy of the Airbnb.com/rooms/888739542961136482
advertisement 5
AB0583 Copy of Code Compliance Inquiry 6
Administrative citation AB0679 & citation letter 7
AB0679 Copy of the Airbnb.com/rooms/888739542961136482
advertisement 8
AB0679 Copy of Code Compliance Inquiry 9
Copy of the title report and Residential Lease 10
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Item 6 - Page 5
ATTACHMENT 1
Item 6 - Page 6
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF OLIVER GUAN LI, FOR THE
PROPERTY LOCATED AT 2240 N. SAN GORGONIO RD.,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0583 ISSUED IN THE
AMOUNT OF $5,000, ADMINITSTRATIVE CITATION
AB0679 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 Oliver Guan Li. did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 2240 N. San Gorgonio Rd., 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, In the event the person continues to operate a vacation rental without a
vacation registration certificate, the person shall be liable for an administrative fine in
the amount of $10,000.00, 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. AB0583, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on September 9, 2023, to
Oliver Guan Li. for the property located at 2240 N. San Gorgonio Rd., Palm Springs;
and
WHEREAS, Administrative Citation No. AB0679, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on February 21, 2024 to
Oliver Guan Li. for the property located at 2240 N. San Gorgonio Rd., Palm Springs;
and
WHEREAS, Oliver Guan Li. filed an administrative appeal of the Administrative
Citation No. AB0679 operating a Vacation Rental without a Vacation Rental Registration
Item 6 - Page 7
Resolution No.
Page 2
Certificate issued in the amount of $10,000 for the property located at 2240 N. San
Gorgonio Rd., Palm Springs with the City Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on May 22, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Oliver Guan Li. violated Section 5.25.040(a) of the Palm Springs Municipal Code by an
advertisement listed on Airbnb.com/rooms/888739542961136482 for the property
located at 2240 N. San Gorgonio Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Oliver Guan Li. 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 2240 N. San Gorgonio Rd.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; September
15, 2023, through September 23, 2023 (8-nights) and April 19, 2024, through April 23,
2024 (4-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on May 22, 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
Oliver Guan Li. is permanently ineligible to operate a Vacation Rental in
the City of Palm Springs, including the property located at 2240 N. San
Gorgonio Rd., 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 Oliver Guan Li. is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 2240 N. San Gorgonio Rd., Palm Springs and the fine
of $5,000.
The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Oliver Guan Li. is permanently ineligible to operate a Vacation Rental in
the City of Palm Springs, including the property located at 2240 N. San
Gorgonio Rd., Palm Springs and the fine of $10,000.
Item 6 - Page 8
Resolution No.
Page 3
The Appellant is in violation of Palm Springs Municipal Code 5.25.040(a).
The Administrative Appeals Board overturns the administrative decision
that Oliver Guan Li. is permanently ineligible to operate a Vacation Rental
in the City of Palm Springs, including the property located at 2240 N. San
Gorgonio Rd., Palm Springs and the fine of $10,000.
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 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
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