HomeMy WebLinkAboutItem 5 - AB0732 - Munguia PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: August 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 TO MIGUEL
ANGEL ROMERO MUNGUIA FOR THE PROPERTY LOCATED AT 1388
S. FARRELL DR., PALM SPRINGS.
BY: Office of Special Programs Compliance Department
SUMMARY
Miguel Angel Romero Munguia has requested an appeal of the 6-month suspension of
the Vacation Rental Registration Certificate and the administrative fine of $2,500 for
failure of submitting a Contract Summary to the Enforcement Official for the property
located at 1388 S. Farrell 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 AB0732 ISSUED IN THE
AMOUNT OF $2,500 TO MIGUEL ANGEL ROMERO MUNGUIA AND THE
ADMINISTRATIVE DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 1388 S. FARRELL DR., PALM SPRINGS.
THIS PORTION OF PAGE BLANK
Item 5 - Page 1
Administrative Appeals Board Staff Report
August 28, 2024 - Page 2
Vacation Rental Appeal – 1388 S. Farrell, Palm Springs
BACKGROUND:
The property located at 1388 S. Farrell Dr., Palm Springs, is a registered Vacation Rental
with the City of Palm Springs with a start date of June 20, 2024
STAFF ANALYSIS:
The owner for the property located at 1388 S. Farrell Dr. was issued administrative citation
AB0732 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”.
Initial notification of the requirement to submit a contract summary is located in the online
Vacation Rental Application Section D, line item 2, accompanied by a how-to-video.
Item 5 - Page 2
Administrative Appeals Board Staff Report
August 28, 2024 - Page 3
Vacation Rental Appeal – 1388 S. Farrell, Palm Springs
A second notification was sent at the final approval of the Vacation Rental Registration
Certificate. An email was sent by staff on June 20, 2024 at 11:36am with the below
information. This email shows in the online system as being opened on 7/23/2024.
The letter that was emailed to the email address on file as shown in Attachment 5.
The City of Palm Springs Code Compliance determined after receiving a compliant for
loud music at the Vacation Rental property located at 1388 S. Farrell Dr., that the owner
had not submitted a Contract Summary for the short-term Vacation Rental stay occurring
on the date of the event, July 6, 2024.
A review below of the Contract Summary system confirmed zero submissions in the
previous Contract Summary tool that the City used and four have been submitted as of
August 21, 2024 in the City’ new Contract Summary system. This is also included in
Attachment 6.
Item 5 - Page 3
Administrative Appeals Board Staff Report
August 28, 2024 - Page 4
Vacation Rental Appeal – 1388 S. Farrell, Palm Springs
Staff finds that based on the information reviewed, that short-term vacation rental use at
the property 1388 S. Farrell 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 AB0732 in the amount of $2,500.00 to Miguel Angel Romero Munguia,
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.
Pursuant to Palm Springs Municipal Code 5.25.090(d) the Vacation Rental Certificate
was suspended for a period of six-months starting August 19, 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.
Item 5 - Page 4
Administrative Appeals Board Staff Report
August 28, 2024 - Page 5
Vacation Rental Appeal – 1388 S. Farrell, Palm Springs
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
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 5
Administrative Appeals Board Staff Report
August 28, 2024 - Page 6
Vacation Rental Appeal – 1388 S. Farrell, 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 AB0732 4
Department Notification 5
Code Officer Findings 6
Suspension Letter 7
Item 5 - Page 6
ATTACHMENT 1
Item 5 - Page 7
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTRATIVE CITATION
AB0732 ISSUED IN THE AMOUNT OF $2,500 TO MIGUEL
ANGEL ROMERO MUNGUIA AND THE ADMINISTRATIVE
DECISION OF A SIX-MONTH SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR
THE PROPERTY LOCATED AT 1388 S. FARRELL 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, Miguel Angel Romero Munguia 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 1388 S. Farrell Dr., hosted guests for a period of twenty-eight (28) consecutive
days or less; and
WHEREAS, Administrative Citation No. AB0732 failure to file a Contract
Summary was issued on July 11, 2024 to Miguel Angel Romero Munguia for the
property located at 1388 S. Farrell Dr., Palm Springs; and
WHEREAS, Miguel Angel Romero Munguia, filed an administrative appeal of the
Administrative Citation No. AB0732 for failure to file a Contract Summary prior to an
occupancy for the property 1388 S. Farrell 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 August 28, 2024; and
Item 5 - Page 8
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented prima facie
evidence that Miguel Angel Romero Munguia., 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 August 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 Miguel Angel Romero Munguia., for the
property located at 1388 S. Farrell 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 Miguel Angel Romero Munguia., for the
property located at 1388 S. Farrell Dr., Palm Springs
THIS PORTION OF PAGE BLANK
Item 5 - Page 9
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.
Patrick Basile
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
Item 5 - Page 10
ATTACHMENT 2
Item 5 - Page 11
Item 5 - Page 12
Item 5 - Page 13
ATTACHMENT 3
Item 5 - Page 14
Item 5 - Page 15
Item 5 - Page 16
Item 5 - Page 17
Item 5 - Page 18
Item 5 - Page 19
Item 5 - Page 20
Item 5 - Page 21
Item 5 - Page 22
Item 5 - Page 23
Item 5 - Page 24
Item 5 - Page 25
Item 5 - Page 26
Item 5 - Page 27
ATTACHMENT 4
Item 5 - Page 28
Item 5 - Page 29
Item 5 - Page 30
Item 5 - Page 31
Item 5 - Page 32
ATTACHMENT 5
Item 5 - Page 33
Item 5 - Page 34
June 20, 2024
Business Name: 1388 S Farrell Dr
STR Registration Number: STR-046636
Property Address: 1388 S Farrell Dr Unit:
Town: PALM SPRINGS
Dear Registrant:MIGUEL ANGEL J ROMERO MUNGUIA
Congratulations! Your application for a Vacation Rental in the City of Palm Springs has been
approved. You can access your certificate in your business center under manage your account.
Your City ID and TOT permit is your Account Number: 046636. Please make sure that the City ID#
of 046636 is posted on all advertising in accordance with PSMC 5.25.040 (f). Not posting the ID# on
your advertising can incur a $2500.00 citation and a six-month suspension.
You are required to begin submitting 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
can manage your Contract Summaries in your business center. You will see a button labeled
"Manage Contract Summaries" towards the right side of the Business Center. Failure to submit a
Contract Summary prior to arrival for each short-term guest stay can incur a $2500.00 citation and a
six-month suspension of your Vacation Rental Certificate.
You will be required to remit Transient Occupancy Tax monthly. Each month, you will be assigned a
task in your business center to remit tax for the previous months tax period.
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 directed to the CVB.
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.
Item 5 - Page 35
ATTACHMENT 6
Item 5 - Page 36
Item 5 - Page 37
Item 5 - Page 38
Item 5 - Page 39
Item 5 - Page 40
Item 5 - Page 41
Item 5 - Page 42
Item 5 - Page 43
Item 5 - Page 44
Item 5 - Page 45
Item 5 - Page 46
Item 5 - Page 47
Item 5 - Page 48
Item 5 - Page 49
Item 5 - Page 50
Item 5 - Page 51
Item 5 - Page 52
ATTACHMENT 7
Item 5 - Page 53
City of Palm Springs Department of Special Program Compliance 425 North Civic Drive • Palm Springs, California 92262
Tel: 760.322-8382 • Fax: 760.322.83 I 7 • TDD 760 .864.9527 • www.palmspringsca.go\'
July 25, 2024
Miguel Angel Romero Munguia
Re: Suspension of Short-Term Vacation Rental Registration Certificate #046636 for 1388 S. Farrell Dr .• Palm
Springs, CA 92264
Upon review of the recent activity at your short-term rental property located at 1388 S. Farrell Dr., 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 August 19, 2024, and will end
on February 19, 2025. 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 S.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 August 19. 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 5 - Page 54
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 August 15, 2024, and should
be addressed to:
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263
Respectfully,
��
City Manager
Cc: File
Item 5 - Page 55