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HomeMy WebLinkAboutItem 4 - Gilbert PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT DATE: October 23, 2024 SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION A8264 AND ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 1344 S. FARRELL DR., PALM SPRINGS, CALIFORNIA. BY: Department of Special Program Compliance SUMMARY Joshua Gilbert has requested an appeal of administrative citation A8264 issued in the amount of $500 and the two (2) year suspension of the Vacation Rental Registration Certificate #4968 for the property located at 1344 S. Farrell Dr., Palm Springs, California. 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 JOSHUA GILBERT FOR THE PROPERTY LOCATED AT 1344 S. Farrell Dr., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A8264 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4968. Background The property located at 1344 S. Farrell Dr., Palm Springs, California was registered as a Vacation Rental with Vacation Rental Registration Certificate #4968. The start date was March 16, 2022. The Vacation Rental Certificate was revoked August 8, 2024. Vacation Rental Ordinance 1918 became in effect April 2017 and later amended and reinstated in November 2022 with Ordinance 2075. The previous and current Vacation Rental Ordinance details rules that guests renting a Vacation Rental for a period of 28 consecutive days or less must follow; Regulations that owners must follow relating to each stay that is 28 consecutive days or less and that upon the third violation in any twelve- month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years. Item 4 - Page 1 Administrative Appeals Board Staff Report October 23, 2024 -- Page 2 Vacation Rental Appeal – 1344 S. Farrell Dr. STAFF ANALYSIS First Citation – A8258 On May 11, 2024, a City of Palm Springs Code Compliance Officer responded to a complaint for the property located at 1344 S. Farrell Dr., Palm Springs regarding the Vacation Rental property having too many vehicles. Code Officer Whittaker arrived at the property at 12:38 pm and observed a violation of Palm Springs Municipal Code “PSMC” 5.25.070(c) vehicles exceeding the permitted limit at the Vacation Rental located at 1344 S. Farrell Dr. The Code Compliance Officer contacted the occupants, discussed the findings and violation, and issued citation A8258 for a violation of PSMC 5.25.070 (c). The officer report is included as ATTACHMENT 4. Citation A8258 was not appealed and paid in full May 25, 2024. Findings: Six vehicles at the Vacation Rental. The properties permitted limit is 4. Second Citation – A8264 On May 13, 2024, a City of Palm Springs Code Compliance Officer discovered a web- based advertisement for the property located at 1344 S. Farrell Dr. on the rental booking platform Airbnb.com via the following link: https://www.airbnb.co.nz/rooms/980501192833016420, and on VRBO via the following link: https://www.vrbo.com/3610944. Upon review of the advertisement, it was-found that the properties located at 1322 S Farrell Dr., as well as 1344 S Farrell Dr., were being offered as a cluster/compound for short-term rental stays. Citation A8264 was issued to the owner on file for a violation of PSMC 5.25.070(c). The officer report is included as ATTACHMENT 5. Citation A8264 was paid in full May 30, 2024. The portion of page left blank intentionally Item 4 - Page 2 Administrative Appeals Board Staff Report October 23, 2024 -- Page 3 Vacation Rental Appeal – 1344 S. Farrell Dr. Findings: (screenshot of ad) Airbnb Ad 980501192833016420 states: Item 4 - Page 3 Administrative Appeals Board Staff Report October 23, 2024 -- Page 4 Vacation Rental Appeal – 1344 S. Farrell Dr. VRBO AD 3610944 states: (screenshot) Item 4 - Page 4 Administrative Appeals Board Staff Report October 23, 2024 -- Page 5 Vacation Rental Appeal – 1344 S. Farrell Dr. Third Citation – AB0715 On May 14, 2024, a City of Palm Springs Code Compliance Officer issued administrative citation AB0715 for a violation PSMC 5.25.070(h) – failure to submit a contract summary for a guest stay identified as a short-term stay for the dates May 9, 2024, through May 12, 2024, from an event that occurred on May 11, 2024. The officer report is included as ATTACHMENT 6. Citation AB0715 has not been paid as of September 16, 2024. Findings: Pursuant to PSMC 5.25.090(b), “Upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years”. Pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50. Based on the three (3) administrative citations issued in a twelve-month period, a suspension of the Vacation Rental Registration Certificate was issued by the Department of Special Program Compliance with an effective date of June 24, 2024, for two (2) years through June 24, 2026. ATTACHMENT 7. DATE OF VIOLATION CITATION  NUMBER  VIOLATION PSMC  05/11/2024 A8258 Vehicles exceeding permitted limit 5.25.070(c)  05/13/2024 A8264 Advertising/renting one or more Vacation Rentals  properties as part of a compound.  5.25.070(c)  05/13/2024 AB0715 Failure to Submit a Contract Summary 5.25.070(h)  Item 4 - Page 5 Administrative Appeals Board Staff Report October 23, 2024 -- Page 6 Vacation Rental Appeal – 1344 S. Farrell Dr. The following Palm Springs Municipal Code sections and Regulations are applicable to this matter. The Palm Springs Municipal Code, Vacation Rentals §5.25.030 – Definitions "Cluster or compound" means any two or more vacation rentals that operate on a unified or shared basis where residents of such vacation rentals have exclusive access to more than one vacation rental and/or the facilities of such vacation rentals, including by way of example, a swimming pool, tennis court, or cooking facilities. The Palm Springs Municipal Code, Vacation Rentals §5.25.070 - Operational Requirements and Standard Conditions: (c) “The owner shall limit overnight occupancy of the vacation rental unit to a specific number of occupants, with the maximum number of occupants as no more than two persons per bedroom within each vacation rental unit and a maximum of no more than eight persons total within the vacation rental unit, except that owner may allow up to two minor children, age 12 or under, to occupy the vacation rental in addition to the maximum number of occupants otherwise provided in this subsection. The number of bedrooms in a vacation rental shall be verified by the enforcement official using county assessor and/or city building records and/or a physical inspection of the premises, prior to the issuance of a registration certificate. The owner may also allow up to four daytime occupants in addition to the total number of guests allowed for overnight occupancy pursuant to this subsection. No more than one automobile per bedroom shall be allowed for each vacation rental. Advertising and/or renting one or more vacation rentals as part of a cluster or compound is prohibited.” (h) “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 Item 4 - Page 6 Administrative Appeals Board Staff Report October 23, 2024 -- Page 7 Vacation Rental Appeal – 1344 S. Farrell Dr. owner or the owner's agent for a minimum of four 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 each applicable 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 (b) – Violations (b) “Upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years”. ADMINISTRATIVE REGULATION “Violation Count for Purposes of Suspending a Vacation Rental Certificate”- Effective 8/2017 Procedure: A. Section 5.25.090(b) specifies, “Upon the third violation in any twelve (12) month period, the City Manager shall suspend the Vacation Rental Certificate for two (2) years.” Following is a clarification how violations are counted. 1. Administrative citations for violations of Chapter 5.25 issued to the Vacation Rental guest, Owner, or Owner’s agent prior to April 16, 2017, will count towards the calculation of the three (3) violations in any twelve (12) month period for suspending the Vacation Rental Certificate for such property in accordance with Section 5.25.090(b). 2. There will be no suspension unless at least one (1) violation occurs under new Ordinance No. 1918. 3. Appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50. Administrative Regulation “Authority for the Issuance of Administrative Citations” dated 08/2017 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 4 - Page 7 Administrative Appeals Board Staff Report October 23, 2024 -- Page 8 Vacation Rental Appeal – 1344 S. Farrell Dr. 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 A8258 and officer report 4 Administrative Citation A8264 and officer report 5 Administrative Citation AB0715 and officer report 6 1344 S. Farrell Dr. Suspension letter 7 Item 4 - Page 8 ATTACHMENT 1  Item 4 - Page 9 RESOLUTION NO. ___ A RESOLUTION OF THE ADMINISTRATIVE APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE APPEAL OF JOSHUA GILBERT FOR THE PROPERTY LOCATED AT 1344 S. FARRELL DR., PALM SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE CITATION A8264 ISSUED IN THE AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF VACATION RENTAL REGISTRATION CERTIFCATE #4968 Jurisdiction: This administrative hearing is conducted in accordance with Palm Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals Board. WHEREAS, the City investigated in detail and found the property 1344 S. Farrell Dr., Palm Springs, California to be in violation pursuant to Section 5.25.070(c) on May 11, 2024, and issued administrative citation A8258; and WHEREAS, the City investigated in detail and found the property 1344 S. Farrell Dr., Palm Springs, California to be in violation pursuant to Section 5.25.070(c) on May 13, 2024, and issued administrative citation A8264; and WHEREAS, the City investigated in detail and found the property 1344 S. Farrell Dr., Palm Springs, California to be in violation pursuant to Section 5.25.070(h) on May 13, 2024, and issued administrative citation AB0715; and WHEREAS, upon the third violation in any twelve-month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years; and WHEREAS Green Palm Management LLC, C/O Lauren Barrish, owner for the property, was issued a suspension of the Vacation Rental Registration Certificate for a period of two-years for the property located at 1344 S. Farrell Dr., Palm Springs, California on May 30, 2024, with an effective suspension date of June 24, 2024, and WHEREAS, Joshua Gilbert for the property located at 1344 S. Farrell Dr., Palm Springs, California filed an administrative appeal of the suspension of the Vacation Rental Registration Certificate with the City Clerk and paid the appeal fee; and WHEREAS, pursuant to Administrative Regulation dated 8/2017, appeals of the third administrative citation and the suspension of the Vacation Rental Registration Certificate will be heard by the Administrative Appeals Board according to PSMC Chapter 2.50 WHEREAS, the Administrative Appeals Board opened and conducted a duly noticed Administrative Appeal Hearing on October 23, 2024; and Item 4 - Page 10 Resolution ____ Page 2 WHEREAS, the Administrative Appeals Board was presented evidence that Green Palm Management LLC, C/O Lauren Barrish, owner for the property located at 1344 S. Farrell Dr., Palm Springs, is in violation pursuant to Section 5.25.090 (b) 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 October 23, 2024; 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 5.25.090(b). The Administrative Appeals Board upholds administrative citation A8264 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 1344 S. Farrell Dr., Palm Springs, California The Appellant is not in violation of Palm Springs Municipal Code 5.25.090(b). The Administrative Appeals Board overturns administrative citation A8264 and the administrative decision of a two-year suspension of the Vacation Rental Registration Certificate for the property located at 1344 S. Farrell Dr., Palm Springs, California THIS PORTION OF PAGE BLANK Item 4 - Page 11 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 Basille 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 4 - Page 12 ATTACHMENT 2  Item 4 - Page 13 NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA BEFORE THE ADMINISTRATIVE APPEALS BOARD TO: Joshua Gilbert NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.080(d), of the Appeal Hearing before the Administrative Appeals Board, on the decision of the Department of Special Program Compliance, Violation of the Palm Springs Municipal Code 5.25, with respect to vacation rental operations located at 1344 S. Farrell Dr., Palm Springs, CA. 92262. Hearing Date: Hearing Time: October 23, 2024 5:30 p.m. Location: City Hall Lan:;e Conference Room 3200 E. Tahquitz Canyon Dr, Palm Springs, CA. 92262 The Administrative Appeals Board requests that if you have supplemental doc umentatio n/evidence, that you provide such documentation 24-hour s in advance of the hearing. You may submit your documentation in person or via email at CityCl erk@palmspringsca.gov. Documentation submitted at the meeting will be accepted; however, if the Boa rd does not think it has adequate time to review your document ation, your appeal hearing may be continued to a future m eeting. A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 48-hours in advance of the hearing. Please contact the Office of th� City Clerk at (760) 323-8204 or via email at CityClerk@palmspringsca.gov. State of California ) County of Riverside ) ss. City of Palm Springs ) AFFIDAVIT OF MAILING I, Cassandra Edney, Deputy City Clerk of the City of Palm Springs, California, do hereby certify that the Notice of Hearing before the Administrative Appeals Board was emailed to the parties at the address above, on October 1, 2024. I declare under penalty of perjury that the foregoing is true and correct. 00,\f�Cassandra ey Deputy City Clerk Item 4 - Page 14 NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA TO: Joshua Gilbert BEFORE THE ADMINISTRATIVE APPEALS BOARD NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.080(d), of the Appeal Hearing before the Administrative Appeals Board, on the decision of the Department of Special Program Compliance, Violation of the Palm Springs Municipal Code 5.25, with respect to vacation rental operations located at 1344 S. Farrell Dr., Palm Springs, CA. 92262. Hearing Date: Hearing Time: September 25, 2024 5:30 p.m. Location:City Hall Large Conference Room 3200 E. Tahquitz Canyon Dr, Palm Springs, CA. 92262 The Administrative Appeals Board requests that if you have supplemental do cumentation/evidence, that you provide such documentation 24-hours in advance of the hearing. You may submit your documentation in person or via email at CityClerk@palmspringsca.gov. Documentation submitted at the meeting will be accepted; however. if the Board does not think it has adequate time to review your documentation, your appeal hearing may be continued to a future meeting. A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 48-hours in advance of the hearing. Please contact the Office of the City Clerk at (760) 323-8204 or via email at CityClerk@palms pringsca.gov. State of California ) County of Riverside ) ss. City of Palm Springs ) AFFIDAVIT OF MAILING I, Cassandra Edney, Deputy City Clerk of the City of Palm Springs, California, do hereby certify that the Notice of Hearing before the Administrative Appeals Board was emailed to the parties at the address above, on September 4, 2024. I declare under penalty of perjury that the foregoing is true and correct. QB) Cassand�ey Deputy City Clerk Item 4 - Page 15 NOTICE OF ADMINISTRATIVE HEARING CITY OF PALM SPRINGS, CALIFORNIA TO: Joshua Gilbert BEFORE THE ADMI ISTRA TIVE APPEALS BOARD NOTICE IS HEREBY GIVEN, pursuant to Palm Springs Municipal Code §2.50.080(d), of the Appeal Hearing before the Administrative Appeals Board, on the decision of the Department of Special Program Compliance, Violation of the Palm Springs Municipal Code 5.25, with respect to vacation rental operations located at 1344 S. Farrell Dr., Palm Springs, CA. 92262. Hearing Date: Hearing Time: September 25, 2024 5:30 p.m. Location: City Hall Large Conference Room 3200 E. Tahquitz Canyon Dr, Palm Springs, CA. 92262 The Adm inistra ti ve Appeals Board requests that if you have supplementa l documentation/evidence, that you provide such documentation 24-hours in advance of the hearing . You may submit your documenta tion in person or via email at CityC lerk @palmspringsca.gov. Documentation submitted at the mee ting will be accepted; however, if the Board does not think it has adequate time to review your documentation, your appeal hearing may be continued to a future m eeting. A bilingual and/or ASL interpreter will be made available, at no cost, upon request at least 48-hours in advance of the hearing. Please contact the Office of the City Clerk at (760) 323-8204 or via email at CityC lerk@palm springsca.gov. State of California ) County of Riverside ) ss. City of Palm Springs ) AFFIDAVIT OF MAILING I, Cassandra Edney, Deputy City Clerk of the City of Palm Springs, California, do hereby certify that the Notice of Hearing before the Administrative Appeals Board was emailed to the parties at the address above, on September 16, 2024. I declare under penalty of perjury that the foregoing is true and correct. Item 4 - Page 16 ATTACHMENT 3  Item 4 - Page 17 ��· City of Palm Springs RECEIVED JUL O 1 2024 Office of the City Clerk OFFICE OF TH E 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92267 CITY CLERK TEL: (760) 323-8204 I FAX: (760) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL CERTIFICATE SUSPENSION, REVOCATION OR DENIAL AVISO ESCRITO OE FORMULARIO OE APELAC16N PARA SUSPENSl6N REVOCACl6N O NEGACl6N DEL CERTIFICAOO OE ALQUILER OE VACACIONES If you have received a Suspension, Revocation or Denial Notice of a Vacation Rental Registration Certificate from the City of Palm Springs Vacation Rental Compliance Department, please use this form to request an appeal. You must Include paymfflt of the appeal fee with this form. I Si recibi6 un aviso de suspensi6n revocaci6n o denegaci6n de un certificado de registro de alquller vacacional del Departamento de cumplimiento de alquileres vacacionales de la ciudad de Palm Springs, uti!ice este formulario para solicitor una apealaci6n. Dcbe lnduir el pogo de la tori/a de apelaclon con este formularlo. :)o£ttl/A-G\�� 3IPage --------------- This completed form must be sent to: City of Palm Springs: Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Item 4 - Page 18 City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 TEL: (760) 323-8204 I FAX: (760) 323-8332 WRITTEN NOTICE OF APPEAL FORM FOR VACATION RENTAL CERTIFICATE SUSPENSION, REVOCATION OR DENIAL PLEASE COMPLETE THE FOLLOWING QUESTIONS/ POR FAVOR COMPLETE LAS SIGUIENTES PREGUNTAS: 2.Specify the grounds of the appeal/ Especifique los motives de la ap elaci6n . 3.Specify the relief you are seeking/ Especifique el alivio que busca. _. c.,., r" Fm o JJ �o vav �j { cJYL-S\.J -3 rB'J s I o AJ � 4I Page Item 4 - Page 19 City of Palm Springs FINANCE DEPARTMENT PO Box 2743 Palm Springs, CA 92263-2743 +1 (760) 323-8299 Like No Place Else! 07/02/2024 08:44AM Shahriar 003010-0005 MISCELLANEOUS OTHER CHARGE CURRENT SVC (OTHCHG) 2025    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 153 -------------- Change due $0.00 Paid by: JOSHUA GILBRT |  CITY CLERK : A8264 - CITATION APPEAL FEE Thank you for your payment CUSTOMER COPY Item 4 - Page 20 ATTACHMENT 4  Item 4 - Page 21 Item 4 - Page 22 Item 4 - Page 23 Item 4 - Page 24 Item 4 - Page 25 Item 4 - Page 26 Item 4 - Page 27 Item 4 - Page 28                     ATTACHMENT 5  Item 4 - Page 29 Item 4 - Page 30 Item 4 - Page 31 Item 4 - Page 32 Item 4 - Page 33 Item 4 - Page 34 Item 4 - Page 35 Item 4 - Page 36 Item 4 - Page 37 Item 4 - Page 38 Item 4 - Page 39 Item 4 - Page 40 Item 4 - Page 41 Item 4 - Page 42 Item 4 - Page 43 Item 4 - Page 44 Item 4 - Page 45 Item 4 - Page 46 Item 4 - Page 47 Item 4 - Page 48 Item 4 - Page 49                     ATTACHMENT 6  Item 4 - Page 50 Item 4 - Page 51 Item 4 - Page 52 Item 4 - Page 53 Item 4 - Page 54 Item 4 - Page 55 Item 4 - Page 56 Item 4 - Page 57 Item 4 - Page 58 Item 4 - Page 59 Item 4 - Page 60 Item 4 - Page 61 Item 4 - Page 62 Item 4 - Page 63 Item 4 - Page 64 Item 4 - Page 65                     ATTACHMENT 7  Item 4 - Page 66 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.palmspringsca.gov May 30, 2024 Green Palm Management LLC C/O Lauren Barrish Re: Suspension of Short-Term Vacation Rental Certificate 4968 for 1344 S. Farrell Dr., Palm Springs, CA 92264 Upon review of the recent activity at your Vacation Rental property at 1344 S. Farrell Dr., Palm Springs, the City of Palm Springs is suspending your Vacation Rental Registration Certificate for a period of two (2) years. In order to minimize the negative impact to the near-term guests visiting our city who may be currently booked at your property, the suspension period will begin on June 24, 2024, and will end on June 24, 2026. All advertising of your property for short-term renting must cease immediately. During the suspension period, your property may not be rented for short-term stays (28 days or less) but you may rent your property as a long term rental. This suspension is being made in accordance with the City of Palm Springs Municipal Code Section 5.25.090(b) as follows: "Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years." During the last 12 months, the following citations have been issued to the property. (Copies are attached): DATE OF VIOLATION CITATION VIOLATION NUMBER 5/11/24 A8258 Vehicles exceeding permitted limit 5/13/24 A8264 Advertising/Renting one or more Vacation Rental properties as part of a compound 5/13/24 AB0715 Failure to Submit Contract Summary PSMC 5.25.070(c) 5.25.070(c); 5.25.070(h) During your suspension, 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. Post Office Box 2743 • Palm Springs, California 92263-2743 Item 4 - Page 67 You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25.090(f), and pursuant to Administrative Regulation dated 8/2017 (copy attached), your appeal will be heard by the Administrative Appeals Board in accordance with Palm Springs Municipal Code, Chapter 2.50. Any appeal of the third and fourth Administrative Citations AB0715 must be addressed at this Administrative Appeals Board hearing pursuant to the Administrative Regulation. 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 June 24, 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). To exercise your option to appeal, your completed Written Notice of Appeal Form with the non-refundable appeal fee of $911.00 must be received by the City Clerk's office no later than June 20, 2024, and should be addressed to: Respectfully, Scott Stiles � City Manager cc: File; Apek Rentals City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263 Item 4 - Page 68