HomeMy WebLinkAboutItem 4 - AB0754 - Kirakosyan PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: March 19, 2025
SUBJECT: APPEAL OF THE ADMINISTRATIVE DECISION THAT ARMINE
KIRAKOSYAN IS PERMANENTLY INELIGIBLE TO OPERATE A
VACATION RENTAL IN THE CITY OF PALM SPRINGS AND THE
ADMINISTRATIVE FINE OF $10,000 FOR OPERATING AN
UNREGISTERED VACATION RENTAL PROPERTY LOCATED AT 3149
E. VENTURA RD., PALM SPRINGS, CALIFORNIA
BY: DEPARTMENT OF SPECIAL PROGRAM COMPLIANCE
SUMMARY
Armine Kirakosyan 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 3149 E. Ventura Rd., 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 ARMINE KIRAKOSYAN, FOR THE PROPERTY LOCATED AT 3149
E. VENTURA RD., PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION AB0754 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 4 - Page 1
Administrative Appeals Board Staff Report
March 19, 2025
Vacation Rental Appeal – 3149 E. Ventura Rd., Palm Springs
BACKGROUND
The property located at 3149 E. Ventura Rd., was previously a registered Vacation Rental
with the Registration Certificate #4048. The Registration Certificate was suspended for a
period of two-years effective February 20, 2023, and ending February 20, 2025.
ATTACHMENT 4
On March 23, 2023, The City of Palm Springs Code Compliance issued citation AB0500
for operating a Vacation Rental without a Registration Certificate (ATTACHMENT 5)
pursuant to Palm Springs Municipal Code 5.25.040(a) and 5.25.090(c). No appeal was
received, and payment has not been made towards the citation.
On August 17, 2023, The Department of Special Program Compliance received a closure
form requesting the closure of the Transient Occupancy Tax Permit #7127 and Vacation
Rental Registration Certificate #4048. ATTACHMENT 6
On January 29, 2025, The City of Palm Springs Code Compliance issued citation AB0754
for operating a Vacation Rental without a Registration Certificate pursuant to Palm
Springs Municipal Code 5.25.040(a) and 5.25.090(c). ATTACHMENT 7
STAFF ANALYSIS:
The owner for the property located at 3149 E. Ventura Rd., Palm Springs did not hold a
Vacation Rental Registration Certificate by the City of Palm Springs as of the date of
violation on January 26, 2025.
Staff has determined that the owner has, without a Registration Certificate, advertised
and operated the property at 3149 E. Ventura 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/27665473 listed as “Four Bedroom Palm
Springs Pool/Jacuzzi Home with No Occupancy Tax” ATTACHMENT 8
2. Advertisement Airbnb.com/rooms/27665473 lists minimum stay of 13-nights
ATTACHMENT 8
3. A Code Compliance Officer submitted an online booking inquiry to stay during
the dates April 23, 2025, through May 6, 2025 (13-nights); ATTACHMENT 9
4. A response was received by the Code Compliance Officer confirming
availability for the dates April 23, 2025, through May 6, 2025 (13-nights);
ATTACHMENT 9
Staff finds that the advertisement found on Airbnb.com/rooms/27665473 and inquiry
affirmation for the dates April 23, 2025, through May 6, 2025 (13-nights) for stay at
property 3149 E. Ventura Rd., is in violation of §5.25.040(a) and proceeded to issue
Administrative Citation AB0754, in the amount of $10,000, to Armine Kirakosyan, the
owner on title, for operating a Vacation Rental without a Vacation Rental Registration
Item 4 - Page 2
Administrative Appeals Board Staff Report
March 19, 2025
Vacation Rental Appeal – 3149 E. Ventura Rd., Palm Springs
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.
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.”
Item 4 - Page 3
Administrative Appeals Board Staff Report
March 19, 2025
Vacation Rental Appeal – 3149 E. Ventura Rd., Palm Springs
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.”
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
AB0754 Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative citation Appeal Letter 3
Suspension Letter Dated 2/2/23 4
Administrative citation AB0500 5
Request to closure form 6
Administrative citation AB0754 & citation letter 7
Copy of the Airbnb.com/rooms/27665473 advertisement 8
Copy of Code Compliance Inquiry 9
Copy of the title report 10
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Item 4 - Page 4
ATTACHMENT 1
Item 4 - Page 5
RESOLUTION NO. ____
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ARMINE KIRAKOSYAN, FOR THE
PROPERTY LOCATED AT 3149 E. VENTURA RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0754 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 Armine Kirakosyan did not obtain or was not issued a Short-Term
Vacation Rental Registration Certificate for the property located at 3149 E. Ventura Rd.,
Palm Springs, as of the violation date of February 2, 2025, 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 any successive violations shall be subject to fines
provided in an escalation formula established by the city council by resolution; 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. AB0754, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on January 29, 2025, to
Armine Kirakosyan for the property located at 3149 E. Ventura Rd., Palm Springs; and
WHEREAS, Armine Kirakosyan filed an administrative appeal of the
Administrative Citation No. AB0754 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $10,000 for the property located
at 3149 E. Ventura Rd., Palm Springs with the City Clerk; and
Item 4 - Page 6
Resolution No.
Page 2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 19, 2025, and
WHEREAS, the Administrative Appeals Board was presented evidence that
Armine Kirakosyan violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement listed on Advertisement Airbnb.com/rooms/27665473 for the property
located at 3149 E. Ventura Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Armine Kirakosyan 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 3149 E. Ventura Rd.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; April 23,
2025, through May 6, 2025 (13-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on March 19,
2025; 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
Armine Kirakosyan is permanently ineligible to operate a Vacation Rental
in the City of Palm Springs, including the property located at 3149 E.
Ventura Rd., Palm Springs and the fine of $10,000.
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Armine Kirakosyan is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 3149 E. Ventura Rd., Palm Springs and the fine of
$10,000.
Item 4 - 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 2025.
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:
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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ATTACHMENT 9
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Jan 25
1:59 PM
Read by Renee
Renee2:39 PM
Jan 26
Feb 5
Renee1:37 PM
Your inquiry for 5 guests on Apr 23 – May 6 has been sent. Show listing
Hi Renee, my hubby and I are trying to plan a group vacation on the
dates of 4/23/25- 5/6/25. Im looking into golf in the area and how far
your place is from the airport. Do these dates work for you? Thanks
so much!
Marie
Hello Marie, thank you for your interest in my house. Thank you for
letting me know about your trip it’s 2.9 miles away from the Palm
Springs airport. About 8min away. Yes these dates are available.
Please let me know if you have any other questions.
Thank you
Renee
Renee invited you to book for 5 guests on Apr 23 – May 6. Complete booking
Invitation to book expired
Thank you for your interest in my house. But it looks like my house
manager approved this reservation by mistake this. Property is a
minimum 28 day rental. Please let me know if that’s something you
would be interested in.Sorry for the inconvenience but we won’t be
able to accept this request for those many days.
Typical response time: 20 minutes
3/13/25, 1:16 PM Messages • Airbnb
https://www.airbnb.com/guest/messages/2054127757 1/1Item 4 - Page 71
ATTACHMENT 10
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