HomeMy WebLinkAbout0299 - Fuminaya - UpheldRESOLUTION NO. 0299
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF MAXIMUS FUMINAYA FOR THE
PROPERTY LOCATED AT 3982 EASTGATE RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0673 ISSUED IN THE AMOUNT OF $5,000
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 Maximus Fuminaya did not obtain a Short-Term Vacation Rental
Registration Certificate for the property located at 3982 Eastgate Rd., Palm Springs,
pursuant to Palm Springs Municipal Code Chapter 5.25; and
WHEREAS, any person who operates a Homeshare 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, “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, "Homesharing" means an activity whereby the owner hosts visitors
in the owner's home, for compensation, for periods of 28 consecutive days or less, while
the owner lives on site and in the home, throughout the visitor's stay.
WHEREAS, Administrative Citation No. AB0673, operating a Homeshare without
a Vacation Rental Registration Certificate, was issued on February 9, 2024, to Maximus
Fuminaya for the property located at 3982 Eastgate Rd., Palm Springs; and
WHEREAS, Maximus Fuminaya filed an administrative appeal of the
Administrative Citation No. AB0673 operating a Homeshare without a Vacation Rental
Registration Certificate issued in the amount of $5,000 for the property located at 3982
Eastgate 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
Resolution No. 0299
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Maximus Fuminaya violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement listed on Airbnb.com/rooms/33222941 for the property located at 3982
EASTGATE RD., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Maximus Fuminaya 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 3982 Eastgate Rd.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; February
12, 2024, through February 14, 2024 (2-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
Maximus Fuminaya is permanently ineligible to operate a Vacation Rental
in the City of Palm Springs, including the property located at 3982
Eastgate 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 Maximus Fuminaya is permanently ineligible
to operate a Vacation Rental in the City of Palm Springs, including the
property located at 3982 Eastgate Rd., Palm Springs and the fine of
$5,000.
Resolution No. 0299
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 22ND DAY OF MAY 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0299
Page 4
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. 0299 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 22nd day of May 2024, by the following vote:
AYES: Board member Basile, Vice Chair Parker, and Chair Sinclair
NOES: None
ABSENT: Board member Kane
ABSTAIN: None
RECUSE: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 28th day of May 2024.
Brenda Pree, MMC, CERA
City Clerk