HomeMy WebLinkAbout0300 - Li - UpheldRESOLUTION NO. 0300
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
Resolution No. 0300
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.
Resolution No. 0300
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 22ND DAY OF MAY 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0300
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. 0300 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: Vice Chair Parker, Board member Basile, 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