HomeMy WebLinkAbout0301 - Flores - UpheldRESOLUTION NO. 0301
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF PABLO FLORES FOR THE
PROPERTY LOCATED AT 400 W. CAMINO ALTURAS,
PALM SPRINGS, CALIFORNIA REGARDING
ADMINISTRATIVE CITATION A7900 ISSUED IN THE
AMOUNT OF $500 AND THE TWO-YEAR SUSPENSION OF
VACATION RENTAL REGISTRATION CERTIFCATE #4990.
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 400 W. Camino
Alturas, Palm Springs, California to be in violation pursuant to Section 5.25.040 (f) on
March 31, 2023, and issued administrative citation A6704; and
WHEREAS, the City investigated in detail and found the property 400 W. Camino
Alturas, Palm Springs, California to be in violation pursuant to Section 5.25.040 (f) on
June 12, 2023, and issued administrative citation A7659; and
WHEREAS, the City investigated in detail and found the property 400 W. Camino
Alturas, Palm Springs, California to be in violation pursuant to Section 5.25.070 (g) on
March 17, 2024, and issued administrative citation A7900; 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 Jin He Zhong, 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 400 W. Camino Alturas, Palm Springs, California on March 28, 2024, with an effective
suspension date of April 22, 2024, and
WHEREAS, Pablo Flores for the property located at 400 W. Camino Alturas, 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 June 26, 2024; and
Resolution No. 0301
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that Jin
He Zhong, owner for the property located at 400 W. Camino Alturas, 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 June 26, 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 A7900 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 400 W. Camino Alturas, 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 A7900 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 400 W. Camino Alturas, Palm
Springs, California
THIS PORTION OF PAGE BLANK
Resolution No. 0301
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 26th DAY OF JUNE 2024.
Wayne Sinclair
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0301
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. 0301 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 26th day of June 2024, by the following vote:
AYES: Board Member Kane, Chair Sinclair, Board Members Basile, Hermann and
Vice Chair Parker
NOES: None
ABSENT: None
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 27th day of June 2024.
Brenda Pree, MMC, CERA
City Clerk