HomeMy WebLinkAbout0317 - Gilbert - UpheldRESOLUTION NO. 0317
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
Resolution 0317
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
Resolution 0317
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 23RD DAY OF OCTOBER 2024.
Patrick Basile
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution 0317
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. 0317 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 23rd day of October 2024, by the following vote:
AYES: VICE CHAIR PARKER, BOARD MEMBERS HEIN, HERMANN,
AND CHAIR BASILE
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 28th day of October.
Brenda Pree, MMC, CERA
City Clerk