HomeMy WebLinkAbout0322 - Stoecker - UpheldRESOLUTION NO. 0322
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ABIGAIL STOECKER FOR THE
PROPERTY LOCATED AT 287 E. MORONGO RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION A6848 ISSUED IN THE AMOUNT OF $500 AND
THE TWO-YEAR SUSPENSION OF VACATION RENTAL
REGISTRATION CERTIFCATE #031630
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 a complaint and found the property 287 E.
Morongo Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(c)
on November 23, 2023, and issued administrative citation A7745; and
WHEREAS, the City investigated a complaint and found the property 287 E.
Morongo Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(g)
on September 27, 2024, and issued administrative citation A6847; and
WHEREAS, the City investigated a complaint and found the property 287 E.
Morongo Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(e)
on September 28, 2024, and issued administrative citation A6848; 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, Abigail Stoecker, for the property located at 287 E. Morongo Rd.,
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 December 11, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Abigail Stoecker, owner for the property located at 287 E. Morongo Rd., Palm Springs, is
in violation pursuant to Section 5.25.090 (b) of the Palm Springs Municipal Code; and
Resolution 0322
Page 2
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on December 11,
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 A6848 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 287 E. Morongo Rd., 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 A6848 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 287 E. Morongo Rd., Palm
Springs, California
THIS PORTION OF PAGE BLANK
Resolution 0322
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 11TH DAY OF DECEMBER 2024.
Patrick Basille
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution 0322
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. 0322 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 11TH day of December 2024, by the following vote:
AYES: Board member Hein, Chair Basile and Board member Hermann
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 12th day of December 2024.
Brenda Pree, MMC, CERA
City Clerk