HomeMy WebLinkAbout0323 - Gedikian - OverturnedRESOLUTION NO. 0323
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ALIN AND STEVE GEDIKIAN FOR
THE PROPERTY LOCATED AT 1322 S. FARRELL DR.,
PALM SPRINGS, CALIFORNIA REGARDING THE DENIAL
OF A VACATION RENTAL REGISTRATION CERTIFICATE.
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS On November 28, 2022, the City of Palm Springs City Council
adopted Ordinance 2075 amending and restating Palm Springs Municipal Code 5.25 –
Vacation Rentals; and
WHEREAS, Vacation rentals and homesharing are only allowed as ancillary and
secondary uses of residential property in the city; and
WHEREAS, The Vacation Rental Ordinance provides a permitting process and
imposes operational requirements consistent with the ancillary and secondary status of
vacation rentals and homesharing, for the purpose of minimizing the potential adverse
impacts of transient uses on residential neighborhoods; and
WHEREAS, Pursuant to Palm Springs Municipal Code 5.25.090(b) Upon the
third violation in any twelve-month period, the city manager shall suspend the vacation
registration certificate for two years; and
WHEREAS, The Registration Certificate issued to owner on record for the
property located at 1322 S. Farrell Dr., was suspended for a period of two-years
pursuant to Palm Springs Municipal Code 5.25.090(b) effective June 6,2024; and
WHEREAS, Property records for 1322 S. Farrell Dr., show that the property was
sold to new owners effective December 3, 2024; and
WHEREAS, Pursuant to Palm Springs Municipal Code 5.25.060 (d) upon change
of property ownership, the registration certificate shall expire, and the property shall not
be used as a vacation rental until the new or successor owner is issued a vacation
registration certificate for the property and
WHEREAS, On December 12, 2024, The Department of Special Program
Compliance received an application request form for the property located at 1322 S.
Farrell Dr.; and
Resolution No. 0323
Page 2
WHEREAS, On January 7, 2024, the Department of Special Program
Compliance, staff responded that the application request for a Vacation rental
Certificate was denied due to a suspension on the property ending June 6, 2026.
WHEREAS, The Department of Special Program Compliance denied the
application request for a Vacation Rental Certificate for the purpose of minimizing the
potential adverse impacts of transient uses on residential neighborhoods; and
WHEREAS, Pursuant to Palm Springs Municipal Code 5.25.060(c) the denial of
a registration certificate for any reason may be appealed in accordance with the
provisions of Chapter 2.50 of the Municipal Code.
WHEREAS, Alin and Steve Gedikian, owners for the property located at 1322 S.
Farrell Dr., filed an administrative appeal of the denial of Vacation Rental Registration
Certificate for the property located at 1322 S. Farrell Dr., Palm Springs with the City
Clerk; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on February 26, 2025; and
WHEREAS, the Administrative Appeals Board was presented evidence of the
denial of the Vacation Rental Certificate 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 February 26,
2025; 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 5.25.090(b).
The Administrative Appeals Board upholds the administrative decision denying a
Vacation Rental Certificate to operate a vacation rental for a property located at
1322 S. Farrell Dr., Palm Springs, California
The Appellant is in violation of Palm Springs Municipal Code 5.25.090(b).
The Administrative Appeals Board overturns the administrative decision denying
a Vacation Rental Certificate to operate a vacation rental for a property located at
1322 S. Farrell Dr., Palm Springs, California
Resolution No. 0323
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 FEBRUARY 2025.
Patrick Basile
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0323
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. 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 February 2025, by the following vote:
AYES: Boardmembers Hein, Koren, Vice Chair Parker 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 3rd day of March 2025.
Brenda Pree, MMC, CERA
City Clerk