HomeMy WebLinkAbout0324 - Gilbert - UpheldRESOLUTION NO. 0324
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ADAM GILBERT FOR THE
PROPERTY LOCATED AT 1172 DEEPAK RD, 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 October 17, 2022, The City of Palm Springs City Council adopted
Interim Urgency Ordinance No. 2071 which established a 45-day moratorium of the
issuance of new Vacation Rental Certificates due to potentially additional regulations on
Vacation Rentals in the City; and
WHEREAS, Interim Urgency Ordinance No. 2071 identified the scope of the
temporary moratorium, in terms of the effective date of October 17, 2022, that any
applications received after October 17, 2022, could not be approved or certificates
issued; and
WHEREAS, a completed Vacation Rental Application was received on October
27, 2022, for the property located at 1172 Deepak Rd; and
WHEREAS, On November 28, 2022, the City of Palm Springs City Council
adopted Ordinance 2075 terminating the moratorium adopted on October 17, 2022, and
amending and restating Palm Springs Municipal Code 5.25 – Vacation Rentals; and
WHEREAS, Palm Springs Municipal Code Section 5.25.045 reads “The city shall
not issue any new vacation rental registration certificate, other than junior vacation
rental registration certificates, in any neighborhood in which the VR Neighborhood
Percentage Cap has been exceeded or would, with the issuance of any such certificate,
be exceeded”; and
WHEREAS, On January 23, 2023, the Department of Special Program
Compliance staff rejected and returned the application received on October 27, 2022,
pursuant to Palm Springs Municipal Code 5.25.045; and
WHEREAS, on August 28, 2023, the Department of Special Program
Compliance staff administered a letter to the owner of 1172 Deepak Rd., with respect to
the appropriate path of appeal for the rejection of the application received on October
17, 2022; and
Resolution No. 0324
Page 2
WHEREAS, Adam Gilbert, owner for the property located at 1172 Deepak Rd.,
filed an administrative appeal of the denial of Vacation Rental Registration Certificate for
the property located at 1172 Deepak Rd., 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 5.25.045 of the Palm
Springs Municipal Code due to the property located at 1172 Deepak rd., located in the
Organized Neighborhood Movie Colony East was at or above the 20 percent Vacation
Rental Neighborhood Cap; 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 5.25.045.
The Administrative Appeals Board upholds the administrative decision denying a
Vacation Rental Certificate to operate a vacation rental for a property located at
1172 Deepak Rd., Palm Springs, California
The Appellant is in violation of Palm Springs Municipal Code 5.25.045.
The Administrative Appeals Board overturns the administrative decision denying
a Vacation Rental Certificate to operate a vacation rental for a property located at
1172 Deepak Rd., Palm Springs, California
Resolution No. 0324
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. 0324
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. 0324 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: Boardmember Hein, Chair Basile, and Vice Chair Parker
NOES: Boardmember Koren
ABSENT: Boardmember Hermann
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