HomeMy WebLinkAbout0325 - Kirakosyan - UpheldRESOLUTION NO. 0325
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF ARMINE KIRAKOSYAN, FOR THE
PROPERTY LOCATED AT 3149 E. VENTURA RD., PALM
SPRINGS, CALIFORNIA REGARDING ADMINISTRATIVE
CITATION AB0754 ISSUED IN THE AMOUNT OF $10,000
AND THE PERMANENT INELIGIBILITY TO OPERATE A
VACATION RENTAL IN THE CITY OF PALM SPRINGS
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS Armine Kirakosyan did not obtain or was not issued a Short-Term
Vacation Rental Registration Certificate for the property located at 3149 E. Ventura Rd.,
Palm Springs, as of the violation date of February 2, 2025, pursuant to Palm Springs
Municipal Code Chapter 5.25; and
WHEREAS, any person who operates a Vacation Rental without a Vacation
Registration Certificate, shall be liable to the City an administrative fine in the amount of
Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation
Rental in the City, Palm Springs Municipal Code 5.25.090 (c); and
WHEREAS, In the event the person continues to operate a vacation rental
without a vacation registration certificate, the person shall be liable for an administrative
fine in the amount of $10,000.00 and any successive violations shall be subject to fines
provided in an escalation formula established by the city council by resolution; and
WHEREAS, “Operation” of a Vacation Rental as used in Palm Springs Municipal
Code Section 5.25 includes “Advertisement” of the property on any web-based
advertising, hosting platform, print media, bulletin, signage, radio, and television or any
other medium for the purposes of promoting interest in, testing the market for, or
soliciting the occupancy of a property for a period of twenty-eight (28) consecutive days
or less; and
WHEREAS, Administrative Citation No. AB0754, operating a Vacation Rental
without a Vacation Rental Registration Certificate, was issued on January 29, 2025, to
Armine Kirakosyan for the property located at 3149 E. Ventura Rd., Palm Springs; and
WHEREAS, Armine Kirakosyan filed an administrative appeal of the
Administrative Citation No. AB0754 operating a Vacation Rental without a Vacation
Rental Registration Certificate issued in the amount of $10,000 for the property located
at 3149 E. Ventura Rd., Palm Springs with the City Clerk; and
Resolution No. 0325
Page 2
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on March 19, 2025, and
WHEREAS, the Administrative Appeals Board was presented evidence that
Armine Kirakosyan violated Section 5.25.040(a) of the Palm Springs Municipal Code by
an advertisement listed on Advertisement Airbnb.com/rooms/27665473 for the property
located at 3149 E. Ventura Rd., Palm Springs; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Armine Kirakosyan is in violation of Section 5.25.040(a) of the Palm Springs Municipal
Code by a response to an inquiry to book the property located at 3149 E. Ventura Rd.,
Palm Springs and confirmation of a period less than twenty-eight (28) days; April 23,
2025, through May 6, 2025 (13-nights); and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on March 19,
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 5.25.040(a).
The Administrative Appeals Board upholds the administrative decision that
Armine Kirakosyan is permanently ineligible to operate a Vacation Rental
in the City of Palm Springs, including the property located at 3149 E.
Ventura Rd., Palm Springs and the fine of $10,000.
The Appellant is not in violation of Palm Springs Municipal Code
5.25.040(a). The Administrative Appeals Board overturns the
administrative decision that Armine Kirakosyan is permanently ineligible to
operate a Vacation Rental in the City of Palm Springs, including the
property located at 3149 E. Ventura Rd., Palm Springs and the fine of
$10,000.
Resolution No. 0325
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 19TH DAY OF MARCH 2025.
Patrick Basile
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0325
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. 0325 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 24th day of March 2025, by the following vote:
AYES: VICE CHAIR PARKER, BOARDMEMBERS HEIN, KOREN AND
CHAIR BASILE
NOES: NONE
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 24th day of March 2025.
Brenda Pree, MMC, CERA
City Clerk