HomeMy WebLinkAbout0326 - Deleon - UpheldRESOLUTION NO. 0326
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTATIVE CITATION
A8868 AND ADMINISTRATIVE DECISION OF A TWO-YEAR
SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 3187 VENTURA RD., PALM SPRINGS,
CALIFORNIA.
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 3187 Ventura
Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(c) on May
26, 2024, and issued administrative citation A8270; and
WHEREAS, the City investigated a complaint and found the property 3187 Ventura
Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(g) on June
29, 2024, and issued administrative citation A7862; and
WHEREAS, the City investigated a complaint and found the property 3187 Ventura
Rd., Palm Springs, California to be in violation pursuant to Section 5.25.070(g) on
February 22, 2025, and issued administrative citation A8868; 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, Alvin Deleon, for the property located at 3187 Ventura Rd., Palm
Springs, California filed an administrative appeal of administrative citation A8868 and the
administrative decision of a two-year 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 May 7, 2025; and
WHEREAS, the Administrative Appeals Board was presented evidence that Alvin
Deleon, owner of the property located at 3187 Ventura Rd., Palm Springs, is in violation
pursuant to Section 5.25.090 (b) of the Palm Springs Municipal Code; and
Resolution 0326
Page 2
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on May 7, 2025;
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 A8868 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3187 Ventura 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 A8868 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3187 Ventura Rd., Palm Springs,
California
THIS PORTION OF PAGE BLANK
Resolution 0326
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 7th DAY OF MAY 2025.
Patrick Basille
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution 0326
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.0326 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 7th day of May 2025, by the following vote:
AYES: VICE CHAIR PARKER, BOARD MEMBER WINDERBAUM, HEIN, 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 8th day of May 2025.
Brenda Pree, MMC, CERA
City Clerk