HomeMy WebLinkAboutItem 4 - Flores PacketADMINISTRATIVE APPEALS BOARD STAFF REPORT
DATE: August 13, 2025
SUBJECT: APPEAL OF THE ADMINISTATIVE CITATION A8879 AND
ADMINISTRATIVE DECISION OF A TWO-YEAR SUSPENSION OF THE
VACATION RENTAL REGISTRATION CERTIFICATE FOR THE
PROPERTY LOCATED AT 3112 CAMBRIDGE CT. N., PALM SPRINGS,
CALIFORNIA.
BY: Department of Special Program Compliance
SUMMARY
An appeal of administrative citation A8879 issued in the amount of $500 and the two-year
suspension of the Vacation Rental Registration Certificate #045092 for the property
located at 3112 Cambridge Ct. N., Palm Springs, California.
RECOMMENDATION:
1)Open the Appeal Hearing and accept public testimony.
2) Adopt Resolution No. ______, A RESOLUTION OF THE ADMINISTRATIVE
APPEALS BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA, ON THE
APPEAL OF THE ADMINISTATIVE CITATION A8879 AND ADMINISTRATIVE
DECISION OF A TWO-YEAR SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY LOCATED AT 3112
CAMBRIDGE CT. N., PALM SPRINGS, CALIFORNIA.
Background
The property located at 3112 Cambridge Ct. N., Palm Springs, California is a registered
Vacation Rental with Vacation Rental Registration Certificate #045092. The start date
was May 2, 2024. Vacation Rental Ordinance 1918 became in effect April 2017 and later
amended and restated in November 2022 with Ordinance 2075. The previous and current
Vacation Rental Ordinance details rules that guests renting a Vacation Rental for a period
of 28 consecutive days or less must follow; Regulations that owners must follow relating
to each stay that is 28 consecutive days or less and that upon the third violation in any
twelve-month period, the City Manager shall suspend the Vacation Registration
Certificate for two (2) years.
Item 4 - Page 1
Administrative Appeals Board Staff Report
August 13, 2025-- Page 2
Vacation Rental Appeal – 3112 Cambridge Ct. N, Palm Springs
Palm Springs Municipal Code (PSMC) chapter 5.25 section 070(g) states that
notwithstanding the provisions of Section 11.74.043, any radio receiver, musical
instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the
producing or reproducing of any sound shall be conducted within a fully enclosed vacation
rental unit and shall not be audible at the property line of the vacation rental.
PSMC chapter 5.25 section 070(e) states that during the rental term each vacation rental
unit is rented, the owner, his or her agent, and/or the local contact person designated by
the owner, after being contacted by the enforcement official, shall be available 24 hours
per day, seven days per week, for the purpose of: (1) responding by telephone within 15
minutes of complaints from or through the hotline; and (2) responding in-person within 30
minutes to any additional or successive complaints regarding the condition, operation, or
conduct of occupants of the vacation rental.
PSMC chapter 5.25 section 090(b) states that upon the third violation in any twelve-month
period, the city manager shall suspend the vacation registration certificate for two years.
Administrative Regulation dated August 2017, states under procedure A(3) that 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.
STAFF ANALYSIS
First Citation – A6738 – August 17, 2024
On August 17, 2024, the City of Palm Springs Code Compliance Division responded to a
complaint received from the city’s police dispatch regarding music at the Vacation Rental
property located at 3112 Cambridge Ct. N. Code Compliance Supervisor Nabhan and
Code Officer Carver arrived at the property at 7:48 PM and observed music audible at the
property line. Citation A6738 was issued for violation of PSMC 5.25.070(g). The officer
report is included as ATTACHMENT 4. The citation was paid in full on September 16,
2024. There was no appeal requested by the person who received the citation.
Findings:
Music audible at the property line of the Vacation Rental.
Second Citation – A6516 – May 15, 2025
On May 15, 2025, the City of Palm Springs Code Compliance Division responded to a
complaint received from the city’s Vacation Rental Hotline regarding music at the
Vacation Rental property located at 3112 Cambridge Ct. N. Code Officers Guerrero and
Gonzalez arrived at the property at 7:34 PM and observed music audible at the property
line. Citation A6515 was issued for violation of PSMC 5.25.070(g). The officer report is
included as ATTACHMENT 5. There was no appeal requested by the person who
received the citation.
Item 4 - Page 2
Administrative Appeals Board Staff Report
August 13, 2025-- Page 3
Vacation Rental Appeal – 3112 Cambridge Ct. N, Palm Springs
Findings:
Music audible at the property line of the Vacation Rental.
Third Citation – A8879 – May 18, 2025
The City of Palm Springs Vacation Rental 24-Hour Hotline received a call regarding the
above property on 5/15/2025 at approximately 7:24 p.m. regarding outdoor music being
played. Code Compliance Officers were dispatched to investigate and arrived at the
property at 7:34 p.m. Upon arrival, a violation for music beyond the property line was
observed. Officers contacted the guests at the front door, who were uncooperative. At
7:50 p.m., the assigned officer attempted to reach the listed local contact, Liliana Aragon
Duarte, by phone multiple times, but the line appeared to be disconnected. A second
attempt to reach someone was made at 7:55 p.m. through multiple calls to the property
owner, Sugey Flores, which line was also disconnected. Additionally, an email was sent
to Ms. Flores on Friday, 05/16/2025, requesting a call back; however, no response was
received. As a result, both the local contact and the property owner failed to respond to
the Code Compliance Officer, as neither returned the call within the required fifteen
minutes nor arrived at the property within thirty minutes. The citation is included as
ATTACHMENT 6. Citation A8879 was issued for violation of PSMC 5.25.070(e)
Findings:
The owner, agent and/or the local person designated by the owner failed to
respond.
Pursuant to PSMC 5.25.090(b), “Upon the third violation in any twelve-month period, the
City Manager shall suspend the Vacation Registration Certificate for two (2) years”.
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.
Based on the three (3) administrative citations issued in a twelve-month period, the
Vacation Rental Certificate was suspended for a period of two-years for the period June
23, 2025, through June23, 2027. ATTACHMENT 7. The table below shows citations
issued as of August 6, 2025.
DATE OF VIOLATION CITATION
NUMBER
VIOLATION PSMC
8/17/24 A6738 Music Audible at Property Line 5.25.070(g)
5/15/25 A6516 Music Audible at Property Line 5.25.070(g)
5/18/25 A8879 Failure to Respond 5.25.070(e)
6/7/25 A8883 Music Audible at Property Line 5.25.070(g)
7/4/25 A8888 Music Audible at Property Line 5.25.070(g)
7/4/25 AB0774 Operating w/out certificate 5.25.040(a)
Item 4 - Page 3
Administrative Appeals Board Staff Report
August 13, 2025-- Page 4
Vacation Rental Appeal – 3112 Cambridge Ct. N, Palm Springs
Additional Citations
Three citations have been issued after the third citation A8879 issued on May 18, 2025.
Citation A8883 – Music audible at the property line, violation of 5.25.070(g)
ATTACHMENT 8
Citation A8888 – Music audible at the property line, violation of 5.25.070(g)
ATTACHMENT 9
Citation AB0774 – Operating without a certificate, violation of 5.25.040(a)
ATTACHEMENT 10
The following Palm Springs Municipal Code sections and Regulations are applicable to
this matter.
The Palm Springs Municipal Code, Vacation Rentals §5.25.070 – Operational
Requirements and Standard Conditions:
(g) Notwithstanding the provisions of Section 11.74.043, any radio receiver,
musical instrument, phonograph, loudspeaker, sound amplifier, or any
machine or device for the producing or reproducing of any sound shall be
conducted within a fully enclosed vacation rental unit and shall not be
audible at the property line of the vacation rental.
(e)
“During the rental term each vacation rental unit is rented, the owner, his or
her agent, and/or the local contact person designated by the owner, after
being contacted by the enforcement official, shall be available 24 hours per
day, seven days per week, for the purpose of: (1) responding by telephone
within 15 minutes of complaints from or through the hotline; and (2)
responding in-person within 30 minutes to any additional or successive
complaints regarding the condition, operation, or conduct of occupants of
the vacation rental”.
The Palm Springs Municipal Code §5.25.090 – Violations
(b) “Upon the third violation in any twelve-month period, the City Manager shall
suspend the Vacation Registration Certificate for two (2) years”.
ADMINISTRATIVE REGULATION “Violation Count for Purposes of Suspending a
Vacation Rental Certificate”- Effective 8/2017
Procedure:
A. Section 5.25.090(b) specifies, “Upon the third violation in any twelve
(12) month period, the City Manager shall suspend the Vacation Rental
Item 4 - Page 4
Administrative Appeals Board Staff Report
August 13, 2025-- Page 5
Vacation Rental Appeal – 3112 Cambridge Ct. N, Palm Springs
Certificate for two (2) years.” Following is a clarification of how violations are
counted.
1. Administrative citations for violations of Chapter 5.25 issued to the Vacation
Rental guest, Owner, or Owner’s agent prior to April 16, 2017, will count
towards the calculation of the three (3) violations in any twelve (12) month
0period for suspending the Vacation Rental Certificate for such property in
accordance with Section 5.25.090(b).
2. There will be no suspension unless at least one (1) violation occurs under
new Ordinance No. 1918.
3. 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.
Administrative Regulation “Authority for the Issuance of Administrative Citations”
dated 08/2017 reads as follows:
“Vacation Rental Enforcement Officials are hereby authorized to issue, an
Administrative Citation for the violation of the provision of Chapter 5.25 of the Palm
Springs Municipal Code without first complying with the pre-citation or courtesy notice
requirements contained in PSMC Section 1.06.030.”
Patrick Clifford
Assistant Director
Department of Special Program Compliance
Attachments:
Resolution no. _____ 1
Notice of Appeal Hearing 2
Administrative Citation Appeal Letter 3
Administrative Citation A6738 and officer report 4
Administrative Citation A6516 and officer report 5
Administrative Citation A8879 6
Suspension Letter 7
Administrative Citation A8883 and officer report 8
Administrative Citation A8888 and officer report 9
Administrative Citation AB0774 10
Item 4 - Page 5
ATTACHMENT 1
Item 4 - Page 6
RESOLUTION NO. ___
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE ADMINISTATIVE CITATION
A8879 AND ADMINISTRATIVE DECISION OF A TWO-YEAR
SUSPENSION OF THE VACATION RENTAL
REGISTRATION CERTIFICATE FOR THE PROPERTY
LOCATED AT 3112 CAMBRIDGE CT. N., 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 3112
Cambridge Ct. N, Palm Springs, California to be in violation pursuant to Section
5.25.070(g) on August 17, 2024, and issued administrative citation A6738; and
WHEREAS the City investigated a complaint and found the property 3112
Cambridge Ct. N, Palm Springs, California to be in violation pursuant to Section
5.25.070(g) on May 15, 2025, and issued administrative citation A6516; and
WHEREAS The owner, agent, and/or the local contact designated by the owner
failed to respond to the enforcement official regarding a complaint investigated on May
15, 2025, by the City concerning the property located at 3112 Cambridge Ct. N, Palm
Springs, California.
WHEREAS Following the investigation conducted on May 15, 2025, the owner was
found to be in violation of Section 5.25.070(e) on May 18, 2025, and was issued
administrative citation A8879.; 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, Sugey Flores, for the property located at 3112 Cambridge Ct. N., Palm
Springs, California filed an administrative appeal of administrative citation A8879 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 August 13, 2025; and
Item 4 - Page 7
Resolution ____
Page 2
WHEREAS, the Administrative Appeals Board was presented evidence that
Sugey Flores, owner of the property located at 3112 Cambridge Ct. N, Palm Springs, is
in violation 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 August 13, 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 A8879 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3112 Cambridge Ct. N, 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 A8879 and the
administrative decision of a two-year suspension of the Vacation Rental
Registration Certificate for the property located at 3112 Cambridge Ct. N, Palm
Springs, California
THIS PORTION OF PAGE BLANK
Item 4 - Page 8
Resolution ____
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 DAY OF 2025.
Patrick Basille
Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
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 day of , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of .
Brenda Pree, MMC, CERA
City Clerk
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ATTACHMENT 2
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ATTACHMENT 3
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City of Palm Springs
FINANCE DEPARTMENT
PO Box 2743
Palm Springs, CA 92263-2743
+1 (760) 323-8299
Like No Place Else!
06/30/2025 03:54PM Finance T
004848-0007
MISCELLANEOUS
OTHER CHARGE CURRENT
SVC (OTHCHG)
2025 Item: OTHCHG
1 @ $911.0000
Balance unpaid: -$911.00
OTHER CHARGE CURRENT
SVC (OTHCHG) $911.00
--------------
$911.00
Subtotal $911.00
Total $911.00
CHECK $911.00
Check Number 1050815132
--------------
Change due $0.00
Paid by: SUGEY FLORES | ADMIN CITE
APPEAL FEE - A8953
Thank you for your payment
City of Palm Springs COPY
DUPLICATE RECEIPT
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ATTACHMENT 4
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ATTACHMENT 5
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ATTACHMENT 6
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ATTACHMENT 7
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City of Palm Springs
Department of Special Program Compliance
425 North Civic Drive • Palm Springs, California 92262
Tel; 760.322-8382 • Fax: 760,322.8317 • TDD 760.864.9527 • www.palmspringsca.gov
May 29, 2025
Sugey Flores
Re: Suspension of Short�Term Vacation Rental Certificate# 045092 for 3112 Cambridge Ct., N., Palm Springs,
CA 92264
Upon review of the recent activity at your Vacation Rental property at 3112 Cambridge Ct., N., Palm Springs, the
City of Palm Springs is suspending your Vacation Rental Registration Certificate for a period of two (2) years. In
order to minimize the negative impact on the near-term guests visiting our city who may be currently booked at
your property, the suspension period will begin on June 23. 2025, and will end on June 23. 2027. All advertising
of your property for short-term renting must cease immediately.
During the suspension period, your property may not be rented for shorMerm stays (28 days or less) but you
may rent your property as a long-term rental.
This suspension is being made in accordance with the City of Palm Springs Municipal Code Section S.25.090(b) as
follows:
"Upon the third violation in any twelve month period, the City Manager shall suspend the Vocation
Registration Certificate for two (2) years."
During the last 12 months, the following citations have been issued to the property.
(Copies are attached):
DATE OF VIOLATION CITATION VIOLATION
NUMBER
8/17/24 A6738 Music Audible at Property Line
5/15/25 A6516 Music Audible at Property Line
5/18/25 A8879 Failure to Respond
PSMC
S.25.070(g}
5.25.070(g)
5.25.070(e)
During your suspension, Transient Occupancy Tax returns and annual renewal fees will still be due unless you
choose to complete and submit the enclosed Owner's Request to Close TOT Permit and Vacation Rental
Certificate form. Post Office Box 2743 • Palm Springs, California 92263-2743 Item 4 - Page 57
You have the right to appeal this suspension pursuant to Palm Springs Municipal Code, Section 5.25,090(f),
and pursuant to Administrative Regulation dated 8/2017 (copy attached), your appeal will be heard by the
Administrative Appeals Board in accordance with Palm Springs Municipal Code, Chapter 2.50. Any appeal of
the third Administrative Citation A8953 must be addressed at this Administrative Appeals Board hearing pursuant
to the Administrative Regulation. Please also see the attached Written Notice of Appeal Form and Filing Process
information; or feel free to contact the Department of Special Program Compliance at #760-322-8382 with
questions.
Should you choose to appeal this suspension, your suspension does go into effect on June 23, 2025, in accordance
with this letter, and it remains in effect pending the outcome of the Administrative Appeals Board hearing.
Advertising or operating as a vacation rental prior to the determination of the Administrative Appeals Board is a
violation of PSMC Section S.2S.090(c).
To exercise your option to appeal, your completed Written Notice of Appeal Form with the non-refundable
appeal fee of $911.00 must be received by the City Clerk's office no later than June 19, 2025, and should be
addressed to:
Respectfully,
Scott Stiles
City Manager
cc: File;
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92263
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ATTACHMENT 8
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ATTACHMENT 9
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ATTACHMENT 10
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