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HomeMy WebLinkAbout2A - PresentationCity of Palm Springs CALIFORNIA Plaza Theatre Restoration Resolution of Necessity Agenda Item 2.A November 21, 2024 Plaza Theatre Resolution of Necessity •City acquired Historic Plaza Theatre in 2015 •Restoration Project awarded Dec. 14, 2023 for $26M •Project Completion expected -- Fall of 2025 Plaza Theatre Resolution of Necessity The City’s Historic Plaza Theatre is landlocked Plaza Theatre Resolution of Necessity •City currently possesses a ten foot (10’) wide ingress/egress easement from Theatre to Palm Canyon Drive •California Building Code requires a twenty foot (20’) wide easement, for public safety, in case of fire, earthquake or other emergency (Cal. Building Code, § 1030.2) 700+ seat capacity Theatre Existing 10’ ingress/egress easement Plaza Theatre Resolution of Necessity 20’ wide ingress/egress easement Plaza Theatre Resolution of Necessity •Widening the easement would impact Kalura Restaurant’s current outdoor dining area •City wants Kalura to remain at the current property, including with a relocated patio •City staff has been in negotiations with the property owner, Grit Development, as well as the tenant, Kalura Plaza Theatre Resolution of Necessity •Eminent domain is used only as a last resort •Resolution of Necessity is required to keep Restoration Project on schedule •City staff will continue to negotiate with Grit and Kalura Plaza Theatre Resolution of Necessity Required Findings: •The public interest and necessity require the proposed Project; •The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; •The real Property to be acquired is necessary for the Project; and •The offer of just compensation has been made to the Property owner Plaza Theatre Resolution of Necessity The public interest and necessity require the proposed Project •The Historic Plaza Theatre is a City-owned, municipal theatre. •Acquisition of the easement is necessary to allow safe access to/from the Theatre. •Restoring the City’s historic Plaza Theatre provides a new mid-scale venue with state- of-the- art capabilities in the heart of downtown Palm Springs, which will benefit the residents of Palm Springs and the entire Coachella Valley •The Theatre will provide live performances, film premieres, community and educational events, and films appealing to diverse audiences, including all members of the community. •The Theatre will attract local and out-of-town guests, generating additional revenue to local business and to the City through sales and transient occupancy taxes. Plaza Theatre Resolution of Necessity The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury •The City already owns a 10 foot easement interest from Palm Canyon Drive to the Plaza Theatre. •The City needs to acquire an additional ten foot (10’) wide easement to meet current California Building Code standards for access to and from the Theatre. •The easement location is equally centered, so as to cover both adjacent properties to the same extent. Plaza Theatre Resolution of Necessity The real property to be acquired is necessary for the Project •Acquisition of the permanent non-exclusive easement interest is necessary for the City so that it can widen its current easement interest from 10 feet to 20 feet to comply with current California Building Code for safe access to and from the Theatre. Plaza Theatre Resolution of Necessity The offer of just compensation has been made to the property owner •An appraisal was prepared by Thompson & Thompson Real Estate Valuation and Consulting to establish the fair market value of the real property the City is seeking to acquire. •An written offer of just compensation was sent to the property owner on October 14, 2024, offering to purchase the permanent, non-exclusive easement interest. Plaza Theatre Resolution of Necessity By law, this public hearing is not about the amount of just compensation, economic damages, relocation assistance or loss of goodwill. City staff will continue to negotiate with the property owner (Grit) and the tenant (Kalura), in order to seek a mutually agreeable resolution. Plaza Theatre Resolution of Necessity Recommendation: 1. Make the following findings, based on the evidence presented: a) The public interest and necessity require the proposed Project; b) The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c) The real property to be acquired is necessary for the Project; and d) The offer of just compensation has been made to the Property owner. 2.Adopt Resolution No. ____, “RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FOR THE ACQUISITION BY EMINENT DOMAIN OF A PERMANENT NON-EXCLUSIVE EASEMENT INTEREST IN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN PALM SPRINGS, COUNTY OF RIVERSIDE, CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 513- 144-012 FOR THE PLAZA THEATRE RESTORATION PROJECT ”