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HomeMy WebLinkAbout6/15/2011 - STAFF REPORTS City Council Minutes June 15, 2011 Page 2 EXCERPTS ACCEPTANCE OF THE AGENDA: City Clerk Thompson noted that the application for Public Hearing Item 1.13. was withdrawn. Councilmember Mills noted his business related abstention on Item 2.C. Warrant No. 1049089, requested Item 2.K. be removed from the Consent Calendar for separate discussion, and stated he has a property ownership related abstention on Item 2.N. Councilmember Hutcheson stated he has a property ownership related abstention on Item 2.N. Councilmember Foat stated she has a property ownership related abstention on Item 2.N. City Attorney Holland stated Item 2.N. should be removed from the Consent Calendar, and stated the City Council shall draw lots to determine which Councilmember will be allowed to participate in the discussion and the vote pursuant to the Political Reform Act. ACTION: Accept the Agenda as amended. Motion Councilmember Mills, seconded by Mayor Pro Tern Weigel and unanimously carried on a roll call vote. CHATTEN-BROWN & CaRSTENS ?6011 OCEAN PARK BOULEVARD TELEPIToNE01(s)3144 A ns,in r.sr FACSINULF 13iu13is-S050 5A�1TA1f0\IC':�.C'•1LTrC)RNI �nIUD �s����.cbcearthh«.cvn> June 14, 2011 Via trans D-elh-CWV Honorable City C ounei1 City of Palm Springs 3200 E. Tahquitz Canyon NVay Palm Springs, CA 92?63 Re: Redevelopment of the Desert Fashion Plaza Honorable Council Nlembers: On behalf of the Palm Springs Modern Committee, N\e urge you. to focus the current scope of the redevelopment of the Desert Fashion Plaza to Blocks A through G of the Museum Market Plaza Specific Plan (NIMPSP). Demolition of the Town and Country Center should not be included in the current proposal. Excluding the demolition and redeN elopment of the Town and Country Center site (Block K) from the redevelopment project would not violate the [\11\1PSP. Nt'hile the NINIPSP sets forth the maximum development standards and development goals for the downtoNN n area, it does not require the concurrent approN al of rede-s elopment projects for the entire plan area. The 1\ MPSP contemplates the redevelopment of Block K, including the constriction of a roadway through this block, as the last phase of do«-ntown redevelopment. Approving a specific project to redevelop Blocks A through G before approving a specific project to redeti elop Block K would thus follow the phasing plan included in the MMPSP. Further, the environmental impact report for the 1✓ MPSP concluded that the level of service for downtown roadNN a\s NN ould remain acceptable whether or not Museum Way is constructed, thus allotii*ing de%elopment of Blocks A through G prior to the construction of a road«ay through Block K would not negatively impact downto"n traffic. (1t1MPSP Final EIR p. 22.) Moreover, despite the Cite Council's decision not to list the ToNvn and Country Center as a Class One Historic Site. there is substantial evidence that the Town and Country Center is, in fact, an important historic resource. The Town and C OUntr) Center NN as found to be a rare and excellent example of the late Moderne style of architecture b�, nutrierous expert sources, including: the C'ity's historic resources surx e}. National Trust for Historic Preservation; California PreserN ation Foundation; National Organization of A'ltnority Architects, and noted author and architectural critic elan Hess. Based on the overnvhelming evidence of the Center's historic importance, the environmental impact report for the MMPSP found the demolition of the To«n and Country Center to be a s4►dN•rt�� B y j�LI,C,�JC�D�rs,•�1�t!'r .t Palm Springs City- Council June 14, 2011 Page? of significant adverse impact. To mitigate this significant impact, the CitN has prohibited the demolition of the Town and Country Center until building permits have been issued in furtherance of the redevelopment of the Desert Fashion Plaza and substantial work in conformance Nvith those building permits has commenced. (Resolution No. 22625, Exhibit A. p. A-30.) Limiting the scope of the current redevelopment proposal xt ould comply with the requirement of this mitigation measure. Further, taxpayer funds should not be used to demolish this important historic resource. Excluding Block K from the current redeN elopment project would ensure demolition of the Town and C ountry Center could only moN'e fore and if a priN ately funded project for Block K is proposed after substantial progress on the redevelopment of the Desert Fashion Plaza has (mall} taken place. Thank you for your time and consideration in this matter. Sincerelti, Amv N'linteer Attorney at Law Cc: Palm Springs Modern Committee Palm Springs June 15, 2011 Mayor Steve Pougnet Palm Springs City Council Members City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: The Revitalization of Downtown Dear Mr. Mayor and City Council, My name is Marna Van Horn and as President I am speaking to you on behalf of Palm Springs Economic Development Corporation. We support the revitalization of Palm Springs. As you know, our mission is to identify and advocate quality economic development in the greater Palm Springs area. The development and the revitalizing of downtown will benefit Palm Springs and promote economic development on a number of different levels. Downtown is the economic center of our City and as we all know, it needs to be revitalized. This revitalization will first bring construction jobs. It will then bring retail jobs. It will lead to an increase in tourism and TOT revenue for our City. We will finally be able to offer the complete "shop, dine and stay" package that the brand name "Palm Springs" promises. We hope the discussions will continue to progress between John Wessman and the City of Palm Springs and will culminate in a responsible, sustainable, pedestrian oriented revitalization of downtown. Making the vision of a vibrant downtown a reality is vital to the economic well-being of Palm Springs. Sincerely, /am I dins Marna Van Horn President Palm Springs Economic Development Corporation Palm Springs Economic Development Corporation "To identify and advocate quality economic development in the greater Palm Springs area" P.O. Box 3205 - Palm Springs, CA 92263 - psedc(a),psedc.com - 760-880-3205 �vf:t✓C �'d�s9 T � NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1263 — DEVELOPMENT AGREEMENT RENOVATION / REMODEL OF DESERT FASHION PLAZA AT 123 NORTH PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of June 15, 2011. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider approval of a Development Agreement proposed by Wessman Development to renovate and remodel the existing Desert Fashion Plaza in accordance with the Museum Market Plaza Specific Plan (Case No. 5.1204). The 18.5 acre site and related properties are generally located northwest of the intersection of North Palm Canyon Drive and Tahquitz Canyon Way, and are presently developed with retail stores and associated parking. The City Council will review the draft Development Agreement in accordance with State law and Section 94.08.00 (Development agreements). ENVIRONMENTAL DETERMINATION: A Final Environmental Impact Report was prepared on the Museum Market Plaza Specific Plan and certified by the City Council on December 2, 2009. Staff has reviewed the proposed project and the certified EIR and concluded that the Final EIR, and its associated findings and mitigation monitoring program constitutes an adequate and complete depiction of the future environmental condition resulting from the project. No additional environmental documentation is required. REVIEW OF PROJECT INFORMATION: The Draft Development Agreement, Final EIR and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 and 11:00 a.m. and between 2:00 and 6:00 p.m. Monday through Thursday. Please contact the Office of the City Clerk (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the Planning Commission by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009(b)(2)). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Craig A. Ewing, AICP, Director of Planning Services at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. AMES THOMPSON, CITY CLERK ,P.L,W Sp N . Department of Planning Services N p 9 W�� E Vicinity Map 4<fFOM1N` S I _ I{I i ..nrq]RD 000 m � i 11N1'IRkSA�RCF v v N .. 1 > r X, r- THHOUITZ OF - - - -- � w x --a uFENA=RR I -- � . .s--- _— z ARFNASRD i I 4 T r I =r a z1 -- - --f-- -- -•tdi` — nJwi �- -TT f4 z� P _� l it - -- 8 Legend --� - r 400 Foot Radlu; -- BAFISTO RD - Protect'---Ite !` SU11OUnding Parcels CITY OF PALM SPRINGS DESCRIPTION: To consider a draft Development CASE NO: 5.1263 — Development Agreement proposed by Wessman Development to Agreement renovate and remodel the existing Desert Fashion Plaza and related properties in accordance with the APPLICANT: Wessman Development Museum Market Plaza Specific Plan (Case No. 5.1204). Page 1 of 1 Cindy Berardi From: Ed Rainey[erainey@dc.rr.com] Sent: Tuesday, June 07, 2011 10:11 AM To: CityClerk Subject: Development Agreement for Desert Fashion Plaza Please register my opposition to the Development Agreement for Desert Fashion Plaza area. I attended two of the community"input" meetings in Palm Springs and this document does NOT express the feelings of the group.especially on the PRESERVATION of the Town and Country Center and its incorporation into the new design,and the desire for more"open space"in the development. Though I live in Palm Desert,Palm Springs is one of the JEWELS of our Valley and this project MUST reflect the unique feeling of our community in Palm Springs!! Reject this Agreement and use more of our input to its design. Edward C Rainey,Jr 41710 Hogan Drivc Palm Desert, CA 92211 w C7� 7o rn ;a M _err !V - C� 6/7/2011 Page 1 of 2 Cindy Berardi RECEIVEC From: Bonnie Cloer(bonniecloer@dc.rr.com] , n7 PA.I-M -, Sent: Sunday, June 05, 2011 9:24 AM 2911 JUN w6 AM 8-- 39 To: CityClerk J4, ii~� Cc: letters@thedesertsun.com CITY CL is p Subject: Desert Fashion Plaza The city of Palm Springs does not have the luxury of 10 to 25 years to complete this project. With that time frame the city will be dead! Open space is available across from the Museum (now "future expansion")...a perfect peaceful spot away from the main road. The miniscule open space plan is a joke. The streets can be a bit wider to allow for comfortable walking around the area. In addition, Palm Canyon and Indian Canyon should go back to being two way streets so all restaurants and retail have equal opportunity to be seen by drivers and walkers, and with the extra parking garage, street parking will be less necessary, although still present. The "Museum Road" should go all the way through to Indian Canyon. The parking garage should belong to the city and be free of any charges to park. No tax money should be used to build the garage and then the building given to the developer to charge for parking (an educated guess!). Palm Desert does not seem to need paid parking. And Westfield is a dying concept. When the earthquake hit Northridge, the fallen highway bridge was built in record time by utilizing round the clock shifts and was completed ahead of the deadline. Downtown could be fixed in no time with that attitude. There is no time for leaning on the shovels! Investment would see return fast. The boutique hotels save the restaurants, now we need something to save the retail and bring in good retail and hotels so more people want to be here. The Palm Springs Follies is responsible for tremendous downtown revenue. When there is no Follies what is going to fill that void. Having more people space will decrease retail and hotel space only slightly and bring in beauty and a restful place to sit to have your frozen yogurt. Revenue will follow as more people want to be in Palm Springs. Common sense is lacking here and has been for years. We need to move forward and fast, allow for open space, a city owned free parking garage and create a fun place to be. Enough talk-talk-talk...we need immediate practical action. We are a narrow, long village, limiting what can be done. Let's do it right! Let us use this plan to create a very walkable village we all can love and use, not just on Thursday evening. I can picture the vision right now...the present basic plan with "for the people" in mind. Bonnie Bonnie Cloer PO Box 5355 Palm Springs, CA. 92263-5355 760.413.8786 760.327.9677 -fax bonniecloer@dc.rr.com 6:'6/2011 Page 1 of 1 Cindy Berardi From: Elizabeth Smalley [e-smalley@sbcglobal.net] Sent: Friday, June 03, 2011 1:05 PM To: CityClerk Subject: down town planning I wish to state that I am strongly opposed to the demolition of the Town and Country Center. When we already have buildings sitting empty and a mall that is empty and an eyesore, why not focus on those areas first. And why demolish historically significant buildings when there are ways to construct something incorporating them in a pleasing way? Once they are gone, we can never get them back. The mid-century architecture is a big draw for tourists to our town and should be given a top priority. Have we learned nothing from the mistake made when the NOIV restaurant and other buildings on that block were demolished and it's now a parking lot that doesn't make any tax revenue for the city? Why is the City Council not listening to the voices of the residents of Palm Springs at the meetings that have been held regarding this new proposal? Thank you for taking the time to read this opinion. Elizabeth Smalley, MD > -- c:r; -� -13 0 r-C V'� r iR 1 ma 3:,.ME r; co 6!6/2011 Page 1 of 1 Cindy Berardi r From: eas [canyouguessit@aol.com] Sent: Monday, June 06, 2011 6:02 AM 2011 JUN _6 AM 8; 39 To: CityClerk J;PIr5 F-�f, Cc: davidlaw25@aol.com Cr7Y CLEF , y ` Subject: Downtown/Mall Plan How ugly! What a waste of our tax funds! What a giveaway to such a bad developer! What a disregard for our precious heritage! Why not give Wessman the PS Mall instead? Let him play with that wasteland --at least it's not the center of town! EA Silverstein 280 S. Avenida Caballleros Palm Springs, Ca 92262 W6%2011 Page 1 of 1 Cindy Berardi From: Steve Parks [steveparks1 @live.com] - F P Sent: Monday, June 06, 2011 10:28 AM To: CityClerk Subject: Development Agreement ),: I t Cl-f Y CLERK Dear City Council, If you really take a look at the downtown/uptown area, the only outdoor enjoyable outside area is in the Koffee courtyard near the city fountain. It would be a pity to let the opportunity go by, this is the time to plan a center plaza that will encourage our public to spend time there. Now there is no reason to be there, people are not going to be shopping like the old days so we don't need more Shopping Centers, we need community services and business that offer necessities. Our goal should be to attract the entire valley to the downtown area for fun evenings and meeting places, etc. Much like a European village or Mexican city plaza. Wouldn't it be grand to have a trolly system that would take us up and down the valley. We could really have a vibrant community. Too sad. Too little planning with no regard to the future, etc. Steve Parks i 6/6/2011 Page 1 of 1 Cindy Berardi From: Kathryn Briski [kbriski@dc.rr.com] f' Uric Sent: Monday, June 06, 2011 12:26 PM To: CityClerk 20li J�l�d —6 pM12` 29 Subject: Re: Development Agreement Cl-f , CLERK To the City Council: Please listen to the Planning Commission and their concerns. From first glance, this seems like a very flawed conceptual master plan. It has little beauty or imagination. It does not enhance or take advantage of the museum's grandeur, but instead fronts it with a maze of streets and parking facilities. There is a complete lack of open space, which would draw visitors in, and the suggested businesses seem rather mundane. Fortunately, however, no bowling alleys or movie theaters are envisioned. I fear the design is too beholden to special interests and fails to build on the promises of the site. Palm Springs is a unique place, and the plan should have downtown's best interests at its heart. Sincerely, Kathryn Briski 6/6/2011 Page 1 of 1 Cindy Berardi From: Kathee Eskridge [kathee.eskridge@yahoo.com] =F P A L`1 <+ Sent: Monday, June 06, 2011 12:51 PM 2011 JUN _5 PM ': 09 To: CityClerk Subject: Desert Fashion Plaza CITY CLER r; Hello, I don't liN-e in Palm Springs proper, I live in Indio, but felt I'd like to express my opinion regarding the Desert Fashion Plaza. Firstly, it's a crime to me that John Wessman and his company have held this property for ransom as long as they have. For years, I had been coming to P.S. and loved it. after mo\-ing here, it wasn't so pleasant with the area being vacant. I now have friends from all o\er the country coming to visit and are so excited about seeing Palm Springs for the first time know it's history. It's sad to have this property just decaying. Planning Commission was correct, in my opinion, to Nreto the existing plans from Wessman. All the time and effort people ha\-e given to make this area a shining example of what Palm Springs use to be seems a waste of their time and a mask from Wessman and Steve P. to do what thev want rather than �r hat's right for the city. If tax money is going to be used, it has to benefit the majority not_just Steve and his ambitions along with We$$man and his sights on $$$$$$$ and profit. Ile's pillaged the city long enough. I Every time I come dog; n there, it makes me sad this "soap opera"just continues with no real solutions or actions taken to impro\-e the area. Palm Springs could become the "Jewel of the Desert" again with more attention to, not only visitors but. their citizens needs and \N,ishes!!!!!!!! Then may it would be profitable for all in rc X enue along «ith jobs, and new and old businesses would thrive and improve their stores to make it a beautiful city once again. ']'hank you for taking my thoughts in consideration. Kathee Eskridge Indio CA 6/6/2011 i Page 1 of 1 Cindy Berardi ij it C,E V L D From: ELLEN ROSEN [el lengolfer@usa.net] F p!+L Sent: Tuesday, June 07, 2011 1:50 PM 2011 jUN -I FM 3*- 19 To: CityClerk Subject: Downtown Shopping Center-Wessman CITY I.I CL R CITER", Don't use taxpayer money to help Wessman out in this development. He is probably in violation of so many codes that you could fine him for, make it difficult for him to continue doing nothing. Harass the heck out of him. Make it difficult for him to keep the property if he isn't going to develop it. I don't think the city needs to help him financially, maybe a tax break, but no financing! Please.. ....Ellen 6/7/2011 R Ep EIY El; "PALM SPRI rl PRESERVAT ,�.t a ; tfUrlr FOUNDATI 'T Y C`�R 1� June 8,2011 Mayor Steve Pougnet City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Wessman Development Downtown Revitalization and Conceptual Master Plan and Proposed Development Agreement Dear Mayor Pougnet, We understand that the city council will meet on June 15,2011 to evaluate the merits of the subject site plan and draft Development Agreement with Wessman Development. As we wrote in our May 18, 2011 letter to the city's planning commission: Our view is that the inclusion of the Town& Country Center(T&CC) in the proposed site plan and Development Agreement before you is flawed on many levels and fails to comport with the values and priorities of the city's general plan,historic resources program and sustainability program. Accordingly,we ask you to consider only that portion of the subject site plan and agreement west of North Palm Canyon Drive. Additionally, during the May 25,2011 deliberations of the planning commission,a host of serious issues were raised about the terns and legal sufficiency of the proposed Development Agreement. While it has bccn privately rationalized that the forthcoming Financial Agreement will"fix"the flawed Development Agreement, as a practical matter it seems obvious that the developer will revert to language and loopholes in the Development Agreement when it's to his advantage(and to the city's peril). As a matter of common sense,who enters into an agreement of this nature without knowing the price of the inherent benefits and obligations? It also seems advisable that specialized legal and negotiating expertise be brought to bear on these important documents to address concerns by many leading citizens that the city has been"out-lawyered"in the crafting of the Development Agreement. Finally, it seems obvious that these important documents should be signed concurrently and not serially: the citizens of the city deserve such transparency. We realize this is a complex issue and would like to provide you with some important background information. We hope that the following organization of facts and opinions 1775 East Palm Canyon Drive,Suite 110-195,Palm Springs,CA 92264 (760)837-7117 • info()pspreservationfoundation.org • www.pspreservationfoundation.org about the T&CC will help you in your deliberations: Architectural Significance of the T&CC The T&CC (1948)was designed by two internationally-famous architects, Paul R. Williams and A. Quincy Jones. The T&CC is one of the best examples of the international-style of architecture in southern California and is an important early"mixed-use"development. It is also architecturally noteworthy for its pedestrian-friendly courtyard. We ask that you read the scholarly T&CC historic site nomination authored by Palm Springs Preservation Foundation(PSPF)board member Patrick McGrew in 2009 and updated in 2011 (see attachment 1). Importance of Paul R. Williams' Involvement with the T&CC Paul R. Williams is historically important as the American Institute of Architects' (AIA) first African-American architect(joining in 1923) and first African-American AIA Fellow (so honored in 1957). From April 29.30,2011 we hosted an educational advocacy visit by Mr. Sanford Garner,the president of the National Organization of Minority Architects. On Saturday, April 30 Mr. Garner(who has significant experience in the field of preservation architecture)toured the T&CC with several of our board members. After the tour, Mr. Garner commented that the T&CC was"an historic resource that other cities would envy." The T&CC Portion of the Wessman Development Site Plan is Inconsistent with the City's General Plan The city of Palm Springs General Plan is replete with references to the importance of our historic resources,the"character"of our city and the importance of sustainable or"green" development. The proposed demolition of the T&CC directly contradicts many of the city's general plan values and priorities including: >"pedestrian-oriented shopping"(page 1-12) >"unique architecture"(page 1-12) >to"Promote the...use of...existing construction to minimize resource depletion and conserve resources for future generations."(page 1-12) >to"Create unique places that strengthen community identity, offer visijal interest, and support lively activity."(page 1-13) >to"Preserve and uphold the high quality of architecture and the unique visual and aesthetic forrn in buildings...that distinguish Palm Springs from other cities."(page 1-13) and perhaps most to the point, >to "Recognize the importance of adaptive reuse for architecturally and historically significant resources." (page 1-13) 2 The T&CC is Historic The T&CC has been evaluated for its historic significance no fewer than five times starting in 1983 and each review has determined that the T&CC is a bona fide historic structure that is eligible for listing on the National Register of Historic Places. With full knowledge of its historic significance,the T&CC was purchased by the current owner at a below market price in 1997. Unfortunately,the decision as to whether a property is"historic"can fall victim to political expediency and the machinations of well-meaning city councils. Hence,more expert and scholarly assessments of properties, which evaluate the historic and architectural merits of a site using more objective criteria, should be consulted. The most recent of these expert assessments occurred in June of 2004 with the publication of the Citywide Historic Resources Survey. The city-directed survey was conducted by qualified experts from the Architectural Resources Group,Inc. and was approved by the city council on October 20, 2004. The 2004 survey opines that the T&CC "appears to meet the level of significance necessary for individual National Register of Historic Places or California Register of Historic Resources eligibility at the local level,"and further that the T&CC is "A rare and excellent example of the late Moderne style...." Finally, the survey concludes that"Because of the building's visiial quality,history, intact setting,and fair to high integrity, and as an outstanding example of commercial architecture in the late Moderne style, the building represents the overall commercial development of downtown Palm Springs during the post- war era and contributes to the mid-century modernist character so strongly identified with Palm Springs." In the case of Palm Springs, historic properties have frequently been pawns in city- developer conflicts and alliances. An occurrence similar to today's T&CC saga transpired with the Frey-designed Tramway Gas Station: the architecturally distinctive gas station's historic designation was initially rebuffed by a city council intent on supporting a developer's proposed retail expansion at that end of the city. A later city council decision designated the Tramway Gas Station a Class 1 historic site and today the building(now the Visitors Center) is the one of the city's most iconic destinations. In short(its June 24,2009 5-0 vote concerning the T&CC notwithstanding)the Palm Springs city council cannot make a building"un-historic." While the city council can designate a site as qualifying under the municipal code's definition of an historic site,we rely on objective assessments from qualified experts not politicians. Wessman Development's Site Plan is Inconsistent with the Publicly-Driven"Preferred Plan" On January 26, Febntary 3 and February 9, 2011 the city of Palm Springs hosted"visioning sessions"to solicit public input regarding the Desert Fashion Pla7.,q (DFP)and T&CC. Public input included calls for local (as opposed to chain)retail,pedestrian-friendly throughways, more green space, etc. As a result of this community process a"Preferred Concept Plan"was developed that offered a solution addressing many of the shortcomings of the failed DFP superblock. Notably, the final community-derived Preferred Concept Plan disconnected the T&CC from the DFP. Despite this apparent real progress, at the final 3 February 9,2011 visioning session, the mayor announced that the developer had agreed to "work with the city" and"had heard"the community's input. At the March 2, 2011 city council meeting a new site plan was unveiled and since then Wessman Development has unveiled yet another site plan(aka a"Revitalization Plan"). Both the recent and latest Wessman Development site plans call for the demolition of the T&CC. Sustainable Development The rehabilitation of buildings like the T&CC is an environmentally responsible practice and is essentially a recycling program. Older buildings like the T&CC were often designed to be energy efficient through their use of good ventilation, durable materials and siting. A huge advantage of older buildings is that the building already exists,therefore energy is not necessary to create new building materials and the infrastructure is already in place. Minor modifications can be made to adapt existing buildings to compatible new uses and systems can be upgraded to meet modern building requirements and codes. These positive characteristics of many older buildings prompted National Trust for Historic Preservation president Richard Moe to assert that, "The greenest building is the one that's already built." On May 5, 2011 our board of directors voted unanimously to accept a proposal from Ecotype Consulting, Inc. to conduct a"Town& Country Center Sustainability Study." Ecotype Consulting is a highly-regarded local film from Redlands, California that has real- world experience coupled with academic credentials. The study should be completed by the end of June 2011, in time to infoiin decisions about the fate of the T&CC. The completed study will be distributed to the Palm Springs city council and other interested city boards and commissions. The study intends to: >Describe the use of historic resources in sustainable planning and urban design, >Assess and compare the embodied energy in both the current Wessman Development site plan and in a viable preservation alternative, > Compare the potential Leadership in Energy and Environmental Design(LEED) credits of the current Wessman Development site plan with those of a viable preservation alternative, >Propose transportation(common and alternative)and pedestrian connectivity between the T&CC and adjacent areas, and > Summarize parking and transportation strategies in the Wessman Development site plan and alternatives that promote better walkability,access to public transportation,reduced traffic and reduced single-occupancy vehicle use. The Proposed Road through the T&CC is Bad for the City. Good for the Developer The developer's oft-stated T&CC "demolition or bust"threat reflects a scenario of his own creation. There is no factual reason the DFP cannot be remodeled or replaced without the T&CC's demolition. It is generally held that the developer's motivation to demolish the T&CC to make way for an"essential" east-west road is obvious: he will own an entire city block of buildings, on both sides of a new street, with prime street-front commercial space that will command high market rents. 4 With the motives of the developer better understood, what is the best east-west corridor for the city? The routing of an east-west corridor through Andreas Road has been identified many times as the most advantageous for the city and this route now appears on the latest Wessman Development site plan! With the developer's recent, albeit stubborn,realization of the importance of the Andreas Road connection(which goes directly to the Palm Springs Convention Center)the rationale for an additional east-west road through the T&CC becomes all the more untenable. Additionally, should it be considered necessary to route vehicular traffic westward into the DFP(and Palm Springs Art Museum)near the physical location of the T&CC,one clever solution would be to create a single north-bound lane on North Palm Canyon Drive that can turn left(west) into the DFP. This idea has recently gained much support from experts who understand urban planning and traffic flow and is a logical, inexpensive and sustainable solution. The"re-striping" solution also corrects the over-capacity, one-way scheme currently being used in this area of North Palm Canyon Drive. The"Wexler Connection"to the T&CC Last month, our board members accompanied local architect Donald Wexler on a visit to the E. F. Hutton Building,an international-style building that has been "hiding in plain sight" for years within the T&CC. Designed by the architectural firm of Wexler&Harrison in 1955,the E. F. Hutton building will fall victim to demolition should the Wessman Development site plan for the DFP be approved. As appreciation for Wexler's work continues to increase, this potentially historic asset should be evaluated for possible historic preservation. The Destruction of the T&CC will Damage the National Reputation of the City On April 5, 2011 PSPF board member Erik Rosenow wrote a"Valley Voice"column for the Desert Sun newspaper that addressed some of the public relations aspects of the T&CC controversy(see attachment 2). There is a reasonable expectation that a city that derives so much of its revenue through architectural and cultural tourism be a good steward of the historic resources which bring visitors. The demolition of the T&CC might be expected to generate as much negative press as the destruction of Neutra's Maslon House in Rancho Mirage in 2002. On June 3, 2009 the Palm Springs city council voted unanimously to support an application to become a"Preserve America Community." On October 7, 2009 the city of Palm Springs was officially designated a Preserve America Community in a letter from the White House signed by First Lady Michelle Obama. The Preserve America program"recognizes communities that: >protect and celebrate their heritage; >use their historic assets for economic development and community revitalization; and >encourage people to experience and appreciate local historic resources through education and heritage tourism programs." 5 Obviously, Wessman Development's proposal to demolish the T&CC directly contradicts the city's commitment to adhere to the principles of the Preserve America program. Public Support for a Tax Measure or"Wessman Subsidy" One of our concerns regarding the practicality of the Wessman Development site plan is the proposed strategy of partially financing of the DFP redevelopment with a public subsidy (derived from an earmarked"new tax"). In any political environment garnering public support for a tax measure is difficult. Garnering public support for a tax measure that provides a subsidy for an unpopular millionaire developer will be exceedingly difficult. Garnering public support for a tax measure that further subsidizes a scheme of cultural vandalism, i.e.,the destruction of an historic asset,will be nearly impossible. The Planning Commission's recognition of this obvious political dynamic is important. Hence" disconnecting the T&CC from the proposed Wessman Development site plan may prove to be the key to a quick and successful redevelopment of both the DFP and the T&CC. It should be noted that in the run-up to the T&CC's Class 1 designation hearing,we quickly collected 896 petition signatures supporting the designation. In a city where officials are elected by razor-thin margins,potential public support for the preservation of the T&CC should not be underestimated. Policy impediments to the Wessman Development Revitalization Plan At the November 18, 2009 Palm Springs city council meeting"the Museum Market Plaza Specific Plan(which includes the T&CC)was amended as follows: "No permitfor the demolition or substantial alteration of arty portion of the Town and Country Center will be issued until(a) all discretionary entitlements consistent with the Specif c Plan have been approved for the renovation or redevelopment of the existing Desert Fashion Plaza; (b) building permits in furtherance of such renovation or redevelopment have been issued: and (c) substantial work consistent with such building permits have commenced on the existing Desert Fashion Plaza. " In short,the progress of the proposed DFP redevelopment is"serialized"by the foregoing city council-approved language. Should the T&CC portion of the Wessman Development site plan be disconnected"the developer and city(especially should it elect to pursue an eminent domain strategy)would have greater flexibility in pursuing the development of the DFP and/or the T&CC. The Fallacy of a"Grand Boulevard" While the idea of a grand east-west boulevard as proposed in the Wessman Development site plan is alluring to some, it does not stand up to scrutiny. Such a boulevard is incompatible with the"village"feel of the city and is more appropriate for a dense urban area and typically requires anchoring by an"imposing" structure. Asking the Palm Springs Art Museum(PSAM)to anchor such a grand boulevard is asking much of a building built well below grade with much of its facade designed to look like the mountain behind it. A 6 more appropriate model would be a pedestrian and/or"slow traffic"connection from the PSAM to the T&CC, effectively creating two architectural"bookends." The Success of Courtyard Configurations We know from local retail experience that pedestrian-friendly and green courtyard configurations have not only been viable in the past but are viable today(witness the success of"The Corridor" complex just a few blocks north of the T&CC). It should be noted that the Planning Commission recently expressed great disappointment at the horrific lack of green space in the current Wessman Development site plan. The T&CC is Economically Viable Despite the developer's occasional assertions that the T&CC is standing in the way of the city's economic revitalisation, the T&CC was financially viable until the DFP was built across the street. Today, shoppers have rejected retail superblocks like the DFP in favor of smaller, more pedestrian-friendly shopping opportunities. The T&CC contains approximately 60,000 square feet of rental space. Comparable space in historic downtown buildings generates an income in the range of a dollar per square foot per month. Had the T&CC been properly restored and marketed it could conceivably have grossed as much as $700,000 a year in income-roughly $7 million over the time it has been in the current owner's control. Instead the building has been allowed to languish,presumably in the hopes that it can be demolished as a development opportunity. The rehabilitation of the T&CC, when combined with sympathetic new development could, in time,provide a major expansion of the downtown retail core—something another street could never do. It is ironic that the developer recently proposed to demolish the T&CC (a remarkable and important midcentury building)while simultaneously proposing to change the facade of the DFP to look"midcentury modern": in short proposing to tear down an authentic midcentury building only to build a fake across the street! For a downtown to be viable it must possess a range of building types and functions. Mixed-use properties such as the T&CC provide small retail office and residential spaces for start-up retail businesses and offices. Over the years,the list of tenants in the T&CC has included drug stores, furniture stores,publishing offices,restaurants, architect's offices and more...all of which would still be welcome in the downtown. An examination of the preservation and restoration-based revival of the Uptown Design District,which includes several comparable properties,provides a model for preserving the downtown's historic resources. Innate Advantages of Historic Preservation Possible future activities like the historic preservation of the T&CC are cost-effective tools that can be used to leverage private capital,create jobs,revitalize business districts, and stimulate a wide range of other economic activities. PAIm Springs property owners, like Wessman Development,can take advantage of federal and state tax credit programs to help rehabilitate historic buildings. Preserving historic character helps support tourism by providing interesting and unique opportunities for visitors. 7 Conclusion When the Palm Springs city council voted unanimously on December 15, 2010 to proceed with plans to acquire both the DFP and T&CC we were hopeful that real progress was forthcoming. We saw the vote as a tangible expression of the city's frustration with Wessman Development and,more importantly,the city's desire to have the DFP complex contribute to the city's economy. The vote also validated the preservation community's strategic decision not to litigate on CEQA grounds when the T&CC's Class 1 historic site nomination was rebuffed by the city in June of 2009. In summary, while the new Wessman Development DFP Revitalization Plan is laudable insofar as it successfully breaks up the DFP superblock, it recycles the developer's demand for the gratuitous demolition of the T&CC in exchange for a new retail store frontage"road to nowhere." We hope that the foregoing infoirnation has been useful and ask that you please share this letter with your fellow commissioners. Sincerely, A(�go/.&ju Ron Marshall President Attachments: 1. Class 1 Historic Site Nomination for the T&CC 2. Valley Voice editorial entitled"Las Vegas can give Palm Springs a lesson in historic preservation,"dated April 5, 2011 Copy to: National Organization of Minority Architects(Sanford Garner) California State Historic Preservation Office (Milford Wayne Donaldson) Palm Springs Modern Committee(Peter Mon»ai) Desert Sun(Greg Burton, James Folmer and Mariecar Mendoza) Los Angeles Times(Christopher Hawthorne and Michael Miller) 8 Attachment 1 •Ir r _. _ t � Figure 7 Courtyard view of entrance to Town&Country Restaurant Photo:Julius Shulman HISTORIC SITE NOMINATION for THE CENTER 174 NORTH PALM CANYON DRIVE PALM SPRINGS, CALIFORNIA Prepared for: THE PALM SPRINGS PRESERVATION FOUNDATION Prepared by: PATRICK McGREW, Preservation Consultant 674 South Grenfall Road Palm Springs, California 92264 April 2009; Revised April 2011 1 O pALM Date Received: V N Case No. c,Faary� HSPB No. Planner: CITY OF PALM SPRINGS DEPARTMENT OF PLANNING SERVICES 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Telephone: 760-323-8245 HISTORIC SITE DESIGNATION APPLICATION APPLICATION The completed application and required materials shall be submitted to the Department of Planning Services. The submittal will be given a cursory check and will be accepted for filing only if the basic requirements have been met. Incomplete applications due to missing or inadequate information will not be accepted for filing. Subsequent to the initial cursory check and filing of plans, a detailed review of the application and all reports and exhibits will be made to ensure that all required information has bocn provided. HISTORIC SITE PRESERVATION BOARD (HSPB) Once the application has been determined to be complete, the HSPB will review the application to determine whether the site meets the minimum qualifications for designation pursuant to Chapter 8.05 of the Palm Springs Municipal Code. If such determination is made, a public hearing will be scheduled for a future meeting. A public hearing will be held by the HSPB to receive testimony from all interested persons concerning the Historic Site Designation. The public hearing may be continued from time to time, and upon complete consideration, the HSPB will make a recommendation to the City Council Prior to consideration of the application by the HSPB, a notice of public hearing for a Historic Site Designation request will be mailed to all property owner;within 400 feet of the subject property a minimum of ten (10)days prior to the hearing date. CITY COUNCIL After receiving the recommendation of the Historic Site Preservation Board, a public hearing will be held by the City Council to receive testimony from all interested persons concerning the requested Historic Site Designation. The public hearing may be continued from time to time, and upon complete consideration, the City Council will then conditionally approve, deny, or approve the application as submitted. The City Council's decision on the application is final. TO THE APPLICANT: Your cooperation in completing this application and supplying the information requested will expedite City review of your application. Application submitted will not be considered until all submittal requirements are met. Staff may require additional information depending upon the specific project. Please submit this completed application and any subsequent material to the Department of Planning Services. 2 �At Figure 2 View of Town&Country Restaurant from beneath the semi-circular overhang located in the northwest comer of the courtyard. 5urprisingty,all of these elements are extant,subject to rehabilitation. Photo:Julius Shulman PREFACE: Since the early 1980s, The Center(its original historic name) complex has been evaluated four times for its historic significance, and each time it has becn found eligible for listing on the local, county, state or national registries'. In 2006, the Palm Springs Historic Site Preservation Board listed the complex on its work program for a Class 1 Nomination, but the nomination has not moved forward due to a lack of sufficient staffing to prepare a nomination. A couple of years ago Peter Moruzzi asked if I would be interested in preparing the nomination, and at the time I declined. I didn't yet understand the importance of this complex in Palm Springs' history. More recently, the Palm Springs Preservation Foundation asked me for assistance in the preparation of the Nomination so the HSPB could formalize their Nomination process, the result of which is attached. Because the building has been evaluated several times, and seeing no nood to reinvent the wheel, I was able to utilize existing materials and documentation, much of which is liberally appropriated herein. Any mistakes however are the sole responsibility of the author. It has bccn a pleasure to get to know this unique property. -Patrick McGrew,April 2009 1 See Bibliography. PALM SPRINGS HISTORIC SITE PRESERVATION BOARD CASE REPORT HISTORIC SITE NOMINATION FORM This form is for use in nominating or requesting determinations of eligibility for Class 1 designations for individual properties and historic districts. Use instructions in How to Complete the National Register of Historic Places Registration Form (National Register Bulletin 16A) and How to Apply the National Register Criteria for Evaluation(National Register Bulletin 15), which have been adopted by the Palm Springs Historic Site Board. Complete each item by marking 'Y' in the appropriate box or by entering the information requested. If any item does not apply to the property being documented, enter "N/A" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions in the Bulletins. 1. Name of Property and Owner Historic name: The Center Other names: Colburn Center/Town &Country Restaurant/Town&Country Center Assessor's parcel number: 513 092 09, 10&26 Current Owner's name:Wessman Holdings Address: 300 South Palm Canyon Drive City: Palm Springs State: California Zip code: 92262 Telephone E-mail address 2. Location Street& number: 146, 156-66, and 174 North Palm Canyon Drive; 167-81 North Indian Canyon Drive. City: Palm Springs State: California County: Riverside Zip code: 92262 3.Classification Ownership of Property(Check as many boxes as apply) X private public-local public-State public-Federal Category of Property(Check only one box) X building(s) district X site structure object Number of Resources within Property Contributing Noncontributing 1 X_buildings 1 sites structures objects 2 Total 4 Name of related multiple property listing (Enter"N/A" if property is not part of a multiple property listing.) 4. Function or Use Historic Functions(Enter categories from instructions) Cat: Commerce/Trade Sub: Office Cat: Commerce/Trade Sub: Financial Cat: Commerce/Trade Sub: Specialty Shops Cat: Commerce/Trade Sub: Restaurant Cat: Housing Sub: Apartments Current Functions(Enter categories from instructions) Cat: Commerce/Trade Sub: Specialty Shops Cat: Commerce/Trade Sub: Night Club S. Description Narrative Description (Describe the historic and current condition of the resource including character defining features on one or more continuation sheets.) Architect: A. Quincy Jones with Paul R.Williams, Associate Construction Date and Source: 1946 (Permit) Completion 1948 Architectural Style Classification (Enter categories from instructions) Category: Modern Movement/International Style Materials(Enter categories from instructions) foundation : reinforced concrete roof: built up walls: cement plaster other: Storefront glazing; structure: Steel Frame 5 167-1r1 Avcwu_ N-1 url.w r _ .• Tr y v.. o�#urMra� 'r""`""�' rtri kv�r" itawC _ �vr:ki�r� � -� , • _ . /• •� _ J �1 C ru ,f � 1 Y! �+�{�•/Ate. 1LYLL � i �'•/� _ dGFa� 1 �r_ 1 � 1 I BAN is I , , -z ao au4t 174!4M& Pay, , l,a"m. Diu, Figure 3 Site Plan Source,Shopping Centers.Design&Operation 1951. 6 r*` i kil -� =•u. x, 71 WOW Figure 4 100 block of Main Street(North Palm Canyon Drive)circa 1930 showing Patterson s Drug Store and other buildings then existing on the site of the subject property. Source,Palm Springs Historical Society v xrx.r'\IA Figure 5 100 Block of North Palm Canyon Drive showing subject property in 2009. 7 Narrative description of subject property Context: This block of Palm Springs is rich in historic context. The village's first church was built on the northwest corner of the block, and next door was the village's first hardware store. Both were located just north of the subject property. The site of the church is now the location of the Carnell Building, architect Harry Williams' first Palm Springs project, and now a Class 2 historic site. Next Door, the Lykken & Bartlett Department and Hardware Store of 1914 (altered to its present appearance in the 1930s) is a Class 1 Historic Site. A portion of the subject property was once occupied by Patterson's Drug Store (illustrated above) at 160 North Palm Canyon Drive, and was first recorded into the California Historical Resource Information System [CHRIS] in 1983 and subsequently designated Site 33-7545. The site record from that survey offers a rather sketchy description of that portion of the complex: "This modern commercial building has stucco walls with a flat roof. It has small four pipe designs on stucco panels on the second story while the first story consists of a storefront." (Henderson and Hough 1983:1) Portions of that building are said to exist as part of the subject property's subsequent development. The"stylization of the desert into a first-class travel destination was the result of its discovery by the rich and famous of Hollywood in the 1920s-1930s, making Palm Springs the favored getaway destination. The new buildings in pre-WWII Palm Springs were predominantly Mission Revival and Spanish Colonial Revival in style, inspired by both the and natural landscape and a romanticized vision of California history. Palm Canyon Drive was the center of this architectural transition, as newly constructed markets, hotels, and retail shops increasingly defined the downtown cityscape. In the post-WWII era, a major shift took place in the architectural aesthetic of Palm Springs as the city sought to accommodate the voguish tastes of wealthy visitors who desired private vacation homes and upscale shopping in the secluded desert. Viewing the traditional Mission and Spanish style buildings then dominant in the area as too old-fashioned, this new clientele developed an appreciation for a type of architecture that was more explicitly modem. The result was inspired in part by the clean lines, flat roofs, glass walls, and unornamented facades of the International Style buildings made famous by architects such as Mies van der Rohe,"Z Oscar Niemeyer Erich Mendelssohn, and Le Corbusier, tempered in part by the desert landscape and climate. The attention given to the desert landscape fostered an aesthetic variation in which the austerity of the International Style is influenced by the inclusion of local natural elements such as rock, granite, and wood on the interior and exterior, and by the use of neutral colors to better help the buildings blend into the surrounding environment. Water is also a predominant feature of these buildings, as many include pools, fountains, ponds, and waterfalls. Much of the downtown Palm Springs area today reflects this latter phase of architectural transformation since a number of important buildings from this period are still extant. The original buildings on the project site were demolished in phases to make way for the development of the subject property that was originally named"The Center." As designed, the subject complex was configured to feature an enclosed courtyard with street front elements facing Palm Canyon Drive on the west and Indian Canyon Drive on the east. Linked to the streets by passageways, the focal point of the center is the landscaped courtyard in the center of the property that was surrounded by shops. Additional shop fronts also faced the street fronts (See Site Plan). When the project was built, the two streets had not yet been combined into a one-way couple, and both street facades were equally important. Since the introduction of the one-way couple, Palm Canyon has emerged as the more important street and the Indian Canyon facade, while architecturally the more interesting of the two, is now considered to be the rear of the building. "Owing in particular to the success of the Town and Country Restaurant and proximity to the famed Desert Inn across the street, `The Center' was an instant hit among fashionable circles of post-World War 11 Palm Springs. Like architect Harry Williams' multi-use La Plaza Center of 1938, a few blocks away, The Center was designed to accommodate a mixture of retail stares, offices, and apattinents and a restaurant. Patterson's Drug Store, the second pharmacy to open in Palm Springs, was among the first tenants in the complex. So successful was the design of The Center that it was included as an example of new shopping center design in the 1951 book Shopping Centers, Design and Operation. -Museum Martcat Plaza EIR, CuKuml Resources Survey Report,p 5 8 Besides the advantages of having frontages along both Palm Canyon and Indian Canyon Drives in the downtown core, the complex had additional retail and office suites facing onto the interior courtyard. When built, the dramatically landscaped courtyard formed the focal point of the shopping center, bordered by a large, glassy semi-circular clement on the west side of the courtyard and an angled exterior staircase to the Town and Country Restaurant on the east side. The broad concrete stairs, resting on a multi-level asymmetrical podium and accompanied by a seemingly airborne planter jutting out from the building behind, led to a rectangular balcony across the front of the restaurant. The dynamic interaction among the various geometric shapes and intersecting planes facing onto the courtyard represent the most notable character- defining elements of The Center's International Style design."3 l IME s t :L ,- t I Figure 6 In this photo, the glassy semi- ircular element is compared to Mendelssohn's influential tie Le Wan-Pavilion of 1938. England's rKst modernist public burbling. 3 Museum M81*8t Plaza EIR, Cultural Resournes Survey Report,p 15(abridged). 9 f I• , I i I I I _ I I ......�ei ii r..t.tt. ,riut...�.t .0 u.i Ai iYtYi w/N Nlil rc1/111 t.A11Y/Nl I�11VF3 146-150 North Palm Canyon Drive (Bank of America Building) This portion of The Center complex consists of a two-story, commercial block built of reinforced concrete construction that was designed to house a Bank of America branch. Although constructed at the same time and by the same architects as the rest of the project, the building nonetheless has its own distinct identity. It has now been subaividea :n:v three retail spaces. Rectangular in plan, this building element features a set of angled louver-like vertical, glazed openings on the upper level of its primary facade. The street-level Facade contal;;s A_ - 3^�+ display windows The two levels of this facade are divided by a projecting hor+zonta 3. l h?nri _--- -- passerby and also served as a marquee bearing the name of the bank "The Bank of America building was a highly stylized and eve-catching commercial building when firsf rnnsfrvirf ri l-iictrtrir- photographs illustrate the original International Style design of the building's principal facade. a*�u'.a•_=:_. eKDressed through the contrast between the arrav of large concrete louvers then Daintprl hiein ?nA the r,a:! lv:e sand-colored 'towers" that anchored both ends of the facade. The name of the bank was spelled, across the top of the proiecting cornice in white, widely spaced letters The bold architectvrtrai rhame-tnr r%f this facade has been subdued to some degree by the uniform coat of dark brown paint across iellel nnA the subdivision of the former bank into three Separate ctprefrnnts. each with its own cianane that ;;a marginally altered the general appearance of the building."d d Museum Market Plaza EIR Cultural Resources Sun vv Rwww v 16 10 Figure 8 Current image of the twin buildings at I 174 Math Pain Carom Grim. The passage to the Courtyard is partkipy blocked by an outdoor seating area. Conhnponvy in detad, these"tw m'retied a Boaux-Arts sansib ft more typical of Paul R 1446ams'wrorik. Pain Springs has no other examples of this idnd of pawng. 155-65 and 170-74 North Palm Canyon Drive(Twin Buildings) Separatea oy a 20-foot wide passageway, the two building cicments at 156-166 and 170-174 North Palm Ca^;�o^ Drive have ^earl, ident—a! street facades. The west elevations of these buildings(along North Palm Canyon) texture flat roofs with a wide cornice treatment composed of painted vertically oriented corrugated ohimintim nonalS -,added in the ICIAOs enri Concrete hirtrk Wall Cp[tinnq that Ctih-rtivirtP a eeriee of etnrofrnnt spaces Each is glazed with metal-framed storefront sections. Uniform awnings have been placed above the ctnrefrnntc but thowc urc a later addition The Museum Market Plaza EIR asserts that the building on the rignt is the remains of the Patterson Drug Store. While identical on the street facades, the northern element (11711_17,1I A..fencrs eastward along the north property line thus forming the northem "wall"of the contains shops at the street level and offices above. I he semi-circular element on the courtyara side of MIS building, with its curvilinear overhangs and large ribbon windows on both levels is one of the architectural highlights of the complex 11 .-M{I 1 E. F. Hutton Building(1458,Wexler&Harrison) 168 North Palm Canyon Drive A later addition to the project, this building was built for the E. F. Hutton Brokerage. The firm previously had offices in the Desert Inn, and then at 174 North Palm Canyon. After the occupants moved into their own building on Tahquitz Canyon Way, this structure was occupied by The Palm Springs Club_ It hoc hecn vacant for many years 1� • _ _ MrM - ..'_ _ - __ __ _ F.L _ _ — _ :K,�n __ciq-A'�.�.'S�,Win:: •.- -..:i•b•��."1�'1-w1.:':.�Yi.aw- .- .- '� _"�..�`�.•.'�,f_�` _•i�_�'>"a�/`,.,�t�T:�:,TurF.7r:�L !r :d-titi•5..�....,...,r -F. - - _ -.- -- -'rj.-c_;wit- '=.Nr;. - _ _ ,','CC r" -T:aw`:- a9`•"=1�.T:i' -:.ilew':,..r�F'i.:1F,'&`�'P'.�'-,.M-wrL:•'.•-,+.' - . - - -- - "':�Es�S'yrl:�.•i�;'�"RK =�'sa6i+ti qi•+=��..� _- - .•-,�,i:• - -���.:. -',d,:.w - -'.-: .. -- •t. �' gig".,w.F_`•A;,s,,' !m�"n;r'fl ';',:k^i" y: S v?r•.:,_,'S 'KD�SF:'lc' `:a.T:'.'+;•6'.:�.f:y'L �iwM .P3a'•i=;:._ .e+ ti�- - r4.i1�. .7A'_„t��`:r�"•-w:,t, ;i.wa.x" - �r.. '•_-_r�E 1:. --_ _ _-- ;aSA.'...,� "` 4-: Figure 9 East elevation of 167--191 Indian Canyon Drive This is the less weft-known eastern side of the subject property 167-81 North Indian Canyon Drive (East facade) Although somewhat shabby in appearance, the result of neglect and x deferred maintenance, The Center's east elevation (fronting on Indian �t Canyon)is a remarkably handsome and - largely intact composition that features two projecting cornices that interlock in f' to a two-story high wedge-shaped frieze. Historic signage located near the Indian Canyon entrance names the complex 'The CENTER". Hidden in plain sight, this is another of Palm r> Springs' remarkable International Style t r designs that is unfamiliar to locals who pass it every day, but would be hard- pressed to identify it. The entry alone • t reveals a sure architectural hand. Figure 10 Indan Canyon Entrance to T)a Center" 13 6.Statement of Significance Appicable Criteria(Marty V in one or more boxes for the criteria qual*ng the property for listing) Events : (1) Property is associated with events that have made a significant contribution to the broad patterns of our history. Persons 9(2) Property is associated with the lives of persons significant in our past. Architecture :(3) That reflects or exemplifies a particular period of national State or local history, or :(4) Embodies the distinctive characteristics of a type, period,or method of construction, or :(5) Represents the work of a master,or possesses high artistic values, or 9(6) Represents a significant and distinguishable entity whose components lack individual distinction.(Historic Districts) Archeology 9(7 Property has yielded, or is likely to yield information important In prehistory or history. Criteria Considerations(Mark"X"in all the boxes that apply.) 9 owned by a religious institution or used for religious purposes. 9 removed from its original location. 9 a birthplace or a grave. 9 a cemetery. 9 a reconstructed building, object, or structure. 9 a commemorative property. 9 less than 50 years of age or achieved significance within the past 50 years. Areas of Significance(Enter categories from instructions) Criterion 1: Events Criteria 3-5 Architecture Period of Significance: 1940s- 1950s 7. Statement of Significance(Explain the significance of the property on one or more continuation sheets) The Center The Center "was originally constructed in 1948 as an important addition to Palm Springs' downtown c_m::mercial center The complex was previously evaluated for historical significance in 2003, and was determined to be eligible for listing in the National Register of Historic Places and the California Register of u.e.ar.�..-..-.� �..r ...r.... a aF... {e.e..-.l �.-....-.� a �r F..+�..... .J.-.. I' I r. A i.-.....r.ar, Fr..- a.+ a. .FF. ♦4... .. _toncal '�eauurcea, at he !ocai level o, sig%;LIca ice, unuei vinenon rt ;eve:�iot w� Its assocot;on wth uic tourism-driven urban gro%,th of Palm Springs in the post-WWII era and Under Criterion. C for its embodiment of uistii etiv2 =`1^.`r_._ 5tiCs 5 of fti_ ^tom"ativi ai vty!c T"e tuddi,g also aualif-es 2s the vdorik of master =p.rviicS, 'r= Sacs iiigii art ._ r a•ue_. Museum Market Plaza EiR, Cultual Resoutcss Report.p - 14 Significant Event(Complete if Criterion 1 is marked above) Criterion 1 (events): "One of the most compelling aspects of the Center's history is its close ties with the pattern of events that contributed significantly to local and regional history, namely the rapid growth of downtown Palm Springs as the dominant urban center in the Coachella Valley during the 1940s-1950s. Situated prominently at the core of downtown Palm Springs, this mutts-use commercial complex, with its bold International Style architecture, trendy restaurant, and appealing courtyard, exploited and boasted the post-YAN11 tourist boom that perpetuated the city's claim as one of Amenca's leading winter resorts.i° For this historical contribution, the Center holds a unique place in the post-MA111 development of the city andi continues to be a well-known local landmarR, t!iat enjoys a high level of historical interest tha ?.^.rr^^t�.^.:t Err thi3 }ra_Leiir vi cVci iS, uic buildings)qualifies for listing under this criterion Significant Person (Complete if Criterion 2 is marked above) Criterion 2(Persons): No claim is made for eligibility under this criterion. Significant Architecture(Complete for each of Critena 3-7 are marked above) Criterion 3-7(Architecture/Design): (3)That reflects or exemplifies a particular period of national State or local history. The building's ability to exemplify to city's emergence as a modernist destination Qualifies it for listing under this criterion. (4): Embodies the distinctive characteristics of a type, period, or method of construction, Designed in the International Styro, the oub,ect property was comprised of three, two-story, flat-roofed elements surrounding the open-air courtyard on four sides. Along the east side of the courtyard, a \vide staircase leads to a second !eve! restaurant space, originally called the Town and Curt^, Iestaurant, now a nightclub called Zeldaz. Along the northwest corner of the courtyard is a semi- circular element that recalls Erich Mendelssohn's famous and inf uential lnte—Maticnal Style De La Warr Pavilion of 1JJV, considered by some to be Britain's first P":,uernist wuild;ng Figure 11 A. Quincy Jones and Paul R. Mi iams. "Museum Market Plaza EiR, Cultural Resources survey Report,p 19. 15 (5): Represents the work of a master, or possesses high artistic values "Architecturally, the Center complex, as built in 1948, is among the collaborative works of innovative and acclaimed architects A. Quincy Jones and associated architect Paul R. Williams, both of whom individually earned national distinction during their careers. The Center was built by the Palm Springs Corporation on property owned by Bank of America (City of Palm Springs Building Permit dated 1945) as collaboration between architects Jones and Williams. At the same time, the architects were aiso commissioned to design the Palm Springs Tennis Glub Restaurant (now the Bougainvillea Room) and a few years later, Romanoffs on the Rocks, a !oca! restaurant, in 1950 (Buckner 2002). "Archibald Quincy Jones (1913-1979)was noted for designing university and office buildings towards tie end of ills career, 4b ut he First ga:ned recc^yrrittcn For his res:dential work. AS a participant :n Jonn Entenza's Case Study House Program, Jones became deeply devoted to the experiment's goal of reinventing houses to reflect how people lived in the pvSi-v Yrorid Nar ii era ilia conviction that t1he tua!it%l of life could be improved through architecture led him to introduce new materials and design v cc}r SCheIe1rc a w 1113 ,c5iuclnal prjw, uI1 CIS Glass vvaIls, usahule atriums, high ceilings and pos#-anu- bearn nnns!ructinn_ In hie nnn_raeirinvniiai hlwitdinne Innae mme rarnnni-7erl ac on innnwotnr Ynrrl Ga.c ci :i:lNr cti:ny u s ii Itcgraii0i 1 ai Id ciiiCicnC� of 1 i IcCi 1ai IiCai Syst21 i IS while maiCin I{Ziny uSauic 5p:ace, Whita ICnne ie lrrin���n for elevating the !o%y1 y moat_%yar tract hnr,iee to high-art veyhitaCtl rra Qawit Revere,. ln/.11. a arc.... F 1...,.} F r}h. v h .r Revere YVI,Ilams (1894-1980) is best remembe re-d GS a designer c, elegant mansions Ivi if le rich anu famous of Hollywood Among his clients were Frank Sinatra, Lucille Ball and Desi Amaz, Tyrone Power, Barbara Stanwyk, Danny Thomas. and Lon Chaney, Sr Among his most easily recagnized buildings in Snti horn California are the Beved Hitic anal Ambassador Hotels. Chasen's and Perino's - restaurants, the theme .hit :!vim:r it^y at tie LvS Ai/ycicS li Itcri lativi lal Airport, Saks `iF'i' -:.'� ic. �r:d t~c Music Corporation of America building. In all, Williams designed or participated in over 3.000 !n Palm Springs, Williams designed homes for W P Anderson (1927) Lucille Ball and Desi Amaz -If,e.n, r rr n [ a,-r c, u 1 r ( pal.— and n..,+.. .# r�n�n r.r Gnu I I I I_rkoglund .J. ,! . .c Grav uwl designed file Casa . Gii..cr Ga r,i��{I a rlcl rlJ I I a.Jvi, and %na alterations and addition to the EI Mirador Hotel 8 Cottages (1952) He is credited filth the desir,n of �;, y1 «h.. 1 T.... /-`1„►. 11l-r77, .a the T.-....,fir f�l,.«.A.`�..`..:t.vr. 1J47 YYI A. Quincy .:CnCSj, �.'��+Fi YI6,om c criyinal Tennis r. ! .v. r;, and a Ic 1 cl.r ua .+. ( .t ha Glcn inint_wontiiii, Al The ('enter invli,�dinn the Town Qu CoUnf a Restaurant in 1950 he designed �.... ah .•+ If r.-...�.+ Ct..rr+ .,},.,r...rr I, .y a .. r V�r.r U.-.r.... rlF }h.-.r.. rr�, +e+ I,. uIE h!^yh-Sty:c r%reras Druq ore :, +e Ivrs, mcluaing ins. � a,a vvlrI vl aIcac 21gnt p— ,eC.a. rricy ...c (Casa ralrn�.raS ,. he Cclltcl r are I:ncv:,,to have Sul-dived Althnuiyph there is no mention of the subject building in llliilinm ' m4rinr rank it is fentu,rnrr �� a g . 11 prominently in Cory Buckners recent Phaidon monograph A. Quincy ones. Contrary to the opirl-n ,presented in the Museum Market Plaza EIR The Center omntev does appear r' � C ..r,....,. ..rr..G to rarnrAcant a pamoular!y important milestone in the development of Jones' architectural style. it is an unusual nrnnerhrino fnr innac anri is a n l ev of its Q nnrnrecci n narin N-..-d, and method of rnnctntin�•hnn I ..N ..! wyr- u... t., ,.. ,. AA ditto+ a m !e F ernati. na! Skyl. erc.—a! !.,,,Iris... }h ♦ tr,f..,« r-`uuulvlla l'�, rraiilS a good XG...i ,c of air Int G.rbria. v�yrc Cvmm. ..r.... .,u.rullry ula�Cvi,...- wa rrirater tally to the historical 1abrtC5 of "the village" and too Palm, Springs'r;s' *ell estabiis,led status a5 a ceniet of Mid-Modern caw-Hitecture. Somewhat subjective in nature, a property is significant for its high artistic values when it so fully a1LwwGt:.S G palucwa.- ivliccpt ......t .t c)iprcSScS a.. GcSurctw iucal, The ..craci, vriul 1t5 v,i,ai riaee E,r. Cu;iu.ai Re-,uurue.Su,-,�y Repuri,u i S. MUSeurn tvrerker Piaza EiR, Cuiturai R&SoUfCes Survev Rewil1,N 15 166 interior courtyard, is a modernist commercial reinterpretation of the self-sheltering hacienda form found in earlier generations of desert architecture_ As such, it possesses high artistic values for the ways in which it fully articulates that particular design concept as an aesthetic ideal. (6): Represents a significant and distinguishable entity whose components (may) lack individual distinction.(Historic Districts). No claim is made for eligibility under this criterion. Significant Archeologically (Complete if Criterion 7 is marked above) Criterion 7: No claim is made for eligibility under this criterion, 8. Integrity Analysis In addition to being determined eligible under at least one of the Applicable Criteria listed above, the building must also retain its Architectural Integrity integrity is based on significance: tvhy, where. and 11hen a property is important, Only after significance is fully established can you proceed to the issue of integrity Within the concept of integrity, there are seven aspects or qualities that, in various combinations. define r.+G ;-'tY Thy of ..F„-,4r, r � I n4.n fl.. C` Wit �AnM•+ -,Ir 1 R/.-.rl•l I Icil 10111F 1-•��I;r and II IlGl�l Ily. 1 I IG JGYGII G1Ji.lG4lJ JI II.tGtnJ,I Ily al G. Lv4Qtl VI., ✓G.:lyl 1, Vim.Llll1�, IYICttGI 1a7.IJ, �Y1J11�111Ct11Jl llt.J, 1 GGlllly QI ILA Association To retain historic integrity a property will always possess several, and usually most. of the aspects the retla.t:oni of specific a5pc.ts JVlF Integrity is paramount Fv.r a property ILw c oilw:y ;4nJn n .•..F., r...� Jiylnnvalll..c.. .1.V a.arp.v i g iiltcyl Ity arc Define the essential physical features that must be present for the property to represent its- Significance - ✓GtGlrnine whether the essential physical t2ati.ire$are visible e{IOUgII to 1io11Vey 111G11 significance, y Determine whether the property needs to be compared with similar propel ies. Determine, based on the significance and essential physical features, which aspects of integrity are particularly vital to the property being nominated and if they are present. Ultimately, the question of integrity is answered by whether or not the property retains the identity for which it is significant. integrity: Now more than 60 years old, the Center represents an established and familiar visual feature in downtown fall 1 Springs. However, its long history of minor changes and deferred maintenance has taken a toll on the buildings, both physically and commercially. The scattered superficial deterioration noted during the field Garvey,, detracts from the property's historic integrity in the aspect of workmal�ship i oday the focal poil1t of the Center has shifted from, the interior courtyard to the storefronts facing outward especially those on Palm /-a..n yc,r. 1 1-n- a "Ut+Ns Mr,-.r.rl . hl.-. i h.-.+ change hi.traced h.-..-.L 4.-. the ��,+...n +4r. h...l.-1..-,n ; Vall jMl. L+IIYG— 4/ul 1111J 11 Gl.0 la reversible. 1 IIGt change may be ll fatted back. to the addition of rie 1Ju11U1119 at 168 North Palm Canyon Drive that minimally reduced the size of the courtyard The design, materials rl 1 h.r h..�l,-l�r... + r.-..-.-,. 4.hI� . +h 4M.. .. I,rr k.r r.l.-1..•..r e� iAj- . tGhliwic .�..�., ye11e1C11 QpNGv�G...n,.G :t*II IIJ 1�UIItA IIIy arc ^lol LrV11{irp ll ulG YYltll t11G G r.IC.. yyllL,l 111t�J, plVYlM ll,g lto Fh• + .++ham r,l� Illlilvi L•LJ:r1N�v:„.�G ,t� tIIG Ii ltGyilty iJ. a•.�- 44�iJIG� "The City of Palm Springs' bi..lilding safety records documented hundreds of permits issued on the T.--wn and (�`u +ry r' for ,f„ L1,--..d,-,n 411- - ♦.M +,-.r!h.-. 4...nl.n.. r.!+4... 1 M� I.J >h,-, 1,-.v 4h- v,..•.J�1,l y Vel lll.l �1 Vf.% .,� ✓esiu GJ V IG F., �.•4J l,,ll V Ic 4vii3u wvt•L.•. v ,. G ongii sal IJuilUii.gG in a• e r rl�1plex, a Ic Palm Springs Corporation also secured a permit to construct a new concrete office building in the southwest 4"e courty.-id v:,. 11.. +Le,-,.1:.t !. , 11,u-..,- office, 4 I.ti 4:.� .-,r .-1 i.J , y l::p l.y IillGl luGtn .,rl a VHJ111GJJ VIIII..G, 1l !at av•+cu as a YYome.."b �.�v..:•ti.l jilaN Tha other permits rarnrded in city fries chronicle the physical modifications to the huuildings in The Center ii complex, most all of them to accommodate changes in tenancy and usage in the shops, such as storefront --I:,,i, --•,ram.•-„�.,ti - -.lA..•l,.. r!•r-..lay -lov•. combining d4ivi ding tai! t, „tile y•.••y, -vi..a.y...y .,. .G.1 {I..y u1JNlay driiluvvv�, Oi vv{iluillltry or ulvlullly ic.all "The interior of the restaurant building was remodeled in 1979(City of Palm Springs 1979), including gutting .,+ the .J • +h r. F..It--.F...r. F .J--....... Fl.. , /f",#_ F C7.-#1 L�r.r:r•..r 4n77 4n'74e T:,,. restaurant to accommodate UIG Ifh7La11a GV11 Vl Uankoe rIVVr,7 k%llty VI 1 aull yh/1 i11yJ rVr I-1V1 Vl. Ir{G balcony at the restaurant's courtyard entrance was enclosed during another round of renovations in the early A none. (1-1- of o.-1— cr.r....-.r 9nQn_I f-1 W2l r.,,IVVJ �,t Ly v{ I a{r&I UNl It{yo t�vv t.lvvJ "The two buildings at 156-174 North Palm Canyon appear to retain most of their original characteristics. +hti +Gd I•,.r,......... Ir. +h level F Fh.-..r +r.-...F F.-.r.....-. F--......-I..r V.Y G+G•, LIIG L.V11 Ul,G LGU aru11 MUM, Pa--.GIG VV•YGIIr1L9 the upper level VI their street-facing IagaUGJ were installed after 1983, covering the original stucco panels (Henderson and Hough 1983:1: Maley et al, 2003,1 C.gs - 4�1. Th,-, .-+. r.+ 1.-.r 4,-•rr.r..++ +h.-. rJ...-.rN +.-.•-.+ + N i t IyJ r" I,,- The ilitpol tat rt selii-circular element in the cour tyal u r errnain s :n rtaCt, it unusev t.tc impressive entry stair to the Town and Country restaurant has also been modified through the addition of a canopy over the Jicq;rs QIVN +IhrG ellnVJUrG VF +hG ha1lcny F1Vrr more II+Gua1r,1Vuor Spaces 1 lIa.-•I•-.+U,•I-.ry lralGw-llc•l,< throughout the complex have not been maintained- some are missing, others are overgrown But, all of these dhangao arc aaoiiy in Dui:mil y, illy �i r.::icr v:�:��:+ic•i rcic(i�:.� ti•ti..�t .{ :~c � .r7:. vivti{�;ti,3 :�+ :�.3 international Style architecture, even tho:igh some of the storefronts have been altered to accommodate ,-hen-.- -F+-,-.anc .+F+Gn .-, r• •,1 prop-el-ties f V+h r.. ++..-.r. VIIGIIy{i VI Li411G11Vy, GJ IJ VILGII a Vvl.•r 11�,.r. �r ar•�•.eG a�-f.mvrl•� rv4v1•-•,•r:G••LG•,. vv 1•r~rrl v:a• +1rV�Y -- 4•y•IG• L••a•1 the replacement building in the courtyard, the minor (and restorable) changes to the angular faYade of the - the M Obvio s rlar•r••+_ +h r.�� .I+-r^4-- +-� +h- a.a 1 a••L are Lt lc Most tvst vuvlvuJ vGJNILG LI IGGG a1LG1 a.•.••a — 411G c•14ti 1 ... c�{..� :a'.` •ra.. .. .c.a111a cr v:y•1 of it nriwinni rher etmristi4c in fermc of tnvafinn riecinn catfinn mntnrinle foatinn �nri Mcsn in inn tn� relnto 7 "J , av L••G �•a•`y ��'v -V Y Y Y{1 r,/GI IVU Bibliography ---------------- ---------- LiG+L any pr Gv14YJ sun ve 5 that cite the sub`ect i V Gr tV ++`^r.�.,r..m r...+�+.e.r. +k-+ I-- r y y N N Mr Pl-y VV 1G1 LA 4+4.•UIIIGIIlQUV1r UIaL 111aY Vc Vil Irlc California State Office of Historic Preservation: Historic Property data file for Riverside County, 1080 HSPB inventory of Historic Structures, September 20, 2001 ArchitVc ulal Resources Group, Crtyrltiide Historic Resources Sunvey, 2004. CRM Tech, Cultural Resources Survey Report: the Museum Market Plaza Project, May 9, 2008 (Cite the books, articles, and other sources used in preparinq this form on one or more continuation sheets.) This rcnnrt Irrnrnnr�tac by reerer Cifisfll f4nrathe Rihlinyranh� of the �rehitentwiral Ree^LirCac vrnw ,r ?I r M Historic Resources Survey of 2004, and the Museum Market Plaza EIR Cultural Resources Report of 2008. Addttlnnar Rlhllnnranhv• Baker, Geoffrey and Bruno Funaro. Shopping Centers, Design and Operation. Reinhold. Progressive Aronitecture Library, Ne,,!i Vnrk 1Y57 1u. Geographical Data Acreage of Property. 4.5 acres Verbal Bounda-,, DeSCrihntinn (Describe the boundaries of the rnrrnner hi nn a n�entinvafinn chant\ USGS Quad. Palm Springs. 7.5 quadrangle (Section 15, T4S, R45, San Bernardino Base Meridian. "Museum Market Plaza EiR, Cultutal Resources Survey Report p 17 18 Assessor's parcel number. 513 092 09, 10 &26. Addresses. 146, 156-66, and 170-174 North Palm Canyon. Drive, 167-81 North Indian Canyon Drive. City of Palm Springs, Riverside County, Calrfomra, Zip code: 92262 Boundary Justification: The boundaries were selected that contain the subject buildings and the landscaped courtyard. 19 11. Form Prepared By Name/title: Patrick McGrew Organization; Palm Springs Preservation Foundation Date: April 2009—Revised April 2011 Address: 674 South Grenfall Road City: Palm Springs State; California Zip code: 92264 Telephone; 760/416-7819 E-mail. vmaa d( sbcalobal net Consultant's Qualifications: Professional Qualifications Standards: The Code of Federal Regulations, 36 CFR Part 61 defines the minimum education and experience required to perform historic preservation identification, evaluation, registration, and treatment activities The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years full-time experience in architecture;or a State license to practice architecture Patrick McGrew received his Bachelor of Architecture from the University of Oklahoma in 1965 He has been actively engaged in the architectural profession, specializing in historic preservation, since then. McGrew has been a licensed architect in the State of California since 1970 He possesses an in-depth knowledge of all procedures and standards utilized in the identification, evaluation, registration, and treatment of historic properties as evidenced by a his lengthy career known for the depth and breadth of accumulated architectural/historical knowledge. He places a high value on the objectivity and completeness of his written works He has several years experience in research,writing,practicing and lecturing on architecture with an academic and historical agencies and institutions. He has made a substantial contribution through research and publication of a body of scholarly knowledge in the field of California architectural history His experience has included the preparation of numerous historic research reports, National Register nominations, and San Francisco and Palm Springs historic site nominations, as well as the preparation of plans and specifications for architectural preservation projects. He regulates his firm through the use of ethics standards developed by the Society of Architectural Historians Patrick McGrew s knowledge and reputation in the field of historic preservation provided the basis his public service as the long-time President of San Francisco's Landmarks Preservation Advisory Board,which extended over an eighteen year span beginning in 1978 when he was first appointed by then-Mayor George Moscone;he served the next ten years under Mayor Dianne Feinstein Although he served less than a year under Mayor Art Agnos,it was Agnos who declared November 17, 1991 "Landmarks of San Francisco Day"to honor the publication of McGrew's first book, Landmarks of San Francisco(Harry Abrams, New York, 1991), Reappointed in 1992 by Mayor Frank Jordan, McGrew served four more years on San Francisco's Landmarks Board. McGrew s second book, Landmarks of Los Angeles was published by Abrams in 1994, His acknowledgment by government and/or regulatory agencies, combined with Mr McGrew's impressive list of publications on California's historic architecture,is a testament to his proficiency as a leading expert in California architectural history,for which he has received many awards for his work during a disbnguished career In 1995, his book The Historic Houses of Presides Terrace, received an award of honor from the Calrfomia Heritage Council. Upon the occasion of Mr McGrew's induction into the City Club of San Francisco's "Wall of Fame,' Mayor Willie Brown declared November 30, 2003 as 'Patrick McGrew Day in San Francisco. A Commendation from the United States Senate was presented in recognition of McGreuws 'distinguished career and outstanding contributions to the City of San Francisco' Patrick McGrew moved to Palm Springs, California in 2005 and is currently working on a book about Palm Springs'historic architecture Memberships and Professional Affiliations Architecture and Design Council of the Palm Springs Art Museum(Vice-chair) Palm Springs Preservation Foundation(Board Member) Society of Architectural Historians/Southern California Chapter National Trust Palm Springs Modem Committee Palm Springs Historical Society 20 12-Additional Documentation LA i 4 ' qIvas ♦= li,,$•, s "o~ F /ir` ,yam Cr+ ''.y-¢�t;!y_e. •K.r p'i•_';:±,, b _ ,... l 4 ` - rt ° ( Zti:tom = TT � ina • s --I"- wy 916'eur'.• i- C A L 1!r rl} RK . ! rJ• i _ ,S f / S_ti r r�,.,a t yq"•E' -w�iw',j � -- ' L�3��c�w4ry RES�ERV AT16 _ I -:ems i o = ' _ �.'��•' �n.-sr�'�d-.�¢��� _all it's 3c _Th i•• '�- y.Y. '_ �I. •M y...-r- i -•- G+z*rA _ A `(CALILNTE _ �t�'L I ��)r __,__—_— r tr rtyWyA.4r �r ` _-_Y�` _y kr� �r _.•-c v_ ry�� ,-,,,;� �rc_-gq�S}n! y�"^'p�'•y��'•y p.�lo�t 7ra+A '°''i'-r _mac�w.:_•.qro ^i/-°•-�r 1tp r -s .�'.y� "t•" .� vLk LL I.Li,4W ■ee■ h*�:- ;Y^?r_- `'_•'_.:w>r'Y.'_", f t mile .- 1 r4-7�4 iuJr] 0 Sr 1 2000 3GO0 4WO feet l t' �p a. r "� _;�" w-rr � t:•i: -16 G p •--r -•. T i I-I A p-• �/+`-a pg .._ -itl �V`.A'.t•+y�Y�ItiA..=-Y n - 1 r"cct.cca:or. ,F, ,L,-on t'a1-o�,Lit nf�5,t alit . - 24.0011(Auddrinele(L",GS 199M) 'f 1 The following form must be completed in the presence of a Notary Public Select the form best iiiinhu the type of authorization required OWNER AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss I (We) being duly sworn, depose and say that I (we)am (are)the owners herein named and that the forgoing statements and answers herein contained and the information herein submitted are in all respect true and correct to the best of my (our) knowledge and belief. Name(Please print) Mailing Address- City State Zip Telephone Signature: Signature: '14ho ,roved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are suusc„uGu tc the within instrument and acknowledged to me that he/she/they executed the same in hi /her/t'r authorized capaclty(,iesi. and that by his/her/their signature(s) on the instrument the person(s). F .. h�F.-,IF..{...h�..h +ne. p acted. � ted +he � stri�m nt �r arc cr iuty uNvr r r.,cr ran �r vvr ni,r r u rc }�cr7virl�J a�.tcu, cnc%utcu v is rr iJtr ur i ici rt i certify under FENAL TY OF PERJURY under the laws of the State of California that the forgoing paragraph is true anu correct 1lrll rhlCll r a-A -1 r{F�-�-' ---' `h , n t )r vvr r r4L-.� riry rrairu niru r,nrr�rar ocar urro uai yr cv u Noaa_y Public in the State s of ,mlkn principal offiic in the vount'q of Attachment 2 VALLEYVO C = THE DESERT SUN TUESDAY,APRIL 5,2011 as Vegas can give Pal i it Springs a lesson = in historic preservation - As most know,the controversial issue of preserving our historic resoulves vs.development has been swirling about our city for many years.At the heart of much of this - - 4 controversy has been the fate of the K Town&Country Center(1948) deigned by aditects Paul R Williams and A.Quincy Tones. erik rosenow AAKHM SNMK THE DESERT SUN Williams is historically important as The courtyard of the Town&Country Center,former home of Zeldaz nightclub the American Institute of Architects' in downtown Palm Springs,is shown in this May 2009 photograph. (LA)Post African-American has once again proposed the architect(1923)and first demolition of this building to African-American AIA Fellow(1957). construct what preservationists argt Last month,Patin Springs proudly would be the"road to nowhere"in announced that our bureau of his plans for the nearby Desert tourism won several advertising Fashion Plana. awards,including a special award for Palm Springs does not destroy its"Like No Place Flse"rampaign.I buildings?The facts reveal this have seen these ads in various award-winning advertising campa4 magazines and was impressed with is not merely ironic,but a bit the cleverness of comparing Palm hypocritical.While the city and Springs with Las Vegas.If you missed developer are conspiring to demob the ads,the headline was,"We don't the Paul R.Williams-designed blow up our 50-year--old building,historic preservation in Ls architecture."The ad goes on to say' Vegas has taken an intereatirrg twist "there are places-hat blow up the old just a few years ago Las Vegas just to replace it with something new supported a preservation campaign That's not the way we do things to save an important part of the la here" ...and goes on to"highlight Concha Motel,designed by,none our mid-century atrhitectural other than Paul R.Williams! treasure troves." Siirressf it preservation efforts in La I believe this is a brilliant Vegas allowed this building to be adver using campaign as it plays into repurposed as the city's new neon that national penxption of Palm museum.This seems to me as Springs.On a personal level,I moved visionary for a city known for to Palm Spr in&-several years ago "blowing up"buildings left and rig believing that this vision truly existed I recogn a that our leaders need and that all was well with regards to make tov&decisions and our architectimal measures. complicated calculations and must Unfortunately,I have discovered that freqnently compromise when deali, the vision is far from reality. with large-scale development.I alsc While the sunxVtes of the owner expect our city's leadership to do of the Town&Country Center take their best to try and live up to the great glee in denigrating the high national expectations that our buildings architectural merit,the recent award-winning tourist Town&Country has been evabiated campaign so ably and cleverly tapp by numerous qualified professionals, into, all of whom assert that it is eligible for listing on the National Register of RudErik- ation bowd'is a fawn a arW lone stoat Historic Places.Despite this solid Rawn vii3ia kale+Nqwmdaxi aga"A arctutectural provenaic--this owner E.nWlim at e&aha=V0w--mm r CHATTEN-BROWN& CARSTENS 2601 OCEAN PARK BOt1I.FVARD SUITE 205 F-nikn TFI PPl Ic iNF 131 U 1313-gu4L, %C%f 4{RCF+RTHI 4'�01`1 FACSIN111 r 131n,31d-sui11 SANTA NIONIC-A.CALIFORNIA 90405 -,ixtikk 6ccarthlay.-cum June 8. 2011 VicrErztuil crtzcl L.:S. Mail I Honorable Citv Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 ca - CIO Re: Proposed Development Agreement for Redevelopment of Desert Fashion Plaza, Case No. 5.1263 Honorable Council Members: On behalf of the Palm Springs Modern Committee, we urge you to deny approval of the proposed development agreement for the redevelopment of the Desert Fashion Plaza and Town and Country-Center(the "Agreement") and negotiate a better deal for Palm Springs. The Agreement would allow development that is inconsistent Nvith the Museum Market Specific Plan (N MPSP), fails to provide adequate information to allow the City-to adequately weigh its pros and cons, fails to comply with the requirements of the California Environmental Quality Act (CEQA) and fails to provide adequate benefits to the City. The C ity's denial of the proposed Agreement would not forestall the ability to redevelop the Desert Fashion Plaza: the developer for this site has previously appro\ed entitlements to develop this site pursuant to the MNfPSP or the Rehabilitation Plan, both of which were plans proposed by-the developer for this site. The developer has failed to move forward «ith either of these plans. or any other redevelopment plan. in the past ten years that he has owned this site. This long history of allowing the Desert Fashion Plaza to languish should not be used as an excuse to provide the developer with special benefits, including undisclosed amounts of public funding, or to dispose of benefits promised to the public in the MMPSP and the visioning session for the Revitalization Plan. I. Development Agreement is Not Consistent with the Museum Market Plaza Specific Plan. A development agreement must meet certain legal requirements before it can be adopted. The Go-,ernment Code states -[a] development agreement shall not be approN ed unless the legislative body finds that the provisions of the agreement are consistent with Palm Springs City Council .tune 8. 2011 Page 2 of 1 I the general plan and any applicable specific plan." (Government Code § 65867.5(b).) The specific plan that is applicable to the proposed Agreement is the MMPSP. The proposed Agreement contemplates three different development scenarios: 1) the Revitalization Plan: 2) the Renovation Plan: or 3) Development pursuant to the MMPSP. (Development Agreement p. 3. § 1.1.8.) For the Agreement to be found consistent with the MMPSP, all three of the potential development scenarios must be consistent«ith the MMPSP. The City cannot make the required finding that the proposed Agreement is consistent with the MMPSP because the Revitalization Plan significantly deviates from several important components of the MMPSP. a. The Agreement Fails to Provide Adequate Open Space. The MMPSP is clear and unambiguous in its requirement for Block B of the plan (the area referred to as Block A-2 in the Revitalization Plan) to include the creation of a large public plaza, referred to as the Main Plaza: Land uses within the Specific Plan also recognize the fundamental importance of open space for public gatherings. The focal point of Museum Market Plaza v ill be the public plaza proposed at the center of the site, on the west side of North Palm Canyon Drive. The plaza is envisioned as an area for gatherings, entertainment, and community activities. Limited de,,elopment in the plaza ,vill consist of two single story restaurant buildings. which will draw people into the project. The balance of the plaza will be deN oted to landscaping. outdoor sitting areas, all shaded from the desert heat. (MMPSP p. II-2, emphasis added.) To ensure the fundamental Main Plaza provides the required open space, the MMPSP places a height limit of one stork on development in Block B and requires at least 90 percent of this block to remain public open space. (MMPSP p. III-10.) In sharp contrast, the Revitalization Plan has proposed this section of the plan area for development with fitness/spa, retail. office. and/or restaurant uses. The Revitalization Plan fails to restrict development in this section of the plan as required by the TvfMPSP and utterly fails to provide the fundamental Main Plaza as part of the plan. In addition to the key feature of the Main Plaza, the MMPSP also requires public gathering spaces on a smaller scale in front of the Art Museum and in Block K to form an "integral part of the significant view corridor that will exist between the Art Museum to the west and the Block K buildings to the east." (MMPSP III-28.) Again, the Palm Springs CitN_-Council June 8, 2011 Page 3 of 1 1 Revitalization Plan fails to provide these fundamental features of the MMPSP. The only public open space proposed as part of the Revitalization Plan presented to the Planning Commission is a small corner of Block C. with approximately 2,300 square feet set aside for a public plaza. This is in no way,consistent with the specific and fundamental requirements of the MMPSP to provide large amounts oi'public open space as part of the redevelopment of downtown. 'Without the Main Plaza and other required open space as part of the Revitalization Plan, the proposed Agreement is not consistent with the MMPSP and cannot be approved. b. The Agreement is Inconsistent with MMPSP Parking Requirements. The MMPSP sets forth specific parking requirements for uses allowed in the plan area. Hotel uses are required to provide one parking space per hotel room and parking for hotel guests must be proN,ide ,vithin the block in Nvhich the hotel would be constructed. (MMPSP p. 31-32.) "Parking requirements within each Block may be reduced for shared use, if a parking, stud)-is prepared and approved by the Planning Commission." (MMPSP p. III-15.) The proposed Agreement would allow the developer to provide fewer than the required spaces for the hotels proposed in Blocks K1 and K2. with 115 spaces for the 160 room hotel proposed for Block KI and 130 spaces for the 180 room hotel proposed for Block K2. (Agreement, Exhibit D.) Not only is this amount of parking inconsistent with MMPSP requirements, nearly half of this inadequate amount of parking would be provide outside of Blocks K 1 and K2. The provision of parking outside of these Blocks is not allowed because a Planning Commission parking study,has not been approved. c. Inadequate Provision of Residential Development. The 1\1MPSP also requires the redevelopment of downtown to include "A balance of commercial and residential development which assures the success of the area by increasing the number of homes in the do«-nto\\n, thereby-increasing,the customer base of the commercial uses." (MMPSP p. I-3, Project Description.) As found by the Planning Commission, the commitment to providing housing in the Revitalization Plan is inadequate as compared to the MMPSP"s fundamental goal of developing a balance of residential and commercial uses in downtown. In this regard. the Agreement is also inconsistent ,N ith the 1VfMPSP. Palm Springs City Council June 8. 2011 Page 4 of 11 d. City's General Plan Supports Preservation of Town and Country Center. The ReN italization Plan's proposal to demolish the Town and Country-Center, located in Blocks K1 and K2, would be inconsistent with many of the City's General Plan policies favoring preservation of historic resources. Numerous Palm Springs General Plan policies dictate in favor of presen ing this important historic resource: • Recognize the importance of adaptive reuse for architecturally-and historically significant resources. (General Plan Priorities p. 1-13) • Maintain the City"s unique "modern urban village atmosphere and preserve the rich historical, architectural, recreational. and environmental quality while pursuing community and business development goals. (Land Use Goal LU-2.) • Strengthen the unique sense of place currently present in Downtown by preserving and incorporating cultural and historic uses. (Land Use Policy LU10.6.) • Support the preservation and protection of historically. architecturally" or archaeologically significant sites,places, districts, structures, landforms, objects, native burial sites and other features. (Recreation, Open Space and Conservation Policy RC 10.1.) • Actively encourage and promote the understanding. appreciation" and preser\-ation of the archaeological, historic, and cultural resources. (Recreation" Open Space and Conservation Policy RC 10.5.) • Promote historic preservation-based tourism by raising awareness of the City"s historic resources. (Recreation. Open Space and Conservation Policy RC 10.7.) • The preservation of historic buildings will help retain the City's character and charm. \�hich are crucial to the City's international reputation and economic success. (Community Design Element p. 9-58.) • Encourage developers of sites containing a significant architectural, historical or cultural structure to adaptively reuse and expand it. in lieu of demolition and replacement, xNhere financially- feasible. (Community Design Policy-CD28.7.) • Encourage adaptive reuse of historic buildings and architectural excellence in the design of new projects. (Dow•ntoNNm Urban Design Plan Key Design Concept for Palm Springs City Council June 8. 2011 Page 5 of 1 1 Do-,vntown Palm Springs.) By demolishing the Toxin and Country Center the Revitalization Plan would be inconsistent with the General Plans priorities, goals, and policies regarding historic resources. II. The Agreement Includes Inadequate Information to Support a Finding Approval Would Conform with the General Welfare of the City. The City Council cannot support the findings required by the Palm Springs Municipal Code that the approval of the proposed Agreement is in conformity with public convenience, general welfare and good land use practice without additional information. (Palm Springs Municipal Code § 94.08.00(A)(12)(b).) The City is proposing to approve the proposed Agreement before adequate information about two integral parts of the Agreement has been disclosed: a funding agreement, which the City has claimed dill include terms for the financial support the City will provide the developer and phasing requirements for the development allowed by the Agreement. and the ultimate design allowed by the Revitalization Plan. The proposed Agreement commits the City to spend yet to be disclosed amounts of public funds to purchase parking and roads required for the redevelopment project, as well as two parcels of land adjacent to the Palm Springs Art Museum. At the May 25, 2011 Planning Commission hearing on the proposed Agreement, the City staff stated the proposed Agreement would be approved now and later the City Council Nvould consider a funding agreement setting forth the terms of the purchases required by the proposed Agreement. Without the additional information that is proposed for inclusion in a yet to be circulated funding agreement. the City cannot determine whether the purchases it is required to make under the proposed Agreement are in conformity-«ith the general «eliare. As discussed in detail in section IV below, we believe the Agreement is not in conformity .Nith the general .Nelfare because it provides substantial benefits to a private developer, with limited public benefits. Additionally, at the May 25. 2011 Planning Commission hearing. it was disclosed that the Revitalization Plan being presented to the Planning Commission was not the finalized Revitalization Plan. This plan could change prior to the beginning of do«ntovM redevelopment. The City Council cannot find the proposed Agreement is in conformity with public convenience, general rvelfare and good land use practice without the finalized Revitalization Plan. Appro\al of the proposed Agreement without a finalized Revitalization Plan. which must include detailed information regarding the density or intensity of proposed uses and provisions for reservation or dedication of land for public Palm Springs City Council June 8, 2011 Page 6 of 11 purposes" would violate the requirements of Government Code section 65865.2 and Palm Springs Municipal Code section 94.08.00(A)(7) to include such information. Further, when seeking to approve a development agreement. the Palm Springs Municipal Code requires the City Council to refer matters not previously considered by the Planning Commission during its hearing and any proposed modifications to the development agreement back to the Planning Commission. (PSMC §94.08.00(A)(13)(a).) As the finalized Revitalization Plan and the funding agreement were not considered by the Planning Commission, once these plans become available. the proposed Agreement should be referred back to the Planning Commission. Additionally. as reported in the June 8, 2011 Desert Sun article "Palm Springs: Desert Fashion Plaza to be fast-tracked". the City Council is planning to make changes to the phasing included in the Agreement that were not considered by the Planning Commission. (Attachment 1, Tune 8, 2011 Desert Sun article.) Once these changes are made, the Agreement should be referred back to the Planning Commission for further consideration. III. Approval of the Development Agreement Would Violate the California Environmental Quality Act. In November 2009 the City certified and adopted an environmental impact report (EIR) and associated findings and mitigation measures for the MMPSP. The Planning Department staff has concluded these documents adequately provide an assessment of the potential impacts associated with development pursuant to the proposed Agreement" and thus have proposed no additional enN ironmental review is necessary. (May 25. 2011 Planning Commission Staff Report p. 7.) This conclusion is faulty for several reasons: the proposed Agreement would allow additional potential significant impacts, the proposed Agreement fails to include required mitigation measures, and the proposed Agreement fails to provide the overriding benefits of the Ml\1PSP. a. Supplemental Environmental Revie« is Required. CEQA requires the preparation of supplemental environmental review when there are substantial changes to a project that could result in significant impacts. (Public Resources Code § 21166.) The Revitalization Plan that would be approved as part of the proposed Agreement includes several substantial changes to the project analyzed in the EIR for the MMPSP. Since these substantial changes could result in significant impacts that were not analyzed in the MMPSP EIR, supplemental environmental review is required. The MMPSP EIR analyzed the traffic impacts associated with the Palm Springs City Council June 8, 2011 Page 7 of I 1 redeti-elopment of downtown based on specific roadway requirements: The M1VLP Specific Plan project would maintain a minimum of three travel lanes on North Palm Can)on Drive...Indian Canyon Drive would retain four northbound travel lanes, w ith parallel parking on both sides of the street. (MMPSP EIR p. III-87.) The Revitalization Plan, as described before the Planning Commission, would deviate from the roadway design required by the MMPSP by providing only two lanes of travel on both North Palm Canyon Drive and Indian Canyon Drive. This constriction of the public roadw,a}•s could result in significant traffic impacts that were not analyzed in the EIR prepared for the MMPSP. These are substantial changes requiring the preparation of supplemental environmental reN iew' to analyze the potential traffic impacts. (Public Resources Code § 21166.) Additionally, as discussed above, the proposed Agreement would allow reductions in the parking required by the MMPSP. The MMPSP analyzed the traffic impacts associated with parking based on the provision oi'parking at the levels required by the MMPSP. The proposed Agreement's changes to parking requirements are substantial changes to the project that could result in significant traffic hazards and congestion when downtown visitors are required to drive around looking for the limited parking spaces. This change must also be analyzed in a supplemental environmental review document. (Public Resources Code § 21166.) Supplemental environmental review should further be required for the aesthetic impacts of the proposed Agreement. The IVfMPSP EIR acknowledged the XlNIPSP could have significant impacts on the visual character of downtown due to an increased intensit} of deN elopment. (MMPSP EIR p. III-31.) The inclusion of significant amounts of public open space in the MMPSP, including the Main Plaza. helped to reduce impacts to visual character. The Revitalization Plan does not include the Main Plaza, or other public open space required by the MMPSP, and thus the severity of adverse impacts to the N isual character of downtown may increase under the proposed Agreement. b. Mitigation Measures Must be Enforced. '"'hen adopting Resolution No. 22625 certifying the environmental impact report for the Museum Market Plaza Specific Plan. the City included several mitigation measures to reduce the significant impacts associated with the demolition of the Paul R. Patin Springs Cit) Council June 8. 2011 Page 8 of l I Williams and A. Quincy Jones designed historic Town and Country Center. To ensure this rare and excellent example of the late Moderne style of architecture would not be demolished without certainty that the City would receive the benefits associated N,,-ith the redevelopment of the Desert Fashion Plaza, a mitigation measure was included to prohibit the demolition of the Town and Country Center until building permits have been issued in furtherance of the redevelopment of the Desert Fashion Plaza and substantial work in conformance with those building permits has commenced. (Resolution No. 22625. Exhibit A. p. A-30.) CEQA requires that the City to fully enforce mitigation measures such as this. (CEQA Guidelines § 15126.4(a)(2), see also Lincoln Place Tentints Assn v. C iti,of'Los Angeles (2005) 130 Cal.AppAth 1491. 1508 ["Mitigating conditions are not mere expressions of hope."]) As currently drafted. the proposed Agreement fails to enforce an adopted mitigation measure as required by CEQA by failing to require commencement of substantial redevelopment work at the Desert Fashion Plaza to occur prior to demolition of the Town and Country Center. Instead, the Agreement would alloy development and redevelopment of this area to be accomplished in whatever order is determined by the owner of these sites to be practical and feasible. (Agreement p. 3, Term 1.1.8.) At the Mav 25. 2011 Planning Commission hearing. the City Attorney stated that it,,vas the intention of the City to enforce the development phasing required by this mitigation measure as part of the Development Agreement and would be willing to include language in the agreement to clarify that intent. To this end. we propose the following language for inclusion in section 1.1.8 of the development agreement: The Development Plan prohibits the O'V<<'NER from demolishing or substantiall-altering of anN portion of the `Down and Country Center prior to the issuance of building permits in furtherance of the Desert Fashion Plaza renovation or redevelopment and the commencement of substantial xvork consistent with those building permits. c. Failure to Provide Key Features of MMPSP Invalidates the Statement of Overriding Considerations. The MIVIPSP EIR found the MMPSP project would include several significant adverse impacts that could not be mitigated to a less than significant level. These significant impacts found to be unavoidable include the significant adverse cultural resource and aesthetic impacts associated with the demolition of the historically significant Toivn and Country Center. When a project would have significant and unavoidable impacts, CEQA requires the agency approving the project to make specific Palm Springs City Council June 8. 2011 Page 9 of I 1 findings. (Public Resources Code § 21081.) One of the required findings is that the project would have specific benefits that override the significant impacts of the project. (Public Resources Code § 21081(b).) In approving the MMPSP despite its significant adverse cultural resource and aesthetic impacts, the City found specific overriding benefits of the project made these impacts acceptable. (Resolution No. 22625, Exhibit B, p. A-1.) Included in the overriding benefits of the M1\1PSP are the project's provision of the Main Plaza and public open space. as wells as the inclusion of a balance of commercial and residential development. As discussed above, the Re%,italization Plan that would be approved by the proposed Agreement fails to provide the Main Plaza and other open space included in the MMPSP and also fails to provide for a balance of commercial and residential development. Because the proposed Agreement no longer provides benefits used to override the significant impacts associated with demolition of the Town and Country Center. the City cannot rely on the statement of overriding considerations for the MMPSP to override these impacts. The City would need to prepare nexv findings. supported by substantial evidence. in order to approve the proposed Agreement. I`'. Terms of Agreement Are Not Beneficial to the Public. The proposed Agreement fails to provide adequate benefits to the City, committing the City to purchase privately owned property and to provide special benefits to a private developer. The Agreement would commit the Cite to spend unspecified and unlimited amounts of public funds to purchase parking and roads required for the redevelopment project. as «ell as two parcels of land adjacent to the Palm Springs Art Museum. While most developers are required to dedicate streets to the City at no cost, here the City would be required to purchase neNN streets from the developer, and may even be required to pay for construction of those streets for the developer's benefit. Additionally. not only would the Agreement commit the City to purchase parking areas required for a private developer's project, the City_ would also be required to maintain these parking areas as free public parking. The proposed Agreement would also provide special benefits to the developer that would be detrimental to the public fisc. The City would extend the City's hotel incentive program by eight years exclusively for the hotels proposed for Blocks KI and K2. requiring the City to provide a reimbursement of 75% of the transient occupancy tax. (Agreement, Exhibit E.) The proposed Agreement would also significantly relax the parking requirements contained in the MMPSP and would not require the de\-eloper to pay in lieu parking fees if he provides less parking than required by the MMPSP. (Agreement, Exhibit D.) The Palm Springs Modern Committee believes the funding Palm Springs CitN, Council June 8. 2011 Page 10 of 11 commitments and the special benefits provided to the developer would be a waste of public funds. State law-prohibits the wasteful expenditure of tax-payers' funds. (Code of Civil Procedure S 526A.) Despite the significant commitments required of the City, the proposed Agreement fails to require the timely rede,%elopment of the Desert Fashion Plaza. Instead, it provides the owner of this site writh a 10 to 25 year period in which to complete the redevelopment. During this lengthy term, the City would be not be able to enact more timely solutions to redevelop this area of dow-ntow n, including the use of eminent domain, without expressly finding the developer has failed to demonstrate good faith compliance wvith the Agreement. The proposed Agreement contains no deadlines or milestone requirements for the developer. beyond the 10 to 25 year development term. making it very difficult for the City to establish whether the developer has demonstrated good faith compliance. The proposed Agreement also misleadingly claims the Revitalization Plan is the result of visioning sessions. The public clearly expressed its vision for downtown in these visioning sessions: the public's vision included the preservation of the Town and Center and a large public plaza in the center of the plan area. The Revitalization Plan roundly ignores the results of the visioning sessions by calling for the demolition of the Town and Country Center and providing only a small. approximately 2,300 square foot, corner as the sole public plaza space. V. Council Member Bias Requires Recusal. "A public officer is impliedly bound to exercise the powers conferred on him w-ith disinterested skill, zeal, and diligence and primarily for the benefit of the public." (Clark y. C'ity of Hermosa Beach (1996) 48 Cal.AppAth 1152. 1170-1171 with citation to Noble ►•. C it►,ol'Palo.4110 (1928) 89 C a1.App. 47. 51.) Mayor Pougnet's repeated showing of support for the proposed Agreement and the Revitalization Plan in local newspaper shows a bias in favor of the project that requires his recusal from making any decision on this project to ensure that the project receives a fair hearing. A project would not hati e a fair hearing when there is "an unacceptable probability of actual bias on the part of those w ho ha\e actual decisionmaking power over their claims." ( BreakZoW Billiards v. City of Torrance (2000) 81 Cal.AppAth 1205, 1236.) In .Vasha L.L.C_'. v. Citi•ol'Los.4iWeles (2004) 125 Cal.App.4"' 470. the Court of Appeal found a planning commissioner had an unacceptable probability of bias because he had written an article for a homeowners group's newsletter opposing a development project he was scheduled to vote on. In a similar way, Mayor Pougnet has vocally shown his support for the Agreement by appearing with the developer for the site at a Main Street Palm Springs Cite Council June 8, 2011 Page 1 1 of 1 1 Palm Springs meeting to garner support for the proposal and by expressing his disappointment in the Planning Commission's rejection of the proposed Agreement and his commitment to approve the proposal despite that rejection in Desert Sun newspaper articles. (Attachment 1. June 8, 2011 article "Palm Springs: Desert Fashion Plaza to be fast-tracked": Attachment 2. May 27, 2011 article "Pougnet: Desert Fashion Plaza plans are solid": Attachment 3. Mav 26, 2011 article "Panel rejects vacant Desert Fashion Plaza plan".) Mayor Pougnet's comments and actions show that he would be unable to impartially review the agreement and should thus recuse himself from voting on the approval of this agreement. Conclusion For all of these reasons, we urge you to deny approval of the proposed Agreement. Thank N-ou for your consideration in this matter. SincerelN. // + .�I 7T� Amy-Minteer Attorneti at Law Cc: Palm Springs Modern Committee Attachments: Desert Sun articles regarding development agreement Arl'rl'ACIII�IF.\Trl' 1 YrP J PalmSprings: confident the project can be fast-tracked, despite concerns about the length of the Desert Fashion agreement. Plaza to be fast- "We probably made a mistake on the development agreement by mentioning 25 tracked years ... but we're focusing on phase one and that, we expect, will be done in the next four years," Pougnet told The Desert Sun on Tuesday. "You won't hear 25 years again." The draft development agreement the commission rejected on May 25 gave Wessman a maximum of 25 years to finish Mariecar Mendoza the project if a tax measure does not get 'C ,-.M Jun a 20111 voter approval in November. Palm Springs Mayor Steve Pougnet, But Wessman and Pougnet emphasized Wessman Development and a new citizens' that will no longer be the case. committee are embarking on an aggressive new campaign for a revitalized Desert "We will have a drop-dead date, after the Fashion Plaza, promising the complex will ballot measure passes, of five years to be built in less than five years, with or have this totally done or the development without the blessing of the city planning agreement is going to go away,"Wessman commission. told a crowd of local merchants during a Main Street Palm Springs meeting Tuesday. The commission is expected to approve a resolution today that recommends the City Advertisement Council reject a proposed development agreement between the city and mall owner John Wessman ;� �• The council is expected to consider the proposed development agreement June 15 ` • a _. and can go ahead with the deal without the planning commission's approval. A While Pougnet said he and Wessman look "= forward to hearing the commission's A = discussion today. he added that the project does not hinge on its approval and he's ;�- . »ti .�J Wessman and Pougnet clarified, however, But Pougnet called the debate over the that means the completion of the new center, among the preservationists and the roads and main four blocks of the project. planning commission, a "moot point." Those blocks would include a new movie theater, five to eight restaurants and up to In 2009, the City Council unanimously 30 stores, which could include Sur La Table voted not to make the building a Class 1 and Tommy Bahama. historic site and unanimously approved a specific plan that called for the elimination Palm Springs International Film Festival of the Town and Country Center to make board chairman and executive vice way for an east-west connection to chairman of the Palm Springs Art Museum downtown. Harold Matzner said he speaks for both organizations when he says he supports of "Connectivity is critical to this whole thing," the plans. Pougnet said, adding that"the majority of residents won't miss the old Zeldaz,"which was the last major tenant at the center. By removing the existing mall, the museum will no longer be hidden behind it, he said. With the new road, officials said the plan is to narrow down Indian Canyon Drive to Also, he said the new complex will add up three lanes and make it a more to a dozen movie screens for the world- pedestrian-friendly. renowned film festival. "Indian Canyon is a freeway; it's not a "We're very encouraged by the idea street of commerce," Pougnet said. "But because it's really doable," Matzner said. this would change that, and it's vital for the future of the city." An additional five years would be given to Wessman to help finish the project, which would provide residential units, an upscale Advertisement grocery store and two boutique hotels. The two hotels would line the proposed new road that would enable motorists to turn left on Indian Canyon Drive to drive - straight through to the front of the art museum, F This part of the plan requires the d• .t` SSA •� demolition of the 63-year-old Town and Country Center, which has been a sticking point for local preservationists. _ a, !J Pougnet said that the first phase of the Revitalizing Downtown. project is expected to cost more than $100 million, but he didn't say how much "It's a big group made up of a cross section the city would be asked to pitch in. of citizens who don't want to have road blocks keeping this project from Those details, he said, will be part of the happening," said committee member Chris project funding agreement the council Lucker, who said he lives in Palm Springs plans to consider July 20. and doesn't own a business. Originally, the citywas considering raising The committee, which Lucker said has one of four taxes sales, utility, parcel or more than 100 members including ad valorem tax, but Pougnet said the city business owners and residents, hired the will likely ask for a sales tax increase in Bt»7 Factoryfor its marketing campaign November. that is circulating fliers and posters that read: "Yes! We Support Revitalizing Downtown." The tax increase will help pay for the public portion of the project, which would Mark Anderson, a former president of the include street improvements, free parking Palm Springs Chamber Commerce, is and two parcels for the future expansion of president of the B1177 Factory and is the Palm Spring Art Museum. seeking endorsement for the campaign, including support from the merchants' "That way it spreads the cost among the association Main Street Palm Springs. visitors who come to town and put stress upon the infrastructure," Pougnet said. "We're really anxiously awaiting what the sales tax is and until that time we can't And a public-private partnership like this really endorse it all the way," said Joy one is the only way the project can be done, officials said. Advertisement "We're putting about 40 percent of the land �lake 1 U I and putting it back into public hands via wns to public spaces and public streets," GUQ devices Wessman said. "If you don't have public assistance that doesn't happen. It's as simple as that." '_ To that end, to help get the support ' needed to pass the ballot measure, which ` requires a 50 percent plus one vote, a new committee has formed called Citizens for •P .�J Meredith, president of Main Street Palm Desc n:ook back at the hi,! ; Springs. "The timing here is so short and in we know that if we need to get on this, there is no time to wait. But we have to because we haven't gotten all the information." After the project is complete, Wessman and Pougnet said they believe the revitalization of the Desert Fashion Plaza will spur revitalization and redevelopment throughout downtown. "Thank you for making this happen and sticking with it because a lot of people would have said it ain't worth it with all the crazies that have their own little ideas, including some on the planning commission," longtime resident and Main Street community member Bob Elsner told Wessman during the Main Street meeting. "We commend you for moving on because this project has to proceed." :.. Advertisement x ► +r L �N A `' • t yr lY3n. '! r 'f JwF J s �t r c ,. ... m �.. n p 1f • » Ys�trrw sfffft�.a�•y c.+�s�.� r IF !IF u w mttttt rt.s. * �,,�,•�..��f t+-�---t =.i ' '( .lF a s rd r s s t r a�r;�•» e .�a x- •i•t »'W w4K R• 1►' Y A* tr �t +esy.��`��&..�: »l�� r�r r r«r r�1C �+ frtMAr trrs•�'W�+r�+a+r. �� r<iK iR R1�•lk � `' jt: l sryJ Considering the plan The Paine spiings Planning Commission is expeuteu to consider a resolution that would recommend the City Council reject a proposed development ayieer.--,4• .. -I the Desert Vas"-- , 1-7- between tie r:tyana Wessman Development tit• nci lmg begins at 1.30 p rn ii� .:i',yCouncil TahquitzCanyon INa;, Advertisement The City Council plans to consider the draft dev:_'c•:- nantagreementatthea iequ!ai meeting atr • 4 A Related Links ° , R Commission to recommend rejecting Desert Fashion Plaza agreement • Pougnet Desert Fashion Plana plans are solid Art TACH-M F,N"1, 2 Pougnet: Desert "As part of its obligations under this partnership, Wessman Development will Fashion Plaza plans complete the revitalization of Desert 1' Fashion Plaza by November 2014," are solid Pougnet said. Wessman unveiled plans for the Museum Market Plaza, which includes the mall and the Town and Country Center, on Wednesday that showed a grid with five main blocks. One of the blocks shows the elimination of Mariecar Mendoza the Town and Country Center to make way 10 1r,IN Mar 27 20111 for two proposed boutique hotels and a through-road from Indian Canyon Drive to Palm Springs Mayor Steve Pougnet wants to the Palm Springs Art Museum. quell doubts about the future of the Desert Fashion Plaza following a vote of no Wessman said that under phase one of the confidence by the Planning Commission plans, the four main blocks, which include the reconfiguration of the main Desert Pougnet announced Friday that despite a Fashion Plaza building downtown, will be 3-1 vote by the commission on Wednesday complete by fall of 2014. to reject a draft development agreement between the city and mall owner John The Town and Country Center block would Wessman of Wessman Development, plans not be touched until 75 percent of that first for revitalizing downtown have not been phase is complete, Wessman told The derailed. Advertisement He said "the development agreement is only one part of the partnership." f C 4 ♦ Y The City Council is expected to consider [ the development agreement June 15. "Mayor Steve Pougnet wants to reaffirm to :• �" "' the community that specific timelines for r the completion of the revitalization project '. is part of the public-private partnership" ' between the city and Wessman, a news release from the city stated Friday. 'sAll* 1. Y , .mod ."' A .• gA°. .• •_• aJ Desert Sun. City and development officials emphasized that figures estimated earlier this year, Still, preservationists and other critics of the which had projected taxpayer contribution development agreement and design to be between $10 million to $50 million, remain unconvinced that this is the right are no longer valid. way to approach the project. But Councilman Chris Mills, who serves on "We all want to see downtown revitalized, the council subcommittee for the project but this development agreement is wrong with Pougnet, said the ballot measure for our city," said Peter Moru77i, president would help the city cover all street of Palm Springs Modern Committee. "It improvements, including the construction of n should be scrapped for a better plan for ew streets-, all parking spaces including downtown that we can all be proud of." the purchase of the existing parking garage-, and two parcels for the future expansion of the Palm Springs Art Museum. MorL]77i and others who voiced opposition to the agreement and plan Wednesday Even if the ballot measure fails, under the cited the design does not include as much development agreement Wessman has up community open space as promised by to 25 years to complete the project. Pougnet earlier this year. The proposed project funding agreement Furthermore, Mortj77i contends the design is expected to include timelines for the final shows "willful dismissal of the visioning project design to begin before the end of session results that incorporated the this year and construction documents to be historic Town and Country." prepared during 2012. The proposed plans hinge on the approval Construction is slated to begin in May of a general tax measure the city is working to get on the ballot for Nov. 8. Advertisement The details of how much the city will be 11 asking taxpayers is expected to be outlined in a project funding agreement 'F ' that will be considered by the City Councils on July 20, city officials said. That separate agreement will also "detail x. all of Wessman Development's performance obligations including appropriate default remedies for the city," .a ♦ r. ., Pougnet said. . • . . . J 2013, city officials said. Residents should expect to see the demolition of the former Bank of America building on the corner of Tahquitz Canyon ° Way and Palm Canyon Drive to start within 30 days after what Pougnet confidently said will be the voter-approved general tax _,. measure. The construction of the new streets areA then expected to begin, followed by the construction of the four blocks at the heart a . w of the project, officials said. "The revitalization of Desert Fashion Plaza N; is the top priority of the Palm Springs City Council and we are committed to that 'J goal," Pougnet said. Related Links Mariecar Mendoza is a reporter for The Palm Springs:Desert Fashion Plaza to be fast- Desert Sun. She covers the cities of Indian tracked Wells and Palm Springs. She can be reached at(760) 778-4669 or mariecar. support Fashion Plaza deal will need broad support mendoza@thedesertsun.com Panel rejects vacant Desert Fashion Plaza plan Advertisement s'•` Wx A •M :�f N t A'r"I'ACII-VIE N"I, 3 Panel rejects vacant lopsided scorecard that I've come up with," said Caffery, who said the agreement most Desert Fashion benefits property owner John Wessman Plaza plan Vice chairman Doug Donenfeld was the lone dissenting vote. "I'm not pleased with what's before us, but I think it's the wrong direction (to reject it)," Donenfeld said. "I think we're setting ourselves back months." Yuntten by Planning commissioners Tracy Conrad, who Mariecar Mendoza owns the O'Donnell House near the ,r^a ARM Mav ?b 2u111 property, and Philip Klatchko, who represents a business owner near the mall, A plan for the Desert Fashion Plaza mall recused themselves. that was touted as beneficial to residents, businesses and its developer alike was met "Of course, I'm disappointed with the with disappointment by some in a Planning Commission's decision today, but community that has endured years of false as the citizens of Palm Springs know, I am starts and unfulfilled promises regarding committed to the citys downtown the prime downtown site. revitalization," said Mayor Steve Pougnet, who serves on the council's subcommittee The Palm Springs Planning Commission which helped draft the agreement. voted 3-1 Wednesday to reject a draft development agreement between the city "There's always a risk. But the risk to do and Wessman Development on the Museum Market Plaza, which includes the long- Advertisement vacant mall and Town and Country Center. The rejection came from chairman Jon - • a •, `' r^e Caffery and commissioners Doug Hudson " � ;A I and Leslie Munger, who said they are concerned the agreement doesn't benefit the city or reflect what they believe was the w plan residents helped to create during *..� r•ri three brainstorming meetings earlier this `' s year. "If you made a scorecard and you were chalking up who's benefiting ... it's a pretty Yp'1 .aJ nothing is just a far greater risk to the city." "There is a great deal of skepticism here," said Ron Marshall, president of the Palm The council can still approve the Springs Preservation Foundation. development agreement, which officials say ensures that if new council members are "We have a plan that has few elements the elected later this year, plans for the citizens asked for," said Barbara Marshall, Museum Market Plaza can remain the same wife of Ron Marshall and vice chair of the and continue to move forward. Palm Springs Historic Site Preservation Board. "What we, the community and city get is "Instead of pedestrian and slow traffic, we certainty,"Wessman senior vice president get streets and more streets of cars and Michael Braun said of the development more cars. And to add insult, the agreement. demolition of the Town and Country Center is back on the table." But some commissioners and residents are not so sure. The agreement, which included conceptual plans of what's to become of the Desert "There is no incentive to complete the Fashion Plaza and Town and Country project early,"said resident Sheryl Hamlin, Center properties, shows a design that who also said that the proposal seems divides the property into five blocks with "one-sided." two new through streets. "Essentially the way it's written it can go for A street Wessman deemed vital to the plan 25 years with no work having been would run from Indian Canyon Drive completed and we're on the hook for it." straight to the Palm Springs Art Museum. According to the draft development agreement, Wessman has 10 years to Advertisement complete the project if voters approve a general tax ballot measure this November. + + s a •• While the measure has yet to be developed, city officials earlier this year - talked about possibly needing anywhere from $10 million to $50 million. • Without the funds, Wessman has a w , maximum of 25 years to finish the project to give him time to secure private financing x . for the entire project. (( .q It requires the demolition of the Town and drama." Country Center. The Planning Commission is expected to The idea is to create "connectivity'vital to approve a resolution on June 8 stating why t the success of all future tenants of the hey rejected the development agreement. property, which range from retail and restaurants to hotels and even residential The City Council is slated to consider the units. Wessman said. commission's recommendation on June 15. Despite the vote of no confidence, Commissioners disagree. Wessman officials say they want to continue to work toward a project residents will be "Adding an extra street through the Town proud of. and Country Center, in my mind, is not the savior of the Desert Fashion Plaza project," "We remain totally committed working with said commissioner Hudson, who is also an the city to revitalize downtown," Braun said advisory board member of the Palm after the meeting. Springs Preservation Foundation. The City Council is also slated to consider a Caffery believes the agreement"reads project funding agreement, which is more like a contract to kill the Town and expected to outline how much how much Country Center." the city expects to ask taxpayers via the ballot measure.Both the development and "'We're going to replace it with world-class project funding agreements are expected architecture' here, if you read the to be signed by Aug. 1, city officials said. summary. Well, we have world-class architecture sitting there," Caffery said of Mariecar Mendoza is a reporter for The the center, which was designed by Paul R. Williams and A. Quincy Jones in 1948. Advertisement Preservationist Gary Johns said the city's M LI I history of preserving historically important architecture within the city should have left ;over 3XOC�devices. the Town and Country Center out of the demolition plans. __ "` "Saving architectural properties has been `�'� good for the city." Johns said. "The Town and Country Center does not have to be a pawn in this developer's `"' O LI "J Desert Sun. She covers the cities of Indian Wells and Palm Springs. She can be N reached at(760) 778-4669 or mariecar. mendoza@thedesertsun.comma 9 .K . __ ing-vacant Desert F- t Springy :•,� _ _,u _ rt qun Related Links . J Pougnet Desert Fashion Plaza plans are solid Springs and Wessman Development on the Museum Historyweighs heavily in Desert Fashion Market Plaza,which includes the ic!Ng va•._E.!:::j< Plaza deal Fashion Plaza mall (above)and Town and COnntry C.- f1C'::aL.5 _1 into five blockG with two resv thr-t,.;ti ;tr (below) i Wade Byars Me L eseit::oon �Nwnrr�rs� «aa.car.wN 1w��EYY� p gyp«-..� », ._ ••�• «a�. .. •' •-- --» � a K=• _ • Advertisement ' � • is j - i Iwo �'i ZN q�•. T, A' •5 4t,�«, .. •it• T « . r « A-\ - m3 �'j Y• v U41 Cindy Berardi From: Kenneth Hamma [khamma@me.com] Sent: Thursday, June 09, 2011 1:25 PM To: CityClerk Subject: Desert Fashion Plaza Sir, I know that many others are concerned about the egregious abandonment of commitment to 'civic space' in the city's proposed development for the Desert Fashion Plaza that will be considered at next week's City Council meeting, as well as outraged by the direct gift from the taxpayers to John Wessman in the form of a parking structure that is also part of the proposal. Worse is that it continues the misguided notion that every byway in central Palm Springs has to accommodate the passage and parking of automobiles. And worst that it turns the city's back on the museum, when there is here an obvious opportunity to bring the museum into the center of civic life in Palm Springs and create something beyond the dismal T-shirts and Mexican food the city has so effectively promoted to date. It is time to rethink from the ground up with a group of citizens who could help the city imagine a more vital future. The current proposal is just more of the same likely-to-fail commercialism. Kenneth Hamma +1 310 270 8008 khamma@me.com 368 Patel Place Palm Springs CA 92264 e.y - - �• _ M [ 1 O OD 11D yrn 1 Page 1 of 1 Cindy Berardi R E C E 17 E D From: eddesert[eddesert@aol.com] 2011 JUN 13 AM 11: 26 Sent: Friday, June 10, 2011 8:31 AM To: CityClerk Subject: Desert Fashion Plaza CITY CI,ERw. As a resident and taxpayer in Palm Springs, I strongly urge the City Council to override the so-called Planning Commission and approve the plan to start renovation of the old Fashion Plaza as soon as possible. Edgar Deaton 1582 S.Andee Dr Palm Springs, CA 92264 6/13/2011 Page 1 of 1 Cindy Berardi _ _ --- - - - — - - RECEIV C7 From: solomommnd@aol.com R F P F, L�1 �r: Sent: Monday, June 13, 2011 5:46 PM 2011 JUN 13 PM 5: 49 To: CityClerk rig r h ,J T41 Subject: Mall CITY CLERK City Council My family and I are totally against a tax to help Wessman. We have had enough promises from him. I will not shop here as I will not pay a penny towards the mail We have enough taxes. I have lived here since 1974. The utility tax was supposed to be temporary and just a few dollars. Its cost P 5 residents a small fortune as utilities have skyrocketed While we are at it how could you give the Spanish Inn $500,00. He is another one with 15 years of empty promises Abby Solomon 6/13/2011 R�C1V�.D FRANK PROPERTIES LTD. ' ' L- P A L M `' 550 North Cahuilla Road 2011 JUN 14 AM 8., 53 Palm Springs, California 92262 Phone: (760) 325-6262 r,E s .i H`'1-1 i CITY CLERK June 12, 2011 James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, Ca 92262 Dear Mr. Thompson, I am a managing partner of the retail property commonly addressed as 136-140 North Palm Canyon Drive,which is adjacent to property commonly addressed as 150 North Palm Canyon Drive owned by the developer of the proposed Desert Fashion Plaza project. None of the plans I have seen to date clearly show the 136-140 N. Palm Canyon property as not in the project. However, since other nearby and adjacent parcels on the east side of Palm Canyon Drive that are not owned by the developer are designated in plans as"not in project." I request that you also designate the Frank Properties parcel as ,'not in project"on all current and future plans or phases of plans. Among the Planning Commission's 28 reasons for rejecting the project agreement last week was that it was unclear if the Frank Property was included in the project. A simple "not in project" designation on our property will put that concern to rest and better clarify to any observer exactly what the project includes. Please feel free to call me if you have any questions. Sincere regards, 7 � ' 0 Jav� rank, 1. Cellular: (415) 290-2972 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs,CA 92262 760-778-4578/Fax 760-778-4731 State Of California ss: N 1903` County of Riverside N NEEA No C "A CAS S. '.:DE y+. Advertiser: A9NOVA E °OFF RT . ATM E CITY OF PALM SPRINGS/LEGALS NOTICE Is C PO BOX 2743 of th City ps Jane 15` PALM SPRINGS CA 922632 Irma edy s - FSbD e Tahqui2 Way.Pears of ape ofd�'heenn""Deris . 2000265142 W .� with-ths. m MarwlWt (cesallo. 1 y. rAe 1a s Saar la properties j ngfiw6b(or the intersection of.No- M,`Pslrh'Canyon Drive and Tahpu� �r aw amq are prapen)y dedve4. TieUGity Cb n II` '. Iopmflon enG: reeftiaht I am over the age of 18years old, a citizen of the United '08a &. States and not a parry to, or have interest in this matter. I hereby certify that the attached advertisement appeared r in said newspaper (set in type not smaller than non panel) ' f in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to writ: Newspaper: .The Desert Sun 6/4/2011 Irr ENVIRON NTAL DETERMINATION::A-F' I acknowledge that 1 am a principal clerk of the printer of Museum IlmoecMa sppeocrtlfc The Desert Sun, printed and published weekly in the City by the City. '1 on tl has raw the p a c ropoeed , of Palm Springs, County of Riverside, State of California. lied EIR co The Desert Sun was adjudicated a newspaper of general assocated Inge and an circulation on March 24, 1988 by the Superior Court of the greengPiction of future ron- County of Riverside, State of California Case No. ng from the project doouma omquv No 191236. REVIEW O PROJEG7 _ Draft Dever mend 1, 1 ar mpporb doou erdillg mis available for ublic raVIBM'eT.C�,fiall I declare under penalty of perjury that the foregoing is true hours of 6: and 11:00 a.m.and between 2:00 and 6:00 p. .MondayY througgh Thursday. Please and correct. Executed on this 4th day of June, 2011 in comam the iceofthe Cry Clerk(760)323-8204 if you woWd Ike to schedule an appolmmerd to m- Palm Springs,California. viewthased cumems. COMMENT N THIS APPLICATION: Res ones to this ' may be made verbally at-the.Public - -Hearing an r in writing before the hearing.Writ- ten canine may be made to the Moran r(formailorhamtddiveryM.- / James T City Clark alm E. uCA Way Dec Tant's Slgna Any challenite of the Proposed project in court ma9 be limrtad to raising only those issues raised 2 ` at the pubNc ring described in 1Ns notice,or in 6 A5 A 1 at,�o ' r, 0 4 publicc rsoa delivered the Cry LUN Y Code 65009(b)(2)). W = 1 oc - An opportun'y will be given at said hearing for all Z tL XLU \� interested d p sons this cas may t be hrheard.iQuestions regarrrdd- V C AICP,Dim r of Planning-Samloss at(780)323- _ 8246. CL T' Si necemta uda Cron Bete cans podavor lame a Is Ciudatl tl Palm Serinnggss yy uede hablar con.. Nadine Fe r telefono nb )82g-8245. JAMES THOMPSON,CITY CLERK I N "n Published:"111, 14 ,0 - 04 044eli ;-sx,10j, 4�.4& Cie 513092004 51309201)i 513092006 PALM CORNER ASSUC FRANK PROP STAHL.EARL WILLIAM 121 S PALM CAN1'()N DR 2I6 550 N C'AIIUILLA RD 31829 0AKW(-)(--)D C'IR PALM SPRINGS,C'A Q2262 PAL NI SPRINGS.CA 9j262 Y`LICAIPA,CA 92399 511092007 51309200Q 513OQ2010 PLAZA INVESTMENT INC WESSNiAN HOLDINGS WESSNIAN HOLDINGS 115 S INDIAN AVE 300 S PAi.NI CANYON DR 300 S PALM CANYON DR PALM SPRINGS.CA 022n2 PALNI SPRINGS,CA 92262 P:1LN1 SPRINGS,CA 92262 513094001 513094()02 513094))03 BRACKLY,ROBFRT I BRACKLY'.ROBERI L BRACKEYAC)BL-RT L SO ARLING I()N ,AVl- F SO ARLIN(-jTC)N AVE I SO ARLIN(;TON AVE E S I PAUL.NIN 5511' ST PAUL.DIN 5511'7 ST PAUL.NIN 55117 513OQ4004 513C)Q4 )05 513OQ400o BR1C'KEY,R0131 R I I BR1C'KEY.ROBERT L BR•1C'KEY.ROBERT L 80.\RLIN(TT(-)N-k\L• F SO ARLINGTON AVE E SO ARLINGTC)N AVE E S I PAUL,NIN 5511 ST PAUL.NIN 5511' ST PAUL.NIN 5511 5130 4007 51309400S 5 130 4009 BR.�C'KEY.RC)BI-R I I BR .C'KEY.ROBERT L RETTENN".JC)EL&BARB:1R - I RUST SO ARLINGT()N A\ F I- SO ARLINGTON AVE E 10424 BROOKSIIIRE AVE S 1 Pahl ,NIN 55l I- ST PAUI .NIN 55117, DOWNEY,CA 1)0241 513092003 /5130-0010 513110035 WFSSMAN HOLDINGS CITY OF PALNI SPRINGS MARUT,PALTL C 300 S P M NI CANYON DR PO BOX 2743 PO BOX 561)58 P NLM SPRINGS.CA 9"6' PALM SPRINGS.CA 9263 SHERMAN OAKS.CA 91413 513110036 513110054 f 5130-0009 NI1HA-CA.RUSE E TRUST NIARUT.PAUL C CITY(_)F PAL NI SPRINGS 468 'W TAHOUITZ CAM'ON WA1- PO BOX 56Q58 PC)B(_)X _'-43 PALM SPRINGS,CA Q2262 SHFR-MAN OAKS. CA 91413 PAI 1\1 SPRINGS,CA Q22(,3 513120094 5131200Q6 513120095 VII LAS IN C)LD PALNI SPRINGS INC VILLAS IN OLD PALM SPRINGS INC VILL.1S IN C)LI)PALM SPRINGS INC PO BOX 13'1)) PO BOX 13'10 PC)BOX 13'10 PALM DESERT.CA W255 P-YLNI DESERT.CA 92'S5 PALM DESERT.C_19_255 �1311(hu34 SECT i13110))l)2 PALM SPRIN(rS ARI Nit SH[JNIINC SLC'i i(u 11" 1 RUST�O DIARU I.TR 8440 IIAR(A D W A' ' PO B(-)X 334() I)B A PALM SPRINGS ART NI I )-)S ANGELES,C'A u))))69 P-YLN1 SPRINGS.C'a 92263 1))l N MUSEUM DR P,AlAI SPRINGS,C_1 Qj1( 2 M 109102 n Ji l 3))Q l(0 5 i 13 uQ 1024 SOU`fHI~RN C 1LIFURNLY LDISC)N CO-) CITY OF PA-1-Ni SPRING~ (A PDI N1 tiPRIN(r,, PO BO\ s,no PO BUX_-43, PC)B(-)\ 2-43 Ko'SLN1E_1D. C'D 01-0 PALNI SPRINGS'_ CA W"63 PALNI SPRINGS.(-A k-)2263 0 513t)91023 5130QI0_12 513091021 f CI I�-OF PALNI SPRINGS ✓CITY OF P_NLNI SPRINGS CITY OF PALM SPRINGS PO BOX 3,43 PO BOX 2-43 PC)BOX 2743 PALM SPRINGS,CA Q 263 PAI N1 SPRINGS.CAA 92-163 PALM SPRINGS. CA 92263 51301020 51309101E 51109 11)17 FRANK.IIENRY BROUGIITON PALMS SPRINGS MC'BRIDE.ALFRED J&C'HERYL 550 N C'.11IUILLA RD 20241 S«"BIRC II ST 01 2%N PALM C-VNYON DR P ALNI SPRINGS.CA 9 202 NFNN'PURT BFACH.CA 93660 PAiNI SPRINGS.CA Q2262 5130Q1016 5130011112 5130Q1011 G al"I AN.RALPH G&IIAZEL TRUS I MCB PROP GOLDRING.JC)DY J TRUST 85))AN-ENIDA AC'APUI_CO 44S E 4TH ST 1454 E GEM C'IR SAN ( I ENTENTE.CAQ26i' HINSDALE.IL 60521 PALM SPRINGS.CA 93262 51;no101O 5130910nS 5130Q1005 ADASS c-)i AND TRUST I�(� SIN1N1()NS I (_)RI I BR(-)li(;HTCJN PALM SPRINGS P(C) \ ti l I n Q3�I N ('AN11N()CUNDUR 20_'41 SNN BIRCH ST�()1 P Ni SPRINGS,C -�1)2-ln3 P_1LNI SPRINGS. CA 022f,' NL%�PORT BEACH,CA( 3n6n 5130Q 1004 511001003 s 130,)]me REDEVELOPMENT AGENCY CITY OF '�REDLVELOPNILN 1 AuLNC1' CM' PROJECT 9� PALM SPRINGS PALM SPRINGS R D 3u3 N IN73I�N C'�Nl`l)N P()BOX 2-43 3200 E TAIIC)UITZ CANYON WAY PALNi SPRINGS. CA()N PALM SPRINGS.C'.,,9_263 PAI NI SPRINGS.CA Q?Z6? 2262 513120055 OOQ6033,9 OOQ603uS6 0DONNELL GOLF CLUB C)DONNELL GOLF CLUB 1�353�3 O aRiCJ LTD 301 N BL-LARDC) RD 301 N BEL NRDt) RD / PAT NI SPRINGS.CA 92262 P.A-Ll\I SPRINGS. CA 92262 511141013 513131028 513132001 1N ESSNIAN HOLDINGS VIT LAS IN OLD PALM SPRINGS INC' PALM NIOLINIAIN RESORI' 300 S PAI NI CANYON DR PO B0X 137I() 11250 EL CAMINO REAL N100 P ALM SPRINGS,C a 92'62 PALM DESERT.CA Q_'_'SS SAN DIED(),CA 9'130 513143009 5131�3008 513144001 BR_1NDENBURG' ()aSiS PI_AZ_A DB a BR_1NDENBi1RG OASIS PLAZAPLALA LAS rLc_)R1r5 1122 Wll I UNt' ST 200 YAMS GR(_)L'I'1 1?' ��'1[ I t)\t S I �0�) 3!'C) S PALM CANYON Dk SAN JC)SF,CA 95125 PALM SPRINGS. CA 9226' S.aN R-)SE.(_'_1 Q5125 51314400' S 111441-106 ;1114400- PL.1Z_1 LAS I.IORES C I I N t-)I P AI NI SPRINGS � CITY OF PALM tiPRINGS 1005,PAI N1 CANYON DR P(_) BOX 2,43 P(_)BOX 2-'43 PALM SPRINGS CA9'_'6? PALM tiPRINWti CAQll6, PAI N1 SPRINGS. (_'A 1J3wn3 51 114401 t) 513133011 �,131.1.1013 C(_)NINIUNIT RI DI-V AGENCY C'ITI" ()F PALM SPRINGS WI SSNIAN HC)[ IIIN(r5 N1 I SSN1-\N HOLDINGS PO BOX 2"33 ,tn) S PAI_Nl C'ANI-ON DR 300 S PALM C'.1NYON DR Pal N1 SPRINGS.CA Q2263 PAlN1 SPRI-N(,ti. CA P_11-NI SPRINGS. CA 01262 513144013 513141061 513141004 «'ESSNLIN HOLDINGS BRLTGGENIANS.PAUL C W SSNI aN HOLDINGS 300 S PALM CANN'(-)N DR 3N5 W TAIIQLTITZ CANYON WAY 30u S PAI Nl CAN1'()N DR P_1LM SPRINGS,CA 1)226_' P al_N1 SPRINTS_('a 92162 PALM SPRINGS.CA 0226' �13�f,UUlli 51356( 00_' S13560004 RBD ROILL PALM 5PR17VGti DB.a �VFSSNIAN,JOIIN %N 1iSSNiAN.JC)HN HZ'_NTT REGENCY SUITES PA 30(( S PALM CANTON DR 300 S PALM C aNYON DR ;3},T TEGPLAYERS CLUB ITESPKWY?00 PALM SPRINGS,CA'�_'_'6'_ PALM SPRINGS.CA�)_'?6_' NIENIP CLUB 25 51356()007 S1356(T(uTx 5135f,0009 %VFSSN1-�N J(_)HN R-ESSNLIN.JOHN NVESSMAN.JOIIN 300 S PAI Nl C-\NYON DR 100 S PALM C.1NYON DR 31-10 S PALM CANYON DR PALM SPRINGS,C'N u„61 PALM SPRINGS.CA 1)2262 PALM SPRINGS,(_'�9"6' I i NEIGHBORHOOD COALITION REPS Case 5.1263 Dev Agreement MODCOM AND MR PETE MORUZZI Desert Fashion Plaza HISTORIC SITE REP PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting on 06 1511 P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS CASE 5.1263 PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS VERIFICATION NOTICE w _ ATTN SECRETARY/5.1263 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS,CA 92263-2743 MS MARGARET PARK AGUA CALIE.,.NTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS -k,-_- INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS, CA 92264 SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON &BARNHOUSE, ATTN:JOSEPH ONTIVEROS LLP INTERESTED PARTIES z = CULTURAL RESOURCES MANAGER ATTN: RICHARD C.WADE, PARALEGAL BOX 487 74244 TH STREET NW P.O. SAN BOX 487JACINTO CA 92581 LOS RANCHOS DE ALBUQUERQUE, NM 87107 MR JOHN WESSMAN 'PONSORS WESSMAN HOLDINGS 555 S. SUNRISE WAY, STE. 200 PALM SPRINGS, CA 92262 513091025 513091023 513144007 CITY OF PALM SPRINGS CITY OF PALM SPRINGS CITY OF PALM SPRINGS PO BOX 2743 PO BOX 2743 PO BOX 2743 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 513091024 513091022 CITY OF PALM SPRINGS CITY OF PALM SPRINGS PO BOX 2743 PO BOX 2743 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 513070010 513091021 CITY OF PALM SPRINGS CITY OF PALM SPRINGS PO BOX 2743 PO BOX 2743 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 513070009 513144006 CITY OF PALM SPRINGS CITY OF PALM SPRINGS PO BOX 2743 PO BOX 2743 PALM SPRINGS,CA 92263 PALM SPRINGS,CA 92263 IMPALM SPRINGS RECCIVrs►PRESERVATION -F Pt.LI�fFOUNDATION 2011 JtiN -9 PM 3: 50 June 9, 2011 ; "Hi r 5 l r7 l Y CITY CLERK; Mayor Steve Pougnet City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Sustainability Assessment for the Preservation of the Town& Country Center Dear Mayor Pougnet, Discussions about the future of the Town& Country Center(T&CC)have failed to address the sustainability issues associated with the proposed Wessman Development"Revitalization" plan. Accordingly, we asked Ecotype Consulting, Inc., a highly-regarded local firm,to conduct the subject assessment. As we have previously asserted,the rehabilitation of buildings like the T&CC is an environmentally responsible practice and is essentially a recycling program. You will see that the attached assessment quantifies that assertion. We're sure you would agree that our common commitment to sustainability implicitly includes a commitment to green redevelopment. With the rehabilitation of the T&CC, the city of Palm Springs would become the leader in green development throughout the Coachella Valley. Please don't miss this remarkable opportunity. Sincerely. Ron Marshall President Attachment: Sustainability Assessment for the Preservation of the Town& Country Center Copy to: City of Palm Springs Sustainability Commission(Mark Nichols, Chair) Wessman Development(Michael Braun) Palm Springs Modern Committee (Peter Moruzzi) Desert Sun(James Folmer and Mariecar Mendoza) 1775 East Palm Canyon Drive,Suite 110-195,Palm Springs.CA 92264 (760)837-7117 • infora_)pspreservationfoundation.org • www.pspreservationfoundation.org Sustainability Assessment for the Preservation of The Town and Country Center 174 North Palm Canyon Drive Palm Springs, CA 92262 Prepared for: The Palm Springs Preservation Foundation June 9, 2011 Prepared by: Eric Shamp, AIA, NCARB, LEER AP Principal Ecotype Consulting 10 E.Vine Street, Suite 212A Redlands, CA 92373 T: [909] 307-8987 F: [909] 307-8922 eric@ecotypeconsutting.com consulting TABLE OF CONTENTS 1 INTRODUCTION ................................................................................... 1 2 SUSTAINABILITY AND HISTORIC PRESERVATION............................................ 3 2.1 Definition of sustainability 2.2 Sustainabitity efforts in Palm Springs 2.3 Nexus between sustainability and historic preservation 2.4 Types of historic resource reuse and implications for sustainable development 2.5 Green Rehabilitation of the Town and Country Center 3 EMBODIED ENERGY COMPARISONS...........................................................11 3.1 Definition of embodied energy 3.2 Methodology and assumptions 3.3 Summary of results 4 LEED COMPARATIVE ANALYSIS................................................................17 4.1 Summary of the LEED rating system 4.2 Methodology and assumptions 4.3 Comparison summary 5 CONNECTIVITY, TRANSPORTATION, AND PARKING.......................................21 5.1 Alternative transportation and sustainable development 5.2 Vehicular traffic 5.3 Pedestrian access 6 THE PALM SPRINGS PATH TO A SUSTAINABLE COMMUNITY.............................29 6.1 Summary of the document 6.2 Guiding principles 6.3 Objectives APPENDIX A: LEED COMPARATIVE ANALYSIS MATRIX .............................................33 APPENDIX B: CONSULTANT'S QUALIFICATIONS ....................................................39 Town and Country Center Sustainability Assessment 1 . INTRODUCTION The Palm Springs Preservation Foundation recently asked Ecotype Consulting to prepare this report to analyze the sustainability of preserving and reusing the historic Town and Country Center (T6tCC), located at 174 North Palm Canyon Drive. I was honored to perform the work, and truly enjoyed getting familiar with a hidden Palm Springs landmark that I had been previously unaware of. The concept of sustainability has become politically abused and somewhat diluted through poor marketing. In this study, I attempt to clarify its meaning, so that the reader can better understand its relevance to the TUC. Sustainability (or, more commonly, "greenness") is not an absolute condition; it can only be assessed in a comparative manner against an alternative. In other words, it is impossible to declare that a project is sustainable or not sustainable; we can only assess a project relative to something else, such as the well-known LEED rating system or another project alternative. In the case of the Town and Country Center, the obvious alternative project is the plan that threatens its demolition, the Wessman Development Concept Plan. Although sustainability is generally considered to be the nexus between ecological, economic, and cultural concerns, it is beyond the scope of this study to compare the economic and cultural aspects of the MCC and its alternative. The cultural relevance of the MCC has bccn addressed in numerous documents and publications, most recently in the Historic Site Nomination for The Center, prepared by the Palm Springs Preservation Foundation in April 2009. The economic relevance of the MCC has presumably been investigated by Wessman Development and the Palm Springs Community and Economic Development Department. This document is intended to serve as a counterpart, rather than a counterpoint, to those analyses, in order to provide City decision-makers and private investors with a comprehensive picture of the relative sustainability of the project. In regards to ecological sustainability, this study will clearly demonstrate that preservation of the Town and Country Center is the superior choice by the metrics and/or principles of embodied energy conservation, the LEED rating system, transportation planning, and the City's own established goals for sustainability. It is my sincere hope that these results will be considered and given the same weight as the economic and cultural considerations for whichever project is ultimately implemented. Eric R. Shamp, AIA, NCARB, LEED AP Principal, Ecotype Consulting June 2011 1 This Page Was Intentionally Left Blank 2 Town and Country Center Sustainability Assessment 2. SUSTAINABILITY AND HISTORIC PRESERVATION 2.1 Definition of sustainability Sustainable development can best be described using a definition developed by the UN World Commission on the Environment in 1987: "Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs"'. This definition is quite broad in its application, with no specific reference to any category or aspect of conservation. In common practice, however, this definition is generally understood by the progressive business and development community to apply to a continuity of economic, ecological, and cultural conditions that support human society. These economic, ecological, and cultural conditions are known collectively as the "triple bottom line"Z of sustainable development. In order to produce the most sustainable outcome from any development project, all three conditions are to be given equal consideration. The "triple bottom line" concept distinguishes traditional economic development from sustainable economic development. The Desert Fashion Plaza is an obvious example of economic development that was not, in fact, sustainable. In this report, we will investigate the impact on the Town and Country Center (TFtCC) site of two proposed development schemes and assess how well each scheme addresses the sustainability "triple bottom line". The first scheme is based on the March 2011 Desert Fashion Plaza Community Concept Plan "Preferred Concept Plan" (the "Preservation Scheme"). The second scheme is based on the May 2011 Wessman Development Desert Fashion Plaza Concept Plan (the "Wessman Scheme"). 2.2 Sustainability efforts in Palm Springs The City of Palm Springs has demonstrated a remarkable commitment towards sustainability by establishing an Office of Sustainability, initiating a Sustainability Commission, and joining the International Coalition of Local Environmental Initiatives (ICLEI). In the 2007 General Plan, the City incorporated the following statement into the Palm Springs Vision: ' The World Commission on Environment and Development, Our Common Future, (New York: Oxford University Press, 1987), 43. Z Originally coined by John Elkington, Cannibals with Forks: The Triple Bottom tine of 21"Century Business, (London: New Society Publishers, 1998). 3 We enhance our natural, cultural, and historical resources with sustainable economic growth and high style.' Chapter Three of the Palm Springs Path to a Sustainable Community'addresses "Sustainable Urban Development and Transportation Choice". It describes three objectives: 1. Increase the number of green buildings. 2. Promote smart growth and transportation choice. 3. Promote alternative, sustainable transportation options and Infrastructure using alternative modes, fuels, and vehicles. Chapter Seven of the Palm Springs Path to a Sustainable Community addresses "waste". It describes the following objective: 1. Reduce waste and increase recycling for all segments of the community. Later in this report, we will assess how well each of the two schemes aligns with each of the objectives of the Palm Springs Path to a Sustainable Community. 2.3 Nexus between sustainability and historic preservation There is a significant alignment between the movement to preserve historic structures and sustainable development. The construction of a new building represents a significant economic investment in material and energy resources, along with ecological impacts associated with raw material extraction, manufacturing, transportation, fossil fuel extraction, and fuel consumption. The demolition of an existing building (whether historic or not) results in a total loss of those economic and ecological resources, and further compounds the ecological impacts of a construction project. Washington DC architect Carl Elefante, FAIA, LEED AP describes building reuse thus, "The greenest building is the one that's already built." According to one study5, 39% of the total energy consumption over the life span of a typical building is embodied in its materials. By retaining an existing building, the embodied energy is amortized over a greater time span, dramatically reducing the size of the building's ecological footprint. ' Palm Springs General Plan, 2007. A Draft March 17, 2009. 5 Mike Jackson, "Embodied Energy and Historic Preservation: A Needed Reassessment", Journal of Preservation Technology 36:4, (2005). 4 Town and Country Center Sustainability Assessment Historic structures tend to be especially good candidates for rehabilitation as "green" buildings. In contrast with the majority of contemporary buildings, historic buildings are usually designed for passive thermal comfort, are built using more durable materials and construction techniques, and are sited in a way that prioritizes pedestrian access over vehicular traffic. With a few discrete improvements to a historic building's exterior envelope (blown-in insulation, thermally-efficient windows, cool roofing), a historic building can be made quite energy efficient. The cultural relevance of the MCC has already been sufficiently documented, most recently in the Palm Springs Preservation Foundation's Historic Site Nomination for the Center6. It is not the intent of this report to revisit the case for cultural preservation. However, it is important to note the importance of cultural sustainability in the "triple bottom line" concept of sustainability. 2.4 Types of historic resource reuse and implications for sustainable development The US Department of the Interior recognizes several standard treatments of historic properties': Preservation. The standard for historic preservation requires the application of measures intended to "stabilize, consolidate, and conserve" historic features. The property must be used for its original historic purpose, or used in a manner that does not require significant Change to the defining characteristics of the building. Only deteriorated or missing portions of the building may be built; no new additions are allowed. This approach would allow some energy efficiency upgrades, as long as they did not disrupt the historic character of the building. This approach may not provide the required design flexibility to make the project economically feasible, and may limit the ability to make energy efficiency and sustainability upgrades. Rehabilitation. In summary, this standard requires that a property be used for its historic purpose, or used in a manner that does not require significant change to the defining characteristics of the building. There shalt be no removal or alteration of historic materials, features, or spaces. Deteriorated features are repaired rather than replaced. New additions are allowed, but must be distinguishable from the historic 6 Patrick McGrew, "Historic Site Nomination for the Center," Palm Springs Preservation Foundation (April 2009). Kay Weeks and Anne F. Grimmer, The Secretary of the Interior's Standards for the Treatment of Historic Properties, (Washington DC, National Park Service, 1995). 5 portions of the property. This approach would allow most energy efficiency upgrades, as long as they did not disrupt the historic character of the building. If rehabilitation is performed on a designated historic structure, the owner may be entitled to a 20% rehabilitation tax credit. This approach gives the flexibility to make major repairs, alterations, and/or additions. Restoration. This is defined as "the act or process of accurately depicting the form, features, and character of a property as it appears at a particular period of time". This approach is typically selected in cases where a historic structure is intended to be used for the demonstration a significant period of time for educational purposes. It is the most restrictive approach, and would not be appropriate to suit the ongoing economic sustainability of the MCC. Adaptive Reuse. This approach is not formally recognized by the US Department of the Interior as an official standard for the treatment of historic properties. Adaptive reuse is the process of dramatically changing the historic use of a property, especially after the original use is obsolete. This can often require significant architectural changes, or even the co-opting of a historic structure within a new structure. The original mixed use of the TEtCC is as relevant today as it was when the structure was built, so adaptive reuse would not be an appropriate approach. Earlier this year, the US Department of the Interior published The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings. This will be a very useful document in guiding the "green" rehabilitation of the TFtCC. 2.5 Green Rehabilitation of the Town and Country Center The Preservation Scheme is an opportunity for the City to demonstrate the confluence of its goals of mid-century modern preservation and sustainabitity, and in the process establish a ground-breaking case study for other communities to follow. There are several factors that make the Town Et Country Center an ideal candidate for a green building rehabilitation: 8 Anne E. Grimmer, Jo Ellen Hansley, Liz Petrella, and Audrey T. Tepper, The Secretary of the Interior's Standards for Rehabilitation &Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings, (Washington DC, National Park Service, 2011). 6 Town and Country Center Sustainability Assessment Integrity. Despite some neglect and resultant cosmetic damages, the building appears to be in good restorable condition. There is no apparent structural damage that could be observed from the exterior of the building. Some of its historic features have been obscured, but none lost. Later additions and modifications such as the balcony enclosure, exterior stair canopy, and metal siding are easily removable. Much of the landscaping is still intact. The 1955 E.F. Hutton Building addition appears to be in excellent condition, both interior and exterior. A rehabilitation of the building would require few material resources, when compared to a new construction or the major renovation of a more dilapidated structure. Simple HVAC upgrades. The heating, ventilating, and air conditioning (HVAC) systems appear to consist of simple rooftop packaged units, likely electric DX cooling and gas furnace. Given the age of the structure, there could be some remaining evaporative cooling (swamp cooler) units. The existing HVAC system would require complete replacement for better maintainability and improved energy efficiency. New HVAC systems known as variable refrigerant flow (VRF) units are becoming more commonplace in Southern California. This type of system would be very appropriate for this mixed-use application. They allow for maximum flexibility, the ability to set separate schedules for different tenant uses, and the ability to efficiently heat and cool different parts of the building at the same time. Rather than relying on large volumes of air to move and remove heat, VRF systems use small lines of refrigerant. Fresh air is provided by unobtrusive direct ventilation methods. VRF systems are very energy efficient, lightweight, and do not necessitate the use of bulky ductwork as do older systems that are based around an air handling unit. Without ductwork, ceilings could be pushed as high as possible, or even left exposed. Mixed mode passive/active cooling opportunities. Much of the TEtCC has a narrow floorplan, making natural air circulation via cross- ventilation a feasible method for passive cooling during certain times of year. The irrigated landscaped courtyard can provide an abundance of moist, cool air which can be drawn into interior spaces adjacent to the courtyard. Near the TBtCC, the Corridor (515 North Palm Canyon Drive) employs a similar strategy of passive cooling. The flexibility of a VRF HVAC system (see above) means that individual tenants can elect to operate either active or passive cooling as desired. 7 Landscaped oasis. The T&tCC already possesses that most treasured Palm Spring amenity: a shady, landscaped oasis. With its combination of shade trees, irrigated turf, protection from wind, and high-albedo shaded concrete, this courtyard provides a welcome respite from the heat and an opportunity to comfortably enjoy a bit of nature. While street-adjacent sidewalks can become quite uncomfortable due to the lack of shade and the heat retained by asphalt-paved surfaces, the T&tCC courtyard will remain comfortable well into the summer. Again, one can observe a similar condition at The Corridor shopping center. Mixed-use development. Contemporary urban planners are returning to the old-fashioned idea of mixed-use development as a means for mitigating excessive single-occupancy vehicle traffic, parking requirements, crime, and the inherent economic instability of single-use developments. While the Wessman Scheme does an admirable job of encouraging mixed-use development, it is worth considering that the T&tCC is a 70-year-old example of the same development strategy. There is a wide variety of tenant space types, ranging from 600 square foot to 4800 square foot retail, office, hospitality, and residential units. There is the option of creating additional flexibility by building out the planned but unbuilt south side tenant spaces, which could be configured for other uses not currently accommodated in the existing T&tCC, while fully enclosing the courtyard. This unbuilt space can be seen on the 1951 site plan shown in the Historic Site Nomination for the Center". Satisfies the recommendations of the community. After several community workshops, the City of Palm Springs published the Desert Fashion Plaza Community Concept Plan10 in March 2011. This community input resulted in a list of design objectives and planning elements. These objectives are described below, along with the manner in which the Preservation Scheme responds to those objectives. Design Objectives and planning Elements from the Desert Fashion Pla,,a Preservation Scheme Response Community Concept Plan Create a unique blend of spaces, uses and Courtyard space is unique to the Concept Plan Ft offers shade and respite. activities that reflect the Palm Springs Pedestrian-only connection creates safe, lifestyle and climate. quiet car-free zone. "McGrew, P. 6. 10 MIG Inc, Desert Fashion Plaza Community Concept Plan (City of Palm Springs, March 2011). 8 Town and Country Center Sustainability Assessment Design Objectives and Planning Elements from the Desert Fashion Plaza Preservation Scheme Response Community Concept Plan Blend of small-scale retail,office, hospitality,and(potentially)residential Include a diversity and mix of land uses... uses.This is a unique land use,compared to the larger-scale uses planned for the remainder of the Wessman Scheme. Main courtyard entry at Palm Canyon Drive Interface with the adjacent Palm Springs is perfectly aligned with PSAM entrance. Art Museum... The T&CC courtyard provides an appropriate terminus to that axis. Main courtyard entry will frame views of Enhance views to the mountains and art main axis to PSAM and mountains beyond. museum. Restaurant balcony will provide excellent views as well. The existing T&CC is not only walkable Ensure a walkable and human scale and human-scaled,it provides respite from development. the considerable traffic on Palm Canyon and Indian Canyon Drives. A strong east-west axis that ensures walkable development should have a terminus at both ends.The T&CC serves that purpose on the east.The Wessman Scheme proposes extending the axis Create a strong east-west connection through to Indian Canyon Drive,where it through the site. terminates against a non-descript parking lot and back door to the Spa Resort Casino. By connecting to Indian Canyon, the east-west axis becomes primarily a vehicle traffic corridor,where walkability is secondary. Create places to gather including a variety The TFtCC courtyard provides a small, of interconnected open spaces,from large intimate outdoor space that is not community plazas to small, intimate apparent anywhere else in the Wessman spaces. Scheme. Include"festival"streets,with the ability The TIiCC courtyard is an ideal location to close off automobile traffic for special for smaller"festival"events, and would events and activities, such as the Farmer's not necessitate the closure of streets. Market,Art Festival and Village Fest. Achieve architectural excellence. See the PSPF Historic Site Nomination for the Center. Incorporate sustainable and climate responsive building and landscape See section 2.5 above. elements. Consider the costs and benefits of The economic, ecological, and cultural maintaining certain existing buildings... costs of demolition of the TFtCC are entirely avoidable. 9 The Preservation Scheme with an intact Town and Country Center ideally suits the community desires for the Desert Fashion Plaza redevelopment. Demolition of the Town and Country Center is clearly at odds with the Community Concept Plan. 10 Town and Country Center Sustainability Assessment 3. EMBODIED ENERGY COMPARISONS 3.1 Definition of embodied energy Embodied energy is defined as the amount of energy required to extract, manufacture, transport, install, use, decommission, and dispose of a material or an assembly of materials. In 2005, architect Mike Jackson, FAIA, published an article in the Journal of Preservation Technology" asserting that the ratio of embodied energy to annual operating energy in an existing building ranges from 5:1 to 30:1. In other words, it takes 5 to 30 years of operation to consume the same amount of energy as is embodied in the materials. Considering that most contemporary buildings are constructed with a 25 year lifespan in mind, many new buildings have more energy invested in the materials than in their operation over the entire lifespan. Furthermore, when we consider that fossil fuels make up 86.4% of the world's primary energy consumption,12 it becomes apparent that the embodied energy of building materials is a significant source of greenhouse gas (GHG) emissions. According to an analysis13 of 2009 data from the US Energy Information Administration, buildings consume almost half of all energy produced in the US. Building are by far the biggest single contributor to US GHG emissions. If we are to seriously address the reduction of GHG emissions, we must prioritize the reduction of energy consumption by the building sector. Using its regulatory powers, the state of California has done an excellent job of reducing GHG emissions related to operational energy consumption in buildings. Embodied energy is as significant a contributor of GHG emissions as operational energy, yet the development industry in California continues to demolish usable and economically feasible buildings with little concern for the ecological and long-term economic impacts. 3.2 Methodology and assumptions In order to measure and compare the embodied energy between the Preservation Scheme and the Wessman Scheme, we use a method developed by " Jackson, p. 51. 12 US Energy Information Administration International Energy Statistics, 2007. 13 Analysis by architect Ed Mazria for Architecture 2030, in which traditional energy data reporting classifications are re-allocated to create a single Building Sector (www.architecture203O.org/the-Problem/buildings,-problem_why) 11 the Advisory Council on Historic Preservation 14. Due to the tack of specifics in the Wessman Scheme, we used the simplest analytical approach, known as the Building Concept Model. This allowed us to estimate embodied energy using only basic information about a building. Results are relatively correct but not precise. We used the following formulas in our calculations: Embodied Energy Investment in Existing Buildings Embodied energy _ Gross floor area of X Invested energy per square foot investment historic building specific to the building type Demolition Energy for Existing Buildings Demolition Gross floor area of Demolition energy of materials per square X foot of construction for buildings of similar energy _ historic building size and construction type Embodied Energy Investment in Renovated Buildings Embodied Gross floor area Invested energy per square foot energy - of historic X specific to the building type X f' investment building Where f1 =fraction of materials and construction of the existing historic building that is being replaced or added in the renovation process. This is largely a matter of professional judgment. Embodied Energy Investment in New Buildings Embodied energy Gross floor area of new X Invested energy per square foot investment building specific to the building type Demolition Debris for Existing Buildings Demolition debris = Gross floor area of X Demolition debris rate specific existing building to the building type 14 Advisory Council on Historic Preservation, "Assessing the Energy Conservation Benefits of Historic Preservation: Methods and Examples", January 1979. 12 Town and Country Center Sustainability Assessment Construction and Demolition Debris for Renovated Buildings Gross floor Demolition Construction CL'tD debris f, x area of x debris rate + debris rate existing specific to the specific to the building building type building type Construction Debris for New Buildings Construction debris = Gross floor area of new x Construction debris rate specific building to the building type We used the following assumptions in our calculations: Site Study Boundary The site study boundary is identical for both the Preservation Scheme and the Wessman Scheme. For this analysis, we are only considering the portion of the Wessman scheme that falls inside the site study boundary. The boundary is overlaid on each scheme below: Preservation Scheme Wessman Scheme 'ter �;� • r � 3: Source: Google Earth Source: Desert Sun 13 Preservation Scheme Building Assumptions Characteristic Assumption Source Gross floor area 56,800 sf Estimated by scaling off floor plans. Building type Stores/Restaurants Based on predominant historic uses. Invested energy per sf Energy Use for Building specific to building type 940��/sf Construction15 Construction materials Medium (steel frame) From PSPF Historic Site Nomination for the Center Demolition energy of construction materials for 7200 BTU/sf Energy Use for Building Construction existing buildings Assuming replacement of all HVAC, lighting,roofing, Fraction of materials to be 50% windows, exterior doors, replaced or renovated(f1) plus cosmetic repairs, addition of insulation, and accessibility upgrades. Characterization of Building-Related Demolition debris rate 173 lbs/sf Construction and Demolition Debris in the United Stateslb Characterization of Building-Related Construction debris rate 4.02 lbs/sf Construction and Demolition Debris in the United States Wessman Scheme Building Assumptions Characteristic Assumption Source Assuming full 4-story Gross floor area 91,200 sf buitdout of the entire TftCC site, minus an 85' proposed road right-of-way. Building type Hotel/Motel Based on May 2011 Wessman plan. Proposed roadway area 25,500 sf Assuming 85'ROW through city block. 15 Energy Use for Building Construction, Energy Research Group, Center for Advanced Computation, University of Illinois and Richard G. Stein and Associates, December 1976. 16 Characterization of Building-Related Construction and Demolition Debris in the United States, US Environmental Protection Agency, Franklin Associates, June 1998. 14 Town and Country Center Sustainability Assessment Characteristic Assumption Source Invested energy per sf Energy Use for Building specific to building type 1130 MBTU/sf Construction Invested energy per sf of 2 MBTU/sf Energy Use for Building roadway Construction Characterization of Building-Related Demolition debris rate 173 lbs/sf Construction and Demolition Debris in the United States Characterization of Building-Related Construction debris rate 4.02 lbs/sf Construction and Demolition Debris in the United States 3.3 Summary of results Embodied Energy Comparison Preservation Scheme Wessman Scheme Embodied Energy Investment existing 53,392,000 MBTU 53,392,000 MBTU renovation 26,696,000 MBTU new building construction 103,056,000 MBTU new roadway construction 51,000 MBTU subtotal 80,088,000 MBTU 156,499,000 MBTU Demolition Energy 204,480 MBTU 408,960 MBTU Total Embodied Energy 80,292,480 MBTU 156,907,960 MBTU The Wessman Scheme exhibits an embodied energy investment that is nearly 100% higher than the Preservation Scheme in which half of the material in the existing building is removed and replaced. The Preservation Scheme is, conservatively, the equivalent of saving 665,778 gallons of gasoline when compared to the Wessman scheme. This is equivalent to taking nearly 4% of the drivers in Palm Springs off the road for one year. 15 Construction and Demolition Waste Comparison Preservation Scheme Wessman scheme demolition 2457 tons 4913 tons renovation 57 tons new construction 183 tons Total C&D Waste 2514 tons 5096 tons Again, the Wessman Scheme performs poorly in comparison to the Preservation Scheme. A complete teardown and rebuild of the site results in more than twice as much construction and demolition debris when compared to an extensive rehabilitation of the T&CC. It is conceivable that much of the non- hazardous construction and demolition debris can be diverted from the landfill and recycled. However, there is no obligation placed on the developer by the City to do so. Any construction and demolition waste recycling is the prerogative of the owner, and is performed at the owner's additional expense. 16 Town and Country Center Sustainability Assessment 4. LEED COMPARATIVE ANALYSIS 4.1 Summary of the LEED rating system The Leadership in Energy and Environmental Design (LEED) rating system is a voluntary set of elective and prerequisite criteria developed by the US Green Building Council (USGBC). Third-party certification of LEED Compliance is available through the Green Building Certification Institute (GBCI), making the LEED Rating System the most objective and widely accepted standard for green buildings available today. The LEED rating system offers criteria addressing five major categories of sustainable design and development: sustainable site development, water resources, energy and atmosphere, material resources, and indoor environmental quality. Upon certification by the GBCI, a project may be awarded one of four levels of LEED certification, depending on a point scoring system: basic certification, Silver, Gold, or Platinum. The USGBC has developed several different LEED rating systems, each applicable to a different project type. For the purpose of this comparative analysis, we are using the 2009 edition of the LEED for New Construction (LEED- NC) Rating System, which is also applicable to major renovations of existing buildings. For more information about LEED for New Construction, and to review the criteria, visit: httD://www.us2bc.orp/DiMlavPage.aSDx?CMS Pavel D=220. The City of Palm Springs has identified the LEED rating system as an acceptable objective standard for defining green buildings". 4.2 Methodology and assumptions We based the LEED comparative analysis on the following general assumptions. Specific assumptions are described in the LEED Comparison Matrix. Characteristic Preservation Scheme Wessman Scheme LEED Project Boundary 100%of current TaCC site. 100%of current TftCC site, except for roadway easement. Demolition of T&CC Maximum 50%of building for 100%of building and site. abatement and rehabilitation. 17 Path to a Sustainable Community, p.26. 17 HVAC,electrical, interior lighting,windows,doors, New Construction roofing, landscape,irrigation, 100%new construction. accessibility, <50%interior elements. Building Use Mixed use. retail,office,and Boutique hotel. hospitality. Building Type Existing 2-story metal framed. New 4-story. Gross Floor Area 56,800 sf 91,200 sf For the comparison, we preformed an analysis of each LEED criteria for each scheme, using the assumptions described above. LEED points were assigned in the following manner: "Y" (green column). The project is entitled to claim these points based on the assumptions, the project location, or the demands of California code requirements. These are considered "baseline" LEED points. "?" (yellow column). The project may be entitled to claim these points based on realistic options available to the design/construction team, as described in the "Assumptions" column. These are considered "optional" LEED points. "N" (pink column). The project is not realistically entitled to claim these points due to project factors described in the "Assumptions" column. These are considered "unachievable" LEED points. 4.3 Comparison summary The complete LEED Comparison Matrix can be found in Appendix A of this report. Here is a summary of the results: Metric Preservation Scheme Wessman scheme Baseline LEED points 30 21 Optional LEED points 59 57 Unachievable LEED points 21 32 Points required to meet minimum LEED certification 10 19 (=40 minimum points-baseline) Maximum LEED points 89(Platinum) 78(Gold) (=baseline+optional) 18 Town and Country Center 5ustainability Assessment Using LEED certification as a benchmark for the "greenness" of a building, the Preservation Scheme outperforms the Wessman Scheme, both in ease of achieving LEED and in maximum potential LEED Certification level. 19 This Page Was Intentionally Left Blank 20 Town and Country Center 5ustainability Assessment 5. CONNECTIVITY, TRANSPORTATION, AND PARKING 5.1 Alternative transportation and sustainable development As explained in Section 3 Embodied Energy Comparison, buildings consume almost half of the energy production in the United States. Buildings are thereby also responsible for nearly half of the greenhouse gas (GHG) emissions in the US. Following buildings, the second largest consumer of energy is transportation. When considering a building project's total contribution of GHG emissions, it is important to consider that project's overall effects on transportation. Projects that make it more convenient, safe, and pleasurable to use alternative means of transportation will contribute fewer GHG emissions than projects that prioritize single-occupancy vehicle use at the expense of other forms of transportation. Signed into law in 2008, California Senate Bill 375 aims to reduce greenhouse gas emissions from passenger vehicle travel through the implementation of land use and transportation planning principles that "promote walking, bicycling, and outdoor recreation, and less time spent on congested roadways"'$. It is important for local jurisdictions to start considering how SB 375-compliant land use planning will affect decision-making at the General Plan, Specific Plan, and project levels. The location of the Town and Country Center in relation to the Desert Fashion Plaza makes it a central component of the overall transportation strategy for whichever Plan is eventually implemented. 5.2 Vehicular traffic One of the admirable distinguishing features of both the May 2011 Wessman Plan and the Community Concept Plan is the way in which the mega-block of the existing Desert Fashion Plaza mall is divided up into a village-like street grid, creating a smaller "grain" of development and affording more opportunities for street-level retail engagement. It is worth noting, however, that this does not represent a "restoration" of a historic street grid, but rather the imposition of a village scheme upon a district that had originally been planned in a linear fashion along Highway 111. The use of that highway has changed over time, as evidenced by CalTrans' realignment of the Highway around downtown Palm Springs. The Community Concept Plan embraces the transformation of the former highway into a slower-paced retail corridor, and more fully integrates the narrower, more commercial Palm Canyon Drive. By proposing a vehicular axis that connects the Palm Springs Art Museum to the former northbound Highway 111 (Indian Canyon Drive) to the east, the 18 California Air Resources Board Resolution 10-31, September 23, 2010. 21 Wessman Plan clings to the notion that both Indian Canyon and Palm Canyon Drives should remain one-way high-speed highway-like thoroughfares. It prioritizes the conveyance of traffic through the district rather than seeking to slow traffic to make the district more hospitable for retail and entertainment. Wessman Plan Vehicular Access. The Wessman Plan directs traffic down multiple thoroughfares towards large parking facilities (red arrows), directly though the interior of the development. The T6tCC is demolished to make way for a major vehicle connection betwccn Indian Canyon Drive and the parking structures on the west side of the Plan. All roadways are shared with pedestrians and bicyclists. There is considerable street parking (yellow dashed lines) throughout the development, encouraging patrons to make multiple car trips in a single visit. The combination of traffic flows, multiple intersections, and on- street parking increases the likelihood of gridlock. Vehicular traffic must pass through a distracting environment in which there is not adequate separation between automobiles and pedestrians. Wessman Plan:Vehicular Access to Parking 3 ib— r W.1 apt FAMMORM A t MOVED 1 Py air L f i Pam^ f•-• j Community Concept Plan Vehicular Access. The Community Concept Plan directs traffic down existing wide thoroughfares towards large 22 Town and Country Center 5ustainability Assessment parking facilities (red arrows), keeping the interior of the development accessible, safe, and comfortable for pedestrians and cyclists. There is adequate street parking (yellow dashed lines), but it, too, is largely on the perimeter of the development. This scheme is an example of "park- once" development, where patrons park one time and can Comfortably walk to their destinations. This provides direct exposure of storefronts to potential customers, reduces vehicle trips, and reduces potential for gridlock. A plan like the Community Concept Plan does not necessitate the demolition of the T&tCC. Community Concept Plan:Vehicular Access to Parking �.Lh r. •� IN,r Dava dwq ru - d PeuN •.• Casj ArJ.tw 1 lrfdngCrYtc •All n �rron.• �y �' ) [3 '���`.•;', .. ;�� Cullra ��� 7.erY R.w7 P{rs �•� T�tr._+aun'h � � ��r/J` P.L.,Se-:rgs � •A7_,�.__«MM-�� .•� _ �J ar.Mumum '9 M....m ...l ti Ob.. i ' is °qrr'+ar , SPa F WRO p y;1 Pvt.,1 l . • r• r%�Dvw' nwW .�uus4 r Ar— Je --►�1 �� -� . �� . 1, w'- - - �",�' i� �. The defining difference between the Wessman Plan and the Community Concept Plan is in the ability to drive down the Palm Springs Art Museum axis. The burgeoning regulatory environment in California (SB 375) and the greater movement towards sustainability suggests that an automobile-dominant streetscape should no longer be the default approach to urban planning. Many progressive cities are seeking to better integrate private vehicles, public transportation, bicycle, and pedestrian traffic. Pedestrian plazas and promenades have seen commercial success in cities as diverse as Santa Monica, Rancho Cucamonga, Portland, Denver, and Madison, Wisconsin. There are many factors that contribute to the success or failure of a pedestrian promenade; however, there is no inherent quality of downtown Palm Springs that would preclude the success of such a plan. In fact, the demands of SB 375, Chapter 23 Three of the Palm Springs Path to a Sustainable Community, and the Desert Fashion Plaza Community Concept Plan require a serious investigation of a more pedestrian-oriented scheme that better integrates passenger vehicle roadways, paseos, and pedestrian promenades to achieve a smaller "grain" of development while diverting vehicle traffic around rather than through the development. 5.3 Pedestrian access Pedestrians travelling to the new shopping district are likely to be arriving from one of three places: the parking structures along Museum Drive, on-street parking, or the Spa Resort Casino located on Indian Canyon Drive. If the goal is to enliven the retail experience, it is preferable to direct vehicles to a centralized, safe, and convenient parking structure, and make it pleasant and safe to walk to destinations within the district. This reduces gridlock, parking stall requirements, and increases exposure of storefronts to pedestrians. It is important to note that patrons arriving from the Spa Resort Casino would most likely exit that facility through the traditional front entrance, at the corner of Indian Canyon Drive and Tahquitz Canyon Way. To access the museum on foot from that location, the natural tendency would be to travel a straight line along Tahquitz Canyon Way. To draw pedestrians away from that route, and towards the shopping district via the museum axis, attractive signage and the promise of amenities would have to be provided, possibly along with a slight reconfiguration of the Spa Resort Casino entrances. As described elsewhere in this report, the Town and County Center possesses that most desirable Palm Spring amenity: an irrigated, landscaped oasis. In the Community Concept Plan, the T£tCC courtyard anchors a string of plazas connected by pedestrian promenades and low-traffic streets. This arrangement alone satisfies most of the Plan design objectives,19 and would provide a far more attractive pedestrian connection between the Spa Resort Casino and the Museum, as opposed to a vehicular connection that is barely distinguishable from the streets to the north and south. Wessman Plan Pedestrian Access from Spa Resort Casino. The Wessman Plan does not offer any pedestrian promenades or plazas. All thoroughfares give priority to vehicular access. There is no compelling feature to draw pedestrians into the district from the Spa Resort Casino main entrance at Indian Canyon Drive and Tahquitz Canyon Way. There are multiple pedestrian/vehicle interactions. Festival events would 19 Desert Fashion Plaza Community Concept Plan, p. 10. 24 Town and Country Center Sustainability Assessment necessitate the closure of streets. The view to the Art Museum and mountains beyond is best enjoyed through a car windshield. Wessman Plan: Pedestrian Access from Spa Resort Casino r„�+-•`- -Y�.__Y_Irw.4'tl Wit- � v_ t _'• j PAMyS'.aM IP MkL - _d�_q* ��1'�J •� r.ail. •.a....----�s�' G q IL be1M�ii7eD+�t •: � � , 1 ,- r .z_..`_� :_r ,r�x'9�.x�y�r�7--- , si '} •�•«w- -- _aY. �ae`.�'�°Ru�'zrwy Community Concept Plan Pedestrian Access from Spa Resort Casino. The Community Concept Plan provides a string of plazas and promenades that offer a variety of types and scales of public space. Thoroughfare types include major arterial streets, mixed pedestrian/vehicular traffic, and pedestrian-only. Pedestrians from the Spa Resort Casino could still access the museum via Tahquitz Canyon Way, but plaza features are more likely to draw those pedestrians into the shopping district. The number of pedestrian/vehicle interactions is considerably reduced. The Town and Country Center is retained as a landscaped terminus to the main axis, providing a more intimate outdoor space suitable for respite from the heat and for smaller festival events. Festival events would not require the closure of major streets. The view to the Art Museum and mountains beyond is enjoyed from a major pedestrian promenade. 25 Community Concept Plan: Pedestrian Access from Spa Resort Casino . r �• - r I. " •, •, MwPwK'aPmnV�� f�rl..• r f"-'L iw y �� y •i.+ ter. i :: , 7 Y _� ~ __� • .Ii' f 1, .... �7 ..µv 1 • .w�-• w1oldog ,.av NluN"Umr1 `+ WsjAmLrwl 4101 fin Al f'{t + Muf•.T �� 0 IK S� t .i' .- a ^� uM iwu Ihtd Kxa •+� t ^^77 ill Wry A�NNQM wtV krA,y 1 " � ar:Muspum t` �;,�h o�•►�-►0 7�n y �'� �f H� ���, �, r 1 [r.eaa 06t. °ML yam' f s ✓ �� •� �� Rwt.il +.� ���•`4 1 ' wee r''' F. MFr Cay.IsFrtt-t c K D:yit:i�r ip As described in section 2.5 above, the Community Concept Plan describes several design objectives and planning elements that address transportation and connectivity, which are fundamental to sustainable urban planning and reducing the number of single-occupancy vehicle trips. The following chart summarizes those objectives and compares each Plan's response: Design Objective Community Concept Plan Wessman Plan Outdoor spaces include Create a unique blend of intimate landscaped oasis, Outdoor spaces consist mainly spaces. festival-ready promenade, of widened sidewalks. narrow paseos,widened sidewalks. Enhance views to the Views from TELCC balcony, Views along roadway,from mountains and art museum. through paseo, along roadway, parking lot of Spa Resort and from promenade. Casino. Variety of pedestrian Sidewalk corridors only, Walkable and human scale corridors,slower traffic, higher traffic volumes,higher development. reduced vehicle/pedestrian speeds,increased vehicte/pedestrian interaction. interaction. Strong east-west connection Terminus at both ends,variety Terminus at one end, axis can of ways to experience the best be experienced by through site. axis. automobile. 26 Town and Country Center Sustainability Assessment Design Objective Community Concept Plan Wessman Plan Create places to gather including a variety of Variety of outdoor space interconnected open spaces, types,connected by a variety No apparent outdoor spaces. from large community plazas of pedestrian thoroughfares. to small, intimate spaces. Promenade and MCC Include"festival"streets. courtyard can be used for Festival events will always festivals without necessitating require street closure. the closure of streets. Incorporate sustainable and Encourages alternative Discourages alternative climate responsive building transportation, mitigates heat transportation, increases heat and landscape elements. island effect, more island effect,fewer opportunities for landscaping. opportunities for landscaping. 27 This Page Was Intentionally Left Blank 28 Town and Country Center Sustainability Assessment 6. THE PALM SPRINGS PATH TO A SUSTAINABLE COMMUNITY 6.1 Summary of the document On March 25, 2009 the City issued the Draft Palm Springs Path to a Sustainable Community, which established a triple-bottom line approach to decision- making, and mapped out a course achieving a more sustainable community. The document consists of a Vision Statement, Guiding Principles, Strategic Outcomes, and Objectives and Actions. We will evaluate the Wessman Plan/Wessman Scheme against the Community Concept Plan/Preservation Scheme, and determine how well each complies with the Path to a Sustainable Community Guiding Principles and Objectives and Actions. 6.2 Guiding principles The Guiding Principles consist of a series of questions meant to apply to all City decision-making, in order to determine consistency with the Master Plan described in the document. The following comparison briefly compares each project's answers to the questions posed. Guiding Principle Community Concept Plan& Wessman Plan it Wessman Qualification Preservation Scheme Scheme Yes,existing cultural, Will this action conserve material, and energy No. resources? resources will be conserved. Will this action help the City Yes, most of the existing No,the existing TELCC will be eliminate waste and recycle TEtCC will remain in place and demolished and sent to and reuse resources? not go to landfill. landfill, recycled,ordowncycled. Yes, toxic materials will be Will this action abated. However, new reduce/eliminate toxic Yes, toxic materials will be construction will introduce materials? abated. new potentially toxic materials. Does this action help the City Maybe A renovated T&CC Maybe. New construction develop and/or support could support photovoltaics. could support photovoltaics. renewable resources? Will this action help the city Maybe A Community Concept grow innovation and green Plan that fully embraces business(green technology, No apparent embrace of green collar jobs,green sustainability may reveal g S opportunities for innovation in sustainability. building, ecotourism,clean green planning and design. processes and products)? 29 Guiding Principle Community Concept Plan Ek Wessman Plan Bt Wessman Qualification Preservation Scheme Scheme Does this action restore Maybe.A properly landscaped No apparent landscaping TEtCC courtyard could support ecosystems and habitats? a"micro-habitat". opportunities. Does this action help to promote and communicate Yes. Na. the idea of sustainability within the community? By mitigating blight, providing How does this action improve a safe walkable district, By mitigating blight, health, safety and quality of improving the economy of the improving the economy of the life for all citizens? area, providing public area. gathering areas. Is there a balance between the cost and benefit of this Maybe. Comparative economic Maybe. Comparative economic analysis needed. analysis needed. action? 6.3 Objectives Objectives of the Path to a Sustainable Community are spread across eight goal areas: Sustainable City Management and Operations, Economic Vitality, Sustainable Urban Development and Transportation Choice, Climate Change, Energy Conservation and Renewable Energy, Healthy Ecosystems, Waste, and Water. The following comparison briefly compares each project with the prescribed objectives. In many cases, objectives will not be directly applicable to either project, and will be marked "not applicable" ("n/a"). Legend: • Meets objective. t May meet objective. Does not meet objective. n/a Not applicable. Community Wessman Plan& Objective Concept Plan& Wessman Preservation scheme Scheme Sustainable City Management and Operations Embed sustainable principles and practices into city n/a n/a operations. Adopt sustainable practices and purchasing policies. n/a n/a Retrofit existing and develop new public facilities as O models of sustainability. 30 Town and Country Center Sustainability Assessment Community Wessman Plan t3 Concept Plan EtObjective Wessman Preservation Scheme Scheme Embed sustainability concepts and practices into the local culture through education, promotion and • _� community engagement. Economic Vitality Incubate, grow and attract new sustainable industries to Palm Springs,focusing on innovation, renewable energy production, clean technology,green products and services and climate change. Grow Palm Springs' local economy by retaining and expanding small and locally-owned businesses, • C increasing exports and decreasing imports. Establish Palm Springs as a premiere ecotourism destination in the US by improving existing industry • O practices and expanding cultural and nature-based tourism. Encourage sustainable business practices. • O Sustainable Urban Development and Transportation Choice Increase the number of green buildings. • n Promote smart growth and transportation choice. • c� Promote alternative,sustainable transportation options and infrastructure using alternative modes,fuels and • V vehicles. Climate Change Establish a baseline inventory and forecast,ongoing tracking and reporting mechanism for GHG emissions. n/a n/a Develop strategies to reduce contributions to GHG emissions to 1990 levels by 2020 and carbon neutrality • O by 2030. Pursue energy efficient transportation options that reduce GHG emissions. • L? Energy Conservation and Renewable Energy Reduce local government and per capita energy U consumption. Support development of local and regional renewable electric power generation including onsite solar and, n C where appropriate, use clean distributed generation to supply base load electricity. Healthy Ecosystems Promote access to sustainable, open space, recreation • O and naturatresources. 31 Community Wessman Plan i} Concept Plan 8 Objective Preservation Scheme n Scheme Support efforts to protect and enhance regional O r, ecosystems. Waste This Page Was Intentionally Left Blank Town and Country Center Sustainability Assessment APPENDIX A LEED COMPARATIVE ANALYSIS MATRIX 33 This Page Was Intentionally Left Blank 34 Town and Country Center Sustainability Assessment LEED-NC 20D9 New Construction Comparison Scorecard 6/9/2011 Town and Country Center Sustainability Assessment 174 North Palm Canyon Drive Palm Springs,CA 92262 Preservation Scheme Wessman Scheme d 3 6 a C LEED Criteria a Y 3 N Assumptions Y t N Assumptions Sustainable Sites SSpi Construction Activity Pd{ution Prevention P Y Minimal site disturbance;very achievable Y Required by regulations. SSc1 Site Selection 4 i Not an environmenta{ty sensitive site. 4 Not an environmentally sensitive site. SSc2 Development Density and Community Connectivity 5 5 Urban context usually complies. 5 Urban context usually complies. SSc3 Brownfield Redevelopment i 4 Not a brown field. i Not a brownfeld. SSc4.1 Altemative Transportation:Public Transportation Access 6 6 SunUne routes 12&16. 6 SunLlne routes 12&15. SSc4.2 Alternative Transportation:Bicycle Storage at Changing Rooms 1 1 Achievable wHh(1)bka rack&(1) t Achievable with multiple bke racks shower faciltty. and shower WIN". If existing parking Is retained, If facility parking m provided, achievable with argrisp.If existing 3 achievable with n Is Provided, if SSc4.3 Alternative Transportation:Low Emission&Fuel Efficient Vehicles 3 3 perking is developed,compliance centralized parking fa provided, would require a district approach. compliance would require a district ro appach. SSc4.4 Alternative Transportation:Parkin Capacity 2 2 No new parking Complant only if minimat parking P g Pa Y Pa g provided. 2 .Provided. Possible if courtyard is predominantly Not possible,assuming full buildout SSc5.1 Site Development:Protect ar Restore Habitat 1 1 landscaped with nativeladeptive 1 of site vegetation. SSc5.2 Site Development:Maximize Open Space 1 1 Courtyard meets open space 1 Not possible,assuming full buildout requirements. of site. Possible w+th surface structures in Not possible,assuming full buildout SSc6.1 Stormwater Design:Quantity Control 1 1 courtyard,coordinated with 1 of site landscaping. Possible with surface st Wures in Not possible,assuming full buildout SSc6.2 Stormwater Design:Quality Control 1 i courtyard,coordinated with 4 of site. landscaping. Existing concrete is ilght in cobr and Achievable only if asphalt roadway is SSc7.1 Heat Island Effect:Nan-Roof 1 1 shaded 1 not considered part of the project arts. SSc7.2 Heat Island Effect:Roof 4 i Assuming that roof replacement Is 4 Code mandates white roof if low- required,code mandates white roof. slope. SSc8 Light Pollution Reduction 1 1 Existing"shosbox"luminaires appear 1 Achievable,R no upiighting used. lobe compliant. Sustainable Sites subtatals 26 is 7 1 43 a 5 LEED-DC 2009 New Construction Scorecard Comparison Matrix 6/9/2011 Page 1 of 4 c 2011 Ecotype Consulting, Inc. I Town and Country Center Town and Country Center Sustainability Assessment Sustainability Assessment Preservation Scheme Wessman Scheme Preservation Scheme Wessman Scheme N Assumptions Y 7 N Assumptions N Assumptions Y 7 N Assumptions Narrow building footprint Insures 1 Achievable Would require replacement of Y Required by CALGreen code, views from nearly all spaces plumbing fixtures. 2 4 q 2 Assuming no reclaimed water Assuming no reclaimed water 2 available Drip irrigation& 2 2 available.Drip irrigation& Achievable. 1 Achievable. nativeladaptive landscape palette nathWisclaptfve iandecape palette required. required. pgple, 1 Achievable. 1 Achievable. 2 Not normstiy feasible 2 Not normally feasible. Achievable• Would require replacement of Achievable. 1 Achievable. 1 plumbing fixtures with very low-flow 3 1 Would require very low-flow fixtures. Achievable, 1 Achievable. fixtures. Assume a LEED professional on the i Assume a LEED professional on the 5 0 5 5 desigNoonstructon team. designiconstnxdion team. 0 1 5 0 Recommended practice when Y Required by CALGreen code. See SSc1. Sea SSc1. Iighting/HVAC systems are replaced. 1 See SSc2. i See SSc2. Requires 10%improvement over See SSo4A. 1 SBe SSo4A. Title 24,Easily achievable assuming Y Easily achievable on new envelopellighting/HVAC is improved construction. See WEc1. 1 See WEcl. or replaced. 1 See yyEc3 1 See WEc3, All new HVAC is compliant. Y All new HVAC Is compliant See EAc2 1 See EAc2. Assuming 22%better than Energy Assuming 22%baiter than Energy 0 Maximum 4 points allowed. 3 1 0 Maximum 4 points allowed. f 1 Code.LEED grants higher credit to 6 13 Code LEED grants higher credit to 21 27 57 32 existing buildings, existing bulidtngs. Up to 7 points for up to 13% 7 Up to 7 paints for up to 13% renewable energy. renewable energy. Recommended practice when 2 Recommended practIce lighting/HVAC systems are replaced. Not achievable,assuming eNher Achlevable only with hydronic central 2 package HVAC or VRF system. 2 plant system.Not typical for assumed 4 story hole!building. Recommended practics. 3 Recommended practice. Very inexpensive for a facility of this 2 Achievable,but not as affordable for size Larger fecllitin. 13 0 20 is Provide a treshlrecyclIng enclosure. Y Provide a trash/recycling enclosure. AN exterior weds.floors,and roof to remain.Windows and roofing 3 Existing building is demolshed. material are exempt. 50%of interior elements assumed to t Existing building is demolished. remain. Scorecard Scorecard Page 4 of 4 0 2011 Ecotype Consulting,Inc. Page 2 of 4 0 2011 Ecotype Consulting,Inc. Town and Country Center Sustainability Assessment Preservation Scheme Wessman Scheme u a d J7 c LEED Criteria Y 7 N Assumptions Y ? N Assumptions Materials a Resoames(cent.) Credit Is easier to achieve in Credit is harder to achieve with MRc2 Construction Waste Management 2 2 rehabi(fthtmn:less waste,materials 2 demollbon more waste,materials are are deconstructed rather than wrecked and mixed rather than wrecked and mixed. deconstructed. Demolished materials may be used 2 Demolished materials may be used MRc3 Materials Reuse 2 2 onslts for new purposes. onsba for new purposes. MRc4 Recycled Content 2 2 Up to 2 points for up to 20%recycled 2 Possible only d steel frame building. content. MRcS Regional Materials 2 2 Up to 2 points for up to 20%recycled 2 Possible only If concrete or masonry content. block budding. Rehabilitation project will have high percentage of Interior finish MRc6 Rapidly Renewable Materials 1 1 materiels.It Is much easier to find 1 Very unlikely In new construction, rapidly renewable content in Interlor finish materiels. MRc7 Certified Wood 1 1 50%of all now wood assumed to be 1 Very unlikely R wood-framed buckling. FSC certified. Materials @ Resources subbotals 14 4 10 0 0 9 5 Indoor Environmental Quality EQp1 Minimum IAQ Performance P Y Ragwred by Energy Code,assuming Y Requlred by Energy Code. HVAC is replaced. EQp2 Environmental.Tobacco Smoke Control P Y Required by state low. Y Requlred by state law EQc1 Outdoor Air Delivery Monitoring 1 1 Possible assuming HVAC Is 1 Achievable. replaced. EQc2 Increased Ventilation 1 1 Achievable. 1 Achievable. EC) A Construction IAQ Management Plan-During Construction 1 1 Achievable. 1 Achievable. EQ6.2 Construction IAQManagement Plan:Before Occupancy 1 1 Achievable. 1 Achievable. EQc4.1 Low-Emitting Materials:Adhesives&Sealants 1 1 Required by SCACIMD. 1 Requlred by CALGreen code. EQc4.2 Low-Emitting Materials.Paints 8 Coatings 1 1 Requxed by SCAQMD. 1 Required by CALGreen code. EQc4.3 Low-Emitting Materials:Carpet Systems 1 1 Achievable. 1 Required by CALGreen code. EQc4 4 Low-Emitting Materials:Composite Wood It Agrifiber Products 1 1 Required by CARB. 1 Required by CALGreen code. Not achievable Requires walk-off Not achievable,assuming multiple EQc5 Indoor Chemical ft Pollutant Source Control 1 t grates at all exterior entrances,which 1 street-facing entrances.Requires Is not feasible walk-off grates at all exterior entrances,whtctr is not feasible EQc6.1 Controllability of Systems:Lighting 1 1 Achievable. 1 Achievable EQc6.2 Controllability of Systems:Thermal Comfort 1 1 Achievable, 1 Achievable. EQc7.1 Thermal Comfort:Design 1 1 Achievable. 1 Achievable EQ0.2 Thermal Comfort:Verification 1 1 Achievable. 1 Achievable. Not achievable with exsting Not achievable,assuming four-story EQc8.1 Daylight and Views:Daylight 75%of Spaces 1 1 fenestration. 1 building and footprint as shown on plan. LEER-DC 20D9 New Construction Scorecard Comparison Matrix 6/9/2011 Page 3 of 4 (D 2011 Ecotype Consulting,Inc. Town and Country Center Sustainability Assessment Preservation Scheme Wessman Scheme 4 a n c LEED Criteria n Y 3 N ,Assumptions Y N Assumptions Indoor Environmental Quality(cant.) EW.2 Daylight and Views:Views for 90%of Spaces 1 1 Narrow building fcotpnnt Insures 1 Achievable views from nearly alt spaces. Indoor Environmental Quality subtotals is 4 9 2 4 9 2 Innovation 8 Design Process iDcl.I innovation in Design 1 1 Achievable 1 Achievable. IDc1.2 innovation in Design 1 1 Achievable 1 Achievable. lDcl.3 Innovation in Design 1 1 Achievable 1 Achievable. IDc1.4 Innovation 1n Design 1 1 Achievable 1 Achievable. ID0.5 Innovation in Design 1 1 Achievable. 1 Achievable. IDc2 LEED Accredtted Professional 1 1 Assume a LEED professional on the I Assume a LEED prolassionei on the deslgnfconstruction team. designlconstructon team_ innovation&Design subtotals 6 1 s 0 1 5 0 Regonal Priority:92262 Ski Site Selection 1 1 Sae SSci. f Sea SS0, SSC2 Development Density and Community Connectivity 1 1 See SSc2. 1 See SSc2. SSc4.1 Alternative Transportation:Public Transportation Access 1 1 See SSo4.1. t See SSc4.1. WEcl.i Water Efficient iandscap}ng 1 1 See WEci. 1 See WEci. WEc3 Water Use Reduction(40%) 1 1 See WEc3 1 See WEc3. EAc2 On-Site Renewable Energy(1%) 1 1 See EAc2. t See EAo2. Regional Priority subtotals 4 3 1 0 Maximum 4 points allowed. 3 1 0 Maximum 4 points allowed. Total 110 30 59 11 21 57 32 (Certified 40.49 points,Silver 50-59 points,Gold 60.79 points,Platinum SO-I10 points). LEED-DC 2009 Comparison Mattrrix Construction 9 201�tion Page 4 of 4 a 2011 Ecotype Consuttinge In. Town and Country Center Sustainability Assessment APPENDIX B CONSULTANT'S QUALIFICATIONS Eric R. Shamp, AIA, NCARB, LEED®AP Principal, Ecotype Consulting Eric Shamp is a licensed architect, and has dedicated his career to the practice of sustainable design and development for the past eight years. He founded Ecotype Consulting in order to respond to the ever-increasing demand for green building consulting in and around the inland communities of southern California. By locating the business in a historic daylit building with operable windows within biking distance of his home, he has reduced his personal carbon emissions by more than 50%. From 2000 to 2008, Mr. Shamp was responsible for directing and coordinating sustainable design efforts at HMC Architects, a 450-person architecture firm with 10 offices, headquartered in Ontario, California. In that role, he was responsible for research, education, marketing, and consulting in energy and resource efficient design. He provided sustainability master planning, energy analysis and modeling, whole building analysis, materials research, sustainable design and site planning, and "green team" building for a wide variety of projects for HMC project teams and directly to clients. In 2006, he was named corporate-wide Sustainable Design Director and was promoted to Associate Principal. At that time, he also established the HMC Sustainable Design Studio, and oversaw its development as a specialized sustainable design service provider within HMC. The Studio grew to a staff of four before Mr. Shamp left the firm to pursue independent consulting. Mr. Shamp has been active on the Collaborative for High Performance Schools (CHPS) Technical Committee, the California Department of Water Resources Alluvial Fan Task Force, the AiA Inland California Blueprint for America Task Force, and the City of Redlands Climate Action Task Force. He serves on the City of Redlands Planning Commission, and is the former vice- chair of Redlands' Historic and Scenic Preservation Commission. He is an executive committee member of the Redlands' Climate Action Task Force, charged with leading the development of green building standards for the city. In keeping with his belief that sustainable design must become mainstream in order to have a positive effect on our quality of life, Mr. Shamp provides LEED training through the US Green Building Council - Inland Empire, and 39 has served as instructor or guest lecturer at UC Riverside Extension, San Bernardino Community College, and the University of Redlands. Mr. Shamp holds a Bachelor of Arts with a double major in architecture and art/art history and a Bachelor of Architecture, both from Rice University. He has bccn a licensed Architect in the state of California since 2003 (license number C29013), and is accredited with the National Council of Architectural Registration Boards (NCARB). He is also a Qualified Commissioning Provider (QCxP), a LEER*Accredited Professional since 2003, and a member of the American Institute of Architects, US Green Building Council, ASHRAE, and the California Association of Building Energy Consultants. 40 Page 1 of I Ginny Foat From: Kathleen Lay [klayace@gmail.com] Sent: Wednesday, June 15, 2011 12:28 PM To: Steve Pougnet; Lee Weigel; Ginny Foat; Chris Mills; Rick Hutcheson Subject: Downtown Palm Springs Development Dear Mayor. Mayor pro em and Council Members: I full- intended to be at this evening's city council meeting, but I will be late if I make it at all. At this time. I am against the over-development and increased density of the new shopping plaza. Additionally, there does not appear to be adequate. sufficient open pedestrian space. The "tear it down" and put up new seems to be out sorts with current environmental dictates. Also. I have yet to read if any green technologies will be utilized/implemented with the construction. Hopefully. this short. last minute opposition email will be read prior to this evening's meeting. And last note. I used to live and«ork in Boston. Some big New York city developer came in and bought the Filene's block and tore it all down except the exterior walls of the original building. His firm's plan was to rebuild the block into retail, office, residential. restaurant. Guess what? It hasn't happened. And when Mayor Menino read the developer brag about getting tax rebates in NYC to finish his any eyesore development there. Mayor Menino said not in my town, more or less. We, as a community. should not want deN elopment for the sake of development. What we should end up with should enhance not only our environment but out quality of life. I'm not sure this project accomplishes this goal. Kind regards. Kathleen Lay 197 Vereda Norte #2,just uptown from the site 6/15/2011 RECEIVED RECEIVED TO: CRAIG EWING i" P;L ri S DIRECTOR OF PLANNING 2011 JUN _9 PM 5: 19 n S CITY OF PALM SPRINGS i s i T t4 u r r PLANNING SERVICES FROM: PALM SPRINGS PROMENADE, LLC CITY C L E R DEPARTMENT WESSMAN HOLDINGS, LLC RE: DEVELOPMENT AGREEMENT FOR DOWNTOWN REVITALIZATION PLAN Dear Craig: We are encouraged by the tremendous amount of support we have received from the community for this project thus far, and we don't want anything to risk dampening that enthusiasm or otherwise impede our forward progress. On or before July 20, 2011,the City of Palm Springs and our company must reach agreement on a Project Financing Agreement, ("PFA"),that will facilitate the purchase of assets from us, i.e. the existing 1054 space parking garage, land for new public streets and future possible museum expansion. The PFA will bring definition to the financial participation by the City and our company including a binding timeline for all parties to complete the core Downtown Revitalization Plan by late 2014. It will also clarify that public assets, including but not limited to parking garages, parking lots and public streets,will remain in public ownership and will not transferred to private interests. If the City Council elects on July 20th to place a ballot measure for the November 8th election, the citizens of Palm Springs will have an opportunity by their vote to support a public-private partnership. This will revitalize the core of downtown and put Palm Springs back on the track toward economic viability by creating new jobs, new additional building projects in the core downtown and new hotel and residential construction, increasing sales tax, room revenue taxes, and creating new opportunities for the Convention Center. The community has made it very clear that this is where they want the City and us to focus our efforts and to work together to make this a reality. The Development Agreement that was submitted to the Planning Commission on May 251"was to address future expectations for the future development of projects not part of the Downtown Revitalization Plan. However,we do not want confusion about the future plan to affect the progress on the things we do know and can resolve to ensure that the core Downtown Revitalization Plan and the public-private partnership will go forward. To that end,we are today withdrawing our request for a Development Agreement at this time. ESS N DING , By: J HN WESSMAN, Its Managing Member 1.13. CONSIDER THE APPROVAL OF A DEVELOPMENT AGREEMENT WITH WESSMAN DEVELOPMENT FOR THE RENOVATION/REMODEL OF THE DESERT FASHION PLAZA AND RELATED PROPERTIES IN ACCORDANCE WITH THE MUSEUM MARKET PLAZA SPECIFIC PLAN LOCATED AT 123 NORTH PALM CANYON DRIVE AND RELATED PROPERTIES (CASE 5.1204): RECOMMENDATION: Materials to follow. MATERIALS TO FOLLOW Item No. 1 . 8 .