Downtown restaurant fights Palm Springs’ plan to take over its patio for Plaza Theatre

Downtown restaurant fights Palm Springs’ plan to take over its patio for Plaza Theatre

A potential wrinkle in the restoration of the Plaza Theatre has emerged following the apparent breakdown in negotiations between Palm Springs officials and the owner of a property the city says it must acquire in order for the project to move forward.

At a meeting on Thursday, City Attorney Jeffrey Ballinger publicly revealed the city did not possess sufficient space to exit and enter the theater to comply with California law. The state building code requires 20 feet for entering and exiting the theater in case of a fire, earthquake or other public safety issue. The city currently has a 10-foot easement into and out of the property, and has been working with the owner of the neighboring buildings to secure an additional 10 feet.

However, negotiations have apparently not gone well, as the city on Thursday began the eminent domain process for the patio of the Italian restaurant Kalura Trattoria, which lies within the walkway to the theater.

The patio of Kalura Trattoria is shown in front of the Plaza Theatre in an undated photo shown during a presentation of the Palm Springs City Council on Thursday, Nov. 21, 2024.

“With the theater that has a 700-plus-seat capacity, you can imagine how important it is to have this easement,” Ballinger said during the meeting, “especially to get out of the theater in case of emergency.”

Eminent domain allows cities to take private property for public use, while providing compensation to the owners. It is rarely used and is usually a measure of last resort. The city claims it must proceed with the eminent domain process in order to meet “critical project deadlines.”

Construction on the Plaza Theatre is currently projected to be completed in the fall of 2025, with an opening expected later that year.

Deep trenches will house an updated air conditioning system in the Plaza Theatre’s auditorium, as seen on July 25, 2024.

On Thursday, the city council voted 4-0, with Councilmember Christy Holstege absent, to approve a resolution of necessity, which is the first step in acquiring a property through eminent domain.

Their action was opposed by Kalura Trattoria and the building’s owner, Grit Development.

“The proposed project does not serve a compelling public interest. Private interest is prioritized,” owner Ignazio Battaglia said during the meeting. “The project benefits private entities at the expense of our business.”

Kalura Trattoria has been located next to the Plaza Theatre for more than 20 years, and moving the patio puts the family’s livelihood at risk, Battaglia said. Patrons also said during the meeting the patio served as as a signature part of the restaurant’s atmosphere.

The city has offered to work with the restaurant to move the patio to the front of the building. However, the city’s offer was not discussed by supporters of the restaurant. Grit Development said in an email to The Desert Sun the company has a policy of not commenting on ongoing legal matters.

The city plans to continue negotiating with the building’s owners before resorting to eminent domain, officials said during the meeting.

“We’re trying to make this work as best as possible so that they can have the benefit of the plaza and a patio,” Mayor Jeffrey Bernstein said.

The city of Palm Springs owns the Plaza Theatre and has dedicated millions for the restoration. Oak View Group, which owns Acrisure Arena, has been brought on to run the entertainment venue. The Palm Springs Plaza Theatre Foundation is leading fundraising efforts for the multimillion-dollar project.

Sam Morgen covers the city of Palm Springs for The Desert Sun. Reach him at [email protected].

This article originally appeared on Palm Springs Desert Sun: Palm Springs restaurant fights city’s plan to take over its patio

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