A potential dispute over the restoration of the Plaza Theater has arisen following a breakdown in negotiations between Palm Springs officials and the owner of the property the city says it must acquire in order for the project to move forward.
At a meeting held on Thursday, City Attorney Jeffrey Ballinger revealed that the city does not have enough exits and entrances to the theater to comply with California law. The state building code requires a 20 foot entrance and exit to the theater in case of fire, earthquake or other public safety issue. The city currently has a 10-foot easement in and out of the property, and has been working with neighboring property owners to secure another 10 feet.
However, the negotiations apparently did not go well, as the city on Thursday broke ground on the patio area of the Italian restaurant Kalura Trattoria, which is located within the corridor leading to the theater.
The patio of Kalura Trattoria is shown in front of the Plaza Theater in an undated photo shown during a presentation to the Palm Springs City Council on Thursday, Nov. 21, 2024.
“With a theater that has a 700-plus-seat capacity, you can imagine how important it is to have that easement,” Ballinger said during the meeting, “especially to get out of the stadium in case of an 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 says it needs to continue the eminent domain process in order to meet “important late-stage projects.”
Construction on the Plaza Theater is currently expected to be completed in the fall of 2025, with an expected opening later that year.
The deep tunnels will house the improved ventilation 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 the proposed amendment, which is the first step in getting the building through the landmark district.
Their action was opposed by Kalura Trattoria and the building’s owner, Grit Development.
“The proposed plan does not impose public pressure. Private interest is prioritized,” owner Ignazio Battaglia said at the meeting. “The project helps the private sector with the money for our business.”
Kalura Trattoria has been near the Plaza Theater for more than 20 years, and moving the patio would put the family’s lifestyle at risk, Battaglia said. Patrons also said during the meeting that the patio served as the signature atmosphere of the restaurant.
The city offered to work with the restaurant to move the patio to the front of the building. However, the city’s offer was not discussed with the restaurant’s supporters. Grit Development said in an email to The Desert Sun that the company has a policy not to comment on ongoing legal matters.
The city plans to continue negotiating with the building’s owners before moving to the historic site, officials said at the meeting.
“We’re trying to make this work as efficient as possible so they have access to the patio and the patio,” Mayor Jeffrey Bernstein said.
The city of Palm Springs owns the Plaza Theater and has provided millions in restoration. Oak View Group, which owns Acrisure Arena, has been brought in to run the entertainment complex. The Palm Springs Plaza Theater Foundation is leading fundraising efforts for the multi-million dollar project.
Sam Morgen covers the city of Palm Springs for Desert Day. Reach him at smorgen@gannett.com.
This article originally appeared on Palm Springs Desert Sun: Palm Springs restaurant fights city plan to take over its patio.