CITY COUNCIL STAFF REPORT
DATE: July 15, 2015 PUBLIC HEARING
SUBJECT: AN APPEAL BY 0 & M HR, LLC, OF THE HISTORIC SITE PRESERVATION BOARD ACTION TO INITIATE STUDY FOR POSSIBLE CLASS 1 HISTORIC SITE DESIGNATION AND A STAY OF DEMOLITION FOR "THE TAHQUITZ PLAZA" BUILDINGS, LOCATED AT 600 TO 750 E. TAHQUITZ CANYON WAY, ZONE REO (CASE HSPB #97).
FROM: Department of Planning Services
SUMMARY
The City Council will consider an appeal by 0 & M HR, LLC, seeking to reverse the decision of the Historic Site Preservation Board (HSPB) to initiate a study of the Tahquitz Plaza complex for Class 1 historic designation, and to lift the associated 120- day Stay of Demolition.
RECOMMENDATION
1. Open the public hearing and receive testimony.
2. Adopt Resolution No. __, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL BY 0 & M HR, LLC, REGARDING THE ACTIONS BY THE HISTORIC SITE PRESERVATION BOARD TO INITIATE A STUDY OF THE TAHQUITZ PLAZA COMPLEX FOR CLASS 1 HISTORIC DESIGNATION AND IMPOSING A 120-DAY STAY OF DEMOLITION FOR THE PROPERTIES LOCATED AT 600-750 EAST TAHQUITZ CANYON WAY, ZONE REO (CASE HSPB #97).
BACKGROUND INFORMATION
Related Relevant Actions bv Plannina, Sui/dina, Fire, etc. A building permit was issued for the buildings at 600-650 E. Tahquitz 09/25/73 Canyon Way (Permit #B-6746). A building permit was issued for the buildings at 700-750 E. Tahquitz 06/04/76 Canvon Way (Permit #B-1 01 08).
ITEM NO.---:...\\?.:;..___ City Council Staff Report HSPB #97 (Appeal) July 15, 2015- Page 2 of 5
Related Relevant Actions by Planning, Building, Fire, etc. The City Council approved applications for a nine-story Hard Rock Hotel development with 499 guest rooms and associated facilities on the subject site and abutting property to the north, and certified a 10/03/07 Mitigated Negative Declaration (MND) for the project (Case # 5.1156 PD-339, TTM 35600). The Planning Commission later approved minor modifications to the project on 08/27/08. The AAC considered a request for the construction of a mixed-use development including 74 residential units, 17 live/work units, and 3,000 square feet of commercial space on the subject site and the 01/12/15 abutting property to the north (Case # 5.1361 PD-375, 3.3820 MAJ and TTM 36876, referred to as "Aberdeen"). The AAC voted to table the request pendinQ a redesiQn of certain elements of the project. The AAC voted 7 to 0 to recommend denial of the project, finding that 01/26/15 the proposed development did not conform to the Section 14 Specific Plan development standards. The Planning Commission reviewed the proposed mixed-use development (Case # 5.1361 PD-375, 3.3820 MAJ and TTM 36876) 02/25/15 and voted to continue the cases to a date uncertain pending modifications to the desiQn of the project. The Planning Commission reviewed a modified development plan for the project, which included the preservation of one of the four Tahquitz Plaza buildings. The Planning Commission voted 4 to 3 to 03/25/15 recommend denial of the revised plan, finding that the revisions still did not meet the development standards for the Section 14 Specific Plan or the City's high-rise building regulations. The City Council was scheduled to review an appeal, filed by 0 & M HR LLC, relative to the denial of the applications by the Planning 04/15/15 Commission. The Council took no action on the item due to the lack 1 of a quorum; the appeal was not rescheduled. 0 & M HR, LLC submitted a letter to withdraw all land use 05/28/15 applications associated with the Aberdeen development (Case #
------. 5.1361 PD-375, 3.382,QJv1AJ and TTM 36876). A demolition permit application was submitted by the property owner 05/28/15 to the Department of Building & Safety for demolition of the Tahquitz Plaza complex. The Building & Safety Department notified the property owner that although the permit (#2015-1797) was ready for issue, an appeal of 06/01/15 the demolition permit had been filed and that the appeal would be heard by the Building Code Appeals Board. The Historic Site Preservation Board (HSPB) voted 7 to 0 to initiate a study of the Tahquitz Plaza complex for possible designation as a 06/09/15 Class 1 historic site. In a separate action, the board approved a 120- day Stay of Demolition to allow for the completion of the study and public hearings associated with the Class 1 designation process.
02 City Council Staff Report HSPB #97 (Appeal) July 15, 2015- Page 3 of 5
OVERVIEW OF APPEAL AND STAFF RESPONSE
5 On June 1 \ 2015, the Department of Planning Services received a nomination application for the Tahquitz Plaza complex from the Palm Springs Preservation Foundation. The application was distributed to the HSPB board members, and was discussed as Agenda Item #3C at the June 9, 2015 HSPB meeting. At the meeting, the board voted to initiate a formal study of the Tahquitz Plaza complex for consideration of the site for Ciass 1 designation, and approved a 120-day Stay of Demolition pending the outcome of the designation process. HSPB has not taken action on the study.
The applicant has appealed both actions of the HSPB, and states the following as the basis for the appeal:
0 & M appeals the HSPB Actions on the grounds that the studies and investigations initiated by the HSPB are unwarranted, unnecessary, and an inappropriate use of taxpayer money. Specifically, the Buildings were the subject of prior historical studies (mostly recently, earlier this year) which determined that they were not a historic resource because they did not meet the applicable qualifications. In fact the City certified a CEQA document in 2007 and 0 & M received entitlements from the City in 2008 for a hotel project that approved the demolition of all 4 Buildings, finding that such Buildings were not historically significant. Notably, the Buildings do not even fall within the scope of the City's pending city-wide historic resources survey, since the City decided in 2014 to limit the survey to properties built prior to 1968 (the Buildings were constructed in 1974 and 1977).
Staff offers the following responses to the issues raised by the appeal:
2007 CEQA Certification Regarding the CEQA document certified by City Council in 2007, a Mitigated Negative Declaration was approved for a proposed hotel project in 2007. The project called for the demolition of all of the Tahquitz Plaza buildings to allow for the construction of a nine-story hotel development with 499 guest rooms and associated hotel facilities. The environmental review in 2007 did not identify the buildings as a historic resource, and did not require mitigation.
2015 CEQA Evaluation The 2015 development plan for the subject site called for the demolition of all of the Tahquitz Plaza buildings to allow for the development of the mixed-use "Aberdeen" project, consisting of 74 residential units, 17 live/work units, and 3,000 square feet of commercial space. The application was later revised to preserve one of the Tahquitz Plaza buildings. The MND prepared for the project under CEQA stated that no adverse change in the significance of a historical resource would occur through the development of the project, citing that the
0:) City Council Staff Report HSPB #97 (Appeal) July 15, 2015- Page 4 of 5
buildings were not currently listed, had not been included in any previous studies of historic resources, and did not meet the criteria for listing. A number of comment letters received in the course of the public comment period for the MND challenged this finding, and asserted that demolition of the Tahquitz Plaza complex would result in a potentially significant impact, and that an Environmental Impact Report should be prepared to assess the impact to cultural resources. The letters challenging the MND also suggest that the complex would qualify for preservation under the City's criteria listed in Palm Springs Municipal Code (PSMC) Chapter 8.05 relative to Class 1 designations. Opposing letters were received from the applicant's attorney, and from the Agua Caliente Band of Cahuilla Indians. As the City Council did not formally act on the Aberdeen project, the MND was not certified.
City wide Historic Resource Survey A contract for a city-wide historic resource survey and update was approved by City Council in July 2014. The contract was awarded to Historic Resources Group of Pasadena, California, and includes a reconnaissance-level survey of properties built through 1968 that have not been identified in previous surveys. As the Tahquitz Plaza complex was constructed after 1968, it has not been included in the city-wide historic resource survey. It should be noted that the complex was not included in the 2004 historic resource survey or any previous surveys.
While the complex was not listed in the previous historic resource survey and will not be reviewed as part of the current historic resource survey project, it is not disqualified from consideration as a Class 1 Historic Site based on the age of the buildings. Palm Springs Municipal Code (PSMC) Chapter 8.05 lists the criteria for consideration of local historic designation, but does not specify a minimum age for a building or structure to be considered. In comparison, the criterion provided by the National Register for Historic Places states that " ... properties that have achieved significance within the past 50 years shall not be considered eligible ... ", but makes an exception for those properties that are of exceptional importance or significance. The National Park Service provides separate guidelines for the evaluation and nomination of properties that are less than 50 years old, and provides a means by which to evaluate the qualities of exceptional importance and significance.
Should this appeal be approved, the Class 1 nomination process and investigation would be halted, and the Stay of Demolition lifted for the property. If this appeal is denied, the HSPB will then consider the nomination at a scheduled public hearing. In the event HSPB concurs with the nomination, HSPB would forward its recommendation to the City Council for action. The City Council would then approve or deny the Class 1 designation based on the recommendation of the HSPB and information presented in conjunction with the case.
04 City Council Staff Report HSPB #97 (Appeal) July 15, 2015- Page 5 of 5
CONCLUSION
While the Tahquitz Plaza complex has not been listed as a historic resource in previous surveys, public comments received in conjunction with the most recent development proposal suggest that there may be merit in evaluating the site against the criteria for Class 1 designation. However, that assessment cannot be made until a study is completed and the nomination is presented to the HSPB and City Council. Consequently, staff recommends denial of the appeal, with the understanding that any proposal for designation is subject to hearings before the HSPB and the City Council.
NOTIFICATION
A public hearing notice was published in accordance with the requirements of State law and local ordinance. As of the writing of this report, staff has not received any comment on the appeal request.
FISCAL IMPACT
No Fiscal Impact.
I c · J ~ Flinn Fagg, AICP =~ Director of Planning Services
<
David H. Ready, Esq., Ph.d City Manager
Attachments:
1. Appeal Letter 2. Draft Resolution 3. Public comment letters
,, c 0 5 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL BY 0 & M HR, LLC, REGARDING THE ACTIONS BY THE HISTORIC SITE PRESERVATION BOARD TO INITIATE A STUDY OF THE TAHQUITZ PLAZA COMPLEX FOR CLASS 1 HISTORIC DESIGNATION AND IMPOSING A 120-DAY STAY OF DEMOLITION FOR THE PROPERTIES LOCATED AT 600-750 EAST TAHQUITZ CANYON WAY, ZONE REO (CASE HSPB #97).
The City Council of the City of Palm Springs finds:
A. On December 11, 2014, 0 & M HR, LLC, submitted an application to the City of Palm Springs to develop a mixed-use project including 74 residential units, 17 live/work units, and 3,000 square feet of commercial space on the subject site and the abutting property to the north of the site.
B. The development proposal included the demolition of the Tahquitz Plaza complex, which was analyzed in the Mitigated Negative Declaration for the project under the California Environmental Quality Act. The initial study found that Tahquitz Plaza did not meet the requirements for consideration as an historic resource.
C. Public comment received in conjunction with the circulation of the Mitigated Negative Declaration both challenged and supported the finding that the complex was not a historic resource.
D. 0 & M HR, LLC, formally withdrew the applications for the mixed-use development on May 28, 2015.
E. On June 1, 2015, the Department of Planning Services received a nomination application for the Tahquitz Plaza Complex from the Palm Springs Preservation Foundation.
F. On June 9, 2015 the Historic Site Preservation Board voted to initiate a study of the Tahquitz Plaza complex for possible designation as a Class 1 historic site, and in a subsequent action, voted to impose a 120-day Stay of Demolition to allow for completion of the study and to conduct public hearings associated with the process.
G. On June 24, 2015, 0 & M HR, LLC, pursuant to Chapter 2.05 and Section 8.05.230 of the Palm Springs Municipal Code, filed an appeal of the actions of the Historic Site Preservation Board to initiate the study and impose the 120 day Stay of Demolition.
H. On July 15, 2015, the City Council held a public hearing to consider the Applicant's appeal of the HSPB's action to initiate the study for Class 1 designation and the 120-day Stay of Demolition.
0£ Resolution No. Page 2
I. At its public hearing conducted on July 15, 2015, the City Council has carefully reviewed and considered all of the evidence presented in connection with the appeal, including, but not limited to, the staff report, and all written and oral testimony presented.
J. The Council specifically finds that completion of the hearings and deliberations by the HSPB and the City Council on the question of Class 1 historic designation will provide full and adequate opportunity to review and consider the historic or cultural significance of Tahquitz Plaza. Granting the appeal will frustrate the ability of the City Council to ultimately and completely resolve this question in a timely manner.
The City Council of the City of Palm Springs resolves:
SECTION 1. The above findings are all true and correct.
SECTION 2. The City Council hereby denies the appeal submitted by 0 & M HR, LLC, related to the initiation of a study for Class 1 historic designation by the Historic Site Preservation Board, and upholds a 120-day Stay of Demolition for the Tahquitz Plaza Complex at 600- 750 East Tahquitz Canyon Way while the study is underway.
PASSED, APPROVED, AND ADOPTED this __ day of ___, 2015.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS )
07 Resolution No. Page 3
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 15, 2015, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
JAMES THOMPSON, CITY CLERK City of Palm Springs, California
OS RECEIVED t'l,",l~~ ~'
O&MHR,LLC ~0,JJUtl24 Pt-15·U j( . :.: C I: : :
June 24. 2015
\"lA I~LECTRONIC MAIL AND OVERNIGHT DELIVERY
Jame~ Thompson, City Clerk City nr Palm Springs 3~00 I· TahquitL Canyotl Palm Spnngs, CA 9226~
RL 1\ppcal of Case IISPB #97- "Tahquitz Plaza'' Application tbr Class I Historic Site Designation
Dear Mr Thompson:
I \\ritc to you on behalf or 0 & lvl. LLC (''O&M"). whose address is c/o Nexus Companies. 1 ivlacArthur I' lace. Suite 300, Santa Ana. CA 92707. O&M is the owner of the buildings located at 600. 650 and 700 Ea~t Tahquilz Canyon Way and commonly known as the ''Tahquit1. l'la1.,t'' (collectively, the "Buildings").
i\s you may be awi\re. at its meeting on June 9. 2015, the Historic Site Preservation Board I"IISI'B'') (a) voted 7-0 to initiate studies and investigation on an application by the Palm Springs l'rcscn·ation Foundation {"PSI'F'') requesting Class l historical status for the lluildings, ~nd (h) voted 7-0 to place a stay of demolition on the Buildings (collectively, the ·'JISPB Actions"). O&M was notified of the llSI'B Actions by lettcrdated June 18,2015.
O&M has been aggrieved by. and its interest in the Buildings has been directly and adversely affected by. the HSl'B Actions. Pursuant to Chapter 2.05 and Section 8.05.230 of the Palm Spnngs Municipal Code (the '"Code''). O&M, as an aggrieved party, hereby exercises its right tu appc.tl each and both of the I ISPB Actions to the City Council of Palm Springs.
O&M appcab the HSPB Actions on the grounds that the studies and investigations purportedly initiated by the IISPB arc unwarranted, unnecessary, and an inappropriate usc of taxpayer mone). Specitically, the Buildings were the subject of prior historical studies (mostly rcccnllj. em·her this year) which determined that they were not a historic resource because they did not meet the ;tpplicnhle qualifications. In fact the City certilicd u CEQA document in 2007 und 0&\'1 received entitlements lrom the Cit) in 2008 for a hotel project that approved the dcmolilio11 of dll 4 Buildings, finding that such Buildings were not historically significant. Notably. the Buildings do not even fall within the scope of the City's pending city-wide historic
0 &M IIU,LLC I ~·!;,;Arthur Plucc, Suite 300. South C'oaSI Metro. C'alil'omia 91707 Phone (714) 546-5600 !'it' (7t4) 546-5660
09 June .24 . .2015 Page .2 of 2 resources survey. since the City decided in 2014 to limit the survey to propenies built prior to 1968 (the 13\lildings were constructed in 1974 and 1977). 1 ror these rcasolls, O&M hereby appeals each and both of the HSPI3 Actions and respectfully requests tlmt the City Council rescind each and both of the HSPR Actions. !'lease note that, concurrently herewith, O&M is remitting payment of the applicable appeal tee to the City Clerk CJ&M loob forll'ard to hearing back from you regarding a hearing date for its appeal. J can be tcachcd at (714) 546-5600 :<211 should you have any questions or desire any additional in fOrmation.
Very Truly Yours. 4ft~;?- Matthew B. Kaufman On behalf of 0 8:. M IIR, LLC cc: D I he grounds for O&M's appeal set forth herein are an addition to what 0&1\1 believes may constitute procedural and due process \•iolations relating to the time and manner in which the June 9'" meeting was conducted. O&M expressly reserves the right to ;;upplcment the basis for its appeal of the HSPB Actions as more information becomes avllilab\e to it. 10 Sean Matsler manatt Manatt. Phelps & Phillips. LLP manan I pheiiJSI phillips Direct Dial: (714) 371-2534 E-mail: [email protected] Aprill4, 20!5 ...., = """ c - ""'-o \ ,,r .> VIA E-MAIL ICITYCLERK(Ii)PALMSPRINGS-CA.GOV) ""' uo <.1'1 -~:n l lonurable Mayor Steve Pougnet and Members of the City Council ' ·~....::: -a ,rn City of Palm Springs ~ ·0 3200 l::a'l Tahquitz Canyon Way r>;> Palm Springs, CA 922G2 N ~-- Rc: Agenda Item l.C: Aberdeen Project IJcar Honurablc Council members: This firm represents NDC Equitie• Downtmm PS. LLC (''Nexus") in connection with its application to construct a mixed-use project at the northeast corner ofTahquitz Canyon Way and Calle El Segundo ("Aberdeen Project," Agenda Item l.C on the April 15, 2015 City Council agenda). This letter responds to allegatiorL' and argument' raised by membc" of the public in connection witl1 tbe Aberdeen Project. specilioally the letter,; submitted by Chatten-Brown & Carstens, LLP (o~ behalf of the Palm Springs Modern Committee), the National Trust for Historic Preservation, the California Otlke of Historic Preservation, Docnmomo VS, and Alan Hess alleging that the environmental analysis and conclusions contained in the Initial Study/Mitigated Negative Declaration prepared for the Aberdeetl Project ("Aberdeen MND") are flawed. As demonstrated below, none of the commenters have raised a fair argtunent that the Aberdeen Project requires preparation of an Environmental Impact Report, nor have they presented any evidence that would undermine a tinding by this City Council that the existing structures on the Aberdeen Project ("Tahquitz Plaza'') site arc not historic. We specifically highlight the following facts for your consideration: • Building Age- Tahquitz Plaza was not built in 1971, Rather, tl1e building permits on lilc with the City show that the structures at 600 and 650 Tahquitz Canyon Way were completed in 1974, while the structures at 700 Tahquitz Canyon Wuy were completed in I 977. (Fxhibit A.) • Ongoin~ City Historic Survey - The City's historic resource consultant, Historic Resources Group, confirmed in an April 9, 2015 letter that Tahqctil/, Plaza is not with the scope of the ongoing citywide historic resources survey. (hxhibit B.) That survey (which remains in draft fom1) only includes properties constructed 695 Town Center Dnve, 14th Floor. Costa Mosa, California 92626-1924 Telephone 714.371.2500 Fax 714 371.2550 Albany I Los Angeles I New York I Orange County I Palo Alto I Sacramento 1 San Francisco I Washington. D.C. 11 manatt manatt 1 pr,elps 1 phiPips City Council April \4.2015 Page 1 prior to \968. Suggestions that Tahquitz Plaza wa.s somehow deemed historically significant in the dra1l survey me theretorc false. Nexus rcopcctfully requests that the City Council uphold Nexus' appeal and approve the Abcrdc~n Project. I. Commenters Have Not Demonstrated a Fair Argument of Anv Significant Environmentallmracts. The California Environmental Quality Act ("CEQA") requires the preparation of a mitigHtcd negative declaration when a proposed project may have one or more potentially significant environmental impacts, but those impacts can be mitigated hy revisions to the project and there is no oubstantia\ evidence that the project, as revised, may have a significant crwironmcntal effect (Pub. Res. Code §, 21080(c)(2); CEQA Guidelines § 15064.5) A mitigated negative declaration is proper when project revisions would avoid or mitigate potentially significant impacts to a point where no significant effect on the envirorunent would occur, and there is no significant evidence, in light of the whole record, that a significant ctTcct may occur. (M~jia v. Ciry of Los Angeles (2005) \30 Cai.App.4th 322, 330-331.) Here, as discussed in detail below. commenters have nm prot-Tered substantial, credible evidence supportive or a fair argument that the Aberdeen Project will result in any significant impacts on the environment.' II. The City AppropriatelY Odcrmincd That Tahguitz l'laza Is Not a Historie Resource. CEQA vests a lead agency with the authority to make a "discretionary decision abotlt the historic significance of certain resources" by applying the three analytical categorie~ established by Public Resources Code Section 21084.1 and CFQA Guidelines Section 15064.5, subdivision 1 It is wcll·~cL1led that the standard of review applicable to negative declaration:) and mitigated negative declarations is the fair argument standard, whith provides that "any substantial evidence supporting a fair argunJCnt that a project may h:wc a significant environmental etlCct would triggt:r (he prt:paratiou of an le-nvironmental impact reportj." (CmJlmwriflt"s for a fJelfer Emdnmment l'. California Rr!source.s Agency (2002) 103 Cal.App.4th 98, 113.) llo\"'evcr, for a fair argument o~· an environmental in1pact, there mu:st be ;~substantial, credible evidence thut supports a fair argument" that impacts may occur. (Rominger v. County a,{ Colusa (2014) 229 Cal.ApP.4th 690, 721.) For f>J..:rposc.r; of CEQA, 5ubstantial e\•idencc ';means enough relevant informution ur.d rci:l:;onablc inferen(.:e:l from [his informa:it~n lhat a fair arg:1ment can be made to support a conclusion, even though other conclusions. might also be reached." (CF()A Guidelines § 15384(a).) It incl1.1des "facts, rcasonablt as!\umption predicated upon f 1' manatt man at! 1 phelps 1 phillips City Council April14,2015 Page 3 (a). (Citizen.> jar Re.1·toration of l. Street v. Cily of Fresno (20 14) 229 Cal.App.4th 340, 368- 369.) Public Resources Code Section 21084.1 and CEQA Guidelines Section 15064.5 establish the general mles for classifying a resource as historic as follows: I. A resource rnusl be considered a historic resource if it is listed in, or determined to be cligi ble for listing in, the Cali Cornia Register of I Jistorical Resources. 2 A resource is presumptively a historic resource if it is included in a local register of historic rcsourc~s, us defmcd by Public Resources Code Section 5020. I, subdivision (k), or idcntiticd as signiticant in an historical resource survey meeting the requirements of Public Resources Code Section 5024. l, subdivision (g). 3. A resource may be considered to be a historic resource if the lead agency detennines that the resource is historically significant. [t is undispmed that Tnhquitz Plaza is not a historic resource under categories (I) or (2), above. 1 No portion ofTahyuitz Plaza is listcJ in, or has been determined to he eligible for listing in, the California Register of Historical Resources. Moreover. as noted in the April 15, 2015 City Council Staff Report, Tahquitz l'la?.a ha' not been identified as a historic resource in any local register of historic resources or identified as signifietmt in any historic resource survey. (April 15, 2015 Staff Rcp01t at 16.) Therefore, under category (3), above, the City has discretionary authority to determine whether or not Tahquit? Plaza is a historic resource for purposes ofCEQA a. The Citv 's DiJcrelionarv Determinmion That Tahquilz Plaza Is No/ a Hisraric Raource is Suppofled By Substomia/ Evidence. With respect to historic resources, CEQA is clear that a determination of whether a rosourcc is historic must precede any analysis of whether a project will have a signiticant impact on the historic resource. (C:i!iz~nsfnr Re.l'loralion of L S11·eet, 229 Cal.App.4th at 369 [holding thut a lead ugem;y must re::-;olvc "the question of whether an object is an historical resoun:e .. , belore it applies the fair argument standard to determine whether the pwjcct may have a significant adverse impact on the environment"].) [f the rcsomcc is not historic, and thus not part of the environment protected by CEQA, the potential significance of project-related impacts tH:ed not be evaluated. ~Please note th<~.t t~e previomly prepared lniti~l StmlyiMitigated Negative Dcdar:aticn prepared far the l-Iard Rock Hotel, which was h) be sited at th~ Mime lO<:ation as the Aherdeen Project, likewise determined that Tahqui\7. Plaza was not a historic re~ource under CEQA. T!1e conclusions of that Clwironmcnta\ document with respect to the histol'icity ofTahquitz Pla7il wcr~ non-controversial. manatt manatt 1 phelps 1philhos City Council April 14,2015 Page 4 The commcntcrs try and contlatc this two·stcp analysis by arguing that the t\berdeen Project would demolish the "historically signilicant" Tallquit% Plaza and, therefore, would have significant historic resource impacts. This i11terprctation is misleading and inconsistent with applicable c:1sc law. As noted in Valley Advocates t'. City of Fresno, only after it has been detel"lnined that the resource is historic does the fair argument standard apply to the question of Whether the proposed projcd may CUliSC a SUbstantial adverse change in the significance of an historic resource.' (Valley Advocates v. City of Fresno (2008) I 60 Cal.App.4th \039, I 072.) At step-one of the analysis, the substantial evidence standard, not the fair argument standard, applies to a lead agency's determination of whether a resource is of historical significance. (Citizens/or Nest ora/ion olL Street, 229 Cal.App.4th at 369 [concluding that ''the substantial evidence test ... applies to a lead agency's discretionary determination of whether a building or district is an historical rcsonrcc for purposes nfCEQA"J; Valley Advocates, \60 Cai.App.4th at 1072.) The substantial evidence standard is highly deferential to lead agency decisions. When reviewing an agency's decision for substantial evidence, courts "must indulge all reasonable mfercnces ]rom the evidence that would suppon the agency's detenninations and resolve all conflicts in the evidence in liwor of the agency's decision!' (California Narivc Plant Society v. City ~~f'Sw11a Cruz (2009) 177 Cal./lpp.41h 95 7, 985.) This standard of review reflects the fact that "the agency has the discretion to resolve factual issues and to make policy decisions." {Save Our Peninsula Com mille<' v. Monterey Counry Bd of Supervisors (200 I) 87 Cal.App.4th 99, 120; Laurel !leights Improvement Assn. v. Regents of Univ '!/Cal. (!988) 47 Cal.Jd 376, 393 [courts "must resolve reasonable doubts in favor of the administrative finding and decision ... "].) for purposes of CEQJ\, substantial evidence includes "J:1cts, reasonable assumptions predicated upon facts, and expe11 opinion supported by facts." CEQA Guidelines§ 15384(b). Moreover, a lead agency is free to reject criticism from an expert or regulatory agency on a given issue as long as its rea>ons lnr doing so are supported by subst Here, the City's determination that Tahquitz Plaza is not u hisloric resource is supported by substantial evidence in the administrative record, including but not limited to the following: 1 Comrncnlcrs argue tt"ti3t the decision in An..:hite,·turnl Heritage Asso ...·rution v. County of Monh~ny (:!004) 122 Cai.AppAth 1095 mandatts <:determination that Tahquirz Pla7..a is a historic resource. However, like commcntcr:; other conleHtions, thb too is misleading. An:hili!clura{ Jlerilagt: AssociaUvn v. County of Monterey has been comtrucd mmuwl)' iJ1 sub~equent decisions, with court~ specifying that it stands. for th-~.: propo!'.ition that tile fair argument standard ~pplics when the lead agency (J} determines in its initial study lhat a buildt~g is an historical rc:;ourcc and (2) ~ubsequently wishes to claim the determination was not suppo1tcd by substantial evidence. These fm:tuul circumstances arc not presenl here. Therefore, the substantial c~r·idence standard ap-plies. manatt me:"''att l phelps 1 phillips City Council Aprill4. 2015 Page 5 • first, Hugh K~plur, architect of Tahquitz Plazn, only recently gained informal recognitjon for his contributions to Palm Springs· architecture~ and !hat recognt!IOn has been as~ocialed with his residential projects, not his commercial/municipal projects (e.g., Tahquitz Plaza). For instance, his most noteworthy projects include the Steve McQueen l!ouse and the William Holden !louse. The commcntcrs present insuflicient evidence to demonstrate that Tahquitz l'hu.a is, in liJcl, a unique or major llugh Kaptur design. • Second, Tahquitz Plaza does not have a high mtistic value. The " • Third, Hugh Kaptur, while noteworthy, should not be considered a "master architect" lmdcr the defmition proffered by the Department of the Interior. The criterion for the National Register of llistoric Places considers a master architect a designer "whose individual genius has influenced his or her age." (Guidelines for Cmnpleling National Register FormJ, National Register Bulletin 16, LJ.S. Dcprntmcnt of' Interior, National Park Service, September 30, 1986.) Kaptur's limited inllucncc within i'alm Springs should preclude him from designation as a master architect. • f'ourth, the commcnters allege that Tahquit/. l'laLa is a rare collection of 1rodcrn civic center buildings and, on that basis. it represents a historic resource. Hmvcvcr, even asswning for the moment that Tahquitz Plaza can be considered rare, rarity is not a criterion used to determtnc historic value and is not alone a sunicicnt reason for a building to be eligible as a historic resource. lt would also be inaccurate to consider Tahquitz Plan a t·arc example of Hugh Kaptur's work, as his designs displaying similar architectural clements are prolific throughout Palm Springs. • Fifth, to the extent that Tahquitz Plaza could be distinguished from Hugh KaptlU''s more prominent residential work, it is still not properly considered a 15 manatt marlatlj phelps] phillip~ City Council Aprill4,2015 Page 6 historic resource. Though commcntcrs contend clements or the Tahquitz Plaza are unique examples of Hugh Kaptur's style and modernist architecture in l'aln1 Springs, this argument is erroneous. As discussed previously, Hugh Kaptur's designs arc prevalent throughout Palm Springs and utilize common design clements. For instance, irregular roonines are a common element of Hugh Kaptur's work, as evidenced by not only Tahquitz Plaza but also the Impala Lodge, the Jnn at Bermuda Dunes, and the Palm Springs Golf Clubhouse. Similarly, Kaptur's experimentation with fenestration and shading at Tahquitz Plaza arc also utili?ed at the Palm Springs Golf Clubhouse and the Casa Blanca Hotel. • Sixth and finally, the City is currently preparing a draft historic resources survey that, a> noted in the April 15, 2015 City Council Staff Report, "mentions" Tahquitz l'lazii. However, the City's historic rcsnurcc cnnsultant, Historic Resources Group, confirmed in an April 9, 2015 letter that Tahquitz Plaza is ItO/ with the scope of the ongoing citywide historic resources survey. (Exhibit fl.) That s1l!'vey only includes properties constructed prior to 1968. Moreover, even if Tahquitz Plaza was disctrsscd as a potential historic resource, drafts and proposals for the designation of a historic resource do not constitute substantial evidence. (T(/'q1ayers jiJr Accountable School llond Spending v. San Diego Unified School Districr (20 13) 21 5 Cai.App.4th I 013, 1044.) The mere mention of Tahquitz Plaza in the City\ preliminary study of historic resources would not constitute substantial evidence that Tahquitz Plaza is a significant historic resource. Based on the substantia: evidence identi!led above, as well as the additional substantial evidence in the record, the City may properly exercise its discretion in order to determine that Tahquitz Plaza is not a historic resource for purposes of CEQA and, on that basis, docs not require further evaluation i•' the Aberdeen JY1ND 4 III. The Aberdeen .'1-INIJ Apprupriatcly Analyzed Lnnd Use lmpucts. Commenters assert that the Aberdeen Project would be incon.sistent with the Section 14 Specific Plan and Palm Springs Zoning Ordinance ("Zoning Ordinance"), and that the Aberdeen MND'~ analysis of land use impacts is inadequate. Commenlors appear to fundamentally misunderstand the Aberdeen Project, which requires the approval of a Planned Development District ("PDD") to estab' ish the project site plan, permitted u~es, and development standards. As noted in l'alm Springs Municipal Code ("PSMC"J Section 94.03.00, PODs are "designed to " BcC-im'.ic Tahquitz Pla1.a i:t not a historic re5ourr..:e or otherwise hi~Horically sig;'lificant, its demolition is nor inconsistent with any City of Palm Springs General Plan policies pertuming to prc:scrvlltion and protection of historically signitk<~nt :iiitcij. 16 manatt mana!! 1 phelps 1 phillips City Council April 14,2015 Page 7 provide various types or land usc which can be combined in compatible relatimtship with each other as part ol' a totally planned development.'' Importantly, "[i)t is the intent of this district to imurc compliance with tbc general plan and good zoning practice' while Ill/owing certllia desirable departures from the strict provMrms of the . The standards applicable to the Aberdeen Project, but for height, arc those spccilied in the Aberdeen Project PDD. Therefore, there arc no inconsistencies with respect to sctbw:ks or landscaping, and any arguments contending that the •malysis in the Aberdeen MND is inappropliatc because it fails to discuss land use inconsistencies are erroneous. With respect to height, Table 6-2 of the Section I 4 SP states that, within the Specialty Rctail-Entertainment Ollicc ("REO") and Resort Attraction ("RA'') zones, a "maximum height of 35 feet shall be permitted, except for-high-rise buildings subject to the approval of a CUP purstJant to tl1e provisio11s of the 1/.oning Ordillance]." (!'able 6·2, Section 14 SP.) Pursuant to the PSMC and the Section 14 SP, "high-rise buildings" up to a maximum height of 100 teet are permitted subject to a conditional usc permit or PDD. (PSMC § 93.04.00; Table 6-2, Section 14 Sl'.) The Aberdeen Project, which requires approval of both a PDD and a Conditional Use Permit, proposes a maximum height of approximately 46 feet, well below the 100-foot maximum established by the PSMC and Section 14 Sf'. Finally, we note that when analyzing land usc consistency, the case law is clear that a project need nut be in perfect conformity with applicable plan(s). [Clover Volley Foundatirm v. City !!{Rocklin (20 I I) 197 Cai.App.4th 200, 218.) The determination of whether a project is consistent with applicable land use policies is leli to the lead agency and it is not ''the role of the courts to micromanage such decisions:· (!l'onh Coast Rivers Alliance v, lvfarin Municipal Water District Board ofDirecrors (2013) 216 Cai.App.4th 614, 632.) IV. Aberdeen MND Adequately Analyzes Aesthetic Impacts As discussed in the 1\berdeen 1\fND, the Aberdeen Project would not result in significant aesthetic impacts. Cornmcnters, however, argue that development of the :\berdeen Project would visually degrade the existing environment because(!) Tahquitz Plaza would be replaced, (2) new development would be inconsistent with the existing visual environment, and (3) that the live-work w1its would be used as storage units, For the reason set forth below, these arguments arc unavailing and msupportcd by any factual evidence. manatt manatt 1 phelps t phil11ps City Council April 14,2015 Page 8 • First, as discussed at length ahovc, Tahquitz PlaJa is not a significant historic resource for purposes ofCEQA and its demolition would not visually deb>rude the en vi ronm lo!n l. • Second, the Aberdeen Project would introduce a project with new, distinctive architectural style that would improve the visual environment. The General Plan explicitly recognizes that design variation along Tal1quitz Canyon Way is important, allowing for "design variation" of sections of corridors ("such as the section ofTahguitz Canyon Way in Section 14"). (General Plan Policy CD 4.2.) The Tal1quitz Canyon Way corridor is expressly identitied as '·somewhat dated" nnd that ''design themes and elements should be adapted with appropriate changes along the entire length of the corridor."' General Plan at 9-18. It is important to note th'lt an individual'' personal observations about impacts to the visual en\'ironment do not constitute a Cair argument ot' a significant impact whe11 the impact is not a "clear change to the existing environment'" {San Francisco lleauiiful v. Cily and Counly of San Francisco {2014) 226 Cal.App.4th 1012, 1028.) For example, ''[tjhc aesthetic difference between a tour-story and a three story building on a commercial lot on a 111ajor thorou~farc in a developed urban area is not a signiJicant impact, even under the fair argument standard." (fd) Ilcrc, the Aberdeen Project would facilitate design variation through the introduction of a mixed-use, live-work project, • Third and finally. the commentcrs speculate that the live-work units would be used as storage space, further degrading the visual environment. Com:nenters proiTer no factual support i(JT this a.scrtion, instead providing only unsubstantiated opinion. CEQA makes clear that mere "speculation, unsubstantiated opinion or narrative" do not constitute substantial evidence. (CEQA Guidelines § !5384{a).) As support !(11· this contention, commenters misrepresent the concerns of the Planning Commission, which noted that Hmany conditions could be placed so that [the Aberdeen Project] will not be used as storage space." (March 25, 2015 Planning Commission Minutes at 5.) Without a doubt, the unsubstantiated opinions asserted by commcnters fail to provide any evidence, much less substantial evidence supporting a lair argument, that such degradation could occur. V. The Aberdeen Project MND Appronriately Analyzes All Environmental Impacts As the foregoing discussions demonstrate, the Aberdeen MND appropriately and adcqllately analyzes the potential impacts of the Aberdeen Project. The various argument~ 18 manatt mar.at1 i, phelps 1 phillips City Council April 14, 2015 Page 9 submitted by commenters, particularly with respect to the historical signiilcunce of Tahquitz Plaz~ and land usc impacts, arc una,ailing under the wcll-acceptcJ requirements of CEQ/\. Because the Aberdeen MND's analysis was thorough and the commcntcrs have not identified any suhstarttil:-11 evidence supporting a Cair argument of a significant impact an environmental impact report is not required. Thank you for your time and consideration of this matter. cc: Doug Holland. Esq. (via e-mail: [email protected]) 314l67H03 19 AGUA CALIENTE BAND OF CAHUILLA INDIAN~ PLANNING 8c DEVELOPMENT DEPARTMENT CONSTRUCTION DIVISION • ECONOMIC DEVELOPMENl" DIVISION PLANNING & NATURAL RESOURCES OIVISION • TRIBAL H~STORIC PRESERVATION OFFICE April14, 2015 HAND DELIVERED Mayor Steve Pougnet and City Council CITY OF PALM SPRINGS 3200 Tahquitz Canyon Way Palm Springs, California 92262 RE: Palm Springs Case 5.1361, PDD-375, 3.3820 MAJ and TTM 36876 Aberdeen Mixed-Use Project Dear Mayor and City Council, The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above referenced project at its meeting of April 14, 2015, and recommends approval of the project to the City Council subject to the Conditions of Approval provided as .f\ttachment A. Additionally, the Tribal Council wishes the record to show that the existing buildings are not historic and there is no authority to preserve said buildings. Preservation of the existing buildings is uncalled for. Please contact me should you have any questions at 760-699-6960. Tho as J. Davis, AICP Chief Planning and Development Officer AGUA CALIENTE BAND OF CAHUILLA INDIANS TJD/MP/dm C: Tribal Council Margaret E. Park, AICP, Director of Planning & Natural Resources Flinn Fagg, Director of Planning Services, City of Palm Springs 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92.2.64 20 760/699/6800 • AGUACA.LIENTE-NSN.GOV AITACHMENTA Palm Springs Case 5.1361, PDD-375, 3.3820 MAJ and TTM 36876 Aberdeen Mixed-Use Project CONDITIONS OF APPROVAL April14, 2015 1. All plants listed as being invasive by the California Invasive Plant Council (e.g. Olea europea 'Swan Hiii'/Fruitless Olive and Washintonia robusta/Mexican Fan Palm) shall be removed from the Landscape Plan and replaced with suitable plant material per Section 7.3, On-Site Landscaping, of the Section 14 Specific Plan. The integration of native plant material is also strongly encouraged to promote water conservation and complement the natural desert environment. 2. The use of ornamental turf in non-recreational areas shall be removed from the Landscape Plan. 3. A cultural resources inventory shall be conducted of the Project Site by a qualified archaeologist prior to any ground disturbing activities. 4. The presence of an approved Native American Cultural Resource Monitor(s) shall be present during any ground disturbing activities (including archaeological testing and surveys). Please contact the Tribal Historic Preservation Office at 760-699-6800 for details. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. AGUA CALIE:tfT€ BAND Of. CAHUILLA IHDIAtfS 21 WWW.AGUACALIENTE-NSN.GOV Cinc!y Berardi From: Frank Alvarez Dear City Council, I'm sure you have received quite a few emails from a vocal group of preservationists who are opposed to the demolition and reuse of this property. I am not one of them. This project is close to a revitalized do\l.nto"'n and across from the soon to be renovated officeimovie complex. I think the developers have a great plan tor high density urban living which is increasing in demand for Palm Springs and appropriate tor the site. The existing office complex's architectural importance is a puzzle to me as it looks unremarkable from the street and resembles several ordinary office complexes I have seen and even worked in one in Orange County. The fact that Hugh Kaptur was the architect of these buildings should not take away the owner's right to re-use this property for a different purpose. Good luck with your decision. Regards Frank Alvarez Leaskou Partners. Inc Broker IBRE #00991580 [email protected] hl!p:ltwww.FrankSellsPS.com (760) 323-2272 Local (604) 800-9913 Canada 2012 Realtor of the Year. The right Realtor makes a difference! 22 1 Terri Hintz From: Brad Dunning Fcb.20,2015 tern ...2-4 Planning Commission 'Ianning Commission Meeting City of Palm Springs Jate: d--2~1;.:- 3200 E. Tahquitz Canyon Way , I was quite shocked recently upon hearing the City of Palm Springs is considering a developer's plan to demolish the Hugh Kaptur-designed Tahquitz Plaza. It seems almost inconceivabl.e to me that these buildings, some of the best work of Hugh Kaptur's career, could be lost. Although recognition of Hugh Kaptur's wodc: is coming later than those of his local peers--Aiberl Frey, E. Stewart Williams, Donald Wexler, William Cody and other prominent locals that have made Palm Springs world renowned as a destination for fans of architecture and design and the appreciation of mid century architecture in Palm Springs seems to be the major factor in the revival of the town-Kapturs work is certainly as imponant and worthy. His achievements mark the latter end of the mid century era_ His work is distinctive, unique and in the case of his pueblo modem design at Tahquitz Plaza highly contextual and specific to stylish Palm Springs. Perhaps his work has not become fully appreciated yet a~ it is relatively recent when compared to Albert Frey's modem work of the '50s or 60s for instance. That is why Kaptur's complex is threatened to some extent--the work is ju~'t now at the cusp of rediscovery---just as Frey's and Williams' and Cody's work was a few years ago_ Hugh Kaptur WdS a local and made an indelible mark on the landscape of Palm Springs and the City should be very proud and respectful of his work, celebrate and preserve it. It docs the City well when it signals to the world the pride it has ii~ achievements and the a11istry of its local architects and most of all the appearance and history of the town. It is terrible for the town to be known for allowing demolition of another important building. This estimable canvas that is modem architecture in Palm Springs is economically instrumental and vital now for tourist appeal and more importantly many residents now have chosen to invest in the to\\-:l and to live here simply because of the great modern architecture we have in our midst. I urge the City to reconsid'-T any decision which would allow th~ destruction of this important Kapnrr complex, it would be a terrible loss and when it is gone it is gone forever. I served as a member of the Historic Site Preservation Board in 1995-96. I suspect some of you will recall the fin:storm that greeted my nomination of five Frey buildings which included the Tramway Gas Station. A developer wanted to demolish that building soon after designation and quite a controversy erupted. I hope you will agree in hindsight the decision to preserve the building was the correct one. l believe you will feel the same way a~ time passes and the Tahquitz Pla7..a is preserved. The cotnplcx is inventive, playful, and ·sophisticated with forms and open areas that best represent not only K.aptur at the top of his game but a true reflection of the state of the best modem architecture in Palm Springs at that period. My written work about Palm Springs and modernism has app~ared in the Los Angeles Times, the New York Times, Vogue, and GQ magazine among others. 1 23 I hope you will present my plea before or during tht: Feb. 25th meeting . . Sincerely, Drad Dunning ,0~·-·---- -1 2 24 Terri Hintz From: Morris Newman Planning Commission Meeting Honorable Planning Commission Date: d-2rs-::-J (5""' City of Palm Springs 4rl,fU1nn:t~l M!tfl1ri:l1 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 . Dear Members of Planning Comn'lission: I'm writing to provide some comment about the proposed demolition of the Tahquitz Plaza designed by Hugh Kaptur.. I am a qualified architectural historian (M.A .• Architectural History and Theory, UCLA, 1984) and the author of two books on architecture and the editor of a third. I'm also a professional journalist, specializing in real estate, urban design and architecture. My work has appeared widely, including several dozen articles about commercial real estate in The New York Times and Los Angeles Times. I have written extensively on Modern Architecture, historic preservation, public-private projects, zoning and entitlement issues and other topics relating to the design, financing and government approval of buildings. I have published three articles about the architecture of Hugh Kaptur, including a chapter in a recently published book of Palm Springs architecture. Tahquitz Plaza is a landmark building both in the City of Palm Springs and in the career of Hugh Kaptur. Mr. Kaptur, as you probably know, is one of the luminaries of the "Golden Age" of architecture In the city, having worked in Palm Springs continuously since the 1950s. Mr. Kaptur has told me this is one of his favorite projects, which seems fitting for a building where he maintained his architectural practice for many years. Although Tahquitz Plaza is not a loud or flashy building, it shows many signs of architectural originality and creativity. One of the themes of Mr. Kaptur's work. and Southern California architecture in general, is the ability of local architects to "make lemonade" when faced with limits both in budget and choice of materials (i.e. the least expensive). I quote one of my own articles on Mr. Kaptur: 'Practical projects, like an office complex on Tahquitz, did not always allow such freedom, yet the comparatively res1rained project remains one of the architect's favorites. Originally designed in concrete, cost consideration dictated a less expensive wood frame structure. Despite this constraint the Tahquitz buildings manage to look like masonry, due to walls that are sculptured to look massive as concrete. To further the Illusion of thick walls, Kaptur provided the Tahquitz buildings with window that appear to be deeply recessed. In other places, windows push outward from the wall surface, as if trying to break free of the building. Similar out-pushing windows can be found at Kaptur's Musicland Hotel, another building that flirts wittl the illusion of heavy masonry... ." 1 25 In my view, the human experience of cities is largely made up by memorable images, structures and spaces that lend a sense of identity to the community. These buildings might be described as the 'sina qua non" of any particular city, meaning that without these structures or images, the city would be diminished and lose part of its "sense of place." Every person who is aware of architecture in Palm Springs is still feeling the loss of the Palm Springs Spa Hotel. In my view, the Tahquitz office complex is one of the 'sina qua non' buildings of Palm Springs. It ls a tasteful, viable building that has been tenanted since its completion. The Tahquitz is also part of a trio of Kaplur-designed buildings on either side of the street, which increases both its interest and Importance. At the very least, the Commission should give serious consideration to preserving at least the original building of the complex, which included Mr. Kaptur's former office. Perhaps the City Planning Department can incentivize the developer by granting a density bonus on the remaining portion of the parcel, to compensate for any loss of buildable square footage that preservation of the Tahquitz offices may entail. Additionally, the Planning Department might consider the waiver and/or forgiveness of certain development fees, as a further incentive to · preserve the Tahquitz offices. ·Development is vital for the economic wellbeing of all cities. Equally so Is the preservation of buildings that define its character in a positive way. It is my . deeply held hope that the Planning Commission will find a way to accommodate both the best interests of both the City and the developer. Respectfully yours, Morris Newman 4850 Cameron Ranch Drive, Sacramento, CA, 95608 (323) 365-5655 26 2 • February 22,2015 ·- ...... _.. _... -...... Item ,.,2)'/ Mr. Doug Hudson Chair, Planning Commission Planning Commission Meeting City of Palm Springs Date: .,?.~2 ~ / ~ 3200 East Tahquitz Canyon Way <\il,-llttn...,~J M~tPl'i:1l Palm Springs, CA 92262 Re: Aberdeen Project and the Proposed Demolition ofTahquitz Plaza (1971, Kaptur & Lapham) (Case Nos. 5.1361 PP..3 75, 3.3820 and TIM 36876) Dear Chairman Hudson, We understand that the Planning Commission will meet on February 25, 2015 to evaluate the merits of"Aberdeen," a mixed-use project consisting of 74 attached and detached residential dwellings, 17 live-work writs and approximately 1,568-square feet of retail ou 8.05 acres located at the northeast comer ofTahquitz Canyon Way IIIId Calle El Se!,'llndo. Our primary issue with the project is the unnecessary demolition of the architecturally significant Tahquitz Plaza complex. Further, it is our view that you should not approve this project because it 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. The proposed demolition of Tahquitz Plaza directly contradi<-is many of the city's general plan values and priorities including: "unique architecture" (page l-12); "Promot[ing] the ... use of... existing construction to minimize resource depletion and conserve resources for future genenllioos" (page 1-12); "Creat[ing] unique places that strengthen community identity, offer visual interest, and support lively activity'' (page l-13); ''Preserv[ing] and uphold[ing) 1he high quality of architecture and the unique visual and aesthetic form in buildings ...that distinguish Palm Springs from other cities." (page 1-13 ); and perhaps most to the point, to "Recogniz[ing] the importance of adoptive reuse for architecturally and historically significant resources." (page H 3). Tbe importance ofthe work of architect Hugh Kaptur has only recently become appreciated. He received a star on the Palm Springs Walk of Stars during Modernism Week 2014 and he wus the subject of a recent documentary film (Quiet Elegance: The Architecture ojHugh M. Kapzur). Additionally, his Tahquit7. Plaza complex has been recommt.'lldcd to the contractor currently conducting the city's historic resources survey. Possible future activities like the historic preservation of the Tahquitz Plaza are cost eftl:etive tools that can be used to leverage private capital, create jobs, revitalize business districts, and stimulate a wide range of other economic activities. Palm S[Xings property owners, like Nexus Development, can take advantage of federal and state tax credit programs to bel~ ~h~ilitate _historic bu_ildings. ~ng his~~c character helpsR!'eE,\1ED toWlsm by prov1ding mteresting and umque opportunities for VJSltors. · · FEB 2 8 ?015 177$ f""'l Palm Canyon Drive, Suim 1111-195, Palm Sprinfl", CA 92264 "'Nl b ·tKl/I""'S (7(,0) 837-7117 • info@Jli'Jlrescrvolionfi.undalion.org: • www.pspre""""'tionfoundaUoolilfl.\• I~ ,:) '-'= OEPARTMEN.,. 2i While the staff report recommends the approval of this project, that approval is highly "conditioned" and raises a host of issues with the project. Many of these c .Finally, we applaud the city's Architectural Advisory Committee's recent decision to unanimously deny this project. In that decision, only the merits of the project were considered by the AAC, not the architectural significance ofTahquitz Pla7-ll. That issue falls more proper] y under your purview (as stated repeatedly by the city attorney during the AAC's January 26, 2015 meeting). In that regard, we suggest you reconunend to the city council consideration ofTahquitz Plaza as a Class I historic site. The Tahquitz Plaza complex sh If you have any questions please don't hesitate to contact the fOundation at 760-837-7117 or [email protected]. Sincerely, Erik Rosenow President AttaChments: I. Advocacy postcard for Tahquitz Plaza produced by the Palm Springs Preservation l'oundation Copy to: Palm Springs Modern Committee (Chris Menrad) Desert Sl.lll (Skip DesCIIIlt) 2 28 Frank Tysen Advocates for Better Community Development Palm Springs, California February 25, 2015 To the Honorable Planning Commission City of Palm Springs, California Re: 2A. 0 & M HR. LLC (NEXUS DEV!:;l.OP!"1ENTCO.RP.l FOR THE DEMOLITION OF AN_fl(ISJ_ING DEVELOPMENT AND PA.13J To Whom It May Concern: On behalf of Advocates for Better Community Planning (ABCD), we are requesting that the Planning Commission recommend denial of the demolition project, Planned Development District 375, Architectural Permit, and Tentative Tract Map based upon a failure of the project to conform to the City's General Plan, the Section 14 Specific Plan, and to confonn to the surrounding heights, mass, design, architecture, and function of the surrounding business area. The pending Mitigated Negative Declaration also fails to adequately assess environmental Impacts of the proposed demolition project and destruction of an architectural heritage, or HR affordable housing Impacts, through failure to consider adaptive re-use, through failure to use multi-family housing in the design, or Introduce a viable alternative to the project as proposed - such as adaptive reuse of the current strudures. This project, as proposed, takes a functioning, viable business environment, Immediately across from the Regal Theater, and proposes to demolish the design, architecture, and function of the District, and to severely disrupt business functions for most likely a two-year period of time, during a time when the protections of State Redevelopment are defunct, and there is absolutely no evidence of blight in this District -- to the contrary. Very little has been introduced as a justification for the demolition of existing buildings within a thriving District, and it is a bit frightening to conclude that the City Is basically free to do this anywhere within the City, so that a developer can further maximize profit and increase the density and height of a commercial area, and slowly erode the architectural heritage and scale of downtown Palm Springs. This action sets a bad precedent, and needs strong justification - but . at the least, it requires a full Environmental Impact Report! The primary building proposed for demolition is an architectural treasure built by the prominent architect, Hugh captor. Although Mr. captor's building was constructed subsequent to 1969, and does not qualify for a Class III historic designation, this Is a moot point in tenns of Its ·historic value, which can be assessed independently of age. An example of this is the Palm Springs Art Museum (PSAM), a aass I historic resource constructed subsequent to 1969. What has complicated the issue of historic preservation Is the rather awesome backlog of buildings awaiting assessment by the City, as the Historic Site Preservation Board is underfunded. Accordingly, lt Is not surprising the building has not yet been catalogued. But at the least, this building Is a treasure and is highly valued by a large and very active se~the historic preservation population of Palm Springs. Planning commission FEB 2 5 2015 29 0~#------. 2 The applicant Is further proceeding in violation of the General Plan and Section 14 Specific Plan standards as follows, and has failed to consider viable environmental alternatives: 1. Table 6-1 of the section 14 Specific Plan prohibits single-family residential buildings within the REO and RA land use classifications. Palm Springs is a charter city, but without doubt, it must comply with the General Plan and Specific Plan legislative standards that guide development and build-out. 2. The applicant Is using a permit that is not authorized within Chapter 6 Implementation Section of the Section 14 Specific Plan, which limits land use entitlement to permitted uses, land use permits, and conditional use permits. A Planned Development Permit (PO 375) is a rezone action, Incompatible with a Specific Plan that has already rezoned the area. Reference page 6-l and Table 6-l of the Section 14 Specific Plan 3. The applicant then uses the POD flexibility procedures to justify the Imposition of single family residential within an area where it is expressly prohibited, and alters the development standards of the Specific Plan into a new configuration with greater economic benefit to the developer. 4. The proposed development creates cumulative Impacts by destroying further high density residential low-Income housing stock, because Section 14 Specific Plan anticipated multi family residential for renters or low income persons, and the reservation of this housing stock was counted in the City's housing element to meet Its allocation of acreage for the Regional Housing Needs Assessment. Instead, through a series of previous permits and this project, the City has slowly replaced the HDR classification with nan-permitted single family residential. They have used their new revised ordinance that eliminates the minimum threshold for residential. This should be evaluated in an Environmental Impact Report, and be considered non-compliance with Its Housing Element and General Plan. 5. The Specific Plan was amended to reflect the recent amendment of the City's housing ordinances to eliminate minimum thresholds of density. This leaves the Specific Plan out of compliance with the General Plan and Its State housing obligations. 6. The Specific Plan requires a density of 30 du/ac. By proposing 11 du/ac, the applicant violates the General Plan, Specific Plan, and State housing law. 7. The Specific Plan requires a minimum lot size of two acres, and the project lot size Is considerably smaller, and it Is accordingly, not consistent with the Specific Plan or General Plan. 8. By failure to require a Environmental Impact Report, the City has failed to consider the growth-inducing Impacts of demolishing a viable business district and replacing It with a structure that does not confonm to the historical character of the area, that does not match Its density or form or height, nor does it address adequate housing in the mixed use residential area. This change in the District may induce further Incompatible changes. 9. The Mitig;~ted Negative Decl;~ration was not attached to the staff report, and has not been considered In conjunction with the staff report assessment. Accordingly, the decision makers do not have adequate Information about Impacts to make a proper recommendation to the City Council. The general public should have been given access in like-kind to the staff report, rather than be forced to make a trip to City Ha II and get a non-electronic copy of the Initial Study. lO.The PDD replaces the development standards of the Specific Plan with new housing, new lot size, as a gated community where prohibited, Inadequate street fronts, inadequate side, rear and front-yard setbacks, and not the least - an unrealistic examination of the impact of added height to the buildings. With regard, Frank Tysen 30 ITEM 2A Judy Oeertrack 1333 South Belardo Road, Apt 510 Palm Springs, CA 92264 Submitted to Planning Commission Wednesday, March 23 2015 MAR 2 5 2015 . To the Honorable Members of the ·Palm Springs Planning Commission c-# .2a- CHy of Palm Springs, California 2A. 0 & M HR. Lli;: (NEXUS DEVELOPMENT CORP) FOR __T_I:jj;' _DEMOLITION OF AN EXISTING QI:VI:;!.QPMI;_N_T AND PARKING /IRE;j\_JQ_ COf::!STJ3UCT "ABERDEEN"; _A__M_lXED-US E___EB__Q,!__ECT CONSISTIN(; Of' (74) ATTACH_EQ AN[)[)E:TACHED RESIDENTIAL PWt;:!.J.l[lj(;$.(1[)_[_J\(]':,\!VORK UNITS AND -~P.£'BQ~!MATELY 156fl:SQ_t,J_6!3§ _FJ'o_ET __ QL__13E:TAIL ... Of'J ... B 05~fi.G8E~ __LQ_GAT§_[) __ ALTtl!'; _NORTHEAST CO~t-!_~R OF TAHQUITZ CANYON WAY AND CAL,l,!= __ !;'=-_SEGUNDO. ZONE REO AND CU · (CASE N_Q_$. 5.1361 PD-375 3.3820 MAJ_AND TTM 36876). (DN) To Whom It May Concern; I am a resident of the City of Palm Springs, with an actiVe interest in historic preservation, and commitment to the small-town village atmosphere planned for in the City's General Plan. I ask the following of the Planning Commission, but also with a conclusion that these acts of proper environmental consideration are mandated by law: 1_ I am asking the City to set aside its finding in the Mitigated Negative Declaration that the project has "no impact" on cultural resources, nor does it "a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5." 2. I am asking that the City properly refer this project proposal to the Historic Site Preservation Board (HSPB) for a fuU report and consideration of whether the two Hugh Captor buildings on the site proposed for demolition is a resource that shall be ccnsidered by the lead agency to be 'historically significant' as buildings that meet the criteria for listing on the California Register of Historic Reaources. I refl!r the Planning Commission to the comment letters on file from distinguished members of the preservation community. 3_ I am asking that the City make a finding on the historical significance of the Hugh Captor buildings at issue as to whether they qualify as discretionary historic resources. That finding should be informed by the evaluation of the HSPB. 4. I am asking the City to review and revise its findings at page 24 of the Mitigated Negative Declaration "Discussion of Impacts a) No lmpacr to reflect that the criteria for a finding of impact reflect CEQA Guidelines 15064.5 subd. (a) (3)&(4). 5. I am asking the City to review and revise its findings in the staff report that concludes there is no historic impact of significance in the decision to demolish the Hugh Captor buil,dings, because they have never been locally registered or slate registered as an historic resource. This language is misleading to the decision makers on this project 6. I am asking the City to review and revise its findings on impacts to land Use and Planning in the Mitigated Negative Declaration at page 37, wherein it concludes that the project does not "conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project, (111cluding but not limited to the general plan, specific plan, ____ Or zoning ordinance). Adopted for the purpose of avoiding or mitigating an environmental effect • The Discussion of impacts does not even mention the fact that the development standards are not in complianoe with the Specifte Plan; nor does it reference the fact the project proposes single-family residential in a Specific Plan area where single family residential is specifically prohibited! (RA and REO)_ In fact, the discussion at b) is factually 31 2 inaccurate, because it discusses multi-family residential build out. The factual inaccuracy and lack of consistency has impacted mHigation measures and findings, and these need to be corrected. 7. I am asking the City to properly evaluate and mitigate the impact of eliminating multi~family housing within a Specific Plan area that provides for MFR to the exclusion of SFR, along with the attendant affordable housing impact that might arise from exclusion of MFR housing where it is intended to be built. 8. I am asking the City to conform Its findings o1 consistency with the general plan and specific plan for Section 14, to reflect the actual non-compliance with building standards and housing type. (see previous letters on file by Frank Tysen) 9. Most importantly, I am asking for the City to provide a full EIR evaluation so that the environmental alternative of conserving the Hugh Captor buildings can be propet1y considered The MND is fatally defective without this assessment. Please consider the following language from Valley Advocates v. City of Fresno (2008): VALLEY ADVOCATES et al, v. CITY OF FRESNO ctal. 72 Cal.Rpk.3d '90 (1008) 1110 Cai.AppAth 103' OPINION ..... KWe reach the following conclusions. First, at the meeting where City derermined the project was t'Xcrnpt fron1 CEQA, it was misinfonned about its discretionary authority to determine the buildings were historic resources. As a re. DISCUSSION ...•• I. Background on CEQA's Treatment of Historical Resources "Section 2[084.1 and its implementing Guidelines establish tlucc analytical categories for use in determining whether an obje<.1 is an historical resource for purposes o.f CEQA. (See League for Protectinn of Oakland, supra, 52 Cai.App.4th at pp. 906-907, 60 Cai.Rptr2il 821 [three categories of historical resources identified as mandatory, presumptive and discretionary].)" Valley A.dvocat II. Mandatory Historical Resources A. Applieablc Ted of CEQA and Guideliaes '"fhe category of mandatnry historical resources is based on the second sentence of section 2'1084.'1, which states: 'For purposes of this sectio.o, an historical resource is a resource listed in. or determined to be eligible fur listing in, the California Regi.>ter of Hi The Guidelines define the scope of the category of mandarory historical resotJ.rCeS by adding ·The category of presumptive historical resources is created by the third sentence of section 21084.1. which states: 32 3 "Historical resources included in a local register of historical resources, as defined in subd.ivisioo (k) of Section 5020.1, or deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1, arc presumed to be historically or cult11rally significant for purposes of this section, unless the preponderance of the evidence demonstrates that the resource is not historically or culturally significant." The Guidelines reiterate this definition by stating that "the lcrm 'historical resources' shall include '" llll "" Ia) resource included in a local register of historical resources, as defined in section 5020.l(k) of the Public Resources Code oc identified as signilicant in an historical resource survey meeting the requirement• of section 5024.l(g) of the Public Resources Code, shllll be presumed to be historically or culturally significant. Public agencies 0 701 must treat any such resource as significant unless the prepondcranoc of evidence demonstrates that it is not historically or cultumHy signifiCll.!lt." (Guidelines,§ 15064.5, subd. (a)(2).) Under these provisions, there are two types of presumptive historical resources. The first type is a resource included in a local register of bistoric ""'ources. A "local register of historic resource_~• is defined as a "list of properties officially designated or recognized as historically significant hy a local government pursuant to a local ordinance or resolution_ • (§ 5020.1, subd. (k).) The second type of presumptive historical resource is a resource identified as significant in CC!lain surveys of historical resources. (§ 5024.1, subd. (g),) The historical resource survey must meet all four of the criteria set forth in section. 5024.1, Sllbd.ivision (g).[8j" Valley AdvocaJes at700-701 IV. Diseretloaary lliBtorical Resources A. Tc:rt ofCEQA "The categocy of discretionary historical resources is derived from a combinalion of *702 the second sentence and the last sentence of section 21084.1. The text of the second sentence of section 21084.1 states: "For purposes of this section, an historical resource is a resource ·listed in, or d~1ermined to be eligible for listing in, the California Register of Historical Resources." [ 10) The last sentence of section 21084.1 states: "loo fact that a resource i$ not listed in, or determined to he eligible for listing in, the California Register of HistGrlcal Resources, not included in a local register of historical resources, or not deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1 shaU not preclude a lead agency from d~1ermining whether the resource may be an historical resource for purposes of this section." Valley Advocate.r aJ pp. 701-702. D. Pro•·isions in tile Guidelines .•• , • 2. GuideliM! section 151154.5, subdivi:riun (a)(3) 3 "Guidelines section 15064.5, subdivision (a)(3P 1 addresses aspects of a lead agency's 0 703 discretionary authority in two ways. Hrst, it limits what the lead agency is allowed to do. Second, it appears to impose an alJinnadvc obligation on the lead agency. [emphasis added! The limitation is stated at the beginning of Guidelines section 15064.5, subdivision (a)(3): "Any object [or] building ... which a lead agency determines to be historically significant ... may be considered to be an historical resour.:e, provided the lead agency's detenninalion is supported by suhstanlial evidem;e in light of the whole record.• The Guidelines use the word "may" to identify discretionary authority_ (Guidelines, § 15005, subd. (c); sec § 15 ("may" tlelmedj.) Thus, Guidelines section 15064-'i, subdivision. (a)(3) confirms the lead ageiiCy's discretion to tm~t an object or building as an historical resource for pwposes of CEQA and limits that di.scretinn to situatiODs where substantial evidence supports the lead agency's deterrniuation of historical significunce.l 141 33 4 The second sentcn~-e of Guidelines section 150645, subdivision (a)(3) contains the followi.ng mandatory language: 'Generally, a resource shaU be considered by the lead agency to be 'historically significant' if the resource meets !be criteria for listing on the C-alifornia Register of Historical Resources .... •l 15l (Italics added.) The word "shall" is used in the Guidelines to identify 'a mandatory element which all public agencit:S are required to follow." (Guidelines, § 15005, subd. (a).)" Valley Advocates at page 702-703 3. Di!ICretionary authority••••• C. ApplieatioB ollnterpretation to Fuels of this Ca~e "The May 3, 2005, staff report that recommended the City Council afiirm the issuance of the categorical exemption for the project addressed whether the administrative record contained substantial evidence that the flats were an htstoric resource: 'The Subject Building is not a 'historic resource' under CEQA because it doos not fall into any of the categories within the definition of "historic resource' in CEQA. That is, the Subject Building is not on a State register, it has not been found to be eligible for a Swe Jegister by the State Historic Preservation Commission, it is not on a local register, and Council bas not treated nor chosen to treat the building as historical." (Italics added.)" Valley Advocates at p 704 " The staff report, Unruh'• advice, and a statement made by an attorney from tbe city attumey's office misiuformt:d the City Council about ils discretion. The City Council was not told that it had a choice to make at the May 3, 2005, hearing. It was told that it already had determined the Flat'< were not histo1ical resources and that the previous determination answered whetller the FJatq were historic resources or not . .Instead, the City Council should have been informed of the following. First, it.• prior determination to deny the listing 16 application meant that tbc Hats did not qualify for CEQA's presumptive historical resource category.1 1Second. a listing detenninatioo and a CEQA determination are not the same thing. Third, at a minimum, tlte City Council bad a discretionary election to make at the May 3, 2005, hearing. Specifically, it rould elect to separatc.ly consider whether the f-lllls were an historical =ource for purposes of CEQA's discretionary historical resources category. "Because the City Council was misinformed about its discretion to make such an election, it follows that the City Council did not, in fact, exercise its discretion and make such an election." Valle_y Advocates at page 7()4. "In some contexts presented under CEQA, a prejudicial abuse of discretion occurs when the absence of relevant information precludes informed decision making by the public agency. (E.g., San Jooqum Raptor Rescue Cent.r v. Cmmty of Merced (2007) 149 Cal A pp.4th 645, 653, 57 Cal. Rptt .3d 663 .) This case involves something more than the simple absence of relevant information. Here, thR relewwl mfonnatiun wus ah>'tnt and in B. Discretionary Historical R ..ources "l'rior dctcmtinations regarding the listing of a building tm a lt.JCa! register are relevant to the prcsmnptivc historical resource category, but prior determinations not to list a building or include it in a survey do not control whether lhe object or building may be !reared as an historical resource under CEQA's discretionary historical. resow·ce category. (See Guidelines,§ 150645, subd. (a)(3)&(4).)" ..... "Accordingly, the decision notlo list a building on a local register does not necessarily resolve all factual qucstioo~aad. 34 5 discretionary aspects of the City Council's inquiry into whether the huilding is •n historical resource for purposes of CEQA's discreliouary historical resource category." Valley Advocates at page 708. VII.-IX.{**] DISPOSITION "The judgment is reversed. The matter is remanded to the superior court with directions to vacate its order denying the petition for writ of mandate and to enter a new order !hat grants the petition for writ of mandate and directs City to (I) sec aside its approval of lhc site plan Jeview Application S-04-399, (2) set aside its findings that tbc proposed project is categorically exempt. and (3) conduct a preliminary review *712 that properly consider< the discretionary historical resources category." Valley Advocates at page 711-712. Thank you foryoiJr kind consideration .. Judy Deertrack 35 David Newell From: Judy Deertrack Dear Mr. Fagg: With kind consideration for the hard work put into this project, I wanted to ask questions about the City's comments given to the Planning Commission at Wednesday's hearing, and make some recommendations. Would you also submit this email (letter) on the record of Aberdeen for inclusion in the staff report for City Council review? Could you please clarify for me at the hearing with the Planning Commission: (1) what you actually told them regarding continuance and review jurisdiction; and (2) if (on hindsight) you would alter any of those statements. I did not understand some of the limitations imposed upon review of the historic nature of the building, as you can tell from my comment letter submitted; nor did I understand the limitations on a continuance (in general), or denial of jurisdiction to refer the matter to the HSPB. Please forgive if any of my understandings are incorrect, my Adobe Flash will not function or allow me to update, so I can't view the video of the proceedings until this is repaired. Although you may want to respond in writing, I would also welcome a meeting with you or staffto clarify some of this before the City CoWJcil hearing on Aberdeen, and I really believe some of the historic preservation folks might be willing to meet as well. It is my impression that the City has always been very generous in resolving issues with the general public through constructive meetings, particularly when an issue reaches this level of controversy: (1) Continuance: The Planning Commission was told they did not have the option of continuing the matter because of ordinance limitations. May I please know what ordinance or rule or limitation the City was referring to? It was not cited at the hearing. Is there a time limitation running under the Permit Streamlining Act? If so, may I have a sense of that timeline? What the time limitation is, what event triggered its time frame, what date terminates the legal time to review? I was uncomfortable that "a yes or no vote and nothing else" was the City's adamant position, because the applicant I developer was in the audience demanding this! Nexus (O&M HR, LLC) appeared to be exercising the jurisdiction, rather than the City or the Planning Commission, and this is problematic. This pressure to move up to City Council has happened in a context where the AAC and the Planning Commission clearly have major problems with this project, as proposed, and have refused to recommend approval. The fact the City also recently passed an urgency ordinance shortcutting committee and commission review, and an unusual appearance of the City Attorney warning the Commissions I Committees against bias, together 36 with what appears to be a failure to properly assess historic impacts under CEQA- combines to create pressure that may not be in the best interest of anyone. I so strongly recommend that this process slow down for public intervention. It is so clear to me the developer has chosen to expedite timewise, rather than spend requisite time on the issue of the historical significance of the Hugh Kaptur buildings. The obligation ofthe City is to keep the scope of jurisdiction open during these administrative hearings, so that the record is not truncated. (2) HSPB Referral: The Planning Commission was told by the City that the ordinance language of the City did not allow the Planning Commission to make a referral back to the Historic Site Preservation Board (HSPB) to determine the buildings' historical significance for purposes of CEO A (Commissioner Weremiuk asked staff about my comment letter on Valley Advocates- and the claim that the HSPB should have reviewed this building as a "discretionary historical resource" under CEQA, with an advisory opinion to the Planning Commission and City Council.) I believe the City also (somewhat separately) concluded the HSPB did not have jurisdiction to review this building for listing or designation as a local historical resource. At the hearing you stated that the HSPB is limited to review of buildings constructed on or before 1969, therefore, the matter could not be referred to the HSPB on any basis. Later (1 am not sure)-- there may have been a comment that "perhaps there could be a referral," but ultimately the City told the PC this matter could not be delayed or continued, and must go "up" to City Council. Is this, in fact, correct? On the issue of Aberdeen historic resources (and the Hugh Kaptur buildings), I recommend the City clarify HSPB jurisdiction in four important ways; (a) whether the ordinances and/or practices of the City grant authority to the HSPB to review CEQA historicity on a demolition permit to advise the AAC, Planning Commission, and City Council on whether the buildings are historical in nature under the CEQA Guidelines for Cultural Resources, and if so, whether the buildings fall within the classification of (a) mandatory; (b) presumptive, or (c) discretionary, for purposes of setting a proper record of decision for CEQA. (b) associated with Section (a), whether the HSPB has jurisdiction to review and advise whether there is "substantial evidence on the record," given Mr. Hess' testimony and that of others, to conclude that the Hugh Kaptur buildings "meet the criteria for listing on the California Register of Historic Resources"; and (c) whether, as part of its review, the HSPB has jurisdiction to advise and recommend consideration in the commercial district of adaptive reuse of historic resources (Kaptur buildings) as an environmental alternative to the proposed project, or including any specialized conditions of approval or suggested mitigation and monitoring conditions that might be appropriate for the actual proposed project, if applicable; and (d) whether an applicant, the City, and/or the HSPB can initiate an application for local listing eligibility during the pending of an application for demolition permit for the historic buildings at issue (with a clear understanding that local listing or local eligibility are NOT germane to the CEQA responsibilities!). (3) Substantial Evidence of Historicity: Alan Hess is a credentialed historian and nomination expert that stated the following in his letter on file in the Aberdeen project: 2 37 "Briefly stated, Kaptur's significance is this: 1) Palm Springs mid century Modern architecture is known for its use of Modern concepts to solve the challenges of climate, function, and new materials; 2) an extraordinary group of talented architects lived or worked in Palm Springs, and while they addressed the same problems they expressed a wide range of aesthetic solutions; 3) Hugh Kaptur's aesthetic is unique in Palm Springs, demonstrating the wide range of fertile innovation in the city. Tahquitz Plaza is an important and well preserved example of Kaptur's unique approach. Rather than drawing on the rectilinear steel and glass geometries of, for example, Richard Neutra, he draws on organic forms and ideas from the American Southwest, and Frank Lloyd Wright. This is seen in Tahquitz Plaza's irregular roofline, the deep, sculpted, curving frames around windows, the eaves and sun shading features, and the integration of outdoor areas interspersed among the offices. This is a strong piece of design that deserves to remain in place." Comment Letter of Alan Hess on file, dated February 19, 2015. This description, without a doubt, should qualify the Hugh Kaptur buildings for review under CEQA and independently qualify it for consideration as a Class I structure if the application is still timely (and I do not sec anything barring that application). l see nothing in the ordinances that bars qualified public members, HSPB, or City Council from initiating a review or nomination simply because a demolition and PDD permit is in process. I would want to be sure that the City, in its hearing process, has done nothing to discourage the public or HSPB from concluding this application is permissible -- at least not without carefully documenting the legal bar to filing an application. (4) Distinguish CEQA: Please note through all of this discussion-- my position in my comment letter cites Valley Advocates-- there is a vast difference between a request for designation and listing as a local resource, and the requirements of review for CEQA with its informational and mitigation responsibilities! Without a doubt, the City should have provided a clear record of review to establish whether the Kaptur buildings qualify as a discretionary resource under CEQA Guideline 15064.5 sub (a) (3) & (4). That clearly has not occurred: "The second sentence of Guidelines section 15064.5, subdivision (a){3) contains the following mandatory language: "Generally, a resource shall be considered by the lead agency to be 'historically significant' if the resource meets the criteria for listing on the California Register of Historical Resources .... " [15] {Italics added.)" [emphasis added] Valley Advocates at 702-703 Mr. Hess' letter certainly would have raised this issue for environmental consideration. Mr. Hess' analysis and findings, together with the impressive resume and credentials, appear to create substantial evidence on the record for administrative consideration on the building historicity. Reviewing the Mitigated Negative Declaration proposed for adoption by the City Council, the reasoning appears fatally defective and falls right into the trap of Valley Advocates. By CEQA discussion, the City disqualifies the buildings for CEQA historicity as a potentially significant resource ONLY because (quoting the MND). Discussion oflmpacts: a) No Impact. "The existing buildings are not listed as a state historical resource of significance, nor are the buildings locally listed with the City of Palm Springs. No 3 38 impacts to historic resources are expected to occur as a result of build out of the proposed project." I, again, return to the finding of Valley Advocates, invalidated the project permit for insufficient CEQA review and lack of jurisdiction to act: B. Discretionary Historical Resources "Prior determinations regarding the listing of a building on a local register are relevant to the presumptive historical resource category, but prior determinations not to list a building or include it in a survey do not control whether the object or building may be treated as an historical resource under CEQA's discretionary historical resource category. (See Guidelines,§ 15064.5, subd. (a)(3)&(4).)" ..... (emphasis added] "Accordingly, the decision not to list a building on a local register does not necessarily resolve all factual questions and discretionary aspects of the City Council's inquiry into whether the building is an historical resource for purposes of CEQA's discretionary historical resource category." Valley Advocates at page 708. (5) Stay of Demolition: Throughout the entire review period of Aberdeen, the City appears to have always taken (or implied) a public position that it would be null and void for a third party or for any member of HSPB to initiate an application for review and designation of the site for historic significance or listing for these buildings (aside from CEQA). Certainly that is true ifthcy have advised the public that the building must be constructed on or before 1969 to qualify. Can the City now profit (laches) from misleading the public (if, in fact, they have), and preclude the timeliness of an application for listing? Looking at Ordinance 8.05, it appears to anticipate action by the HSPB during a period when a demolition permit and project review is in progress, for Ordinance 8.05 clearly states: 8.05.170 Stay of demolition. "At any time after the initiation of proceedings for designation of an historic site or district, the historic site preservation board may, upon its own motion or upon the application of any interested person, issue an order staying any proposed or threatened demolition or alteration of the exterior of any structure within or upon such proposed site." [emphasis added] 8.05.166 Initiation of proceedings-National Register. (a) The historic site preservation board may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion, and shall then hold at least one public hearing prior to making a recommendation to the city council. 39 4 (b) The city council may initiate proceedings for designation of an historic site or district or the recommendation of a property for nomination to the National Register by motion, and shall then refer to the matter to the historic site preservation board for public hearing and recommendation. (c) Upon final action by the city council recommending a property for nomination to the National Register, the recommendation will be forwarded by appropriate application to the state of California Department of Parks and Recreation. (Ord. 1320 § 7, 1988) 8.05.200 Procedure upon application. (a) Upon the filing of an application, the secretary of the board shall set the matter for review and shall give notice in accordance with the rules of the board. The board shall make its decision within forty-five days from the date the application is filed. If the board fails to act within forty-five days, the application is considered approved unless the applicant and the board agree to an extension of time. [emphasis added] I am assuming any party may file for an application, as long as they submit the required data, since the ordinance does not specifY otherwise. (6) Brown Act: I did want to alert the City that the posted agenda (notification) for this PC hearing looks problematic to me. It states in the public notice, "O&E HR, LLC,far the demolition of an existing project and parking area to construct..... [project description]" The staff report states, "Recommend the City Council adopt the mitigated negative declaration and approve the project, subject to conditions." [emphasis added] For purposes of adequate public nouce on the agenda, I would recommend referring to the underlying pemnittypology. Approving "a project" doesn't tell us what is being approved. Decision makers approve land use entitlements and the supplemental pennits, and often in stages. Where in the description does this say whether this is a PDD, a CUP, a combination, a demolition pemnit that will be issued before or after project approval? A carefully crafted description answers those questions. The public needs to know whether Planning Commission has final approval or is making a recommendation to the City Council. (7) Demolition Permit Premature: Frank Tysen raised the issue that it is premature to issue a Demolition Permit when the underlying project has not been approved, and I agree. What will happen if the historical structure is demolished and the subsequent project is denied? It sets up a perfect bias. Once demolished, with an empty lot, impartiality of review cannot be maintained, because the City will be desperate to correct the blight. If demolished ahead of a CEQA delemnination on the MND (or need for an EIR), the consideration of envir.anmental alternatives is destroyed as an option, and mitigation considerations are truncated or destroyed. This cannot possibly be legal. This, again, is why public notice must show the action item. Is the demolition permit under review? Who has final authority? What happens to the unresolved PDD and MND? (8) Valley Advocates Finding: The Fourth District Court of Appeal spoke overtly about the failure to properly instruct the decision making body of their options In classifying the structure as an historic resoui'Ce. The result of not doing so prejudiced the final election of the body on whether to approve, deny, or refer. I maintain the City has created the same bias through failure to prOperly instruct the Planning Commission on the option to elect or consider the Kaptur buildings as historic resources, or precluding them from seeking legal advice on this issue, and/or refening the matter for determination to the HSPB. Valley Advocates discusses the issue as such: "Instead, the City Council should have been informed of the following. First, its prior determination to deny the listing application meant that the Flats did not qualify for CEQA's presumptive historical resource category. [161 Second, a listing determination and a CEQA determination are not the same thing. Third, at a minimum, the City Council had a discretionary election to make at the May 3, 2005, hearing. Specifically, it could elect to separately consider whether the Flats were an historical resource for purposes of CEQA 's discretionary historical resources category. "Because the City Council was misinformed about its discretion to make such an election, it follows that the City Council did not, in fact, exercise its discretion and make such an election." [emphasis added] Valley Advocates at page 704. 5 40 Because of advice of staff at the Planning Commis~on hearing, the Planning Commission was denied the full range of opportunities to consider the implications of the Hugh Kaptur buildings as discretionary historical resources. Thank you so much for your review of this material. Judy Deertrack 760 325 4290 41 6 STATE OF CALIFORNIA- THE NATURAL RESOURCES AGENCY EDMUND G BROWN. JR., Go\lefOOf OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATION 1725 23.rll Sired. Suite 100 SACRAMENTO, CA 95816-7100 (916}445--7000 Fax: (!:l"1ti}44b-t05J. calshpo@parlts_ca gov www.ohp.pe.rks.ca.9 March 27, 2015 David Newell Associate Planner City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Dear Mr. Newell, RE: ABERDEEN PROJECT INITIAL STUDY MITIGATED NEGATIVE DECLARATION Thank you for including the California Office of Historic Preservation (OHP) in the environmental review process for the proposed Aberdeen Project. Pursuant to the National Historic Preservation Act and the California Public Resources Code, the State Historic Preservation Officer (SHPO) and the OHP have broad responsibility for the implementation of federal and state historic preservation programs in California. We have a history working with the City of Palm Springs (Lead Agency) through our Certified Local Government Program. Our comments are offered with the intent of protecting historic and cultural resources, while allowing the City of Palm Springs to meet its program needs. The following comments are based on the information included in the Initial Study/Mitigated Negative Declaration (IS/MND) for the Aberdeen Project. The proposed project will construct an 8 acre mixed-use development with 7 4 residential units, and 17 live-work units, with approximately 1 ,568-square feet of retail space. The project site is partially occupied by the Tahquitz Plaza office complex, which would be demolished as part of the proposed project. In order to adopt the IS/MND as an adequate environmental document the in compliance with CEQA, the decision making body must find that it has adequately addressed environmental impacts. If the document has failed to identify significant environmental impacts, the decision making body should not adopt the findings as adequate. Pursuant to the city's Municipal Code § 8.05.135, the City's Preservation Board is responsible to "conduct or cause to be conducted such preliminary surveys, studies or investigations as it deems necessary to adequately inform the historic site preservation board and city council prior to public hearing, and shall make available to any interested person the results of any such survey, study or investigation'' In keeping with this provision of the municipal code, the City of Palm Springs commissioned a city-wide historic architecture survey. This survey effort is currently ongoing. As part of this survey effort, we understand the Tahquitz Plaza office complex was evaluated and identified as a historical resource. These findings were provided to the Lead Agency as 42 David Newell March 27, 2015 Page 2 of 2 part of the CEQA comment process in a letter dated February 19, 2015, authored by Alan Hess, a specialist in the field of architectural history. The discussion of environmental impacts within the IS/MND states that the Tahquitz Plaza office complex is not a historic resources as defined in the CEQA Guidelines § 15064.5 because "[t]he existing buildings are not listed as a state historical resource of significance. nor are the buildings locally listed with the City of Palm Springs." Yet, CEQA Guidelines§ 15064.5 (4) states that "[t]he fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources, or identified in a historical resources survey does not preclude a lead agency from determining the resource may be a historical resource [for the purposes of CEQA] ... " There is no mention in the IS/MND of the ongoing city-wide survey, nor any evaluation of eligibility for the Tahquitz Plaza office complex. In light of the preliminary findings of historical significance described in the Alan Hess letter, we encourage the Lead Agency to act within its discretion, provided in§ 15064.5(4) of the CEQA Guidelines, to consider the Tahquitz Plaza office complex as a historic resource for the purposes of CEQA. If the Lead Agency is to consider the Tahquitz Plaza office complex a historic resource, it could not reasonably adopt the findings in the IS/MND as being in compliance with CEQA and adequately addressing significant environmental impacts. If the Lead Agency chooses to exercise its discretion under § 15064.5(4) of the CEQA Guidelines and treat the Tahquitz Plaza office complex as a historic resource, it may be possible to modify the proposed project to avoid impacts to the historical resources. If the project is modified to avoid demolition, impacts to historic resources could be avoided. In this way, the Lead Agency could modify the IS/MND, and avoid the time and cost involved in preparing an Environmental Impact Report (EIR). If you have questions, please contact Sean de Courcy of the Local Government and Environmental Compliance Unit, at (916) 445-7042 or at [email protected]. Sincerely, Carol Roland-Nawi, Ph.D. State Historic Preservation Officer CC: Palm Springs City Council Palm Springs Preservation Foundation 43 !' ECE! 'fED ·~ ~-' ..~ ! : _, :_ Palm Springs City Council 2015 M)R -7 Pil 4: 3 , My name is Hugh Kaptur, I have spent fulltime, the last;90cu> 1 years of my life living in Palm Springs, earning a living in the field of architecture. In the eighties and nineties I've contributed my time, as a member to the city Architectural Review Board and the Planning Commission. I have a deep respect for you, contributing your time to our great city as well. Reviewing the Aberdeen project, I have some serious concerns as to the concept that is being presented. They are from a historic standpoint, good planning practices, and personal. Our forefathers from the fifties envisioned Tahquitz Mccallum to be a grand boulevard connecting the City Airport and the Downtown. Their dream was cemented into the Palm Springs General Plan and Zoning Ordinances along this boulevard. Their plan was high end development along its frontage, to create an impressive avenue for visitors, visiting Palm Springs. To achieve this goal, strict conditions were written into the Zoning Ordinance as to what would be allowed. The Aberdeen project as presented violates all of the conditions set forth in the zoning, including setbacks, heights, density, parking and use. This dream our forefathers had for Palm Springs and Tahquitz Mccallum has been handed down through the years, council to council and respected. In my opinion it is your duty, to continue that legacy, and enforce our General Plan and Zoning Ordinances. 44 This concept being presented of small cubicles with live workings spaces, is not new, it's been going on for hundreds of years, and under certain conditions works well. The Pacific Coast and other similar areas, where wide boardwalks and severallOO yards of Sandy Beach overlooking the Ocean, it has become particularly popular. These areas draw hundreds if not thousands of vacationers and beachgoers to enjoyed nature's gifts. These areas also have wide barriers separating people from vehicular traffic. Looking at the Aberdeen project at this location none of these demographics are represented. Let's assume the developers hope comes true, that this use will draw pedestrians, that creates a major planning problem. With its narrow sidewalks and the 40 mph speed limit on Tahquitz with no barrier, separating pedestrians and vehicular traffic, is an accident waiting to happen. Even downtown you have curb parking which separates people from vehicles. Tahquitz Plaza has become a significant piece of architecture, not that I have designed it, but that the buildings themselves have become part of a heart and soul for iconic architecture in Palm Springs. These buildings are being suggested for CEQA. review. Tahquitz Plaza is included in many of the architectural tours that have made Palm Springs so popular in recent years. According to Palm Springs Life Magazine, modernism week, and yearly architectural tours brings hundreds and hundreds of thousands of dollars of revenues to local hotels, restaurants 45 and retailers and some of the things which in turn adds to the city tax base. I'm in hopes this counsel will keep in mind its historic commitment to your predecessors, and not allow the Plan Development process to overrule good planning practices! Respectfully yours Hugh M. Kaptur 46 CHATTEN-BROWN & CARSTENS LLP 2200 PACFJCCOAST HIGHWAY TF.LEPHONE:(310) 798-2400 SUITE 318 E.-MAll.: FACSIMILE: (310) 798-2402 HERMOSA BEAC'H, CAUFORI'IA 90254 [email protected]'OM www. cb April8,2015 Via Email Original to follow Honorable City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Re: Comments on Aberdeen Project, Case Nos 5.1361 PD-375, CUP, 3.3820 MAJ and TIM 36876; Objection to Demolition of Historic Tahquitz Plaza Honorable Councilmembers: On behalf of the Palm Springs Modem Committee, we urge the City to require the preservation of the Tahquitz Plaza as part of the proposed Aberdeen Project. The Aberdeen Project, as described in the mitigated negative declaration {MND) prepared for the project, includes: demolition of all four Hugh Kaptur designed buildings that comprise the historic and architecturally significant Tahquitz Plaza; construction of 74 residential units; and construction of 17 live-work units along Tahquitz Canyon Way (the "Project" or "Aberdeen Project"). The Project was slightly revised as presented to the Planning Commission to reduce the number of residential units to 73 and the number of live-work units to 13 to allow for the preservation of one of the four Tahquitz Plaza buildings, but it is unknown to the Palm Springs Modern Committee whether the MND version of the Project or the Planning Commission version of the Project will be presented to the City Council. Under either iteration, the Project would result in significant adverse impacts that have not been disclosed or analyzed in the MND. The California Environmental Quality Act ("CEQA") requires preparation of an environmental impact report ("EIR") whenever a project may have a significant adverse impact on the environment. (Public Resources Code section 21151.) As proposed, the Aberdeen Project would result in the demolition of all or most of the Tahquitz Plaza, resulting in significant adverse historic resource and aesthetic impacts. Despite pleas to analyze the significance of and impacts to this resource from numerous members of the public, including experts in historic architecture, the Planning Commission and even the California Office of Historic Preservation, the 47 Palm Springs City Council April 8, 2015 Page 2 of 10 City has provided no analysis of the Tahquitz Plaza. The Project would also result in land use and aesthetic impacts due to the Project's inconsistencies with height, setback, inclusion of prohibited uses and landscaping requirements. Approval of the Project as proposed, and based upon only a MND, would result in a clear violation of CEQ A. However, revising the Project to include the preservation of the Tahquitz Plaza would mitigate the majority of these potentially significant impacts, likely obviating the need for an ElR. A revised Project would provide the City with a project that preserves Palm Springs' important architectural history while still accommodating a substantial amount of new development. I. CEOA's Requirements An EIR must be prepared instead of a MND when there is substantial evidence to support a fair argument that the project may have significant adverse environmental impacts. "The fair argument standard is a "low threshold" test for requiring the preparation of an EIR" (Pocket Protectors v. City ofSacramento (2004) 124 Cal.App.4th 903, 928.) "If there is substantial evidence of a significant environmental impact, evidence to the contrary does not dispense with the need for an EIR when it can still be 'fairly argued' that the project may have a significant impact." (Friends of "B" Street v. City ofHayward (1980) I 06 Cai.App.3d 988, I 00 I; see also CEQA Guidelines § 15064.) It is a question of law, not fact, whether a fair argument exists, and courts owe no deference to a lead agency's determination. There is a clear preference for resolving doubts in favor of preparing an EIR. (Architectural Heritage Association. v. County of Monterey (2004) 122 Cai.App.4th I 095, 1110; San Joaquin Raptor/Wildlife Rescue Center v. County ofStanislaus (1996) 42 Cai.App.4th 608, 617-618; Stanislaus Audubon Society. Inc. v. County ofStanislaus (1995) 33 Cal.App.4th 144, 151; Quail Botanical Gardens Foundation, Inc. v. City ofEncinitas (1994) 29 Cai.App.4th 1597, 1602-03.) There is substantial evidence to support a fair argument that, as proposed, the Aberdeen Project may have significant adverse impacts. The Project would demolish the historically significant Tahquitz Plaza, resulting in significant historic resource impacts. The Project also fails to comply with numerous land use regulations and requirements. This noncompliance results in both land use and aesthetic impacts that were not analyzed or even acknowledged by the MND. A. Historic Resource Impacts. CEQA section 21084.1 mandates that "[aJ project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment." A substantial adverse change in the significance 48 Palm Springs City Council AprilS, 2015 Page 3 of 10 of an historical resource includes "physical demolition, destruction, relocation, or alteration of the resource... " (CEQA Guidelines§ 15064.5(b)(l).) The Aberdeen Project would demolish the historically significant Tahquitz Plaza, resulting in a significant adverse impact. 1. Tahquitz Plaza is an Historic Resource. Hugh Kaptur is among Palm Spring's most important and visionary local architects. He is an innovative designer with his own distinctive to Desert Modem architecture. Mr. Kaptur was the subject of a recent documentary, Quiet Elegance: The Architecture ofHugh M Kaptur. (See http://,.·ww.thisnthattilms.net/hul!h-kaplur.html, incorporated by reference.) The importance of his work within the City was also recognized when he received a star on the Palm Springs Walk of Stars in 2014 alongside those including William F. Cody, Albert Frey, Donald Wexler and E. Steward Williams. The Tahquitz Plaza is a shining example of Mr. Kaptur's originality and ingenuity. The beautiful pueblo-influenced design of these buildings embodies his distinctive style. 'The Tahquitz Plaza was also designed to be energy efficient with thick walls and wide overhangs that protect the buildings from absorbing heat and an orientation intended to capture breezes. The visually prominent location of the Tahquitz Plaza along Tahquitz Canyon Way heightens the significance of this resource. Under CEQA, "[g]enerally, a resource shall be considered by the lead agency to be 'historically significant' if the resource ... : (A) Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; (B) Is associated with the lives of persons important in our past; (C) Embodies the distinctive characteristics o(a type. period. region. or method of construction. or represents the work o(an important creative individual. or possesses high artistic values; or (D) Has yielded, or may be likely to yield, information important in prehistory or history." (CEQA Guidelines§ 15064.5(a)(3).) The record for the Aberdeen Project is replete with evidence regarding the importance of Hugh Kaptur and the significance of the Tahquitz Plaza. The following evidence submitted by experts clearly demonstrates the Tahquitz Plaza embodies distinctive characteristics of Desert Modem design, represents the work of an important creative individual and possesses high artistic values. Thus, the City must consider the Tahquitz Plaza an historic resource and analyze any impacts to this resource in an EIR. Alan Hess, architect, historian, and the author of numerous books on Modern architecture, submitted comments regarding the importance of Hugh Kaptur in history of 4S Palm Springs City Council AprilS, 2015 Page 4 of 10 Palm Springs Modernism. (Attachment 1, February 19, 2015 Hess Letter to City and March 20,2015 Hess Letter to OHP.) His letter describes Hugh Kaptur's unique style and the high artistic value of his work at Tahquitz Plw.a. Mr. Hess is a consultant on the City's Citywide Historic Resource Survey Update that is currently being prepared. He has strongly recommended the listing ofTahquitz Plaza as a significant resource on that survey. Architectural historian Morris Newman interviewed Hugh Kaptur as part of his work on an essay regarding Mr. Kaptur published in The Desert Modernists: The Architects Who Envisioned Midcentury Modern Palm Springs. (Attachment 2, Newman Essay re Hugh Kaptur.) Mr. Kaptur informed Mr. Newman that the Tahquitz Plaza, where Mr. Kaptur maintained his practice for many years, is one of his favorite projects. In comments submitted to the City, Mr. Newman found that "[a)lthough Tahquitz Plaza is not a loud or flashy building, it shows many signs of architectural originality and creativity... In my view, the Tahquitz office complex is one of the "sina qua non" buildings of Palm Springs." (Attachment 3, Newman Email to City.) Mr. Newman also noted the importance ofTahquitz Plaza is enhanced by the fact that it is part of a trio of Kaptur-designed buildings along this stretch of Tahquitz Canyon Way. Brad Dunning, a former Historic Site Preservation Board member and designer known for working on architecturally significant properties and restorations, also submitted comments urging preservation of the Tahquitz Plaza. He stated that Hugh Kaptur' s work is as important to Palm Springs as that of Albert Frey, E. Stewart Williams, Donald Wexler, and William Cody. He found Kaptur's work to be "distinctive, unique and in the case of his pueblo modern design at Tahquitz Plaza highly contextual and specific to stylish Palm Springs." (Attachment 4, February 20,2015 Dunning Email to City.) The architect for the Tahquitz Plaza, Hugh Kaptur, who is also a former Planning Commissioner and member of the City's Architectural Advisory Committee, has articulated before the Planning Commission and in a recent editorial why the Tahquitz Plaza is one of his favorite projects. (Attachment 5, April 7, 2015 Kaptur Editorial in Desert Sun.) Mr. Kaptur feels the Tahquitz Plaza represents some of his best work, noting that the buildings were the recipients of architectural awards in 1979 and 1980. The California Office of Historic Preservation has also urged the City consider the Tahquitz Plaza an historic resource and either modify the Aberdeen Project to preserve the Tahquitz Plaza or to prepare an EIR tu analyze the impacts. . The OHP's letter officially states "in light of the preliminary findings of historical significance described in the Alan Hess letter, we encourage the Lead Agency [the City) to act within its 50 Palm Springs City Council April 8, 2015 Page 5 of 10 discretion ... to consider the Tahquitz Plaza office complex as a historic resource for the purposes of CEQA." The OHP letter further states that the City has the discretion under CEQA to "treat the Tahquitz Plaza office complex as a historic resource, [and that] it may be possible to modify the proposed project to avoid impacts to the historic resources .... In this way, [the City] could avoid the time and cost involved in preparing an Environmental Impact Report (EIR)." The City's own design and land use experts, the Architectural Advisory Committee and the Planning Commission, recognized the significance of Tahquitz Plaza and recommended denial of the Project based in large part upon the proposed demolition of these buildings. 1 At the Planning Commission hearing, a Commissioner asked City staff whether the City could fmd a building to be a local historic resource if it had not yet reached 50 years of age. No specific answer was provided, but a review of the City's Historic Preservation Ordinance demonstrates there is no prohibition or limitation regarding buildings that are less than 50 years and the City has previously listed resources that were less than 50 years of age. The Historic Preservation Ordinance was adopted "for the purpose of preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history." (Palm Springs Municipal Code 8.05.010.) This Ordinance defines an historic site as "any real property ... that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic effect and: ... (4) That embodies the distinctive characteristics of a type, period or method of construction; or (5) That presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age; or that possesses high artistic value." (Palm Springs Municipal Code 8.05.020(a).) The expert testimony demonstrates that the Tahquitz Plaza meets criteria (4) and (5) of the City's definition of an historic site. The wealth of evidence regarding the historic significance of the Tahquitz Plaza is similar to the evidence presented to the county in Architectural Heritage Association v. County ofMonterey (2004) 122 Cal.App.4th 1095. In that case, the court found that the opinion of a consultant commissioned by the county, findings of an advisory committee and testimony of members of the public with relevant expertise represented "substantial evidence supporting a fair argument that the Old Jail is an historic resource." (Id. at 1118.) Here, a City commissioned consultant (Alan Hess). other experts in the community, the Architectural Advisory Committee, the Planning Commission and 1 The Planning Commissioners that voted against denial of the Project did not dispute the significance of the Tahquitz Plaza. Instead, they stated that they did not believe it was economically feasible to preserve these buildings. There is no economic analysis in the record to support this conclusion. Moreover, this is a detennination that can only be made after analysis in an EIR. 51 Palm Springs City Council April 8, 2015 Page 6 of 10 even the California Office of Historic Preservation have urged the Citv to consider the Tahguitz Plaza to be an historic resource. Failure to do so is a violation of CEOA as it was In Architectural Heritage Association. 2. The MND Provide No Evidentiary Support for Finding ofInsignificant Impacts to Historic Resources. Despite all of the evidence presented to the City, and the importance of Hugh Kaptur and the Tahquitz Plaza, the MND!Initial Study completely ignores the buildings' potential historic significance, Instead of evaluating the historic significance of these resources, the MND/lnitial Study merely references the Tahquitz Plaza as "1971 vintage office buildings." (MND p. 24.) The MND!lnitial Study does not disclose that Hugh Kaptur was the architect of these buildings nor does it describe their unique design. It states that the buildings are not listed on the state or local register, but does not acknowledge that the buildings may soon be listed on the City's historic resources survey. Further, as pointed out by the Office of Historic Preservation, the fact that a resource is not listed on a register does not preclude a resource from meeting the criteria for historic resource under CEQA. CEQA "does not demand formal listing of a resource in a national, state or local register as a prerequisite to 'historical' status. The statutory language is more expansive and flexible." (Architectural Heritage Ass'n, supra 122 Cal.App.4th at 1114, citation to League for Protection of Oakland's Historic Resources v. City of Oakland (1997) 52 Cal.App.4th 896, 907.) The City's failure to evaluate the historic significance of the Tahquitz Plaza, despite substantial evidence of the buildings historicity and requests from the Planning Commission to study these impacts, is a violation of CEQ A. The purpose of the initial study is to provide the lead agency with adequate information regarding a project to determine the appropriate environmental review document and "documentation of the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environment." (Ctr.for Sierra Nevada Conservation v. County ofElDorado (2012) 202 Cal. App. 4th 1!56, 1170, citations omitted.) "Where an agency... fails to gather information and undertake an adequate environmental analysis in its initial study, a negative declaration is inappropriate." (EI Dorado County Taxpayers for Quality Growth v. County ofEl Dorado (2004) 122 Cal. App. 4th 1591, 1597, citations omitted.) Failure to adequately analyze all of a project's potentially significant impacts or provide evidence to support conclusions reached in the initial study is a failure to comply with the law. This failure to provide an analysis is also a violation of the City's General Plan Policy RC 10.3, which states: "Require site assessment conducted by a qualified 52 Palm Springs City Council April 8, 2015 Page 7 of 10 specialist whenever information indicates that a site proposed for development may contain paleontological, historic, or archaeological resources." The evidence cited above clearly indicates the Tahquitz Plaza not only may be but is an historic resource. 3. The City's Failure to Follow OHP Recommendations Could Jeopardize Its Status as a Certified Local Government. Palm Springs was recently approved as a Certified Local Government (CLG) by the California Office of Historic Preservation (OHP). The CLG Program is designed to encourage the participation of local governments in the identification, evaluation, registration, and preservation of historic properties in their communities. CLG communities are also eligible to receive a wide range of technical assistance and substantial grants from the OHP. The OHP monitors CLG communities' compliance with CEQA and other laws and regulations intended to protect historic resources. A determination by OHP that the City has failed to comply with CEQA could result in a loss of CLG status and/or the City's inability to receive OHP grant funding. OHP has recommended the City evaluate the historic significance of the Tahquitz Plaza. To comply with CEQA and protect its status as a CLG, the City should follow this recommendation. B. Land Use Impacts. The Architectural Advisory Committee and the Planning Commission have identified numerous areas in which the Aberdeen Project would be inconsistent with the Section 14 Specific Plan and City zoning regulations. The majority of these inconsistencies would be resolved if the Project were modified to include the preservation of Tahquitz Plaza. A project's conflict with any applicable land use plan, policy or regulation is a significant environmental impact under CEQA. (Pocket Protectors v. City ofSacramento (2004) 124 Cal.App.4th 903, 929.) "If substantial evidence supports a fair argument that the proposed project conflicts with [land use] policies, this constitutes grounds for requiring an EIR. Whether a fair argument can be made on this point is a legal question" that provides no deference to a city council determination. The Aberdeen Project would exceed Section 14 height limits. The MND dismisses this land use policy conflict by claiming the Project would meet the requirements of the City's high-rise development standards. (MND p. 12.) As found by the Planning Commission, the Project would not comply with the high-rise development standards because it lacks the required setbacks by providing only 6.75 feet of setback from Tahquitz Canyon Way. Planning Commissioner's fact-based conclusions regarding a 53 Palm Springs City Council Apri18, 2015 Page 8 of 10 project's failure to comply with land use policy is substantial evidence to support a fair argument that the project would have significant land use impacts. (Stanislaus Audubon Society, Inc. v. County ofStanislaus (1995) 33 Cal.App.4th 144, 155.) Additionally, the Project would not include 60 percent open space, which is required to meet the high-rise development standards. (Palm Springs Municipal Code 93.04.00(A).) If the Tahquitz Plaza were preserved, adequate setbacks would be provided along Tahquitz Canyon Way and additional open space would be included in the Project, which would likely allow the Project to meet the high-rise standards for the remainder of the Project. The Project would also result in a land use impact by including single family homes in area where single family homes are prohibited. (Section 14 Specific Plan p. 6- 4.) The MND ignores this inconsistency by mischaracterizing the Project as multi-family housing. The City's Municipal Code defines multi-family housing as "a building designed for or occupied by two (2) or more families living independently of each other." (Palm Springs Municipal Code 91 .00.10.) In the Aberdeen Project, the majority of the buildings, particularly those along Tahquitz Canyon Way, are completely detached units that are designed for occupancy by only one family, thus they do not meet the City's definition of multi-family housing and are prohibited by the Section 14 Specific Plan. The MND is inaccurate and misleading to the public and decision makers by failing to disclose the inclusion of a prohibited use in this Project. The setback, height and use conflicts are similar to those found by the court to be significant impacts requiring preparation of an EIR in Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903. In the Pocket Protectors case, the planning commission found a densely packed single family housing project to be inconsistent with housing type and setback policies for the area. The MND prepared in that case glossed over or ignored the inconsistencies, much the way it does here, and the project approval was found to be in violation of CEQA. The Aberdeen Project further violates land use policies due to its inconsistencies with required landscaping along Tahquitz Canyon Way. The minimal setbacks provided by the Project do not allow adequate space for the large palm trees, desert landscaping, public art and pedestrian amenities along Tahquitz Canyon Way required by the Section 14 Specific Plan. The MND acknowledges the inconsistency and provides mitigation measure MMI-1, which states: "Project site plans, architectural renderings and landscape plans shall be revised to address inconsistencies with the development standards and other design requirements of the Section 14 Specific Plan, as determined by City Council." The ability of mitigation measures to actually mitigate impacts must be evaluated in the environmental review document. By waiting until after the City Council hearing to develop a mitigation measure for this impact, the MND fails to assess the efficacy of the 54 Palm Springs City Council AprilS, 2015 Page 9 of \0 measure and improperly defers mitigation. The developer has opted not to make the revisions necessary to bring this Project into compliance with the Section 14 Specific Plan and thus the inconsistency, and land use impact, remains. The Project would also violate several City General Plan policies, resulting in further land use impacts. The General Plan requires the City to: • RCIO.l Support the preservation and protection ofhistorically, architecturally, or archaeologically significant sites, places, districts, structures, landforms, objects, native burial sites and other features. • RC I 0.2 Encourage and support the retention and adaptive reuse of buildings of architectural, historic, or cultural significance where financially feasible. • RC I 0.5 Actively encourage and promote the understanding, appreciation, and preservation of the archaeological, historic, and cultural resources. By allowing the demolition of the historically significant Tahquitz Plaza, the City's approval of the Project would violate these General Plan policies. C. Aesthetic Impacts The Aberdeen Project would also result in significant aesthetic impacts that require analysis in an EIR The proposed demolition of the historically significant Tahquitz Plaza at a prominent location in the City's downtown would degrade the visual character of the area. These architecturally distinctive buildings with wide landscaped setbacks would be replaced with densely packed units that exceed height limits and violate setback requirements. The Planning Commission has questioned the viability of providing live work units along Tahquitz Canyon Way and expressed concern that these visually prominent units would end up being used as storage space, further degrading the visual character. This degradation is particularly significant because Tahquitz Canyon Way is designated as a scenic corridor by the City's General Plan. Conclusion The Palm Springs Modern Committee urges you to reconsider the proposed Aberdeen Project. As proposed, the Project's impacts require analysis in an EIR and the City's proposal to approve the Project based upon a MND violates CEQA. If the Project were revised to include preservation of the Tahquitz Plaza, the majority of the housing units could still be constructed, but the impacts of the Project would be substantially reduced. 55 Palm Springs City Council April 8, 2015 Page 10 of 10 Thank you for your time and consideration in this matter. Sincerely, /y))j}-- (/ v Amy Minteer Attorney at Law Attachments: Attachment 1, February 19,2015 Hess Letter to City and March 20,2015 Hess Letter to OHP Attachment 2, Morris Newman Essay re Hugh Kaptur. Attachment 3, Morris Newman Email to City re Aberdeen Project Attachment 4, February 20,2015 Dunning Email to City Attachment 5, April 7, 2015 Kaptur Editorial in Desert Sun cc: Flinn Fagg, AICP, Director of Planning Services David Newell, Associate Planner David H. Ready, Esq., Ph.D., City Manager James Thompson, City Clerk Palm Springs Modern Committee National Trust for Historic Preservation California Preservation Foundation 56 ATTACHMENT 1 57 . - . -·------ ALAN HESS ARCHfTEC"T 4991 CORK WOOD LAN F.: IRVINE, CA 92612 949 551 S343 www.alanhess.r.et February 19, 2015 Terri Hintz Planning Department Administrative Coordinator City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Re: Tahquitz Plaza by architect Hugh Kaptur, Tahquitz Canyon and Calle El Segundo To the Planning Commission: I am writing as an architect, historian, and author of nineteen books on Modern architecture to express my support for the preservation of the Tahquitz Plaza office complex because of its historical significance to Palm Springs and California architecture. Please share this letter with the Planning Commissioners prior to their February 25, 2015 meeting. I have written two books on Palm Springs architecture (Julius Shulman: Palm Springs, Rizzoli International, 2008, and Palm Springs Weekend, Chronicle Books, 2001) and can say that these buildings, and the work of architect Hugh Kaptur, play an important role in what is now identified as Palm Springs Modernism. I am also a consultant on architectural history for the current City of Palm Springs architectural survey. I have already unequivocally recommended Tahquitz Plaza as a significant building in that survey. My resume is attached. I have written on architecture for the Los Angeles Review of Books, The Architect's Newspaper, The Los Angeles Times, Architectural Digest, the Journal of the Society of Architectural Historians, and other journals_ I have been the architecture critic of the San Jose Mercury News since 1986, received a grant from the Graham Foundation for Advanced Studies in the Fine Arts, and was a National Arts Journalism Fellow at Columbia University. The research of the importance of Palm Springs Modem architecture in general is very recent. Only a decade ago, the work of now-recognized architects such as William Cody, Donald Wexler, Palmer & Krisel, and E. Stewart Williams was not well known 58 generally; few Modern buildings now considered iconic were identified as historic then. Since then, our understanding of these and other architects has made us aware of the full dimension of Palm Springs architectural history. As we continue researching this history, it is clear that the work of Hugh Kaptur makes a significant contribution to the unique character of Palm Springs architecture. This opinion is not mine alone; the newly published book The Desert Modernists: The Architects Who Envisioned Midcentury Modem Palm Springs (Desert Publications, 2015) and the documentary film Quiet Elegance: The Architecture of Hugh M. Kaptur (Bert Simonis, director, 2014) indicate the clear direction of scholarly opinion on Kaptur's importance. Briefly stated. Kaptur's significance is this: 1) Palm Springs midcentury Modern architecture is known for its use of Modern concepts to solve the challenges of climate, function, and new materials; 2) an extraordinary group of talented architects lived or worked in Palm Springs, and while they addressed the same problems they expressed a wide range of aesthetic solutions; 3) Hugh Kaptur's aesthetic is unique in Palm Springs, demonstrating the wide range of fertile innovation in the city. Tahquitz Plaza is an important and well preserved example of Kaptur's unique approach. Rather than drawing on the rectilinear steel and glass geometries of, for example, Richard Neutra, he draws on organic forms and ideas from the American Southwest, and Frank Lloyd Wright. This is seen in Tahquitz Plaza's irregular roofiine, the deep, sculpted, curving frames around windows, the eaves and sun shading features, and the integration of outdoor areas interspersed among the offices. This is a strong piece of design that deserves to remain in place. In addition, its site on Tahquitz Canyon places it in the context of the city civic center, an extraordinary collection of Modem buildings serving civic purposes, and rare in the state. I am writing this letter pro bono because historic architecture of this quality adds to the civic character and quality of city life. In the years before Palm Springs' heritage was fully understood, the city lost many significant structures. Unfortunately, this degradation has continued; the demolition of a major Kaptur design would be a loss to history and the city's urban quality. Sincerely. Alan Hess 59 RESUME OF ALAN HESS, ARCHITECT 4991 Corkwood Lane, Irvine, CA92612 949/551 5343 www.alanhess.net alan@alanhess,net WORK 1981- Alan Hess, Architect 1986- Architecture critic, San Jose Mercury-News EDUCATION 1975-78 M.Arch. I, School of Architecture and Urban Planning, University of California, Los Angeles 1970-74 B.A., Principia College, Elsah, IL DESIGN Jamm's Coffee Shop, Petersen Automotive Museum, Los Angeles County Museum of Natural History; principal contributor to interpretive exhibits Gordon Onslow-Ford guesthouse, Marin County, CA TEACHING 1989-91 Instructor, University of California, Los Angeles 1986-90 Lecturer, Southern California Institute of Architecture PRESERVATION Design Guidelines, Heatherstone Community, Mountain View, CA Honor Award 1997, National Trust for Historic Preservation President's Award, California Preservation Foundation Qualified for National Register of Historic Places: Bullock's Pasadena (Wurdeman and Becket 1947), Pasadena CA McDonald's Drive-In (Stanley C. Meston 1953), Downey, CA Valley Ho Hotel (Edward Varney, 1957), Scottsdale, AZ Stuart Pharmaceutical Factory (Edward Durell Stone 1958), Pasadena, CA Expert testimony on behalf of landmark designations for Century Plaza Hotel, Los Angeles (Minoru Yamasaki, 1966); Bob's Big Boy, Burbank (Wayne McAllister, 1949); Wichstand, Los Angeles (Armel and Davis, 1957), Columbia Savings, Los Angeles (1964), Stanford Hospital (Edward Durell Stone 1959), National Theater, Westwood (1969) and other mid-century modern structures FELLOWSHIPS Fellow, National Arts Journalism Program, School of Journalism, Columbia University, 1997-98 GRANTS Graham Foundation for Advanced Studies in the Fine Arts, research on Brazilian landscape architect Roberto Burle Marx, 1990 LICENSE Licensed architect, California# C 15747 60 SELECTED PUBLICATIONS BOOKS: Frank Lloyd Wright:Natural Design, Organic Architecture Rlzzoli international, New York 2012 Casa Modernista: A History of the Brazil Modern House Rizzoli International, New York 2010 Oscar Niemeyer Buildings Rizzoli International, New York 2009 Frank Lloyd Wright: The Buildings Rizzoli International, New York 2008 Julius Shulman: Palm Springs Rizzoli International, New York 2008 Forgotten Modern: California Houses 1940-1970 Gibbs Smith Publisher, Layton, UT2007 Frank Lloyd Wright: Mid-Century Modern, Rizzoli International, New York 2007 Organic Architecture: The Other Modernism Gibbs Smith Publisher, Layton, UT 2007 Frank Lloyd Wright: Prairie Houses, Rizzoli International, New York 2006 Oscar Niemeyer Houses, Rizzoli International, New York 2006 Frank Lloyd Wright: The Houses, Rizzoli International, New York 2005 The Ranch House, Harry Abrams, Inc., New York 2005 Google Redux: Ultramodern Roadside Architecture, Chronicle Books, San Francisco 2004 Palm Springs Weekend: the Architecture and Design of a Midcentury Oasis, Chronicle Books, San Francisco 2000 Rancho Deluxe: Rustic Dreams and Real Western Living, Chronicle Books, San Francisco 2 000 The Architecture of John Lautner, Rizzoli International, New York 1999 Hyperwest: American Residential Architecture on the Edge, Thames & Hudson, London 1996 Viva Las Vegas, Chronicle Books, San Francisco, CA 1993 Googie: Fifties Coffee Shop Architecture, Chronicle Books, San Francisco, CA 1986 MAGAZINES, JOURNALS, NEWSPAPERS AND WEB SITES: "Big Man on Campus: Alan Hess on Modernist Maverick, a new exhibition at the Nevada Museum of Art exploring the architecture of William Pereira," Architect's Newspaper, Sept. 26, 2013 "Connecting the Dots: Alan Hess on Pacific Standard Time Presents: Modern Architecture in L.A.," Architect's Newspaper, Sept. 6, 2013 "The Beauty of Authenticity: Dana Point Harbor," Orange Coast Magazine, Aug., 2013 "Wide Angle Lens: Alan Hess on the Getty's new exhibition, Overdrive: LA Constructs the Future 1940-1990, " Architect's Newspaper, June 21, 2013 'Everyday Modernisms: Diversity, Creativity, and Ideas in L.A. Architecture, 1940-1990" Los Angeles Conservancy, "Curating the City" website, June 2013 61 "Schindler Goes Hollywood," Los Angeles Review of Books, May 26, 2012 "New Apple Campus," San Jose Mercury News, Sept. 2011 "John Lautner and Los Angeles," Los Angeles Times, July 23, 2011 "Coming to Terms with the Sixties," National Trust Forum Journal, Summer 2010 vol24 no 4 "Colorful Landmarks: how color shaped public space in 1950s suburbia," New Geographies, Harvard Graduate School of Design, Oct 2010 "The Suburbs and the Ranch House," California College of the Arts Architecture Studio Series, 2005 "The Place of Histories," Architecture California, 04:1, 2003 "Steven Ehrlich house, Pacific Palisades," Metropolitan Home, Dec. 2005 "Montalvo Artists" Village,'" Architectural Digest, June 2005 "Cliff May's Romantic Mandalay, • Architectural Digest, May 2005 "Meeting the Horizon in California, Roscoe House by Helena Arahuete,"" Architectural Digest, Jan. 2005 "Historic Architecture: Oscar Niemeyer," Architectural Digest, May 2003 "The Place of Histories," Architecture California, 04:1, 2003 "San Jose: A Downtown in the Making," Places, vol. 15. no. 2 "High Art Parking Lot," Rearview Mirror: Automobile Images and American Identities, University of California, Riverside 2000 "Eine kurze Geschichte von Las Vegas," Stadt Bauwelt 143, Sept. 1999 "City Center to Regional Mall," Journal of Preservation Technology, vol XXVII, no 4, 1997 "New York, New York," Architectural Record, March 1997 "John Lautner" Progressive Architecture, December 1994 "The Origins of McDonald's Golden Arches," Journal of the Society of Architectural Historians, XLV: 60-67, March 1986 "Technology Exposed," Landscape Architecture, May 1992, pp 38-48 "Burle Marx: A Shaky Legacy," Landscape Architecture, April 1992 p 38 "Back to Brasilia," Progressive Architecture, October 1991 pp 96-97 "Greenwald house," Los Angeles Times Magaz:ine, October 27. 1991, p 31 "Of Cities and Their Halls," San Francisco Examiner, Aug. 7, 1991 "American Style and Fifties Style: reviews," Design Book Review, Winter 1989 "Schindler and Goff: Architectures." L.A. Style, March 1989 "Monsanto House of the Future," Fine Homebuilding, August/September 1986. No. 34 "The Eichler Homes," Arts+ Architecture, Vol. 3, No.3, 1984 SELECTED TALKS LECTURES: Getty Research Institute; Kansas City Modern; Dallas Modem; Arizona Preservation Conference Keynote; Nevada Museum of Art Symposium: Society of Architectural Historians Tour; Commonwealth Club of San Francisco; Society for Commercial Archeology Conference Keynote: Los Angeles Conservancy Welton Becket Centennial Keynote; Columbia University School of Architecture: Houston Modern: Phoenix Modem; Walker Art Museum; Chicago Humanities 62 Festival; Cooper-Hewitt Museum of Design; Yale University School of Architecture; Graham Foundation for Advanced Studies in the Fine Arts; Greenwich (England) National Maritime Museum; Cliff May Lecture, Los Angeles Conservancy; Vancouver (B.C.) Alcan Lecture Series; Architecture League; International Association of Shopping Center Owners; National Real Estate Editors Association; Colby College Southworth Lecture; Monterey Design Conference; University of British Columbia; National Trust for Historic Preservation Conference; AlA 2005 National Convention, Las Vegas; Hamrner Museum Symposium; San Francisco AlA; California Preservation Foundation; Schusev State Museum of Architecture, Moscow. BROADCAST MEDIA AND FILMS: "William Krisel, Architect," DesignOnScreen Foundation, 2010 "A Kick in the Head-The Lure of Las Vegas," BBC-TV January 2010 "Journeyman Architect: The Architecture of Donald Wexler," DesignOnScreen 2009 "Desert Utopia," DesignOnScreen, 2008 Which Way LA, KCRW-FM, July 7, 2008 Which Way LA, KCRW-FM July 27, 2007 The Late Show, BBC-TV January 16, 1995 CBS Sunday Morning News with Charles Kuralt, January 23, 1994 Good Morning America, August 3, 1993 CBS Morning News, Jan. 17, 1990 Videolog, KCET, Los Angeles, June 1985 Patrick Monroe Show, CBC Radio, February 1987 Morning Edition, NPR, May 2, 1986 Smithsonian World, "Speaking Without Words," PBS, March 1984 SELECTED REFERENCES TO WORK Thomas Hines, Architecture ofthe Sun, 2010 "Las Vegas meets Ia-Ia land," Smithsonian, October 1995 "In Los Angeles, a '50s Flameout," New York Times, September 7, 1995 "Oldest McDonald's Closes," New York Times, March 6, 1994 "Would Las Vegas Landmark Be an Oxymoron?" New York Times, Oct. 7, 1993 "Restaurant Architecture," Journal of the Society of Architectural Historians, XLVIII:2, June 1989 "Legacy of the Golden Arches," TIME, June 2, 1986 "Books: Pop Style to Free Style," Progressive Architecture, December 1986 "Googie: Fi.fties Co.ffee Shop Architecture, a reviewju Architectural Record, May 1986 "Who Says It's Not a Landmark?" Historic Preservation, November/December 1987 "Googie- History Closing the Menu on a 1950s style," Los Angeles Times, June 9, 1986 "Now let's hear it for Googie style," Vancouver Sun, February 5, 1987 "Architecture and Design reviews," Philadelphia Inquirer, November 30, 1986 63 "Architecture To Go," David Dillon, Dallas News, June 22, 1986 "Googie: Fifties Coffee Shop Architecture," Art and Design, London, June 1986 64 ALAN HESS ARCHITECT 4991 CORKWOOD LANE IRVINE, CA 92612 949 551 5343 a!an(illa!anhess ne1 www.al.anhess.net March 20, 2015 Carol Roland-Nawi State Historic Preservation Officer Office of Historic Preservation 1725 23rd Street, Suite 100 Sacramento, CA 95816 Re:Tahquitz Plaza by architect Hugh Kaptur, Tahquitz Canyon and Calle El Segundo Dear Ms. Roland-Nawi: I am writing at the request of the Palm Springs Preservation Foundation to ask you to consider writing a letter to the City of Palm Springs encouraging them to conduct an EIR for the Tahquitz Plaza office buildings ( 1971) by Kaptur & Lapham. The four buildings in this complex are excellent and well preserved examples of key aspects of architect Hugh Kaptur's work, and of Palm Springs Modernism. The buildings are currently under threat of demolition for a proposed residential project. So far the city has not requested an EIR, but I believe the complex's significance and quality require it. Kaptur is an important architect in Palm Springs Modernism. Rather than drawing on the rectilinear steel and glass geometries of, for example, Richard Neutra, Kaptur often draws on organic concepts from Frank Lloyd Wright and forms from the American Southwest. This is seen in Tahquitz Plaza's irregular roofiine, the deep, sculpted frames around windows, the bermed walls, the eaves and sun shading features, and the integration of outdoor areas interspersed among the offices. The strong composition of these many elements shows Kaptur's skill and the high artistic value of his work. In addition, Tahquitz Plaza's location on Tahquitz Canyon places it in the context of the city's Modern civic center. Tahquitz Canyon is the city's main civic thoroughfare, linking the airport to downtown; along this boulevard is an extraordinary collection of Modern buildings serving civic purposes, including city hall, police and county facilities, and the airport, complemented by commercial buildings of similar style and siting. Such a collection of Modern civic center buildings is rare in the state. 65 Palm Springs' midcentury Modern architecture is known for its use of Modern concepts in addressing the challenges of climate, functions, and new material technologies. These are not typified by a single aesthetic; it ranges from the lightweight, steel framed houses resting lightly on the earth seen in the work of Richard Neutra and Albert Frey, to the autochthonous monolithic concrete structures, literally buried in the earth, seen in John Lautner's work, with many more interpretations in between. Within this wide range, Kaptur's work is singular. His training in design was closely associated with midcentury automotive design in Detroit, where he attended Lawrence Tech and worked for General Motors' consumer design division. Kaptur has worked in Palm Springs from 1956 to the present day. He worked for and with other noted local architects, including Donald Wexler, Richard Harrison, and William Cody. Like those architects, his work is distinctive and individual, and yet his design also reflects common themes that distinguish Palm Springs Modernism. The Tahquitz Plaza offices are an excellent representation of his use of sculptural, expressionist forms influenced by Native American adobe structures, but modernized and abstracted aesthetically in the spirit of Modernism. The complex's thick stuccoed walls do not imitate those vernacular structures; the silhouette of the walls and the curving windows frames that grow directly from those walls are carefully abstracted into forms that represent a distinct, modernized aesthetic vocabulary. This approach is also seen in other Kaptur designs, including the William Holden house (1977), and the Casa Blanca motel ( 1979.) In addition, the Tahquitz Plaza offices incorporate unpainted wood walls and wood trellises. These also update the wood ramadas and trellises of traditional Southwestern architecture. The siting of the office structures creates small courtyards between the buildings (another design aspect seen in historic Spanish architecture of the Southwest) allowing for shaded outdoor areas. Likewise, the landscaping and siting of the Tahquitz Plaza buildings represent an updating of traditional concepts and a Modern response to the hot climate. Berms rise partway up the walls, providing thermal insulation and connecting the structure to the earth, similar to Lautner's desert designs. The thick walls, hooded windows, and shaded courts all have historic precedents, but they are also practical, integral elements that help moderate the strong sunlight and heat of the local climate. The design of all these elements is artful and well composed. The use of historic regional architecture by twentieth century architects is an important facet of Modern architecture in California and the West. It can be seen, for example, in the work of Irving Gill in the 191 Os, the Ranch Houses of Cliff May in the 1950s and 1960s, and the civic buildings and residences of Bennie Gonzales in Arizona, where historic forms were blended with Modernism's abstraction. Hugh Kaptur is the primary interpreter of this approach in midcentury Palm Springs, and Tahquitz Plaza is a primary example in the city. 66 Kaptur's work has been rediscovered fairly recently. This is not surprising; our understanding of the significance of Palm Springs Modem architecture in general is also relatively recent. Only a dozen years ago, the work of now-recognized architects such as William Cody, Donald Wexler, Palmer & Krise!, and E. Stewart Williams was not generally well known outside Palm Springs, and its significance was not even widely recognized within Palm Springs. In the years before Palm Springs' heritage was fully understood, the city lost many significant structures. Unfortunately, this degradation has continued; the demolition of a major Kaptur design such as this would be a loss to history and the city's urban quality. But as we continue researching this history, it is clear that the work of Hugh Kaptur makes a significant contribution to the unique character of Palm Springs architecture. This opinion is not mine alone; the newly published book The Desert Modernists: The Architects Who Envisioned Midcentury Modern Palm Springs (Desert Publications, 2015) and the documentary film Quiet Elegance: The Architecture of Hugh M. Kaptur (Bert Simonis, director, 2014) indicate the clear direction of opinion on Kaptur's importance. I have written to the Palm Springs Planning Commission about my support, as a historian and architect, for the preservation of Tahqu'rtz Plaza. I am also a consultant on architectural history for the Palm Springs architectural survey, currently underway. I have already unequivocally recommended Tahquitz Plaza as a significant building in that survey. I believe that a letter from your state office would encourage them to conduct an EIR that would document the significance of this complex. Thank you for your consideration of this matter. Sincerely, 67 ATTACHMENT 2 68 69 Lontent~ 8 TH r RI GHT CLIMATE •. ' J, ., 12 ROBSON C. CHAMOERS ~~· .!_:. ·' ·' •:;· 20 JOHN PORTER CLARK ~·('.; · n· n· 28 WI! I lAM F CODY ~,..." •.·( Cv·;·:··u .-:,:. 38 ALBERT FREY f:3r;;r1 !),, , .-~ ... : 48 A. QUINCY JONES C't: !' f>t .• • • !'· 68 WILLIAM "BILC' KRISEl Crt.'. •\ ;!: e~ •ra ,; 78 JOHN LAUTNER Sci''' rt:N r:3c'2r: 4 toNor -4 1!16..~ "•""' ,.,..,.,. !.>olim,; W?st t r.1w;mJ P•lm Sprin_q> ct t'~ • .., -~~ '?ag~ ~ Pill(» $p ··.. n ~t,.. ~'l·\.!.~.:!.:;::5 \\t.1 ~ • t !~•' •.' r..A•tt•rtr=;r--f\ r.~ lW P....,_ _ t/:".IJ•• '\• ~ 128 MODERN TIMES SreVI .lH lh'"'!"' .~.~.,. .. br":.d ~.os~·~r:-.t :~:-~ t ,, · ... .; \1t'Vt'"''f'lS:-\oA"'(IC!< 6-'(•' t''' .')! •'·'1·"'~ I j .. :" n' r4y\ ~ (Y~ , r..~ ...1 lr!t"l) "!:, ... I'' ~ !4;-t:" '- "· :..~ t.· · ~t·:':'"'d; l 1aak. t'"'.'t'.), Tt~'!i.O("P( 136 THE AUTHORS ·. ;.....·~ .Qt'M 'Sft:li~·a,,· 'l~ ~-'B.! •:o>n-.:'·i'J ~.,~~· t:tt 70 "flu -~. J>tl,j·t• ;._'l(t C~Cil ..• t,• "i~ r"t•:r <""•t.:-o~:.W tfu< ho.·u"" .,. ·~~ ~~ · SF.O P:~:I.L"'tf'ito.!o Ort ..., ;r. P;tlrr S1.1tif'l!I~ The hC1;.;c :..~ ."tmhY/t .t:; rh.ttflut ~cJI~ "'ou~·tt ,."M/ ~c ~ rl:l"l Sf""-'1 k • • ' k 1tke rnasorv due ;o •.va:ls til mass•-·c JS concretE:: . -to fun·nar the r1 • us ·ro:-~ o f th ·ICk V'lillls • Kaot. ur prov1 ·th at appeJr a·ee pl·1 r eces~v-,.. 1f1 otre'' • places• , w1ndovls pust1 out'lvurd irom th;; ·..vil·l .surf.:: c-:: a!' ~ tr { ,.,. to b··eak ' ree ol the bu rt arxJther tj l ti : c~ng rt>at fhcts with tile rllusron of heavy masonry rn the for·p oi "pueoio aooue. A Det·oi: Nllove. H\IQh Kapti.H \-VclS born ir• 1931 to an artrstrc mother ancJ an cnJtoro • ol)r~" des tl" engineer father. After h.gh school, t>e bnc'ly attended lawrence Institute ot fechnology ·.no·n ~.-r-·:- ~ ,;s Lawwnce Technologtcal Unwers.rty) in Michigan to study eng1ncering But dl 20 t>e ~ ! HO !<'I J tr •.he M ar ines durir.g the Korean 1/1/a\- .h.e and his young family br1eHy l;ved rn Cali for nra t>eio; .:= he returned to Mrchigan so lhat !'te could \'YOrk with his father at GM's design stur.llo whdt! lu'.rSh:ng n;s education _At that point. Kaptur and hrs iam1ly returned to Catrforr!ta, t t11~ t1rne tot% large!~· undeveloped Palm Spnngs oi the early 1950s . After working brtefly l or Wexler ond Hnrr.son l(~p;_:' supported himself by making oresentation-draY...mgs for DonaldWexter, Albt?n Frey, ano Nh;t ~. Although Kaotur says he is w dlrng and ;_able to design in any style. somet.rrws his i nr.~1 bubbles to surface. Comrrirssioned in 1988 to design a conventronfl! ho· 1e b: _,,,,. ex~tlerance .~he 1 and Kay Sel2.fll, Kaptur carne up with something very drfferent: a lively. t'lard-:o-clescrooe rl'SIC\0'1"!.:<· comprising a cone·shaped dorne set amtd otber rimple h t!'l » ··• geometnc s ·apes tl)il! seem to l-Ord - togeti1er Twenty-five years· later the Sel2 · - · ers rep~rt that they are still happy wrth l he vncor1 ~ent• -VI.: house and tr• ey rema1n 1rlendty with the architect_ ft\e exubE.vance has . suf~Ved into the arcnr '"' . . _ _ . . · tee, s nrnth decaae. Kaptur 1s currerWy oe~ r gn :n;J an d Op006Stu • rnif' ~·" ll .I}J l~r" r;, .. , r•ufm sp~'i1ft~ bu;J(Iing i 7$5., -58' rh~ 1m,> ~ Ill> LoJg,, 555 F;a .•t S11 n to, .., ~ ;) ~<.1 • ·o ~"' ti:<'Trl~ff~r ftl n.. 1nl~ I'Aifll' abo~ I(~J1t1.11' .It PfPJIJUlilft\1,:. QltJ(JIHC hArKI (I'll Koptw·o <11141/w ~""''u<'m•rti pJ.'fctt({ thl> d1um•IJC 5h49/ bf!t~ !WJ lht... ! .L' the .:t .....Jmmmo pool. Thtll:l eJttrfiJ!5~ r11mmu morr.- ttr.>n • fiJw !Jit~$1$ or Sj]Kft!l/etp 76 : ... :-."' --.. , ' ' ' ..... 7 ., .. ...... ~ ' : ...,· . .. .~- ' ..... :r ... ~ '-. ' .. . ' ~. ~ f r f),~lfl;}ft-y n.tmfic·J rt~ ~ PrrJ·n t, ~·Vo~ 1" ( i r.:·l ,· ~:r. -i~ f¥~·J.' t/'s._• ·:~.~~ l ·lr!L C.: i- l J,j:;J!f Rf"'~Off 18$6 5·'f·.rr;r~,(? O t•v·· •·-,... ,,., Su:1fJV'< <: t) ;( 'I o~.·. ,, .._.; ·\.k.-~ ... r ,., .... t~;J., I •...... , ... 78 ATTACHMENT 3 78 · Honorable Planning Commission City of Palm Springs 3200 E. Tahquitz Canyon Way · Palm Springs, CA 92263 Dear Members of Planning Commission: I'm writing to provide some comment about the proposed demolition of the Tahquitz Plaza designed by Hugh Kaptur. I am a qualified architectural historian (M.A., Architectural History and Theory, UCLA, 1984) and the author of two books on architecture and the editor of a third. I'm also a professional journalist, specializing in real estate, urban design and architecture. My work has appeared widely, including several dozen articles about commercial real estate in The New York Times and Los Angeles Times. I have written extensively on Modern Architecture, historic preservation, public-private projects, zoning and entitlement issues and other topics relating to the design, financing and government approval of buildings. I have published three articles about the architecture of Hugh Kaptur, including a chapter in a recently published book of Palm Springs architecture. Tahquitz Plaza is a landmark building both in the City of Palm Springs and in the career of Q[) 0 Hugh Kaptur. Mr. Kaptur, as you probably know, is one of the luminaries of the "Golden Age" of arcMectlJre in the city, having worked in Palm Springs continuously since the 1950s. Mr. Kaptur has told me this is one of his favorite projects, which seems fitting for a building where he maintained his architectural practice for many years. Mhough Tahquitz Plaza is not a loud or fiashy building, it shows many signs of architectural originality and creativity. One of the themes of Mr. Kaptur's work, and Southern California architecture in general, is the ability of local architects to "make lemonade" when faced with limits both in budget and choice of materials (i.e. the least expensive)~ I quote one of my own articles on Mr. Kaptur: "Practical projects, like an office complex on Tahquitz, did not always allow such freedom, yet the comparatively restrained project remains one of the architect's favorites. Originally designed in concrete. cost cons;deration dictated a less expensive wood frame structure. Despite this constraint the Tahquitz buildings manage to look like masonry, due to walls that are sculptured to look massive as concrete. To further the illusion of thick walls, Kaptur provided the Tahquitz buildings with window that appear to be deeply recessed. In other places, windows push outward from the wall surface, as if trying to break free of the building. Similar out-pushing windows can be found at Kaptur's Musicland Hotel, another building that flirts with the illusion of heavy masonry~~~." In my view, the human experience of cities is largely made up by memorable images, structures and spaces that lend a sense of identity to the community~ These buildings might be described as the "sina qua non" of any particular city, meaning that without these structures or Images. the city would be diminished and lose part of its "sense of place." Every person who is aware of architecture in Palm Springs is still feeling the loss of the Palm Springs Spa Hotel. In my view. the Tahquitz office complex is one of the "sina qua non" buildings of Palm Springs. It is a tasteful, viable building that has been tenanted since its completion. The Tahquitz offices are also part of a trio of Kaptur-designed buildings on either side of the street, which increases both its interest and importance~ At the very least, the Commission should give serious consideration to preserving at least the original building ot the complex. Perhaps the City Planning Department can incenllvize the developer by granting a density bonus on the remaining portion of the parcel to compensate the developer for any loss of buildable square footage entailed by the preservation of the Tahquitz offices. Additionally, the Planning Department might consider the waiver and/or forgiveness of certain development fees, as a further Incentive to preserve the Tahquitz offices. Development is vital for the economic well being of all cities~ Equally so is the preservation of buildings that define its character in a positive way. It Is my deeply held hope that the Planning Commission will find a way to accommodate both the best interests of both the City and the developer~ Respectfully yours, Morris Newman 81 ATTACHMENT4 82 On Moo, Feb 23, 2015 at 12:41 AM, Brad Dunning · Planning Commission · City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 · I was quite shocked recently upon hearing the City of Palm Springs is considering a developer's plan to demolish the Hugh Kaptur-designed Tahquitz Plaza. It seems almost inconceivable to me that these buildings, some of the best work of Hugh Kaptur's career, could be lost. Although recognition of Hugh Kaptur's work is coming later than those of his local peers--Albert Frey, E. Stewart Williams, Donald Wexler, William Cody and other prominent locals that have made Palm Springs world renowned as a destination for fans of architecture and design and the appreciation of mid century architecture in Palm Springs seems to be the major factor in the revival of the town--Kaptur's work is certainly as important and worthy. His achievements mark the latter end of the mid century era. His work is distinctive, unique and in the case of his pueblo modern design at Tahquitz Plaza highly contextual and specific to stylish Palm Springs. Perhaps his work has not · become fully appreciated yet as it is relatively recent when compared to Albert Frey's modern work of the '50s or 60s for instance. That is why Kaptur's complex is threatened to some extent---the work is just now at the cusp of rediscovery-- just as Frey's and Williams' and Cody's work was a few years ago. Hugh Kaptur was a local and made an indelible mark on the landscape of Palm Springs and the City should be very proud and respectful of his work, celebrate and preserve it. It does the City well when it signals to the world the pride it has its achievements and the artistry of its local architects and most of all the appearance and history of the town. It is terrible for the town to be known for allowing demolition of another important building. This estimable canvas that is modern architecture in Palm Springs is economically instrumental and vital now for tourist appeal and more importantly many residents now have chosen to invest in the town and to live here simply because of the great modern architecture we have in our midst.. 00 w I urge the City to reconsider any decision which would allow the destruction of this important Kaptur complex, it would be a terrible loss and when it is gone it is gone forever . . I served as a member of the Historic Site Preservation Board in 1995-96. I suspect some of you will recall the firestorm that greeted my nomination of five Frey buildings which included the Tramway Gas Station. A developer wanted to demolish that building soon after designation and quite a controversy erupted. I hope you will agree in hindsight the decision to preserve the building was the correct one. I believe you will feel the same way as time passes and the Tahquitz Plaza is preserved. The complex is inventive, playful, and sophisticated with forms and open areas that best represent not only Kaptur at the top of his game but a true reflection of the state of the best modem architecture in Palm Springs at that period. My written work about Palm Springs and modernism has appeared in the Los Angeles Times, the New York limes, Vogue, and GQ magazine among others. I hope you will present my plea before or during the Feb. 25th meeting. Sincerely, Brad Dunning 84 ATTACHMENT 5 85 Architect Hugh Kaptur speaks out on Aberdeen Project Hllg.h M KMptur, S~al to Tbc Desert Sun 8:51 p.Ln PDT April 7. 201S As a former city of Palm Springs fjtanning commissioner, past member of the city's Architectural Advisory Committee and ttle architect that l:lesigned and built Tahquitz Plaza, I feel I am both qualified and obligated to comment on the proposed Aberdeen Projed that calfs for the demolition of these buildings. Over the yearS I have watched ~ny of my professional contemporalies see buildings they were proud of demolished: architect Bill Cody's Huddle Springs comes to mind, as does Stewart Williams' PoHer Clnic. Most recently I've see11 Don Wexler's high ~hool Administration Building and Spa Hotel coronnade tragically lost. Now two of my buildings are slated tor demolition and .a similar unhappy rate. I am particularly proud or the design of Tahquitz Plaza; I had great artistic latitude, as it was to become my offices and I had the opportunity to m.a~ an architectl.Kal statement V\l'ith this creative freedom I designed the architectLJre lo "grow" from the desert Hoor. I feellhese buildings are some of my best work from that period. In fact, the ~plaza" won (Ptloto: Spe~:ialro the Desert Sun) architectural awards in 1979 and 1980. Aberdeen is a high-density project that overcrowds 74 residential units, 171ve-work units and a cafe space into an eight-acre site. The project is befcre the city as a Planned Development (PDs). 'Milch allows the developer to skirt zoning, parking, setba<:k.s, height ana use requirement:!!. PD:s were originally intended to create a safety valve that would allow creative projects to be considered by lhe dty and not be overty oonstrained by the zoning requiremet'liS of lhe area. Unfortunately, developers and the city are using PDs. which should be encouraging architectural excelence, as a way to over develop s.iles that are out of :scale with their surroundings. The Aberdeen Project doesn't fit zoning or the village character of the city and It dem~ishes four more mid-cen!Ul)' buildings. But demolishing more of our city's architecture is just one of the major shol1comings of the Aberdeen project. Fundamentally, i1 is the wmng protect in the wrong ptace and creates a dangerous mix of vehicular and pedestrian traffic on Tahquttz Canyon Way. And a row of garage doors along our city's most important thoroughfare just Isn't good architecture or good planning and goes against our forefather's vision fol' the slreet. This is not just my opinion but also a concem stated by both the city's Architedural Advisory Committee and the Planning Commission, both groups denying the project fOI' these and other failings of tile project. The developer reeentty presented a revised design that is proposing to retain a quarter of the buildings. I destgned the complex as four integrated buildings relating to each other as a single project. Demolishing 75% of the buildings will end that unity and mute the architecture. The cleveloper should be more respedfiJI of Palm Springs's mid-century architecture and buikl a project vd'lere the two can coexist. The Aberdeen project will soon be reviewed by the city council and I plan lo attend. I am humbled lhat many peop~ have told me they will be at that council meeting too. raising their voice to preserve Tahquitz Plaza. The city council will hear these voices and I hope they will also hear the voices of previous city councils ancl previous planning commissions and visionaries like Pearl McMaoos anQ other foretathers who together had an idea for a city like few others in the wortd. Their vision for Tahquitz (McCallum) Way is widely known and their intention was to not allow any residential along Tahquitz. The Aberdeen Project now endangers lhat vision, which is more suitable for a dense urban environment not in a resort 10\lw'nltke ours. The developer has an obligation to proVide public beneJillo the citizens of Palm Springs. It is Impossible to see the public benefit from demolishing more of our iconic architecture. lnslead, Nexxu:s Development should restore and re-purpose Tahquilz Plaza. incorporating it into The Aberdeen. that would be public benefit no one could argue. Hugh Kaplut is an architect of many midcentury buildings in Palm Sptings. He can be reached at [email protected]. Read or Share this story: http:lldesert.snl1yo4x79 86 National Trust.for Htstortc Preservation - tho pCIIt. Enrldl tlw /lltvr& April 9, 2015 City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 VIA Email RE: Aberdeen Project IS/MND, Case Nos 5.1361 PD-375, CUP, 3·381!0 MAJ and TIM 36876 Honorable Councilmembers: On behalf of the National Trust for Historic Preservation, I would like to express our concern with the proposed demolition of the Tahquitz Plaza on Tahquitz Canyon Way in the heart of the City of Palm Springs. We are particularly alarmed with the City's preliminary determination that the demolition project and subsequent development of a mixed-use project on the site would cause no harm to historic resources. The City has received the opinion of multiple experts, including City staff, that Tahquitz Plaza is a historical resource. We are aware of no evidence in the record that contradicts the~e well supported arguments. Under these circumstances, the California Environmental Quality Act requires the City to prepare an EIR and consider feasible alternatives to demolition. The Tahquitz Plaza office buildings were designed by Kaptur & Lapham in 1971 and are excellent and well·preserved examples of Palm Springs Modernism. Hugh Kaptur's contributions to the City of Palm Springs were significant and Tahquitz Plaza is considered to be one of his most outstanding works. The City's February 2015 Mitigated Negative Declaration indicates that the demolition of Tahquitz Plaza would "cause no substantial adverse change in the significance of a historical resource as defined in [CEQA Guideline]15064.5" (M)ID, p.24·2S). This determination was made in error. According to a March 26, 2015letter from the California Office of Historic Preservation, the City has commissioned a city-wide survey of its historic resources and, during this process, identified Tahquitz Plaza as a historical resource. It has also received the opinion of Alan Hes.s, a qualified expert in the field of architectural history, that the Plaza is historically significant. Further, the City's own Architectural Advisory Committee and Planning Commission have both recommended denial of the project as a result of the proposed impact to historic resources. Under CEQA, an EIR is required if there is substantial evidence in the "whole record" of proceedings that supports a "fair argument" that a project "may" have a significant effect on the environment. Guideline§ 15064(1)(1). In League for Protection of Oakland's Architectural etc. u. City of Oakland (1997) 52 CaiApp.4th 896, the court affirmed that the fair argument standard as to whether an impact "may" occur is a low threshold test. (See also Architectural Heritage Association v. County of Monterey [2005) 122 San Francisco field Offlce The Hearst Bi.lllding. 5 Third Slreel. Suite 707 San Fr In addition to case law, the CEQA Guidelines are clear that a conflict in expert opinion over the significance of an environmental impact normally requires preparation of an EIR. Guideline§ 15064(g)~ Sierra Club u. CDF (2007) 150 Cal.App-4th 370. In this case, all evidence before the City suggests that Tahquitz Plaza is historically significant. The cannot in good faith deny that its finding that the Tahquity, Plaza is non-historic against the litany of public information prepared by experts in the field of historic preseJ"Vation, including the Office of Historic Preservation and the City's own staff. We urge the City to develop an Environmentallmpact Report in light of the very serious consequences to historic resource that would result from the project as proposed. Thank you for your consideration of these comments. Please contact me at [email protected] or 415-947-0692 should you have any questions. Sincerclyl Senior Field Office•·/ Attorney Cc: Flinn Fagg, AICP, Director of Planning Services DaYid Newell, Associate Planner David H. Ready, Esq., Ph.D., City Manager James Thompson, City Clerk California Office of Historic Preservation California Preservation Foundation Palm Springs Modern Committee 2 88 Cindy Berardi From: Bonnieruttan Councilmembers: I am writing to encourage you to act for the preservation of the Hugh Kaptur buildings on Taquitz. Please consider the historic and architectural value of this development by one of Palm Springs renowned local architects rather Thank you for your consideration Bonnie Ruttan 1111 Abrigo Rd Sent from my iPad 89 Cindy Berardi From: Annalisa Capurro To the Palm Springs City Council, I am writing to voice my strong opposition to the demolition scheduled for Wednesday. Aprill5 2015 of the highly significant Tahquitz Plaza designed by celebrated Palm Springs architect Hugh Kaptur. As a design and preservation professional in Sydney, Australia, I am appalled that such an important piece of Palm Springs cultural and architectural history would be considered disposable. I fly halfway across the world every year to attend Modernism Week, along with tens of thousands of others, to celebrate Palms Springs' unique and very rare collection of modernist architecture. The city benefits enormously in economic terms from it's priceless modern architectural assets so it makes no sense, anyway you look at it, either financially or culturally, to keep demolishing what makes Palm Springs so incredibly special. If the city continues to side with developers whose only interest is in the short term buck, then Palm Springs will eventually end up looking like any other desert city in the US and that would be not only a tragic loss but also a sad legacy to leave to future generations. Once these buildings are gone they are gone forever. Please do the right thing and vote against this demolition. Regards, Annalisa Capurro 62 Boundary Rd Wahroonga,2076 Sydney Australia buildings and demand the city council act on your behalf(citizen) and not in favor of the developer. 90 I Cindy Berardi From: Bruce Pensyl When will all this demolition of priceless wonderful buildings stop? I moved to the lovely City FOR these precious buildings. All of you should understand the importance of the one-of-a-kind buildings. You endorse the Modernism Week Extravaganza, but then destroy the very items that the group is about. Please vote no to the demolition. Thank you, Bruce Pensyl 238 Avenida Granada Palm Springs, Ca 92264 91 1 Cindy Berardi From: Debra Hovel Dear Sirs: I am writing about the fate of the Hugh Kaptur buildings on Tahquitz Canyon. Yet another debacle about to happen. Since moving here 5 years ago, a move undertaken specifically because of the historic wealth of preserved architecture, we have watched with dismay as one after another gems have been destroyed. Palm Springs is casually destroying some of its most valuable assets- a treasure trove of architecture unlike any other city. A tourism draw par excellence. Witness the recent Modernism week stats if you have any doubts about that. Hugh Kaptur- one of PS's most honored and respected architects- on par with William Cody, E. Stewart Williams, Donald Wexler and Albert Frey. Recently awarded a "Walk-of-Fame" star on Palm Canyon to much fanfare, immediately outside the proud new Architecture & Design Council's Edwards Harris Pavilion. Compelling subject of a well-received DVD documentary, "Hugh Kaptur: A Quiet Elegance". His career only recently beginning the first stages of great re-appreciation and re-appraisal. Tahquitz Plaza, one of his finest and most evocative complexes, was built in 1971, designed by Kaptur together will equally respected architect Howard Lapham. The structures represent a visceral, viable bridge between the Palm Springs of the 1960s, and the Palm Springs of today- and it bridges both beautifully in a way that is just coming to be valued now. There are only a handful of other structures in the entire City as effective as these cultural touchstones. The City can not do anything about what the Indians do. I get that. But this project? Dear City Council, do something before it is too late. Debra Hovel debrahovel(a),gmail.com 612-483-0993 Debra Hovel [email protected] 612-483-0993 92 I Cindy Berardi From: Brandon < [email protected]> Sent: Wednesday, April 08, 2015 8:28AM To: CityCierk Subject: Aberdeen Mr. Mayor and the City Councilmembers, When v.ill the City of Palm Springs wake up and stop allov.ing the destruction of our unique architecture that draws visitors from all over the world. The future and viability ofTahquitz Plaza is totally within the Council's jurisdiction to protect, preserve and be proud of. It is within the Council's power to reverse the tide of recent and unfortunate destruction it is the perfect place and opportunity to take a stand. Tahquitz Plaza, one of Hugh Kaptur's fmest and most evocative complexes, was built in 1971, designed by Kaptur together will equally respected architect Howard Lapham. These structures represent a visceral, viable bridge between the Palm Springs of the 1960s, and the Palm Springs of today. There are only a handful of other structures in the entire City as effective as these cultural touchstones. Preservation Makes DOLLARS and sense. It is imperative that the City MUST act to save these buildings, KNOWING that people come to Palm Springs and surrounding areas expressly to see and explore and enjoy this built environment and PAY GOOD MONEY to do so-- you can't argue with the FINANCIAL SUCCESS of Modernism Week. So, Councilmembers, we are asking you to stand with your citizens, residents, visitors, and stakeholders. To send a message: if you want to destroy this city's built heritage, we will oppose you. Please preserve our rich and important architectural heritage. Brandon Hoskins Palm Springs resident and business owner. 93 Cindy Berardi From: Steven Price In regards the subject of the proposed demolition of Tahquitz: Plaza for the Aberdeen Development, we already have the perspective of experience about what will NOT best serve the community of Palm Springs. Most importantly, in this case, we have the means to prevent another tragedy. In the case of the Palms Springs Spa- petitioners were told it was out of the Council's control. Soverign Nation. Tribal land. And one of the desert's finest and most iconic landmarks was spitefully destroyed. Gone. TAKEN AWAY. In the case of the Wexler-designed buildings as Palm Springs High School - petitioners were told it was beyond the Council's ability to determine. School Board autonomy. Resulting in the loss of another perfectly fine and serviceable structure. TAKEN AWAY. This time, It Is Different: The future and viability of Tahquitz: Plaza is totally within the Council's jurisdiction to protect, preserve and be proud of. It is within the Council's power to reverse the tide of recent and unfortunate destruction it is the perfect place and opportunity to take a stand. And for good reason: "Preservation Makes DOLLARS and SENSE". That tens of thousands of people travel to Palm Springs twice a year and spend MILLIONS of dollars to visit (and sometimes eventually dwell) in these surroundings has been PROVEN. Continuing to allow the elimination of these evocative structures REMOVES THEIR REASON FOR DOING SO and makes BAD financial sense. Greater historians than myself can attest to the career and architectural eminence of Hugh Kaptur one of PS's most honored and respected architects- on par with William Cody, E. Stewart Williams, Donald Wexler and Albert Frey. His career only recently begun the first stages of great re appreciation and re-appraisal. Tahquitz: Plaza, one of his finest and most evocative complexes, represents a exceptionally visceral, viable bridge between the Palm Springs of the 1960s, and the Palm Springs of today- and it bridges both beautifully in a way that is just coming to be valued now. There are only a handful of other structures in the entire City as effective as these cultural touchstones. The late Patrick McGrew wrote about the pending, precarious fate of the building as far back as 2010. The City has had PLENTY of time to work out a solution, and had had ample opportunity to examine the best use of this property and options for development. Given the outcry on this and other similar examples before it, it seems clear and imperative that the City MUST act to save these buildings And most importantly, even by keeping the Kaptur buildings, THE DEVELOPER WILL GET SUBSTANTIALLY WHAT THEY WANT, ANYVVAY. 94 1 So, Councilmembers, we are asking you to stand with your citizens, residents, visitors, and stakeholders. To send a message: if you want to destroy this city's built heritage, we will oppose you. There are plenty of blocks and properties with buildings no one will miss. You are welcome encouraged ! - to make those into something new and contributing. But where ever our history, a structure of quality, is concerned. we will ask you to think twice. And if necessary, fight to save it. Of course the developer class will say only THEY have the right to do what they want, that's their line -- but we don't have to buy it without question, or just accept blindly and quietly! THANK YOU and PLEASE, do the right thing, this time. Steven M. Price Author, Speaker & Historian Hollywood, CA (soon to be full time Desert resident) 95 2 Cindy Berardi From: Robert Kalin < [email protected]> Sent: Wednesday, April 08, 2015 9:50AM To: CityCierk Subject: Aberdeen The Hugh Kaptur buildings on Tahquitz should be fully preserved. Mid-Century architecture is what MAKES Palm Springs unique--it is just wrong to tear down these building in favor of characterless boxes. Robert Kalin 2190 E Amado Road Palm Springs CA 92262 760-813-1000 96 1 Cindy Berardi From: Mark Rose I am in opposition to the Aberdeen project. It is not up to snuff. Certainly not worthy of tearing down ANY portion of an award winning building. The project is without passion or relevance. Let's stop this. Thank you, Mark Rose 97 1 Cindy Berardi From: Dick Burkett We Oppose the demolition of the Hugh Kaptur buildings on Tahquitz and respectfully request the city council act on behalf of the citizens and not in favor of the developer. Please intervene for us to protect our precious history and heritage that the city of Palm Springs has become known for internationally. Without these important buildings we have nothing to showcase. As this impacts the economy of Palm Springs on so many different levels, it behooves those of us who are residents to appeal to the city council for their intervention. Our city has lost several major historic architectural buildings in the past couple of years. Speaking on behalf of myself, I moved to Palm Springs due to the focus and preservation of its unique architectural heritage from Florida. However, there are countless others who come here for our historic architectural events who become infatuated and purchase a home here. Dick Burkett Dick Burkett 760 774 5795 cell [email protected] If you don't build your dream, someone will hire you to build theirs. " - Tony Gaskins 98 l Cindy Berardi From: Gary Gand City Council- My wife and I came to Palm Springs 12 years ago to SEE the Mid-Century Modem architecture the town was known for. We decided to make it our winter home and have purchased 2 houses here at a combined cost of close to $3,000,000 (THREE MILLION DOLLARS). We have spent many hundreds of thousands more in renovations, auto purchases, restaurants, museum donations, serve on several boards AND opened a new entertainment venue the city sorely needed. We are performing every weekend and giving our time and performances for local charity events to support the museum, animal shelter, food bank, etc. You can see the economic impact of our presence in many places, not just the taxes collected. IN OTHER WORDS - OUR OPINION COUNTS. The Hugh Kaptur complex known as Tahquitz Plaza should NOT BE DEMOLISHED. Have you know pride, imagination, or sense of history? In the recent years several of Palm Springs iconic Mid-Center Modem structures have been brought down due to a hypnotic blinding of local opinion to the heritage of this magical paradise. IT IS TIME TO PUT THE BRAKES ON, TAKE A DEEP BREATH AND OPEN YOUR EYES. Palm Springs must be stopped from turning into another FACELESS SHOPPING MALL. What reason would anyone come here for that? We are from Chicago where surveys have shown that the NUMBER ONE tourist attraction is the ARCHITECTURE. Not the shopping, the parks, the Lake front, the restaurants: IT'S THE BUILDINGS. Got it????? You've got one of the greatest collections of the #I attraction and you want to replace it with ME TO crap that tourists can see in Anytown USA. STOP THIS NOW. Gary & Joan Gand Vista Las Palmas Chicago . 9 9 1 Cindy Berardi From: lizppv Hello, 1 am writing to you as a part time resident of Palm Springs, please do everything you can to stop the current demolition of yet another great building in this town. Saving just 25% of this building is not adequate at all! We purchased a vacation home in Palm Springs because of all the interesting architecture and now it is disappearing before our very eyes at an alarming rate. I wonder how long it will be just like any other touristy town with ordinary boring builds? Stop now and think about what made Palm Springs a mid century mecca full of amazing buildings and why so many come here. Regards from a very concerned citizen who loves this town with a passion. Liz Malinka 100 1 Cindy Berardi From: Matthew Reader Dear City Council: I have been a resident of Palm Springs for almost twelve years. I care about the city, and understand that growth is important, but so is out local history, especially when it also concerns a"hitecture. Tearing down Hugh Kaptur's Tahquitz Plaza is not the kind of growth that I want for my city, especially when a characterless high-density housing development is what is the proposed replacement. I urge you to not destroy more of our city's rich architectural history. Sincerely, Matthew Reader The Paul Kaplan Group 1701 North Palm Canyon Drive, Suite 5 Palm Springs, California 92262 760-969-2278 Sent from my iPad 101 I Cindy Berardi From: Bert Simonis As a film maker and biographer of Hugh Kaptur's work and life, I urge you to retain Tahquitz Plaza as an example of the architecture that has become the Palm Springs brand. We have sold our film, Quiet Elegance, all over the world and it will feature prominently in next week's Architecture Film Festival in Winnipeg, Canada. People come from all over the world to enjoy our Palm Springs architecture. We know that you don't have the power to save everything- but you have the power to save this. I ask you to save our heritage and brand. Bert Simonis Producer bert:tilThisNThatFilms.net 760-459-5055 1 102 Cindy Berardi From: Mike Johnson < [email protected] > Sent: Wednesday, April 08, 2015 11:47 AM To: CityCierk Subject: Aberdeen This is such an exciting time for Palm Springs. I have lived here now for 15 years and the new developments are so fresh and inspiring, from the rejuvenated downtown core, south end 111 coming in to its own, Tahquitz median ... .I'm just thrilled with the job the city council, the Mayor and the residents are doing to make this a vibrant community (again). However, with success and new development there is a fine line that needs to be paid attention to, the line between a "new powerful Palm Springs" and the "old charming little town" that we all love. I love progress and feel that our recent history squelching such progress has turned Palm Desert into the "go to" community and left ours as a bit of a museum piece. I am concerned about the demolition of some of our more "unique" buildings, those quirky structures that have always made our city stand out from the rest, but I do understand that with progress comes some collateral damage. Not every structure with a predominant architects pedigree should be considered a "classic" but I would hope to see that those elements of our special architecture could be incorporated into new developments that would still give the "feel" of what distinguishes Palm Springs from other communities. Just as the City provided a terrific venue with the Village Green, could the Kaptur buildings be better incorporated into this project? As a centerpiece to this project, I feel that it would be something the entire community could enjoy and be a highlight of our architectural tours as well as a great example of progress with respect to what made this city what it is today. Mike Johnson Mike Johnson 760.902.8207 LIC#01313228 PGJJl;,;:k:an~ modern reo I estole IGROUP [email protected] mikejohnsonps. net 103 1 Cindy Berardi From: Doug MacBeth Dear Palm Springs City Council Members: I am writing to express my concern over the proposed demolition of yet another Palm Springs architecturally significant midcentury-modern gem: the Hugh Kaptur Tahquitz Plaza. As a concerned Palm Springs homeowner and as a midcentury modern enthusiast, I oppose the demolition these Kaptur buildings. In February, almost 60,000 people traveled to Palm Springs for Modernism Week and added hundreds of thousands of dollars to the local economy. Yet over the past few years, Palm Springs has lost several important midcentury buildings, including the iconic Spa Hotel with its much-photographed colonnade and the classic Donald Wexler school administration building. Palm Springs cannot afford to let these losses continue. Sadly, there are several empty lots in Palm Springs where important midcentury modern buildings have been demolished to make way for new development, which never happened. Why not build on these now empty lots rather than add more architecturally historic buildings to the rubble pile? Thank you for giving thoughtful consideration to this important issue. Sincerely, Doug MacBeth 104 1 Cindy Berardi From: P. David Ebersole We are new residents to Palm Springs, and we are writing in hopes that our voices will be heard regarding the impending demolition the Hugh Kaptur-designed Tahquitz Plaza before it is too late. We understand that this demolition is exclusively within the City Council's purview and it is frighteningly scheduled for only one week from today!! We chose to move to this community from los Angeles because, at the top of our list of many other great reasons, it has such a rich history in iconic architecture that we love and admire. Since last September when we purchased our house (not insignificantly a Kings Point home that we consider an architectural masterpiece by William Krise!), we are seeing a trend towards thoughtless demolition of that legacy that is very disturbing. The aggressive demolition of the William Cody, Donald Wexler and Richard Harrison-designed colonnade at the Spa Hotel happened days after we purchased our home, adding to the sadness we and others suffered over the 2012 destruction of Wexler-designed buildings at Palm Springs High School. The noise made over these losses are not just about the politics of preservationist nostalgists versus progress -they are representative of our collective dismay as residents that developers are literally diminishing one of the main attractions that brings new buyers like us into the area. We know we are not alone in saying these local architects are artists who deserve the respect that reaches beyond having stars on the Palm Springs Walk of Fame, and so it is with great urgency that we implore the City Council -who stated they were powerless in the cases of the other buildings we cite above, that are forever gone - to stand up now that they do have the power, on behalf on their citizens, to preserve the architecturally-significant Tahquitz Plaza scheduled for demolition on Wednesday, April15. Sign us, new Palm Springs residents P. David Ebersole & Todd Hughes The Ebersole Hughes Company www.EbersoleHughes.com 1 105 Cindy Berardi From: [email protected] Sent: Wednesday, April 08, 2015 2:36 PM To: CityCierk Cc: [email protected]; [email protected] Subject: Aberdeen Dear City Council Members, t implore you to reconsider the potential destruction of Tahquitz Plaza by noted local architect Hugh Kaptur. Palm Springs has risen from the dust like the mythical Phoenix due to the wonderful, unique Mid Century architecture in it. Now a greedy developer wants to turn a master piece of modem architecture into dust in order to line his pockets. Palm Suffered a major loss at the hands of the Agua Caliente tribe this past year when the highly important Spa Hotel was destroyed. Consider the people who have flocked here spending money and purchasing and restoring Mid Century properties!! We are your constituents!! We be here long after a flush developer has left town. As a owner of 2 Mid Century properties in Palm Springs, I implore you to stop the destruction of what makes this city unique and great!! SAVE TAHQUITZ PLAZA FROM DESTRUCTION!! Repectfully, Stan Deen MD San Francisco, California 106 1 Cindy Berardi From: Mark Picascio To the Palm Springs City Council, on the issue of tearing down the Tahquitz Plaza office complex, Palm Springs, CA. designed by famed Palm Springs architect Hugh Kaptur, slated to make way for a new High Density project named "Aberdeen", .. NOT a very good idea for the future of Palm Springs! As my friend and Author, Speaker and Historian Steven Price has mentioned, "Short and Sweet" is best in a message. So here is my message to the City of Palm Springs, CA. "If you let this Mid-Century modem architecture go, then you let Palm Springs go!" If this happens, gone will be the days of simplicity in desert design forever! P .S. This original Mid - Century modern architecture by architect Hugh Kaptur will bring in and make more revenue then any new built project could ever achieve! Sincerely, Photographer, Modern- Abstract Artist, Architectural Designer and Palm Springs resident, Owner and operator ofUitraModernStyle.com. Mark G. Picascio Los Angeles, CA. www.MGPicascio.com v.ww.Ultramodernstyle.com 107 1 Cindy Berardi From: Jojo Sweiven To the City Council- As a Palm Springs resident, I am writing to express my support for Hugh Kaptur and his architecture. I am also adamantly agaliist the clty•s use of PDs to overdevelop sites that are out of scale with their surroundings. Our historical architecture is what defines our city and makes it so special. Please represent your constituents by preserving it. Joann Sweiven 590 Sycamore Cir. Palm Springs 108 1 Cinc!y Berardi From: Brad Hudson Thomas To Whom It May Concern, Architecture is important to the history of our city, and the City Council should act to help preserve buildings such as the Hugh Kaptur-designed building being threatened by Aberdeen. Thank you for your consideration, Brad Hudson PO Box 5434 Palm Springs, CA 92263 109 l Cindy Berardi From: gael buzyn Please integrate the Kaptur building in the Aberdeen project. This is OUR architectural heritage. It has to be preserved. If demolished we loose an architecturally significant building and will NEVER be able to go back. Consider that this is a duty toward future generations and the only way to preserve our heritage which is the foundation of our city. Thank you, Gael Buzyn Palm Springs home owner. 110 1 Cindy Berardi From: Shary Bowman Please save these really cool Mid- Century modem designed buildings, Tahquitz Plaza, at 700 E. Tahquitz Canyon Way, Palm Springs, CA. Built in 1971, by architect Hugh Kaptur, Palm Springs California These beautiful modem buildings designed by famed architect Hugh Kaptur should NOT be demolished and gone forever! Shary Bowman 111 Cindy Berardi From: Kurt Cyr Dear City Council, You have the power to save meaningful architecture of Palm Springs and share it with the rest of the world. II 60,000 architectural pilgrims visting lor Moderism Week 2015 are any indication, Palm Springs is a mecca for architecture. It is incumbent upon you to preserve the architectural heritage and lifeblood of the City of Palm Springs. We may have made our name with mid century design, but we shouldn't limit our focus to just that We need to embrace innovative design, but certainly not destroy thoughtful archtitecture of the near past for the mere sake of building and expanding. Architects have been coming to our fair city for nearly a century to create a built environment that has become a benchmark that is to be admired. Please do not lose sight of that. but embrace it Please do not let Hugh Kaptur's Tahquitz Plaza go the way of Donald Wexler's colonade and Palm Springs High School music building. Sincerely, Kurt Cyr KURTCYR DESIGN SERVICES e: [email protected] c: 818 903 0058 w: kurtcyr.com 112 1 Cindy Berardi From: Bert Simonis Dear Mr. Mayor and City Council, I wanted to write to let you know my opposition to tearing down the Kaptur designed Tahquitz Plaza buildings. This section of your city needs commercial space in order to be vibrant during the daytime. Not empty condos or so-called live-work spaces. (In San Jose. they have turned into "live-only" spaces with shutters and curtains in the storefronts. Vote the project down, save the buildings and stand up for the brand that Palm Springs has become! Theo DeVries 113 Cindy Berardi From: Brooks Hudson Thomas To Whom It May Concern, Architecture is important to the integrity and history of Palm Springs, and the Palm Springs City Council should do all that it can to help protect buildings such as the Hugh Kaptur building that could be demolished for the Aberdeen Project. My husband and I first visited Palm Springs in 2003 to sec our friend's Wexler Steel House in the Racquet Club neighborhood. At the time an important Neutra home, the Maslon house, had just been tom do"'n and the Neutra Miller house was in periL We have recently made Palm Springs our full time home after many years of enjoying the climate, the architecture, and the totally unique mix of contemporary and mid-century style resort escape that only Palm Springs can ofter. Hugh Kaptur's Tahquitz Plaza building should be preserved and protected. If developers need to alter the use of these important buildings they will be praised in the future for leaving Kaptur's unique and original architectural composition intact rather than imitating the re-use of early 20th C or late 19th C urban architecture that never ex.isted in the desert. The failure to preserve this building would continue a tragic loss of iconic structures that I have seen demolished or slated for destruction in the short time we have lived here. We are new to Palm Springs and I have been told that I need to pick my battles. Palm Springs is a very small town that has an amazing architectural legacy. There are a handful of still living architects that made this town into something unlike any other place in the country. It would be a shame to continue and contribute to a trend of undervaluing and destroying the structures that have made Palm Springs what it is today. There is room for innovative and contemporary architecture in Palm Springs. Perhaps more than anywhere else. Palm Springs should embrace new architecture and support the visionary design, but not at the expense of the radical experiments that architects like Kaptur were given the chance to make only a generation ago. Hugh Kaptur's Tahquitz Plaza building must be allowed to grow into the future and to be considered in the context ofKaptur's contribution to the city and to the practice of Architecture. Thank you, Brooks and Brad Hudson Thomas Brooks Hudson Thomas 310-867-0520 [email protected] 114 l Cindy Berardi From: Penny Shaw People from all around the world come to Palm Springs to see its architecture so why would we intentionally tear down buildings that represent our past and present-- and bring in$$$, lots of it? Please save Aberdeen. 115 Cindy Berardi From: Amanda Erlinger Importance: High Dear City Councii Members, My name is Amanda Erlinger. I am a resident of the Coachella Valley, and my family has been living in the Valley for over 60 years. I am the daughter of Nancy Sinatra, the granddaughter of Frank. My husband and I have a home here, my sister and her family as well as my mother (who now lives here full time). and my grandmother who came to the valley with my grandpa in 1939 all have homes here. My grandmother is now 98 years old, and still loves to visit her home in the desert when she can. On behalf of the entire Sinatra Family, my family, I urge you to please consider prohibiting the demolition of Hugh Kaptur's Tahquitz Plaza. It is a landmark structure for which there will be no replacement if it is demolished. Mr. Kaptur is not as recognized as some of our most treasured mid-century iconic architects, and this is too bad. In the last couple of years, thanks to the PSPF and the PS ModCom, and to Mr. Kaptur himself, he has received the recognition that he deserves. His designs are innovative and ahead of their time. They illustrate how creative design can be both interesting, beautiful, and functional. He also happens to be one of the most prolific architects in the Valley's history, creating a number of iconic buildings that have stood the test of time. 1 have been a member of the PSPF and ModCom for years. My family has a long history in the desert, and my grandfather was a champion of mid-century architects throughout California but especially in the Valley. If he were alive today, he would be on the phone to every single one of you pleading with you to intervene in what is sure become another in a series of preventable detractions from the landscape of the place he loved so much ... the place that my family still calls home. 1 implore you to stop this demolition, and to keep what iconic structures we have left intact. Thank you for your time. Amanda Erlinger On behalf of my grandfather, Frank Sinatra and the rest of my family: Nancy Sinatra Nancy Sinatra Senior Tina Sinatra Frank Sinatra Jr. Angela Lambert 116 1 Cindy Berardi From: Ellen Donaldson I strongly oppose the approval of the Aberdeen project. To destroy award winning architecture and replace it with sn overcrowded planned development is a travesty. A large part of Palm Spring's charm, appeal and status is its inventory of wonderful architecture and the Hugh Kaptur buildings are part of that inventory. Aberdeen is a bad plan. Ellen Donaldson 218 N. Orchid Tree lane Palm Springs California. j "I 1- j l Cindy Berardi From: Jorge Valladares Dear Palm Springs City Council, We are new residents of the City of Palm Springs and we are deeply saddened by the news if impending demnlishion of at least 75% of the buildings designed by Architect Hugh Kaptur. I believe a City Council in Palm Springs or any other city in the US must be devoted to protect the culture and History of the City. By allowing this new development, you are turning the blid eye on the destruction of the city heritage, not just for the current resident~ but the generations to come. If behaviour like this continues, the city \\ill no longer the the place that attracts so many for its buildings and architecture but a city full of Ca~inos and dense urban development. Sincerely. Jorge Valladares Oyola 3010 E Via Escuela Palm Springs, CA 92262 118 Cindy Berardi From: Ron Marshall Dear Mayor Pougnet, As former full-time, now seasonal, residents we have devoted thousands of volunteer hours to help make Palm Springs a better place to live. We have had to endure the destruction of many of the city's architectural gems by "suspicious" fires, tribal contrarianism and a lackadaisical attitude on the part of the city with regard to the implementation of the vacant building ordinance. During our time in Palm Springs you, councilmembers Foal, Hutcheson and Lewin have all personally given us assurances that you understand the importance of the city's midcentury architecture and its criticality to the economic health of the city. The lot that Aberdeen is being built on is over eight acres. Please retain the entire Tahquitz Plaza complex and do not give in to an anemic compromise that destroys any of this extraordinary Kaptur architecture. Re-purpose the Tahquitz Plaza into something that is creative and unique. Good examples of such creative re-purposing abound (e.g., architect Edward Durell Stone's Stuart Pharmaceutical Building in Pasadena has a similarly dense project behind it). We all know that Nexus Development will still make an extraordinary amount of money on this overly-dense project even if they must build behind Tahquitz Plaza. Ron & Barbara Marshall Baltimore, Maryland 119 Cindy Berardi from: henry connell I am a IS-year resident of Palm Springs. I believe that a huge part of the quality-ot~lite-valuc of living in Palm Springs, (as well as the economic value as reflected in the tourist trade) is its unique, IRREPLACEABLE architectural heritage. Please save the Kaptur buildings and encourage sustainable, quality development. "The greenest building is the building that already exists." thank you Henry Connell 635 W. Leisure Way Palm SPrings 92262 120 Cindy Berardi From: David Keens < [email protected]> Sent: Thursday, April 09, 2015 11:07 AM To: CityCierk Subject: Aberdeen Project I am writing in opposition to the proposed demolition of the Hugh Kaptur designed Tahquitz Plaza buildings to make way for the proposed Aberdeen Project. Palm Springs has enjoyed a remarkable resurgence of tourism and related commercial activity due in large part to the national and international media coverage of the tov.n's extraordinary collection of Mid Century Modern architecture. Articles in the Los Angeles Times and New York Times focus not on the weather or go !ling, but rather its remarkable treasure of Mid Century Modem homes and buildings. The annual Modernism Week activities and year round private architectural tours of the city draw visitors from all over the world. There are many individual Mid Century Modem designed buildings in town that are published, acclaimed and studied internationally. These structures bring honor and prestige to our city. However the acclaim this city enjoys comes not from only individual structures, but from the extraordinary collection and concentration of preserved Mid Century Modem homes and buildings. It is this collective architectural treasure that distinguishes Palm Springs from not only the other cities in Southern California, but from those around the world. The Hugh Kaptur designed Tahquitz Plaza buildings are a significant, award v.inning, part of this collection of architectural treasures residing in Palm Springs. The Palm Springs City Council has been given articulate and logical recommendations to deny approval of the Aberdeen Project from not only Hugh Kaptur himself, but the city's advisory boards, comprised of experts in both architecture and city planning. The City has established these panels to use their expertise in evaluating proposed projects to ascertain their appropriateness to our city's character, aesthetics, and mission. These recommendations should be endorsed and followed by the City Council; to do otherwise suggests the council has special interests as their priority over preserving the integrity and treasures of Palm Springs. The Palm Springs City Council has been elected to serve this city, not developers whose only interest is a quick fmancial gain. Palm Springs will no longer be a unique and desirable destination if the city continues to approve the destruction of the very things that make the city unique. I urge the City Council to stop the needless destruction of Palm Springs honored buildings, in this ca David Keens Full time Palm Springs Resident Professor of Art and Art History, University of Texas I Arlington (retired 2013} Texas State Artist 121 1 Cindy Berardi From: Jim Small < [email protected]> Sent: Thursday, April 09,2015 1:08PM To: CityCierk Subject: Aberdeen For your consideration: My husband and I are frequent visitors to Palm Springs and anticipate retirement here. We stay in a mid-century hotel and intend on purchasing a mid-century styled home. We love the architecture in the Desert and enjoy going on "photo safaris" seeking out Palm Springs' finest examples. That is why it is very distressing to me to now hear that another mid-century gem is in danger of disappearing. Hugh Kaptur's Tahquitz Plaza needs to be preserved and maintained for what it is ...... a representation of a time when architecture was free-flowing and innovative. Destroying one property after another and replacing them with cookie-cutter developments will only continue to minimize the ambiance that IS Palm Springs. These buildings are the heart and soul of the City!! If the City Council does, indeed, represent the voters, the voters are now speaking. Please, do not destroy our mid-century legacy by allowing the senseless elimination of these beautiful buildings. It's part of the charm and lifestyle that IS Palm Springs. Respectfully yours, Sheri Small Architectural Photographer Frequent Visitor and Future Resident 122 1 Cindy Berardi From: Jade Thomas Nelson To: Palm Springs Mayor Steve Pougnet; Palm Springs City Council Members; Ginny Foat; Rick Hutcheson; Paul Lewin; and Chris Mills April9, 2015 During my forty years living in Palm Springs, I have witnessed the loss or irreparable damage of countless significant buildings either by demolition or fire (caused by neglect). Many of these unfortunate losses could have been prevented with better community education, understanding and civic support. Well, that day has come. The years-ongoing saga of Hugh Kaptur's Tahquitz Plaza has come to an unprecedented fore in recent months that has resulted in thousands of informed and concerned voices locally and around the world in favor of saving, restoring and reusing the whole of Tahquitz Plaza. And, to a greater degree, preserving that which contributes to the unique architectural make-up of Palm Springs. The greatest of these voices is the architect Hugh Kaptur himself. Please respect his wishes, and for the greater good of our City, reject "Aberdeen" and any past, current or future plans to destroy any part of Tahquitz Plaza. Thank you. Jade Thomas Nelson Palm Springs 1 123 )-::· ECEi 't" ED . ~PALM SPRINGS t ~ ' ~· ttr •' PRESERVATION .ao..il" FOUNDATION 2015 APR -9 Prl I: 5:.i Apri I 8, 2015 L! i Mayor Steve Pougnet City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs. CA 92262 Subject: Aberdeen Project and the Proposed Demolition ofTahquitz Plaz,a (1971. Kaptur & Lapham) Dear Mayor Pougnet, On February 22, 2015 the foundation wrote to the city's Planning Commission expressing our many concerns about the Aberdeen project proposed by Nexus Development. Foremost among our concerns was the proposed demolition of the architecturally-signilicant Tabquitz Plaza. We also stated our concerns that the project fails to comport with the values and priorities of the city's general plan, historic resources progrdlll and sustainahility program. lbc latest iteration of the Nexus Development project belore you now claims to present a compromill<: wherein a small portion (25%) of the architectumlly-significant Tahquitz Plaza complex is retained. We want to be clear that the foundation docs not view this as any sort of a ~compromise." A compromise implies two parties negotiating towards an agreement acceptable to both. Our steadfust position has been that the solution which yields the most public benefit, while allowing significant profitability to the developer, is to place the Aberdeen project bellind are-purposed Tahquitz Plll7ll complex. We believe the Palm Springs Preservation foundation's position already embodies a significant compromise: it concedes a high-profit and incongruously high-density project in an area of the city where it is allowed to skirt a hn~1 of city zoning requirements. In view of a burgeoning appreciation of the work of architect Hugh Kaptur, the foundation believes it would be unconscionable of the city council to allow the demolition of any portion of the award-winning• Tahquitz Plaz.a complex. The irony should not be lost oo the council that it was a city council member that presented Mr. Kaptur with a star on tbc Palm Springs Walk of Stars during Modernism Week 2014. Additionally, Kaptur is the subjt-"CI of a new documentary film (Quiet l-1egam:e: The Architecture ofHugh M. Kaptur). Finally, the Tahquitz Plaza complex will be included in the city's ongoing hi~ioric resources survey. We applaud the Architectural Advisory Committee's January 26, 2015 decision to unanimously deny this project. In that decision, only the merits of the project were considered by the AAC, not the architectural significance ofTahquitz Plaz.a. We also applaud the Planning Commission's recent deliberations wj»Ch also found the Aberdeen project profoundly flawed and the proposed demolition of the Tahquitz Plaza complex "" Tahquitz Pl:tm~ woo the Palm Springs (kddeo Palm Award fm architeduml excellence in both 1979 and 198tl 1775 East Palm Canyon Drive, Suile 110-195, Palm Sprmgs. CA 92264 (760) 837-7117 • in~fOU!ldatioo.org • www.psprescrvlltioofoulldalioo,org 124 highly problematic. It was noteworthy that most of the commissioners considered that at a minimum at least half of the Tahquitz Plaza should be considered for retention. These concerns resulted in the Planning Commission's denial of the Aberdeen proje<:t on February 25,2015. City structures built in the 1970s are now being evaluated for their historical and arehite<:tural importance (the 1975 P.dlm Springs Art Museum designed by E. Stewart Williams was designated a Class 1 historic site many years ago but only due to an active lobbying effort). We submit that the city coW1Cil should consider the designation of the Tahquitz Plaza complex as a Class 1 historic site. To that end we have included a summary she<:t (attachment (I)) showing the mtionale for such a designation under Palm Springs Municipal Code (PSMC) Chapter 8.05. w~ are also compelled to remind the city of its obligations under the California Environmental Quality Act (CEQA) with regard to hi~ioric resources. Three years ago, on April II, 2012, PSPF sent the city manager a legal opinion from Cbatten-Browo & C~"tens (a law firm which specializes in CEQA matters) regarding the city's consistentlhllure to implement the requirement~ of CEQA (attachment (2)). Since our letter, ca.<;e law bas shown that historical resources do not have to appear on local registers to be considered historic resources. This is an opinion recently communicated to you by California's Office of Historic Preservation. At this juncture the weight of the administrative record on the Aberdeen project should convince the city to conduct an Environment Impact Report (EIR) underCEQA. We are also forwarding attachment (3) for the administrative reeord. If you have any questions please don't hesitate to contact the foundation at 760-837-7 I I 7 or [email protected]_ Sincerely. Erik Rosenow !'resident Attachment~: I. Evaluation ofTahquitz Plaa~ under PSMC Chaprer 8.05 2. Cbatten-Browo & Carstens legal opinion ofMarcb l, 2012 entitled "Use of Categorical Exemptions for Projects Impacting llistorical Resources~ (forwarded by PSPF letter of April 11,2012) 3. Alan Hess letter of Mareh 20. 2015 entitled "Tahquitz Plaza by architect Hugh Kaptur, Tahquitz Canyon and Calle El Segundo~ (endorsed by J'SPF letlcr of March 22, 2015) Copy to: Palm Springs Modern Committee (Chris Menrad) Desert Sun (Skip Descant} 2 125 EVAI.UATION OF TAHQUITZ PLAZA UNI)ER PSMC CHAPTER 8.05 Criterion 1: Significant Event, To qualifY tl•r listing under this criterion, a property must be associated with one or more event~ important in the defined historic context. Criterion I recognizes properties associated with single events or pullerns of events or historic trends, such as the gradual rise of the city's prominence in architectural excellence in midcentury modem architecture that is an important pattern of events within this associated contcxL The Tahquitz Plaza complex is an outstanding example of commercial design and construction of buildings within the context of midcentury desert Modernism, Tahquitz Plaza is associated with this pattern of events for its abiliry to exemplifY the modem period ofthe nalional, stale anti local history, T@quilz Plaza qualifies (or li!;lif)gps a Class I f!istoric Site on the local regis(!Jl under Crilerion I. ARCHJn:CTURE (Criteria 3 - 6) Criterion 3: (!'hat reflects or exemplifies a particular period ofthe nalional, state or local history). Tahquitz Plaza was designed by the architectural finn ofKaptur & Lapham and constructed in 1971. The complex was intended to house the architectural offices of Kaptur & Lapham and the commercial offices of a supportive and sympathetic client bcnec both Kaptur and Lapham were given significant creative latitude The stylistic markers of the complex place it directly in the hi~1oric context of Palm Springs' Modem Period. The commercial complex represents a prime and largely intact example of the significant modcruist arclritecture for which Palm Springs is widely known. As such the commercial complex may be viewed as an important component of the historic trends that have come to detlne Palm Springs' image as a center of important midcentury architcclure, i.e., an historic trend that exemplifies a particular period of the national, state or local history, The Tahquitz Plaza comp}q;guaiities for listi!!g_q,y a Class I Historic Site on the local registry under Criterion 3. Criterion 4: (!'hat embodie.~ the distinctive characteristic.s ofa type. period or method of construction, or) Type, Period, and. Method of Construction: "Type, perind, or method of construction" refers to the way certain properties arc related to one another by cultural tradition or function, by dates of construction or style, or by choice or availability of materials and technology, To be eligible under this Criterion. a property must clearly illustrate, through "distinctive characteristics" a pattern of features common to a particular class of rcsoun:L-s. "Distinctive characteristics" arc the physical features or traits that commonly recur in individual types, periods, or methods of construction, To be eligible, a property must clearly contain enough of those chara<:tcristics to be considered a true representative of a particular type. period, or method of construction. Characteristics can be expressed in terms such as form, proportion, struct~ plan, style, or materials. Tahquitz Plaza is eligible under the theme of Modem architecture because it possesses distim:tive characteristics that .make up the many qualities of the style, such a.~ overall horizontality, an irregular roofline, inexpensive mass-produced materials like concrete and stucco. man-made and natural materials suitable to the harsh desert environtn'-"111 (steel. aluminum, glass. etc.) and an architectural design that strives to moderate the harsh desert environment with deep and sculpted eyebrows over windows. benned walls, eaves and sun- Attachment (I) - 126 shading features and the integration of outdoor areas. As suc.!~o Tahquitz Plaza is eligible under this criterion because it represents an important example of building pmcliccs in Palm Springs at midcentury. Tahquilz Plaza qualifies tor listing a~ a Class 1 Historic Site on the local regislry !ifll}er Cr![erion 4. Criterion 5: ([hat (a): represeflls the work o(a ma5ler builder, designer, arti. Sa: Work of a Master: A master is a figure of g-.'llerally recognized greatness in a field, a known craftsman of consummate skill. The property must express a particular phase in the development of the ma~ter's career, an aspect of his work, or a particular idea or theme in his craft. A property is not eligible as the work of a ma'lter, however, simply because it was designed by a prominent architect. for example, not every building designed by Frank Lloyd Wright is eligible under this portion of Criterion 5, although it might meet other Criteria. '(be architectutal firm of Kaptur & Lapham (in partnership from 1965-1975) qualifies as a firm of"ma\1er architects." Both Hugh Kaptur and the late Howard Lapham produced architecturally significant works that bave stood the test of time. Kaptur's Steve McQueen Residence (I 968). William Holden Residence (1977) and Palm Springs Fire Stations 113 and 114 and Lapham's Desert Star Hotel (1956) and lchpa Mayapan (translated as "Exclusive Estate" and the recent temporary residence of President Obama in 'lbundcrbird Heights) are ja~t a few noteworthy t:xamples of their combined and individual work. Sb: Properties possessing higb artilltK: values: High artistic values may be expressed in many ways, including areas as diverse as community design or planning, engineering, and sculpture. As an example of the maturing modernist movement, the Tahquitz Plaza complex certainly articulates the best of modernist "adobe-influenced" architecture to a level of excellence and confidence that. in total, they could easily be considered an aesthetic ideaL Architectural historian Alan Hess expounds as follows: "'!be Tahquitz Pla:t.a offices are an excellent representation of fKaptur'sj use of sculptural, expressionist forms influenced by Native American adobe ~1ructures, but modemiz.ed and abstmcted aesthetically in the spirit of Modernism." As the work o[Masler architects, anJJj}_t: ils high arlistic va(J#!S, T,g_l:J!luitz l'lazq qualifies for listing a< a Class I Historic Site on the local registry under Criterion 5. The foregoing evaluation was reviewed by licensed C-alifornia architect Susan Secoy-Jcnsen who meets the minimum professional qualifications under 36 CI'R Part 61 both in ''Architecture" and "Historic Architecture" A ttachmenl ( 1) 127 ; .PALM SPRINGS ~~ tfT. PRESERVATION -..11,.; FOUNDATION Aprilll, 2012 Dr. David Ready, City Manager City ofPalm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear Or. Ready, For many years individuals with experience in city planning (including cllrren1 and t(nmer members of the city's Planning Corrunissinn and Archltect:ural Advisory Committee) have expressed their concern to us that the city is not adhering to the requirements of the California Environmental Quality Act (CEQA). Typically these individuals bave served on boards and commissions in other CalifOrnia cities where the requirements of CEQA seem to be more seriously considered. While we have ex:ptessed this concern informally over the years,. we have now taken !he additional step of soliciting a legal opinion from Cbatten-Brown & Carstens (attached), a fum with experience and specialized expertise in this particular area of the law. In short, it observes that uit is a violation of CEQA to categoric.ally exempt a project from environmental n:view ifthat project may have an impact on an historic resource." We are sending this legal opinion to you as the city manager (llll.ber than the mayor) because we consider this first and foremost a "good government" matter. If you have any questions, please contact the fuundation at (760) 837-711 7 or via email at info(~onfoundation..org. Respectfully, ~k·c-lcU Ron Marnba.ll President Attachment: Legal Opininn of March l, 2012 entitled "Use of Categorical Exemptions for Projects ImpactiDg Historic Resources" Copy to: Director of planning Services; Chair, PI!IOJ!ing Commission; Chair, Historic Site Preservation Board; and City Attorney I Tl~ Ea:$1 !'aim~ Drive, S..ile 111).195, Palm Springs. CA 92264 (760)837-7117. ~.org. """"'-~--"'1! Attachment (2) 126 CHATTEN·BROWN & CARSTENS 100 I OCEAN PARK fl(JIILEVARD 1H.£PHONF. (.3 10) .314-S04{l SUITE 205 E·MA.Ii. F!\('SIMIIF ('Hfl) 314-~SO SANJ A MONICA, CAUHJRNIA 9040.1 A('\,~n.jf'8C'EAii:T1U,AW _( 1 ~M www.chceatthlaw.com March I. 2012 Ronald W. Marshall Palm Springs Preservation Foundation 1775 East Palm Canyon Drive Suite 110-195 Palm Springs, CA 92264 Email: ,,I~J'"I"·~''~.!dl'>''2,'l,::JEi•'£',"~i·. Rc: Usc of Categorical Exemptions for Projects Impacting Historic Resources Dear Mr. Marshall, The Palm Springs Preservation l'oundation has requ<.-sted Chattcn-Brown & Carstens prepare this legal opinion regarding the City of Palm Spring's usc of categorical exemptions to the California Environmental Quality Act (CEQA) for development projects that could impact historic resources. Based on our review of CEQA, the CEQA Guidelines, and relevant case law, we conclude that it is a violation of CEQA to categorically exempt a project from environmental review if that project may have an impact on an historic resource. CEQA Cl>'tablishes California's policy to "take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from exct.."'i.~ive noise." (Public Resources Code § 2100 l.) To ensure all aspects of the environment are protected, CEQA requires agencies that will be approving discretionary projects to analyze a project's poll.."'ltially significant environmental impacts in a negative declaration or environmental impact report. CEQA specifically fmds that adverse impact~ to historic resources are significant environmental inJpaels: "A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment." (Public Resources Code§ 21084.1.) Buildings, structures, and other resources listed on a local register of historic resources are presumed to be historically significant. (PubI ie Resources Code § 21 084 .I.) "Public agencies must treat any such !\."Source as significant unless the prepondCI'llllce of Attachment (2) 129 Ronald W. Marshall March 1. 20 12 Page2of4 evidence demonstrates that it is not historically or culturally significant,. (CEQA Guidelines§ 15064.5(a)(2).) lbe City of Palm Springs has a local regL~ter of historic resources, providing for designation of three classes of historic sites and hi~1oric dist.ricts. All resources designated by the City as an historic site or district are presumed to be historically significant under CEQA- While CEQA seeks to ensure the protection of the environment through the pn.:paration of environmental review documents and inclusion of mitigation mea~un.-s, the Act does not require environmental review of cla'lses of projects the Secretary of the California Natural Resources Agency has determined would not have a signilicant effect on the environment. (Public Resources Code§ 21084(a).) "!be CEQA Guidelines set out 33 classes of these categorically exempt projects. Public agencies are generally not required to prepare an environmental review docwnent for activities that fall under one of the categorically exempt classes of projects because the Resources Agency ha~ already found these types of projects do not typically have any adverse environmental impacts. (CEQA Guidelines§ 15354.) However, CEQA contains several exceptions to the categorical exemptions. If a project that would otherwise fit within a class of categorical exemption falls within one of the exceptions, preparation of an environmental review document is required. (CEQA Guidelines § 15300.2.) One of the exceptions to the use of a categorical exemption provided by CEQA is for any project that may impact an historic resource: "A categorical exemption shall not be used for a project which may cause a substantial advr;:rse change in the significance of a historical resource." (CEQA Guidelines§ 15300.2(t); see also Public Resources Code§ 21084(t).) "Substantial adverse change" includes physical demolition. destruction, relocation, or alteration of a resource or its immediate surroundings such that the significance of an historical resource would be materially impaired. (CEQA Guideline§ 15064.5(b)(l).) Material impairment occurs when a project demolishes or materially alters the resource's physical characteristics that convey its historical significance and that justifY its inclusion in a state or local register of historic resources or its identification in an historic resources survey. (CEQA Guideline§ 150645(b)(2).) 'Ibe California Court of Appeal has applied this exception to prohibit the use of a categorical exemption when a project could impact an historic resource. In Comm. to Save Hollywoodland Specific Plan v_ City ofLos Angele.s (2008) 161 Cai.App.4"' 1168, the City of Los Angeles bad approved the construction of a wooden fence on top of one of the historic Hollywoodland granite walls pursuant to a Class 5 categorical exemption for projects consisting of minor alternations in land use limitations. These granite walls Attachment (2) 130 Ronald W. Marshall March I, 2012 Page 3 of4 had been designated as an historic monument by the City of I ,o.~ Angeles, making them an historic resource pursuant to Public Reoources Code section 21084.1. The Court found the City's use of a categorical exemption was improper because the construction of a wooden fence on top of the historic wall could "significantly impact the environment by altering the historic resource, both as to its physical integrity and il~ aesthetic appeal from the neighboring streets." (/d. at 1187.) The City was required to vacate its issuance of an exemption under CEQA. (/d. at 1188.) Courts have set a low threshold for showing that an exception to use of a categorical exemptinn applies. Whenever there is substantial evidence in the record to support a fair argument that the proposed construction will have a significant effect on the environment, the application of a categorical exemption is inappropriate. (Berkeley Hillside Preservation v. City ofBerkeley Al31254, 2012 WL 489195 (CaL Ct. App. feb. 15, 2012.) This means that if there is substantial evidence an exception is applicable to a project, the project is not categorically exempt from preparing environmental review even if there is contrary evidence in the n.'COrd or a disagreement among experts regarding the applicability of the exception. (/bid.) For example, if an historic resource expert submits his or her opinion that a project would adverse impact the historicity of a structure the City has designated as an historic site, the City could not rely on a categorical exemption to CEQA to approve the project, even if another hi~1oric resource expert determined the project would not ad~·erse impact the historic resource. In this instance, the C:ily is required to prepare an environmental review document that analyzes whether the project would or would not impact the historic resource. If the project would impact the historic resource, the City must find measures to mitigate the significance of that impact. "Generally, a project that follows the Secretary of the Interior's Standard.~ for the Treatment of Historic Properties with Guidelines for Preserving. Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer, shall be considered as mitigated to a level of less than a significant impact on the historical resource." (CEQA Guidelines§ 15064.5(b)(3).) However, mitigation measures such as compliance with the Secretary oflnterior's Standards cannot be a basis tor refraining from applying one of the exceptions to categorical exemptions. (Azusa Land ReclamaJion Co. v. Main San Gabriel Basin WaJermaster (1997) 52 Cal.App.4u. 1165, 1200.) If a project may have a significant effect requiring mitigation, usc of a categorical exemption is improper and an environmental review document should be prepared to a~ess the effectiveness of the mitigation measure. (Salmon Pratectinn & WaJershed Network v. County ofMarin (2004) 125 Cai.App.4u. 1098, II 02.) A uacbment (2) 131 Ronald W. Marshall March I. 2012 Page4 of4 '!bus, it is our conclusion that it would be a violation of CEQA to apply a categorical exemption to any project that may significantly and adversely impact an historic resource, even if mitigation is included in the project. We have enjoyed working with the Palm Springs Preservation Foundation on this matter. Please feel free to contact us if you have any qm.>stions regarding this legal opmton. Sincerely, Amy M.intt:cr Chatten-Brown & Carstens Attachment (2) 132 Date: April9, 2015 Re: Aberdeen ZOI5M'R -9 Pl1 1:55 To: Palm Springs City Council As a licensed California realtor, not only do I have professional standards to uphold, but it's in my interest to both educate and listen to my clients. I'm in the business of helping people buy and sell properties, and I hear over and that they come to Palm Springs for a lifestyle they can't get just anywhere else. Some are fleeing overdeveloped areas with a kind of creeping sameness. It's in our interest to have a diverse commercial, retail and housing stock. Just because something is a few years old, by no means makes it outdated. There are land use and legal issues upon which I have to advise them. I urge them to look at the suitability of what they want and where they want it. And I would ask the same of any commercial developer with whom I was working. As a full-time resident of this City, I have sadly watched important buildings demolished, where City Council had no power to intervene. This demolition is within your purview and I urge you to intervene. Please show support preserving and reusing these buildings. Kind Regards, Vincent Williams The Paul Kaplan Group, Inc TeiiText: 760·409·6364 www.ModQmPShome~;com 133 Cinc!y Berardi From: Philip DeCancio Hello, When I go to the building department I see this brochure and think how lucky we are to have an ordinance in place to protect the diverse architecture in place. The success of Modernism Week is still fresh in my mind - it was wonderful to see all the excitement and people that really appreciate architecture. To see the architect's names and the year the building was built projected on the along Palm Canyon was a great history lesson. Let's protect and save the architecture that people come here to see and that makes Palm Springs unique. Bottom line - the architectures of Palms Springs brings in tourist dollars - why destroy what brings people here? Hugh Kaptur's office park is architecturally important building and should be saved for future generations to enjoy. Thank you, Philip de Cancio 2288 Caliente Dr. Palm Springs CA (323) 630-6238 134 Cindy Berardi From: David Dixon To: Palm Springs Mayor Steve Pougnet Palm Springs City Council Members Giny Foal, Paul Lewin, Chris Mills and Rick Hutcheson April9, 2015 I am writing to you to protest the Aberdeen project. I believe that Hugh Kaptur's Tahquitz Plaza comprises architecturally interesting buildings that contribute to our eclectic mix of architecture in Palm Springs. We've lost numerous good buildings in recent years, and you have the capacity to stop the Aberdeen project and preserve Hugh Kaptur's T ahquitz Plaza. Thank you. David Dixon Palm Springs David Dixon [email protected] daviddixondesign.tumblr.com 760-567-0992 1 135 --~-~---~------ Cindy Berardi From: [email protected] Sent: Thursday, April 09, 2015 4:47 PM To: CityCierk Subject: Aberdeen Dear Palm Springs City Council, Please preserve Hugh Kaptur's Tahquitz Plaza ar>d do not approve the over dense Aberdeen project />:3 a part time (future full time) resident of Palm Springs I realize how important it is to preserve the architecture that makes Palm Springs unique. I am not anti-development I am pro thoughtful, respectful development. Thank you, John Carlisle 2087 S Toledo Ave Palm Springs, CA 92264 310.403.1403 1 136 Cincly Berardi From: Peter M. Taub Dear Sir, I am writing to express deep concern about the proposed redevelopment of Tahquitz Plaza in tot he adjacent Aberdeen project. As a Palm Springs homeowner, I invested in Palm Springs because of its Architectural legacy. To see a project by notable architect Hugh Kaptur demolished to create a nonsensical vision is a gross injustice and serves nE>ither the preservation of the past nor the devE>Iopment for the further. The project is just wrong on many levels. Most importantly, because Palm Springs will loose so much more than it will gain. It will loose Architectural integrity. It will loose a uniform vision. It will jose a culturaiiE>gacy. And what will we gain, another mediocre project doomed to fail. Warmest regards, Peter Peter M. Taub 1138 East Cactus Road Palm Springs CA 92264 1 137 ITEM 1C April 15, 2015 (continued off-calendar) Judy Deertrack 1333 South Belardo Road, Apt 510 Palm Springs, CA 92264 Monday, April 27 2015 To the Honorable Members of the Palm Springs City Council City of Palm Springs, California 1.C. 0 & M HR, LLC (NEXUS DEVELOPMENT CORP.) APPEALING THE MARCH 25, 2015, DECISION OF THE PLANNING COMMISSION TO DENY DEMOLITION OF EXISTING DEVELOPMENT AND PARKING AREA TO CONSTRUCT "ABERDEEN," A MIXED-USE PROJECT CONSISTING OF 74 ATTACHED AND DETACHED RESIDENTIAL DWELLINGS, 17 LIVE-WORK UNITS AND APPROXIMATELY 1,568- SQUARE FEET OF RETAIL ON 8.05- ACRES LOCATED AT THE NORTHEAST CORNER OF TAHQUITZ CANYON WAY AND CALLE EL SEGUNDO AND MAKE A CEQA DETERMINATION (ZONE REO AND CU) (CASE NOS. 5.1361 PD-375, CUP, 3.3820 MAJ AND TTM 36876). RECOMMENDATION: 1) Open the public hearing and receive public testimony; 2) Make a determination on the appeal; and 3) If upheld consider a resolution with conditions of approval and an ordinance for the project. To Whom It May Concern: I urge the City Council to (1) deny the appeal of Nexus Development Corporation for lack of proper grounds for appeal because the Planning Commission was acting properly within its scope of authority, and its determination was supported by the facts; (2) deny the request for demolition permit because it is premature to issue a demolition permit before approval of the project entitlements and before certification of the environmental determination on the project as a whole [citing Orinda Assn. v. Bd. Superv. 182 Cal. App. 3d 1145]; (3) void the Resolution to Overturn the Denial Decision of the Planning Commission on PD-375 and CUP 3.3820 MAJ on grounds that the Section 14 Specific Plan [reference Table 6-1 Allowable Land Uses at page 6-2] does not authorize the use of a POD [Ord. 94.03.00] to implement land entitlements in the Specific Plan area - it limits permit implementation to land use permits (LUP), conditional use permits (CUP), and tract maps (TTM); (4) void the Resolution to Overturn the Denial Decision of the Planning Commission on PD-375, because a Planned Development District (POD) is in lieu of a zone change -- an absolute redundancy, because a legislated Specific Plan is the rezone of the area, and land use 138 2 permits (quasi-judicial) implement the Specific Plan. If a rezone occurs subsequent to adoption of a Specific Plan, it would be through amendment of the Specific Plan. A land use ordinance [Ord. 94.03.00] cannot rezone the legislated Specific Plan because of the planning hierarchies set by the State of California; (5) void the Resolution to Overturn the Denial Decision of the Planning Commission on TTM 36876 under the grounds the project is substantially In conflict with the City's General Plan and Specific Plan, which require two-acre minimum lots in the High-Density Residential (HDR) classification at issue. Charter Cities are subject to consistency requirements contained within the State Subdivision statutes. Zoning inconsistency can be raised at the time of approval of the tentative tract map (City of Del Mar v. City of San Diego (1982) 133 CA3d 401 at 414 ); (6) make the required findings that the project, as currently designed, cannot be properly mitigated and initiate an Environmental Impact Report (EIR) because there is substantial evidence on the record that the Hugh Kaptur buildings are 'historically significant" and demolishing those buildings creates a "significant effect upon the environment." [CEQA 21 084.1], and further, imposition of development standards with greater mass, density, use, or height, in violation of applicable land use regulations, constitute "significant environmental impacts" that cannot be mitigated. (Orinda Assn. v. Board of Superv. 182 Ca1App3d, 1145, at 1168) LAND USE ANALYSIS OF THE CITY COUNCIL STAFF REPORT dated April 15 2015: Referencing the City Council Staff Report dated April 15 2015 I PDD375; CUP 3.3820; Maj & TTM 36876 Aberdeen Appeal from the March 25, 2015, decision of the Planning Commission to Deny Demolition of existing development and parking area to construct "Ab erd een, .... " 1. The project description in the posted Notice and Agenda is impermissibly vague under the Brown Act, because its wording gives notice of an appeal from a denial of a demolition permit, but does not reference the POD, CUP, Architectural Permit, and/or Tract Map, to give requisite notice to the general public that the actual permits are under review by the City Council, and subject to final approval. 2. At page 002 of the Staff Report, the 1,568-square feet of new commercial space is not properly designated as a general-use shell building -- if that is what it is, nor is it coordinated with Table 6-1 Allowable Land Uses (Pages 6-2 through 6-4 of the Section 14 Specific Plan) to determine which permit type is applicable, since the permit type is by assigned "use." Accordingly, findings are problematic on whether the project conforms to the General Plan or Specific Plan. 3. At page 002 of the Staff Report, the 13 detached dwellings with associated commercial space (live-work lofts) fronting Tahquitz Canyon Way are inconsistent with the Section 14 Specific Plan. Although live-work units are allowed in REO, these units front Tahquitz Canyon Way. It is clear from Chapter 4.1.2 Land Use Plan (Page 4-4) of the Specific Plan that Tahquitz Canyon Way (REO) intended to emphasize a pedestrian-transit focus, "with a concentration of large-scale 139 3 specialty retail, restaurant, entertainment, and office development" - and the live-work units do not conform to that description or design, even if they are classified as "commercial." 4. At page 002 and 004 of the Staff Report, the 73 attached and detached residential units (11.3 dulac) do not conform to the requirements of either the City's General Plan High-Density Residential (HDR) Land Use Classification (at Page 2-5), which expressly sets both an upper and a lower threshold (15.1 - 30 dulac) to distinguish HDR from medium and low-density housing; nor do the 73 units conform to the Section 14 Specific Plan at Chapter 4.1.2 Land Use Plan (Page 4-6), which encourages multi-family residential development up to 30 dwelling units per acre; nor do the units conform to Table 6-1 Allowable Land Uses (Page 6-4) which prohibits single-family residential (SFR) within the REO and RA Specific Plan land use classifications, applicable to this proposed Project; nor do the units conform to PSZO 92.04.02 subsection (C) - (R-4) development standards, which explicitly apply to the Specific Plan RA zone, and prohibit single family residential. Nothing in the language of the Specific Plan allows a substitution for multi-family residential. 5. At page 002 of the Staff Report, the tentative tract map (TTM) seeking to divide the roughly 8.05-acres into 93 numbered lots and 8 lettered lot streets, with common open space, may not conform to the Section 14 Specific Plan, Table 6-2 Commercial Development Standards (Page 6-8) that requires a minimum of two (2) gross acres for REO commercial uses. The staff report does not indicate the lot size for the combined commercial building (1 ,568 sf) and 13 detached dwellings. This lot size issue is exacerbated when considering that the High-Rise Ordinance setback ratio of 1:1 applies with commercial buildings to protect nearby residential -- one foot horizontal setback from any residential district for every vertical foot (Table 6-2 Commercial Development Standards at page 6-8). Are the adjoining 74 SFR units the adjoining district? It would appear so, but has the 1:1 ratio been applied to the setbacks? The staff report does not indicate. Live-work units are also residential buildings- the very object of protection. 6. Nor does the tentative tract map (TTM) comply with Table 6-3 Residential Development Standards (Page 6-9) that requires the use of PSZO 94.05.03 Development Standards (R-4) for High-Density Residential, with its attendant minimum lot size of two (2) gross acres per lot. The City has no Charter City exemption from the Subdivision Laws of the State of California, and must find that its tentative tract maps are consistent not only with its General Plan, but also with the Specific Plan. 7. At page 005 of the Staff Report, the City claims it is excused from the SFR prohibition because "The proposed small-lot residential use is similar to multi family residential (MFR) due to a majority of units being attached and density." Nothing in the Specific Plan or ordinances allow a "like-kind" substitution, but even if they did, the math applies, and 93 numbered lots (8 lettered) on 8 acres 140 4 clearly does not translate into a majority of these units being attached (two families per lot). 8. At page 005 of the Staff Report, the SFR residences are (oddly) classified as Multi-Family Residential (MFR) and proposed at 33-45 feet (3-4 stories), when the Section 14 Specific Plan Land Use Regulations and Development Standards in Chapter 6, Table 6-3 Residential Development Standards (Page 6-9) specify a height limitation of 35 feet. The City cannot make a finding that the proposed residential project conforms to the Section 14 Specific Plan. 9. At page 005 and 006 of the Staff Report, the individual residential lot area of 2,563- 4,813 square feet, and the attendant reduced lot dimensions (setbacks, etc), do not conform (as noted above), with the Specific Plan and PSZO 92.05.03 Development Standards (R-4) requirement of two (2) gross acres per lot with larger setbacks and more opportunity for clustering. All of this "squeezing of standards" ultimately affects open space, parking, view shed protection, and other environmental factors, and is improperly handled through a Mitigated Negative Declaration (MND) rather than Environmental Impact Report, even though the effect of violating the General Plan standards can rightly be assessed as an environmental factor itself (Orinda Assn. v. Board of Superv. 182 Ca1App3d, 1145, at 1168). 10. At page 006 of the Staff Report, the Live-Work Residential Units are proposed at a building height of 46 feet, in possible violation of the Section 14 Specific Plan Table 6-3 Residential Development Standards (Page 6-9) that limit residential structures to 35 feet, even though it is arguable the height limit should be the commercial standard because Live-Work Units are placed in Table 6-1 Allowable Land Uses - Commercial (Page 6-2) as a commercial use. One problem is ambiguity on how to classify the use for purposes of regulation. A second problem is the potentially inconsistent Specific Plan standards that create a 1:1 setback for commercial buildings when they abut residential. But these commercial units are residential, so how is the High-Rise provision to be resolved at Table 6-2 Commercial Development Standards - Setbacks for High Rise Buildings (Page 6-8)? 11. The City appears to use the "flexibility" standards of its Planned Development District (POD) to override the Specific Plan limitations. However, the Specific Plan is internally very explicit at Chapter 1.6.1 Authority (Relationship to the General Plan and Zoning) (Page 1-8), that "In short, Specific Plan regulations supersede other City regulations." Therefore, the City cannot support a finding that the POD PSZO 94.03.00 can be used to bypass the Specific Plan standards, particularly when the Specific Plan, by its very definition, is a rezone action itself. The greatest concern with the City's proposed actions is the perpetual conclusion that a POD can trump all other planning mechanisms and create an unlimited, unbounded discretion in the City on an ad-hoc basis. In other words, the City has no true planning standards, since it is not following a legislated scheme, nor is it conforming its ordinances to the long-range planning goals of the General Plan. 141 5 What distinguishes a variance and a POD? The City is not exempt from variance standards as a Charter City, because it adopted state variance standards in its Municipal Code. So, if the variance is a state protection that prevents a landowner from claiming special exemption from standards that others must follow within the same district, how is the City able to justify-- 750 Lofts, and Orchid Tree Inn, and Aberdeen, and even Hacienda Cantina and Dakota -- where an entire built-out district is operating within constraints, but new development (and the new owner) is gaining unfair advantage by either tripling a floor-area ratio, or changing housing types to squeeze in more units, or building to bold new heights and mass, unlike the neighbors. Variances from the strict application of the zoning ordinance shall be granted only when special circumstances indicate an owner is deprived of the equal privileges enjoyed by his neighbors. POD's are used to grant relief from rigid zoning schemes, but they are not designed for wholesale abandonment of planning standards. Even Specific Plans, which rezone significant areas, require close scrutiny to ensure an appropriate "fit" and conformity with their surroundings. This is far different than developer privilege to gain a use of property not allowed to others in the area. Another vulnerability is compliance with policies, plans, and procedures of the City's legislated General Plan and Specific Plans. The City has not claimed to date that the General Plan is only an advisory document, with no real obligation to follow its legislative provisions - because this would be disturbing to the many folks who attend the vision sessions, and it would be politically unpopular. But at the same time, the City has broken profoundly from those obligations, not only in this case, but in others as well. I do feel the City needs to be forthright on how far and how often it intends to break from the original commitments. If the zoning ordinances are so completely outdated that they are virtually never used, and the POD is the substitute (and has no constraints to speak of), then at what point are we going to measure how wide the gap has become? ENVIRONMENTAL ANALYSIS OF THE CITY COUNCIL STAFF REPORT dated April15 2015: 1. Under Aesthetics, at page 280 of the Staff Report (pp 11-12 MND), the MND claims to have mitigated aesthetic impacts. This is not tenable without an Environmental Impact Report that would measure the project should the City follow the intent of the Specific Plan, and build Multi-Family Residential, which is clustered, and which allows much more generous open space areas, rather than 46-foot high SFR in a possible sprawl pattern. The Specific Plan allows that SFR should be built under the R-1-D zone, which indicates the units are normally one story. There are no comparison charts where one can look at the dwelling size, minimum lot area, or spread of houses with heights to even determine whether 142 6 there is a comparative sprawl pattern occurring, or whether this "adaptive" (and non-conforming!) residential land use proposed is more efficient than what would have happened if the City followed its legislated specific plan. Also, consider adaptive reuse of the historic buildings, which are an aesthetic treasure, rather than looking at 3-4 story live-work units that aren't even supposed to be built on the Tahquitz Corridor, and have no historic component. This has not been mitigated. Mitigation Measure (MM 1-1) at page 281 states that site plans shall be revised to address inconsistencies with the standards and design requirements, which is an inappropriate deferral of changes after the environmental review is completed. 2. Under Cultural Resources at page 293 of the Staff Report (pg 24 MND), the City concludes that there is No Impact that would cause a substantial adverse change in the significance of an historic resource, despite its proposal to demolish the treasured Hugh Kaptur building, with strong expert testimony on record and high public controversy. The finding is inappropriate and disrespectful to the community. This is not a "1976 Vintage Office." The information on record from the state of California and other experts should fairly and appropriately be incorporated into this discussion. At the least, the failure to follow the advice of the Committees and Commissions on this issue calls for an Environmental Impact Report, because it is clear the City has not mitigated or considered reasonable alternatives. There is also abundant legal evidence on the record that the absence of a local listing does not disqualify this building from historicity; nor does the fact it was constructed subsequent to 1969. 3. Under Land Use and Planning at page 306 of the Staff Report (page 37 MND), I find the conclusion disturbing that there is no conflict with any applicable land use plan, policy, or regulation, when the Specific Plan prohibits single-family residential in the REO-RA zone, and this is being ignored. The findings state, "The proposed project is therefore consistent with the Master Plan." There is no Master Plan, there is a Specific Plan, and the staff report itself, throughout, openly admits the standards are violated. A Planned Development District (PDD) has no statutory authority to waive the provisions of a General Plan or a Specific Plan, and the City is well aware of this. 4. Under Population and housing at page 311 (pg 42 MND), the City concludes that there are no significant housing impacts. An Environmental Impact Study would be a good start to assess the effect of abolishing the minimum threshold for residential uses, and thus obscuring the difference between low-density, medium density, and high-density residential, particularly given the correlation between MFR and affordable housing. The City has, through a long series of projects, consistently replaced MFR with SFR. It is time to start looking at this as an inappropriate distortion of the Regional Housing Needs Assessment, which assigns minimum densities to certain areas, in order to assure long-term diversified housing stock. 5. Under Transportation I Traffic at page 315 of the Staff Report (pg 46 MND), the Initial Study states, ""Project access from Calle Alvarado is yet to be determined. 14J 7 The final design for Calle Alvarado is yet to be approved ..... " with three possible alternatives, all approved under the Specific Plan. An environmental review does not look at a range of possibility, it looks at the project description, and accordingly determines impacts. The project transportation design cannot be inappropriately deferred. Thank you for your kind consideration of my comments. Judy Deertrack 144 "" ~j" PALM SPRINGS ~E.~H~t.s~;;,, ., PRESERVATION'" 6. 16 1 , F 0 U N D AT I Oiltfi JUL -6 PK ' July 6, 2015 Members of the City Council City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Subject: O&M HR, LLC Appeal of Historic Site Preservation Board (HSPB) Actions of June 9, 2015 related to HSPB Case #97- Tahquitz Plaza Dear Council Members, You will soon review the O&M HR, LLC (whose address is c/o Nexus Companies and is hereinafter referred to as "O&M") appeal of the HSPB actions taken at the Board's June 9, 2015 meeting, Those unanimous HSPB actions included a 120-day stay of demolition of Tahquitz Plaza and the initiation of an investigation and study into the historic merits of Tahquitz Plaza. If you uphold the O&M appeal, the City Council will allow for the immediate demolition of this important and award-winning historical resource. In August of 2007, the City of Palm Springs adopted a "mitigated negative declaration" (MND) analysis in conjunction with the proposed Hard Rock Hotel. That hotel, of course, was never built and the MND analysis is now grossly outdated. O&M cites that analysis as evidence that Tahquitz Plaza is not historically important. PSPF respectfully suggests that since 2007, the City has made tremendous progress in identifying and protecting its historic resources. O&M further argues that the HSPB should not process the Class 1 historic site nomination for Tahquitz Plaza because the complex was built in the 1970's and is therefore not covered by the historic resources survey currently being conducted by the Historic Resources Group. Limiting the scope of the survey to "pre-1969" buildings was an error made in the Request for Proposal #16-14 for the survey. PSPF sent a letter to the city on June 15, 2015 pointing out this error (attachment (1)). The seven criteria in Palm Springs Municipal Code Chapter 8.05 for historic designation do not include the age of buildings as a qualifying factor. Further, post-1968 properties in Palm Springs have already been designated as Class I historic sites by the City Council (e.g., the 1976 Palm Springs Art Museum) and others have been included in previous surveys (e.g., the 1979 Bob Hope Residence). 1775 East Palm Canyon Drive, Suite 110-195, Palm Springs, C A 92264 (760) 83 7-7117 • [email protected] • \\w~:.psprcscrvationfoundation.org 145 O&M also cites "prior historical studies ... most recently, earlier this year" as having concluded Tahquitz Plaza is not a historic resource. PSPF is unaware of any "recent" studies. O&M has conveniently ignored the testimony of many experts who have already spoken and written on behalf of the architectural importance of Tahquitz Plaza, including the California Office of Historic Preservation. Notably, O&M has not engaged a qualified expert in architecture or historic architecture to evaluate the merits of its own property. We are providing you with the Class 1 historic site nomination for Tahquitz Plaza that was recently prepared by PSPF (attachment (2)). This Class I nomination for Tahquitz Plaza is the information which O&M is attempting to prevent the HSPB from evaluating. We believe that is because the nomination will lead the HSPB to the inescapable conclusion that Tahquitz Plaza is one ofKaptur's most important designs and is a valuable historic resource. In view of the burgeoning appreciation of the work of architect Hugh Kaptur (Kaptur was presented with a star on the Palm Springs Walk of Stars during Modernism Week 2014), it would be unconscionable of the City Council to condone the demolition of Tahquitz Plaza before an evaluation of its historic merit by the HSPB. It is critical that the City Council uphold the HSPB's 120-day stay of demolition and allow the Board to do its job by acting upon the nomination of Tahquitz Plaza for Class 1 historic site status. Please contact PSPF at (760) 837-7117 or [email protected] if you have any questions. Sincerely, Erik Rosenow President Attachment: ( 1) PSPF letter of June 15, 2015 to the Director of Planning Services (2) Class I Historic Site Nomination for Tahquitz Plaza Copy to: Palm Springs Modem Committee (Chris Menrad) Desert Sun (Skip Descant) 2 146 Attachment 1 147 · jPALM SPRINGS f, ~T PRESERVATION J..lil"" F 0 U N D AT I 0 N June 15,2015 Mr. Flinn Fagg, AICP Director of Planning Services, City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. F agg, We would like to point out an oversight that occurred in the framing of RFP #16-14, specifically the direction to the prospective contractor to "provide the City ... with a complete citywide historic resources survey and update of structures built in the city through 1968 ... " (emphasis added). During the June 2015 Historic Site Preservation Board (HSPB) meeting this error served to reinforce a misconception that there are no structures in Palm Springs built after 1968 that are important. This is not the case since the city has previously designated as Class I Historic Sites the Palm Springs Art Museum (1976) and the El Mirador Tower (a 1991 reconstruction). Apparently, the relatively new Class 3 Historic Site definition was the inspiration for this error. As you know, ''pre-1969" structure (and until recently "pre-1945" structure) imposes a highly subjective cut-off date that prompts HSPB review only in the context of proposed demolitions. The age of a structure has no bearing on the substantive criteria for "historicity" as described in the Palm Springs Municipal Code in paragraphs 8.05.020(a)(l) through (7). It may be of interest to you that even the city's 2004 Historic Resources Survey (now more than a decade old) includes several historic resources built after 1968 (e.g., the 1979 Bob Hope Residence). As a practical matter, any "windshield inventory" (a typical technique used in historic resources surveys) would be hard-pressed to determine if many structures were built "through 1968" or after. We recognize that this contract oversight occurred under the previous Director of Planning Services. However, in the interests of completing a comprehensive historic resources survey, we would ask that the city either amend the terms of the contract with Historic Resources Group to include all structures that meet the substantive criteria ofPSMC chapter 8.05 or develop a staff-resourced "work around" so that post-1968 historic structures can be included in the final historic resources survey. We ask that you please provide a copy of our letter to the members of the HSPB. If you have any questions, please contact the foundation at (760) 837-7117. Sincerely, Erik Rosenow President 1775 East Palm Canyon Drive, Suite II 0-195, Palm Springs, CA 92264 (760) 837-7117 • [email protected] • www.pspreservationfoundation.org 148 Attachment 2 150 Acknowledgements The authors would like to thank the following individuals for their assistance in preparing this nomination: Hugh Kaptur Frank Lopez Sidney Williams Jeri Vogelsang Susan Secoy Jensen Jim Harlan Vince Williams Gary Johns Ron Duby Tahquitz Plaza CLASS 1 HISTORIC SITE NOMINATION- TABLE of CONTENTS INTRODUCTION: PAGE 2 EXECUTIVE SUMMARY: PAGE 3 CLASS 1 HISTORIC SITE DESIGNATION APPLICATION FORM: PAGE 4 STATEMENT OF SIGNIFICANCE: PAGE 8 EVALUATION for CLASS 1 SITE DESIGNATION: PAGE 24 INTEGRITY ANALYSIS: 27 APPENDICES I Letter of Owner Support (Not Included) II Grant Deeds (includes Legal Description) Ill Assessor's Map & Property Information IV Photographic Documentation of Buildings and Site V Miscellaneous Historical Photographs & Ephemera (Cover architectural rendering courtesy Palm Springs Art Museum) HSPB 151 01.06.15 INTRODUCTION The Palm Springs Preservation Foundation (PSPF) is a non-profit organization whose mission is "to educate and promote public awareness of the importance of preserving the historical resources and architecture of the city of Palm Springs and the Coachella Valley area." In early 2015 the PSPF board of directors assigned the task of writing the Class 1 Historic Site nomination of Tahquitz Plaza to board members Ron and Barbara Marshall. Architect Hugh Kaptur poses in front of his Palm Springs Golf Course Clubhouse (1967) another notable local example of his organic, pueblo-inspired modernist architecture (Courtesy Jim Schnepf) HSPB 152 01.06.15 2 EXECUTIVE SUMMARY SIGNIFICANCE: Tahquitz Plaza was designed in two stages by the architectural firm of Kaptur-Lapham & Associates in 1974 (i.e., Tahquitz Plaza I at 600 and 650 East Tahquitz Canyon Way) and by Hugh M. Kaptur, A.I.A. in 1977 (i.e., Tahquitz Plaza II at 700 and 750 East Tahquitz Canyon Way). As an important and largely intact example of a desert modernist commercial structure, the complex exhibits numerous stylistic markers that place it in the historic context of Palm Springs' modern period. DESIGNATION CRITERIA: Tahquitz Plaza has not previously been evaluated for Class 1 Historic Site eligibility. However, Tahquitz Plaza was recommended by PSPF to Historic Resources Group (HRG), LLC, a firm contracted by the city of Palm Springs to conduct an historic resources survey. The HRG survey is expected to be completed later in 2015. A brief summary of the evaluation contained in this nomination is as follows: 8.05.020 (a) paragraph 1 - Events: This criterion recognizes properties associated with events or patterns of events or historic trends. In this nomination, the applicable "pattern of events" is the gradual rise of Palm Springs' prominence in midcentury architectural excellence. Tahquitz Plaza is an outstanding example of commercial design and the construction of buildings within the context of midcentury desert modernism. The nominated commercial complex is associated with this pattern of events for its ability to exemplify the modern period of the national, state and local history. Tahquitz Plaza is associated with this pattern of events, and is associated as well with Criterion 3 for its ability to exemplify a particular period of the national, state or local history. Therefore, Tahquitz Plaza qualifies for listing as a Class 1 Historic Site under Criterion 1. 8.05.020 (a) paragraphs 3. 4 & 5 - Design/Construction: Tahquitz Plaza is eligible under the theme of Modern architecture because it possesses numerous distinctive characteristics that make up the modernist style, including modulated horizontality, large geometric volumes, expressed structure, expansive amounts of glass, use of inexpensive man-made materials, solar control, etc. Additionally, the work of architect Hugh Kaptur must be catalogued as the work of a "Master" architect because of his record of architectural excellence. Therefore. for its distinctive characteristics. as the work of a Master. and for its high artistic values. Tahquitz Plaza qualifies as a Class 1 Historic Site under Criteria 3. 4 & 5. SUMMARY: This evaluation finds Tahquitz Plaza eligible for listing as a Palm Springs Historic Site under 8.05.020 (a) paragraphs 1, 3, 4 & 5 of the local ordinance's seven criteria. Additionally, Tahquitz Plaza retains a very high degree of architectural integrity. (Note: The authors recognize that the city of Palm Springs has traditionally not accepted the above mentioned rationale for criterion 1, i.e., PSMC 8.05.020 (a) paragraph 1. However, that criterion is cited here for consistency with past nominations submitted by PSPF). HSPB !53 01.06.15 3 CITY OF PALM SPRINGS Department of Planning Services 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 Telephone: 760-323-8245 Fax: 760-322-8360 HISTORIC SITE DESIGNATION The City of Palm Springs allows for the local designation of historic buildings, sites or districts within the City (Section 8.05 of the Palm Springs Municipal Code.) This application packet is to be completed in order to request a historic designation. For additional information, please contact the Department of Planning Services at 760-323- 8245 or [email protected]. APPLICATION The completed application and required materials may 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. A case planner will be assigned to the project and will be responsible for a detailed review of the application and all exhibits to ensure that all required information is adequate and accurate. Incomplete applications due to missing or inadequate information will not be accepted for filing. Applicants may be asked to attend scheduled meetings pertaining to their project. These will include the Historic Site Preservation Board (HSPB) and the City Council. HISTORIC SITE PRESERVATION BOARP IHSPBl 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. Notice will be provided as indicated below. CITI 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. NOTIFICATION Prior to consideration of the application by the HSPB and the City Council, a notice of public hearing for a Historic Site Designation request will be mailed to all property owners within 400 feet of the subject property a minimum of ten (10) days prior to the hearing dates. HSPB 154 01.06.15 4 Office Use Only Date: Case No. HSPB No. Planner: CITY OF PALM SPRINGS Department of Planning Services HISTORIC SITE DESIGNATION APPLICATION 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. This form is to be used to nominate individual properties for Class 1 or 2 historic designations, or to nominate the formation of historic districts. Applicants are encouraged to review two bulletins from the US Department of Interior for additional information: • "How to Complete the National Register of Historic Places Registration Form" (National Register Bulletin 16A I http://www.nps.gov/history/nr/publications/bulletins/nrb16a/); and • "How to Apply the National Register Criteria for Evaluation" (National Register Bulletin 15; http://www.nps.gov/history/nr/publications/bulletins/nrb15/). Complete each item by marking "x" 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. Property Information Historic name: Tahquitz Plaza Other names: Also referred to individually as "Tahquitz Plaza I" (600 and 650 East Tahquitz Canyon Way) and "Tahquitz Plaza II" (700 and 750 East Tahquitz Canyon Way) and in later years informally referred to locally as the "Anderson Travel Buildings" Address: 600, 650, 700, 750 East Tahquitz Canyon Way, Palm Springs, CA 92262 Assessor Parcel Number(s): 508-055-003 and 508-055-006 Owner's Name: O&M HR, LLC Owner's Address: Nexus Development Corporation, 1 MacArthur Place, Suite 300 City: Santa Ana State: CA Zip: 92707 Telephone: (714) 546-5600 Fax number: (714) 546-5660 E-mail address: Not available 155 HSPB 01.06.15 5 2. Classifications Ownership of Property. Fill as many boxes as apply. • Private o Public- Local o Public- State o Public- Federal Category of Property. Fill only one box. • Building (Note can include site) o District o Site (Exclusive of Structures) o Structure o Object Number of Resources within Property. TOTAL must include at least One (1) in Contributing Column. Contributing Non-contributing 2 Buildings (Note: Two (not four) buildings are cited due to substantial shared structural elements) Sites Structures Objects 2 Total If the building or site is part of a larger group of properties, enter the name of the multiple-property group: Tahquitz Plaza is submitted as a Class 1 site (versus a two-building Historic District) due to current single ownership, near contemporaneous construction (1974 & 1977) and integrated design by the same architect. 3. Use or Function Historic Use or Function: Commercial Business Current Use or Function: Commercial Business 4. Description Architect: Hugh M. Kaptur Construction Date and Source: 1974 (Tahquitz Plaza I) and 1977 (Tahquitz Plaza II). Multiple building permits and Certificates of Occupancy. Architectural Classification: Modernist- Desert Regional Variation Construction Materials: Foundation: Concrete slab on grade Roof: Concrete tiles and composition Walls: Frame wood construction covered Other: with stucco, board & ceramic tile Building Description: Attach a description of the Building/Site/District, including all character defining features, on one or more additional sheets. (See pages 14-19) 156 HSPB 01.06.15 6 5. Criteria (Fill all boxes that apply for the criteria qualifying the property for listing.) Events • (1) Fill this box if the property is associated with events that have made a significant contribution to the broad patterns of our history. Persons D (2) Fill this box if the property is associated with the lives of persons significant in our past. Architecture • (3) Fill this box if the property reflects or exemplifies a particular period of national, State or local history, or • (4) Fill this box if the property embodies the distinctive characteristics of a type, period, or method of construction, or • (5) Fill this box if the property represents the work of a master, or possesses high artistic values, or D (6) Fill this box if the property represents a significant and distinguishable entity whose components lack individual distinction. Archeology D (7) Fill this box if the property has yielded, or is likely to yield information important in prehistory or history. Other Criteria Considerations (Check all the boxes that apply.) D the property is owned by a religious institution or used for religious purposes D the property has been removed from its original location. D the property is a birthplace D the property is a grave or cemetery. D the property is a reconstructed building, object, or structure D the property is commemorative • the property is less than 50 years of age or has achieved significance within the past 50 years HSPB 157 01.06.15 7 6. Statement of Significance Summary The award-winning Tahquitz Plaza commercial complex was designed and built in two stages. "Tahquitz Plaza I" (located at 600 and 650 East Tahquitz Canyon Way) was designed by the Palm Springs-based architectural firm of Kaptur-Lapham & Associates and erected in 1974. "Tahquitz Plaza II" (located at 700 and 750 East Tahquitz Canyon Way) was designed by Hugh M. Kaptur, A.I.A. and erected in 1977. It should be noted that the incorrect date "1 971 " has frequently (and incorrectly) been cited for the construction date of Tahquitz Plaza primarily due to its appearance in earlier sources. Additionally, the historic address at the time of construction was on East Tahquitz McCallum Way (later renamed East Tahquitz Canyon Way). In 1979 Tahquitz Plaza won a Palm Springs Chamber of Commerce "Golden Palm Award." Although the 600 East Tahquitz-McCallum Way address is cited on the award, by 1979 both Tahquitz I and Tahquitz II had been constructed so it is reasonable to assume that the entire complex was being recognized . In 1980 Kaptur again received a "Golden Palm Award" for the Curtis-Keiley Professional Building at 1900 East Tahquitz McCallum Way (developed by Ron Fragen and is often referred to as the "Fragen Building"). The 1979 and 1980 Golden Palm Awards. The citation on the 1979 award (left) reads: TAHQUITZ PLAZA 600 E. TAHQUITZ-McCALLUM WAY HUGH KAPTUR, ARCHITECT The citation on the 1980 award for the nearby Curtis-Kelley Professional Building (right) reads: PROFESSIONAL OFFICE BUILDING HUGH KAPTUR, ARCHITECT 15 8 HSPB 01.06.15 8 The Architect One of five children, Hugh Michael Kaptur was born on May 22, 1931 in Detroit, Michigan. His father Vincent was a design engineer for General Motors Styling. Kaptur along with his brothers and sisters followed in their father's tradition and all ended up as artists and engineers. As a child Kaptur was always building things, mostly model airplanes, and his mother told him he would be the architect in the family. With this encouragement he started taking architectural-related classes in high school. Upon graduating from high school in June of 1949 he entered college at Lawrence Institute of Technology (now Lawrence Technological University). This April1956 newspaper photo shows a young Kaptur {left) receiving an award at the "1957 Builders Show Idea Home" architectural competition which included 53 submissions from architectural students at six Michigan colleges. The top ten prizes were awarded to students from the Cranbrook Academy of Art and the Lawrence Institute of Technology. Facing the military draft, Kaptur joined the United States Marine Corps in February of 1951 and was soon stationed at Camp Pendleton in California. It was during this time that he met his first wife Rosemarie Hutton. Rosemarie's parents were in the real estate business and were considering building a new office building. With his interest in architecture they asked Kaptur to design their building. This was his first project and was built in 1953. Hugh and Rosemarie were married on May 30, 1953 in San Clemente. A month later he was transferred overseas, first to Hawaii then to Japan and finally Korea. With the signing of the Korean armistice he was transferred back to California and honorably discharged in February of 1954. After his discharge Kaptur obtained his real estate license and went to work for his in laws. Feeling he was destined for a better career, he returned to Detroit and went to work for General Motors Styling in the Exhibit Design department. This department had many tasks including designing Frigidaire appliances, Waldorf show interiors and doing graphic design for products. GM Styling was moving into the new Eero Saarinen designed Tech Center in Warren, Michigan and Kaptur worked on the studio equipment layouts and the other design and drafting tasks this multi-faceted studio performed. HSPB 15 9 01.06.15 9 While working days, Kaptur went back to night school at Lawrence Institute of Technology to continue his education in architectural engineering. At the urging of his wife, who wanted to be closer to her family, Kaptur moved to Palm Springs in September 1956 where he briefly apprenticed with the architectural firm of Wexler & Harrison. Gifted as a delineator, Kaptur created many renderings of Wexler & Harrison's schools and residences. In 1966 Kaptur became a licensed California architect. Summary of Kaptur's architectural practice partnerships: 1957-1964 Hugh Kaptur, AIBD 1964-1967 Ricciardi & Kaptur 1967-1976 Kaptur & Lapham (starting in 1972 did business as Kaptur-Lapham & Associates) 1976-1982 Hugh M. Kaptur 1982-1992 Kaptur & Cioffi 1992- Present Hugh M. Kaptur (in "semi-retirement") During his professional career Kaptur contributed considerable volunteer time to the city and was a member of the city of Palm Springs' Architectural Advisory Committee for "1 0 years" and served on the Planning Commission "for eight years." On October 12, 1972 the Desert Sun newspaper reported that Kaptur had been appointed to a newly created The caption of this photograph in the October 27, 1972 edition of the Desert Sun newspaper reads (in part), "DESERT DORADO-Architects Hugh Kaptur (seated) and Larry Lapham (left) discuss rendering of single-family Desert Dorado home with Bill Bachwick. Lapham and Bachwick are principals with Philip E. Crystal in LBC Enterprises, developers of Desert Dorado at Sunrise and Alejo .... " seven-member "Environmental Impact Committee" by the mayor of Palm Springs. The committee was created to "deal with major projects that might need an Environmental Impact Report." The seven-member committee included five city government HSPB 16 \1 01 .06.15 10 employees and "two men from outside city government, Jack Green, executive director of the Regional Anti-Pollution Authority, and Hugh Kaptur, well-known architect." Kaptur became a licensed pilot in 1965 and a commander and charter member of the Palm Spring Police Aero Squadron. This photograph appears in the March 24, 1972 edition of the Desert Sun newspaper. The caption reads (in part) " Fiesta Parade Flyers ... members of the Palm Springs Aero Squadron. Left to right: Lieutenant Hugh Kaptur.... " One of architect Hugh Kaptur's earliest Palm Springs commissions was the Impala Lodge (designed in 1957 and built in 1958) which still stands today at the corner of Random Drive and San Lorenzo Road. The "luxurious" nine-unit building featured "a lobby and family room framed in plate glass and steel reaching a height of 15 feet." The May 27, 1958 edition of the Desert Sun newspaper reported that the new building was an example of "Indian Modern" architecture. HSPB 161 01.06.15 11 In 2014, architect Hugh Kaptur's contributions to the Coachella Valley's built environment were recognized by the non-profit Modernism Week organization with a star on the Palm Springs Walk of Stars. In a February 2014 Palm Springs Life magazine article written by Morris Newman entitled "Modern Master," Modernism Week chairman Chris Mobley is quoted as follows: We are delighted to honor Hugh Kaptur during Modernism Week 2014 ... Mr. Kaptur is a visionary, and our community celebrates the significant role he played in the development of Palm Springs as a mecca for midcentury modern architecture. With more than 200 projects in the area, he represents a prolific and dynamic career. Many of his designs were considered among the most creative and innovative of the era. Abbreviated listing of Kaptur's architectural projects: Burgess Residence, Palisades Drive (1957) Impala Lodge, San Lorenzo & Random (1958) Indian Wells Country Club (1958) Leaver Residence, demolished (1958) Kaptur Residence, Belding Drive (1959) Strebe Residence I, S. Camino Monte (1959) Strebe Residence II, S. Camino Monte (1959) Russell Residence, Palisades Drive (1 960), today the Siva Residence Plaza Theatre Interior Remodel, S. Palm Canyon Drive (1961) Gillette Residence, Via Colusa (1961) The Inn at Bermuda Dunes, Adams Street and Baracoa Drive (1962) Kauai Apartments, S. Grenfall Road (1963) 521 Via Lola, a spec design for developer Thomas Griffing (1964) Griffing (spec) Residence, Southridge Drive (1964), known as the Steve McQueen Residence Fire Station #3, E. Racquet Club Road (1964) Palm Springs Golf Club Clubhouse (1959), now Tahquitz Creek Golf Resort CasaBlanca Motor Hotel, S. Palm Canyon Drive (1967), now Musicland Hotel Dalu Residence, Brentwood (1970) Theis Residence, Eldorado Country Club (c. 1970) Sun Villas, N. Saturnine Drive (c. 1970s) Fire Station #4, E. La VerneWay(1971) London Residence, Fern Canyon Drive (1972) Desert Dorado, N. Sunrise Way and E. Alejo Road (1972) Tahquitz Plaza, E. Tahquitz Canyon Way (1974 & 1977) Holden Residence, Southridge Drive (1977) Anderson Residence, Granvia Valmonte (1978) Curtis-Keiley Professional Building, E. Tahquitz Canyon Way (1979) Caballeros Plaza, E. Tahquitz Canyon Way (1979) Mazaheri Medical Building, E. Tahquitz Canyon Way (1980) Villa Caballeros, Avenida Caballeros (c. 1980s) Desert Flower Apartments, E. Palm Canyon Drive (1984) Seltzer Residence, W. Maricaibo Circle (1988) John's Restaurant, N. Palm Canyon Drive (1989) Sunplex Center, E. Tahquitz Canyon Way (1990) Big Bear Shores Clubhouse, Big Bear (1992) (Note: The foregoing listing of Kaptur's projects was derived from various secondary sources. The historical names, dates and addresses, while generally accurate, have not been verified through primary sources.) 162 HSPB 01.06.15 12 Local Architectural Context Although there were a small handful of significant modernist buildings erected prior to World War II, including the Kocher-Samson Building (1934, A. Lawrence Kocher & Albert Frey) and the Grace Lewis Miller Residence (1937, Richard Neutra), the city of Palm Springs saw a dramatic increase in commercial and residential modernist building after the war ended in 1945. These were designed by a variety of talented local and "outside" architects and designers including the Edgar J. Kaufmann Residence (1947, Richard Neutra), Frank Sinatra's Twin Palms Residence (1947, E. Stewart Williams), the Town & Desert Apartments (1947, Herbert Burns), the Town & Country Center (1948, A. Quincy Jones & Paul R. Williams) and the Dr. Hugh Stephens Residence (1949, Clark & Frey) to name just a few. This record of architectural excellence continued though the 1950s and 1960s with architect-designed modernist tract housing by Wexler & Harrison, Palmer & Krisel and Charles Dubois. Simultaneously, increasingly larger commercial and residential projects were being built including the award-winning J. W. Robinson Department Store Building (1958, Luckman & Pereira), the James Logan Abernathy Residence (1962, William Cody) and the Arthur Elrod Residence (1968, John Lautner). Also seen were a host of "lifestyle" condominium projects like Park Imperial South (1960, Barry A. Berkus), Royal Hawaiian Estates (1961, Wexler & Harrison), Country Club Estates (1965, Jones & Emmons) and Kings Point (1968, Palmer & Krisel). Placing Kaptur within this local architectural context, architectural historian Alan Hess observed (in a February 19, 2015 letter to Palm Springs Planning Commission) that " ... an extraordinary group of talented architects lived or worked in Palm Springs; and while they addressed the same problems they expressed a wide range of aesthetic solutions ... Hugh Kaptur's aesthetic is unique in Palm Springs, demonstrating the wide range of fertile innovation in the city." Today, the architecture of 1970s Palm Springs is only now starting to be appreciated. As such, Tahquitz Plaza should be viewed as a later, but important, component of the city's tradition of modernist architecture. Accordingly, architect Hugh Kaptur should likewise be viewed as an important figure in the history of Palm Springs' "built environment." Because Kaptur designed both commercial buildings and private residences, many residents and visitors have directly experienced Palm Springs' modernist architecture through his striking buildings. Site Description Location. Tahquitz Plaza is located on the north side of Tahquitz Canyon Way, a major city thoroughfare extending from the Palm Springs Airport to the city's downtown area. The complex is bounded by North Calle El Segundo to the west and North Calle Alvarado to the east. To the north is a large parcel that serves as a parking lot (informally referred to as the Prairie Schooner lot after the Prairie Schooner trailer court which previously occupied the site). 163 HSPB 01.06.15 13 Size. Tahquitz Plaza encompasses 3.35 acres (with Tahquitz Plaza I at 1.55 acres and Tahquitz Plaza II at 1.80 acres). Detailed property information can be found in Appendix Ill . Additional. The Tahquitz Plaza complex is elegantly sited and stretches unhurried along East Tahquitz Canyon Way taking full advantage of mountain views to the south and west. There is significant on-site parking. Plantings on the site range from various types of palm trees to low, decorative chuparosa and barrel cacti. A full legal description of the Tahquitz Plaza property is provided at Appendix II and the Assessor's Parcel map is provided at Appendix Ill. An aerial view of Tahquitz Plaza complex (oriented north). This aerial view also shows the "Prairie Schooner" parking lot to the north (only the 600 address is notated with 650, 700 and 750 addresses to the east). (Google Maps) The Architecture Tahquitz Plaza is a fascinating and important contribution to Palm Springs' renowned collection of commercial modernist architecture. Sometimes inexactly described as four buildings (due to the four separate addresses), Tahquitz Plaza is more properly described as a pair of buildings. Each of the two buildings, Tahquitz Plaza I (at 600 and 650 East Tahquitz Canyon Way) and Tahquitz Plaza II (at 700 and 750 East Tahquitz Canyon Way) consist (individually) of two large structures connected by substantial structural and design elements over breezeways. According to building permits, Tahquitz Plaza I encompasses approximately 16,000 square feet of office space with Tahquitz Plaza II also consisting of 16,000 square feet (for a total of 32,000 square feet). 164 HSPB 01.06.15 14 A vintage architectural rendering of Tahquitz Plaza I (see Appendix V for a larger view) (Courtesy Palm Springs Art Museum) While inarguably a modernist architect, over the decades Kaptur's architectural style has been described by various experts and observers as "organic," "Indian Modern," "Mexican modern," and "pueblo-influenced [modernist] architecture." However, regardless of the adjectives used, in the case of Tahquitz Plaza this styling is only an overlay superimposed over skillfully articulated modernist buildings. In a May 26, 2015 interview with the authors, architect Hugh Kaptur made the following observations about his architectural "style" in general and the architecture of the Tahquitz Plaza in particular: If I had my way I'd like to be able to call it "Hugh Kaptur-style" [smiling]. With the Tahquitz Plaza project, as with many of my projects, I tried to bring in mountain profiles so I might tend towards calling it natural or organic. Frankly, being confined to the modernist "square box" can get boring sometimes. I feel the architecture has to blend into the natural surround ings, the hillsides and so on. I was probably subtly influenced by my travels to Mexico, and Arizona, Hawaii and even Japan. Ancient peoples were obviously stuck with building with adobe bricks and that influences all architecture even up to tod ay. It might surprise people that I was even influenced by tropical as opposed to desert climes because I've always been fascinated with the interesting rooflines in early Polynesian and Hawaiian archi tecture where they had to deal with heavy rains ... hence the shapes seemed to become more organic. My early architecture in Palm Springs was certainly influenced by height limits .. . something I was not always happy about. With Tahquitz Plaza ... my partners in the project were a bunch of lawyers and they didn't really care what I was going to build, they just wanted nice office spaces. Most importantly though, I was not restricted by height lim its so I had an opportunity to be more expressive with rooflines. I got to "explode out of the (modernist) box" so to speak. That's why I say I was allowed great creativity with regard to Tahquitz Plaza I and later with Tahquitz Plaza II. Obviously, I wanted to continue the same style with Tahquitz Plaza II. In fact, I had long-term plans to maybe develop the large lot to the north (then a trailer park called Prairie Schooner] behind Tahquitz Plaza. Had it been built, the new development would have continued th e architectural style. Overall, the design of both Tahquitz I and Tahquitz II follow the same formula: horizontality on the east and west sides of both buildings meet in the center to support a visually and physically massed midpoint. The massed midpoint culminates with a HSPB 01.06.15 15 16 5 mountain-profile roofline giving the sense of the su rrounding desert flatland swooping upward to the symbolic mountain top. Elevations of Tahquitz Plaza I (see Appendix V for a larger view) (Courtesy Palm Springs Art Museum) The modernist design of Tahquitz Plaza I culminates at midpoint in two large geometric volumes. It is important to note that the volumes, while aesthetically similar, are asymmetrical (pre-modern architectural styles placed an emphasis on symmetry). Asymmetry is an important movement in modernist design along with attenuation and bio-morphism. This perspective shows the naturalistic " mountain peak" rooflines. HSPB 01.06. 15 16 16 o "Expressed structure," one of the tenets of modernist architecture, is probably best exhibited in Tahquitz Plaza by the huge glu-lam beams used by Kaptur in the construction of the building. Glued laminated timber, called "glu-lam" (or glulam) is a type of structural timber product comprising a number of layers of dimensioned timber bonded together with durable, moisture-resistant structural adhesives. Glu-lam beams can also be considered a technology-driven "modern" material. Another example of expressed structure can be seen in the heavy vertical support timbers supporting the roof (shown in later photographs). Glu-lam beams (two shown, one at the extreme top of the photograph and the other in the center) express the structure of the building. This photograph also shows, left and right, the wood brise soleil (or "sunbreak" ) that blocks direct sunlight but allows indirect light into the interior of the building through windows that rise almost to the rooftops. The breezeway integrates the "outdoors" into the design of the building. The techniques used in Tahquitz Plaza to moderate the harsh desert sun vary from the straightforward to the ingenious. For example, aside from deep eaves integrated into the building's design are the striking "eyebrowed" windows (these are discussed at length later in this section). The wood brise-soleil shading the large windows facing the breezeways are another. Another clever method of solar control can be found in the projecting "fins" found throughout the Tahquitz Plaza complex. These "fin" elements are integrated into the building and create the striking "reverse angle" design feature. While the feature is at first blush a beautiful sculptural element, in true modernist tradition it is also highly functional. The variety of window (and combination window-entryway) designs found throughout Tahquitz Plaza are some of the more striking found anywhere in Palm Springs with one clever design following another (see Appendix IV). Some window designs are "conventional" (e.g., long rectangles) but deeply recessed . Others are geometric and read as "letters." Other windows are surrounded by dramatic organic eyebrows. But it HSPB 01.06.15 17 16 7 is important to understand that many of the windows are critical to the functional modernist design: the aforementioned eyebrowed windows throughout the complex not only provide interior light and solar protection but provide visual interest to the longer horizontal planes of the building's design. Dramatic organic "eyebrowed" window at Tahquitz Plaza II When asked specifically (during the May 26, 2015 interview with the authors) about the interesting and expressive windows used on Tahquitz Plaza and his other commissions (e.g., Casa Blanca Motor Hotel) architect Kaptur had the following to say: I never liked windows sitting on the surface ... square flat standard windows and even case ment windows always struck me as appropriate for dull, austere wartime housing .. . probably more so than most architects I have always tried to make windows an important element of my designs in general .. . and with the Tahquitz Plaza buildings in particular. rss1itle Deeply-recessed "letter" window of an unconventional design at Tahquitz Plaza II HSPB 16 8 01.06.15 18 In the recently published book The Desert Modernists: The Architects Who Envisioned Midcentury Modern Palm Springs, author Morris Newman makes the following interesting observations about the architecture of Tahquitz Plaza, calling it "one of Kaptur's favorites": After an original design called for concrete, cost considerations dictated that a less expensive wood frame structure be employed. Despite this constraint, the Tahquitz buildings manage to look like masonry, due to walls that are sculpted to look as massive as concrete. To further the illusion of thick walls, Kaptur provided the buildings with windows that appear deeply recessed. In other places, windows push outward from the wall surface as if trying to break free of the building. When asked during the May 26, 2015 interview with the authors about where Tahquitz Plaza stands in his body of architectural work, Kaptur opined: I think due to the creative freedom I had, it [Tahquitz Plaza] is one of my best buildings. My other favorites would probably be the [Palm Springs] Golf Course Clubhouse, the bermed Fragen Building and the Seizer Residence. If you'd like to tear down a building of mine I have a list ... on many occasions I'd provide plans to clients and they'd take some unfortunate liberties and even cut corners on materials. So, I would say Tahquitz Plaza is certainly one of the best I ever did. While the architectural significance of Tahquitz Plaza has recently become more appreciated, that appreciation has been hard-won. As recently as 2010, the late Patrick McGrew (one of the city's most astute and accomplished architectural historians) lamented the fact that the architectural significance of Tahquitz Plaza was both unacknowledged and unappreciated when he opined: In a town that loves Modernism, designs that show the influence of Pueblo Architecture are often discredited. Oddly, early modernists such as Irving Gill and Albert Frey paid homage to the style of this continent's oldest structures, but somehow, when Hugh Kaptur does the same thing [with Tahquitz Plaza], he gets no respect. Go figure .... Finally, it is interesting that Kaptur, without prompting, will frequently use the term "organic" when describing his architecture. While "organic architecture" can range from the exuberant to the restrained it is inarguable that examples of organic architecture in the Coachella Valley are relatively rare. Certainly two of the most notable examples are the Arthur Elrod Residence (1968, John Lautner) on Southridge and the "sea creature like" Chart House Restaurant (1978, Kendrick Bangs Kellogg). With the destruction of the Chart House by a suspicious fire in January of 2012, the inventory of local organic architecture has been diminished making Tahquitz Plaza incrementally all the more significant and important. Additional photographs and commentary concerning the architecture of Tahquitz Plaza is contained in Appendix IV. HSPB 01.06.15 19 169 Chain of Ownership Tahquitz Plaza I (600 and 650 East Tahquitz Canyon Way) A United States Department of the Interior, Bureau of Indian Affairs, Deed to Restricted Indian Land documents the transfer of Assessor Parcel Number 508-055-003 (also identified as "Land being conveyed under ACBCI Tribal Tract T5298") to O&M Indian Canyon, LLC, a California limited liability company, on September 12, 2007. The mailing address is Nexus Development Corporation, 1 MacArthur Place, Suite 300, Santa Ana, CA 92707. The Deed to Restricted Indian Land is signed by Richard M. Milanovich, Chairman, United States of America in trust for the Agua Caliente Band of Cahuilla Indians. By a Grant Deed executed on February 7, 2008 O&M Indian Canyon, LLC granted O&M HR, LLC, a Delaware limited liability company, grantor's entire interest in and to the property. O&M HR, LLC's mailing address is Nexus Development Corporation, 1 MacArthur Place, Suite 300, Santa Ana, CA 92707. A copy of the February 7, 2008 Grant Deed is at Appendix II. Tahquitz Plaza II (700 and 750 East Tahquitz Canyon Way) On January 13, 1975 the Bureau of Land Management granted a Land Patent (Patent Number 04-75-0037) for land described as "T. 4 S., R. 4 E., Sec. 14, Block 9" to Lorene McGiamary Martinez. By a Grant Deed executed on February 25, 1975 Lorene McGiamary Martinez "for a valuable consideration" granted Block 9, Section 14, Township 4 South, Range 4 East to AKW, a partnership. The "AKW" partnership was comprised of Lois Anderson, Hugh Kaptur and Webb Engineering. By a Grant Deed executed on September 11, 1997 AKW Partnership "for a valuable consideration" granted the property to Lois Anderson, Trustee of The Lois Anderson Revocable Family Trust. By a Grant Deed executed on January 24, 2007 Lois Anderson "for a valuable consideration" granted the property to O&M Indian Canyon, LLC, a California limited liability company. By a Grant Deed executed on August 3, 2007 O&M Indian Canyon, LLC granted O&M HR, LLC, a Delaware limited liability company, grantor's entire interest in and to the property. A copy of the August 3, 2007 Grant Deed is at Appendix II. HSPB 170 01.06.15 20 Permit History Tahquitz Plaza I (600 and 650 East Tahquitz Canyon Way) (Note: The city's microfiche building permits for Tahquitz Plaza I have been scanned in backwards and are extremely difficult to read.) - Application for Construction Permit, Undated, Special Approval Number 5-730. Owner's Name: Best, Best & Krieger. Plans by: Kaptur-Lapham & Associates. Square footage: 16,000. Valuation: 280,000. Contractor's Name: Heathman Construction Co., Inc. -Building Permit B6462, 7-10-73 for "plan check" - Building Permit B6685, undated, small drawing attached, possibly partition layout - Building Permit B67 46, 9-26-73 to "construct one story frame & stucco commercial bldg. with two completed offices & two "shell" office areas for future offices. Partial compo roof, partial tile roof. 16,000 sq. ft., $280,000" - Mechanical Permit M2989, from job record card, date and details unavailable -Sewage Penmit A2881, from job record card, date and details unavailable - Electrical Permit A7153, from job record card, date and details unavailable - Plumbing Permit P3452, from job record card, date and details unavailable -Plumbing Permit, P3235, 10-23-73 for bathroom fixtures -Building Permit, B7149, 1-10-74 to "Cons! 460 lin ft of 2ft 6 in cone block Wall along South Property Line and 757 Lin Ft of 6 Ft cone block wall along North and East property lines" -Plumbing Permit, P3497, 4-27-74 for "sprinklers, irrigation system" -Certificate of Occupancy, November 8, 1974, Best, Best & Krieger - Application for Construction Permit, 1-18-77 to "remodel" - Building Permit 0077, 1-26-77 for "interior partitions to form new office space" - Building Permit B6900, 1-8-82 for "gas pressure test" -Building Permit B7426, 4-12-82 details unavailable - Building Penmit B3339, 2-17-84 to "repartition walls in commercial building to create new rental space - includes electrical" HSPB 1?1 01.06.15 21 - Building Permit B6685, 5-6-85, from job card, details unavailable -Building Permit B7903, 12-16-85 to "replace AJC unit with a screen" -Building Permit B09008, 9-14-86 to "replace existing 3TN A/C unit on roof' -Building Permit B13820, 9-28-88 to "tear off old roof and reroof with built-up 4-ply roof per U.B.C. chapter 32, Contract & Manufacturers specs." Tahquitz Plaza II (700 and 750 East Tahquitz Canyon Way) - Application for Construction Permit, Undated. Owner's Name: A'r<:'JV Partnership. Plans by: Hugh M. Kaptur AlA & Assoc. Square footage: 16,000. Valuation: 600,000. Contractor's Name: Pending. - Building Permit B10108, 6-4-76 to "Canst frame & stucco, single story commercial/office bldg., with partial campo roof, partial tile roof. West wing 8,000 sq. ft. office, East wing 8,600 sq. ft. office, $600,000" - Electrical Permit A8314, 6-8-76 for temporary service - Electrical Permit A8314, 6-9-76 for "Temp Pole" - Sewer Permit A4266, 6-24-76 for bathroom fixtures - Plumbing Permit P4385, 6-24-76 for bathroom fixtures - Sewer Permit A4284, 6-30-76, illegible -Plumbing Permit P4747, date illegible, for "sprinklers, irrigation system" - Mechanical Permit M3997, 9-15-76 for AJC - Electrical Permit A8497, 9-23-76 for outlets, light fixtures -Electrical Permit A8814, 12-9-76 for temporary use -Certificate of Occupancy, February 25, 1977, AKW Partnership - Building Permit B0476, 4-19-77 for "Interior partitions within existing commercial building" - Electrical Permit A086, 5-3-77 for outlets, light fixtures - Building Permit B0737, 6-6-77 for "Interior partitions within existing commercial building" 172 HSPB 01.06.15 22 - Plumbing Permit P5565, 6-7-77 for bathroom fixtures -Plumbing Permit P5570, 6-8-77 for bathroom fixtures -Building Permit B1010, 7-8-77 for "Interior partitions within existing commercial bldg." -Mechanical Permit M6150, 7-12-79, for A/C. Owner: E. F. Hutton - Building Permit B1424, 4-27-83 for "Suite D: Interior remodel of existing commercial rental unit. R&R partitions. Electrical work." Owner: L. Anderson -Building Permit B1668, 6-8-83 to "Combine two existing suites and remodel interiors" - Building Permit B2295, 9-28-83 to "Reroof per proposal & city specs" -Building Permit B09843, 12-11-86 for "Gas pressure test" -Building Permit B13627, 8-30-88 to "Construct 360 L.F. of 6' slumpstone block wall on rear property line. Per city detail" - Building Permit B13712, 9-14-88 for "Tenant improvement- construct partition walls per plan, adding electrical outlets where needed, no changes to lighting & H.V.A.C. systems. 1633 S.F. of remodeled area out of 3001 S.F." - Building Permit B20434, 4-10-91 to "Remove existing roof and reroof with 4-ply built up roof per U.B.C. 32." - Certificate of Occupancy, September 28, 1993, Access Long Distance of the Desert, Inc. -Certificate of Occupancy, January 5, 1994, Dr. William Longfellow Research Note While significant documentation is available on Tahquitz Plaza I, unfortunately similar documents are missing for the Tahquitz Plaza II complex. For instance, elevations, mechanical drawings, etc. for Tahquitz Plaza I were found in the Palm Springs Art Museum's Hugh Kaptur archives collection. However, those for Tahquitz Plaza II have not yet been located and are most likely only "temporarily" missing. While this lack of documentation on Tahquitz Plaza II has subtly influenced the content of this nomination this should not be regarded as placing any less importance on the Tahquitz Plaza II building as the availability of documentation could have been just as easily reversed. The two structures were designed by the same architect, at near the same time (i.e., within three years) and Tahquitz Plaza II was intended to seamlessly blend with Tahquitz Plaza I into a single masterwork. HSPB 173 01.06.15 23 BACKGROUND I HISTORIC CONTEXT The relatively short history of Palm Springs can be organized into three more or less distinct periods that include Prehistory, the Settlement Period, and the Modern Period. It is within the context of the last period that these buildings will be evaluated. Modern Period (1925-1960s): This period can be considered to have begun with the construction of the area's first "modern" structure, Rudolph Schindler's Paul and Betty Popenoe Cabin in 1922. With this building the area's predominant architectural style, which was based on well-established Mexican and Spanish Colonial motifs, began to change. Incorporation of the town of Palm Springs followed in 1938. During the post WWII era, Palm Springs' economy prospered through tourism. Hollywood celebrities discovered the desert oasis and patronized its hotels, inns, nightclubs and restaurants; celebrity-seeking tourists soon followed, transforming Palm Springs from a sleepy village into an increasingly cosmopolitan environment that saw the construction of schools, hospitals, an airport and other important public works projects. The commercial core along Palm Canyon Drive (originally Main Street) flourished. In the 1950s the downtown core was expanded by the construction of the cross-axis of Tahquitz-McCallum Way that extended from the center of the original settlement to the airport, spurring new development along the way. Early private residential development also expanded into new sub-divisions composed of midcentury modern second homes in the flat lands surrounding the town's original core. Palm Springs' Hollywood associations certainly imparted an air of sophistication to the city. By 1964, the city had built a reputation for cutting edge architecture as a result of local architectural practitioners like John Porter Clark, Albert Frey, E. Stewart Williams, William F. Cody and Donald Wexler. EVALUATION: Criterion 1: Significant Event (Completed because Criterion 1 is marked above). To qualify for listing under this criterion, a property must be associated with one or more events important in the defined historic context. Criterion 1 recognizes properties associated with events or patterns of events or historic trends, such as the gradual rise of the city's prominence in architectural excellence in midcentury modern architecture that is an important pattern of events within this associated context. Tahquitz Plaza is an outstanding example of commercial design and construction of buildings within the context of midcentury desert Modernism. Tahquitz Plaza is associated with this pattern of events for its abiiity to exempiify the modern period of the national, state and local history. Tahquitz Plaza qualifies for listing as a Class 1 Historic Site on the local registry under Criterion 1. Criterion 2: Significant Persons. Criterion 2 recognizes properties associated with the lives of persons who made meaningful contribution to national, state or local history. While architect Hugh Kaptur might be considered an individual of local importance, the documentation for that additional qualification was not deemed necessary for this HSPB 174 01.06.15 24 nomination. Hence. Tahquitz Plaza does not qualify for listing as a Class 1 Historic Site on the local registry under Criterion 2. ARCHITECTURE (Criteria 3- 6) Criterion 3: (That reflects or exemplifies a particular period of the national, state or local history) Tahquitz Plaza was designed by the architectural firm of Kaptur-Lapham & Associates and constructed in two phases (Tahquitz Plaza I in 1974 and Tahquitz Plaza II in 1977). The complex was intended to house the architectural offices of Kaptur-Lapham and Associates and the commercial offices of a supportive and sympathetic client (i.e., the law firm of Best, Best & Krieger). As a result, architect Kaptur was given significant creative latitude. The stylistic markers of Tahquitz Plaza place it directly in the historic context of Palm Springs' Modern Period. Tahquitz Plaza represents a prime and largely intact example of the significant modernist architecture for which Palm Springs is widely known. As such Tahquitz Plaza may be viewed as an important component of the historic trends that have come to define Palm Springs' image as a center of important modern architecture, i.e., an historic trend that exemplifies a particular period of the national, state or local history. Tahguitz Plaza qualifies for listing as a Class 1 Historic Site on the local registrv under Criterion 3. Criterion 4: (That embodies the distinctive characteristics of a type, period or method of construction; or) Type, Period, and Method of Construction: "Type, period, or method of construction" refers to the way certain properties are related to one another by cultural tradition or function, by dates of construction or style, or by choice or availability of materials and technology. To be eligible under this Criterion, a property must clearly illustrate, through "distinctive characteristics" a pattern of features common to a particular class of resources. "Distinctive characteristics" are the physical features or traits that commonly recur in individual types, periods, or methods of construction. To be eligible, a property must clearly contain enough of those characteristics to be considered a true representative of a particular type, period, or method of construction. Characteristics can be expressed in terms such as form, proportion, structure, plan, style, or materials. Tahquitz Plaza is eligible under the theme of Modern architecture because it possesses distinctive characteristics that make up the many qualities of the style, such as modulated horizontality, large geometric volumes, expressed structure, expansive amounts of glass, use of inexpensive man-made materials, solar control, and the integration of outdoor areas. As such, Tahquitz Plaza is eligible under this criterion because it represents an important example of modernist building practices in Palm Springs at the time. Tahquitz Plaza qualifies for listing as a Class 1 Historic Site on the local registry under Criterion 4. Criterion 5: (That (a): represents the work of a master builder, designer, artist, or architect whose individual genius influenced his age; or (b): that possesses high artistic value). 175 HSPB 01.06.15 25 Sa: Work of a Master: A master is a figure of generally recognized greatness in a field, a known craftsman of consummate skill. The property must express a particular phase in the development of the master's career, an aspect of his work, or a particular idea or theme in his craft. A property is not eligible as the work of a master, however, simply because it was designed by a prominent architect. For example, not every building designed by Frank Lloyd Wright is eligible under this portion of Criterion 5, although it might meet other Criteria. The architectural firm of Kaptur-Lapham & Associates was in partnership during the construction of Tahquitz Plaza I and Hugh M. Kaptur, A.I.A. was in business during the construction of Tahquitz Plaza II. Kaptur qualifies as a "master architect" in view of his large body of architecturally significant works that have stood the test of time. Among Kaptur's significant works are the Steve McQueen Residence (1964), the William Holden Residence (1977) and Palm Springs Fire Stations #3 (1964) and #4 (1971). (A listing of Kaptur's many other commissions are provided in his biography). Sb: Properties possessing high artistic values: High artistic values may be expressed in many ways, including areas as diverse as community design or planning, engineering, and sculpture. As an example of the maturing modernist movement, the Tahquitz Plaza complex certainly articulates the best of modernist "adobe-influenced" architecture to a level of excellence and confidence that, in total, could easily be considered an aesthetic ideal. Architectural historian Alan Hess expounds as follows: "The Tahquitz Plaza offices are an excellent representation of [Kaptur's] use of sculptural, expressionist forms influenced by Native American adobe structures, but modernized and abstracted aesthetically in the spirit of Modernism." As the work of a master architect. and for its high artistic values, Tahquitz Plaza qualifies for listing as a Class 1 Historic Site on the local registry under Criterion 5. Criterion 6: (That represents a significant and distinguishable entity whose components may lack individual distinction). This Criterion was created to address the resources contained within a potential historic district. As such, Criterion 6 does not apply. Hence, Tahquitz Plaza does not qualify under Criterion 6. (Note: The foregoing evaluation was reviewed and validated by licensed California architect Susan Secoy Jensen who meets the minimum professional qualifications under 36 CFR Part 61 both in "Architecture" and "Historic Architecture"). ARCHEOLOGY Criterion 7: (That has yielded or may be likely to yield information important to the national, state or local history or prehistory). Tahquitz Plaza does not qualify for listing on the local registry under Criterion 7. 176 HSPB 01.06.15 26 7. Integrity Analysis (using U.S. Secretary of Interior Standards) INTEGRITY Integrity is the ability of a property to convey its significance. To be listed in the local registry, a property must not only be shown to be significant under the criteria, but it also must have integrity. The evaluation of integrity is sometimes a subjective judgment, but it must always be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain integrity (that is, convey their significance) or they do not. The definition of integrity includes seven aspects or qualities. To retain historic integrity a property will always possess several, and usually most, of the aspects. The retention of specific aspects of integrity is paramount for a property to convey its significance. Determining which of these aspects are most important to a particular property requires knowing why, where, and when the property is significant. The following sections define the seven aspects and explain how they combine to produce integrity. LOCATION Location is the place where an historic property was constructed or the place where an historic event occurred. The relationship between the property and its location is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in rare cases, the relationship between a property and its historic associations is destroyed if the property is moved. Tahquitz Plaza remains in its original location and therefore qualifies under this aspect. DESIGN Design is the combination of elements that create the form, plan, space, structure, and style of a property. It results from conscious decisions made during the original conception and planning of a property and applies to activities as diverse as community planning, engineering, architecture, and landscape architecture. Design includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials. A property's design reflects historic functions and technologies as well as aesthetics. It includes such considerations as the structural system; massing; arrangement of spaces; pattern of fenestration; textures and colors of surface materials; type, amount, and style of ornamental detailing. Unlike many buildings in Palm Springs, Tahquitz Plaza has seen little alteration and the essential characteristics of form, plan, space, structure, and style have survived intact. Similarly, the structural system; massing; arrangement of spaces; pattern of fenestration; and the type, amount, and style of detailing, has survived. There is extensive documentation in the form of plans, renderings and photographs that illustrate the intent of the architect. 177 HSPB 01.06.15 27 SETTING Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role. It involves how, not just where, the property is situated and its relationship to surrounding features and open space. Setting often reflects the basic physical conditions under which a property was built and the functions it was intended to serve. In addition, the way in which a property is positioned in its environment can reflect the designer's concept of nature and aesthetic preferences. The setting of Tahquitz Plaza continues to reflect the architect's original design relationship of site and structure. MATERIALS Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. The choice and combination of materials reveals the preferences of those who created the property and indicate the availability of particular types of materials and technologies. While some of the Tahquitz Plaza's exterior surface materials have been poorly maintained, this deferred maintenance does not constitute a significant loss of the physical elements that expressed the design during the building's period of significance; the particular pattern and configuration that today forms the building site survives intact. WORKMANSHIP Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure, object, or site. Workmanship can apply to the property as a whole or to its individual components. It can be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It can be based on common traditions or innovative period techniques. Workmanship is important because it can furnish evidence of the technology of a craft, illustrate the aesthetic principles of a historic or prehistoric period, and reveal individual, local, regional, or national applications of both technological practices and aesthetic principles. Examples of workmanship in historic buildings include tooling, carving, painting, graining, turning, and joinery. The workmanship of the Tahquitz Plaza is comprised of integral ornamental detailing reflected in stucco, wood, glass, ceramic tile and steel. The property continues to express a high degree of contemporary period workmanship. FEELING Feeling is a property's expression of the aesthetic or historic sense of a particular period of tirne. It results from the presence of physical features that, taken together, convey the property's historic character. For example, a rural historic district retaining original design, materials, workmanship, and setting will relate the feeling of agricultural life in the 19th century. When constructed, Tahquitz Plaza was elegantly sited along a 178 HSPB 01.06.15 28 prominent city thoroughfare and takes advantage of panoramic views of the mountains to the south and to the west. Accordingly, Tahquitz Plaza retains its original integrity offeeling. ASSOCIATION Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield whose natural and man made elements have remained intact since the 18th century will retain its quality of association with the battle. Because feeling and association depend on individual perceptions, their retention alone is never sufficient to support eligibility of a property for the National Register. Tahquitz Plaza is an important example of commercial modernist architecture in Palm Springs. Accordingly, it continues its association with a pattern of events that have made a meaningful contribution to the community. INTEGRITY SUMMARY: Tahquitz Plaza appears to be in very good condition partially due to the use of construction materials suitable for the harsh desert environment. Deferred maintenance by the current building owner has resulted in largely cosmetic deficiencies. This integrity analysis confirms that the buildings and site of the Tahquitz Plaza still possess all seven aspects of integrity. Virtually all of the character-defining features survive. The commercial complex and site both retain a high degree of integrity sufficient to qualify it for designation as a Class 1 historic site. 8. Bibliography (Annotated) Attached is a list of books, articles, and other sources cited or used in preparing this application and other documentation that may be relevant. Books Hess, Alan and Andrew Danish. Palm Springs Weekend. Chronicle Books, San Francisco, 2001 The Desert Modernists: The Architects Who Envisioned Midcentury Modern Palm Springs. Modernism Week and Desert Publications, Inc., Undated (Incorrectly cites date ofTahquitz Plaza as "1971") Rosenow, Erik. The Architecture of Desert Leisure. Palm Springs Preservation Foundation, Palm Springs, CA, 2013 Schnepf, James. Palm Springs Modern Living. Gibbs Smith, Layton, UT, 2015 Stern, Michael and Alan Hess. Julius Shulman: Palm Springs. New York: Rizzoli, 2008 179 HSPB 01.06.15 29 Other Documentary Sources "Residence in Las Palmas Estates, Palm Springs, California." Architectural Digest, Vol. 21, No.3, Spring 1965 Architectural Resources Group. City of Palm Springs Historic Resources Survey. San Francisco, 2004 Brown, John C. and Bert Simonis. Quiet Elegance: The Architecture of Hugh M. Kaptur. This 'n That Films, 2014 Desert Sun newspaper. May 27, 1958 (article entitled ""Impala Lodge Construction is Underway," characterizes Impala Lodge design as "Indian Modern"); April 10, 1972 (Legal Notice section records architectural firm's business name as "Kaptur-Lapham & Associates" and firm's address at "612 E. Sunny Dunes"). September 15, 1959 (article entitled "Living in the Desert" reports "Los Angeles investment broker Robert A. Leaver ... his family's winter residence. Designed by Hugh Kaptur the home relies on Bethlehem steel to keep and give it a substantial hold on the mountainside"). August 26, 1965 (article entitled "Journal Spots P.S. Homes Sites" reports the "August edition of the international magazine, American Journal of Building Design, devotes five of its pages to a story of a Southridge development home here," referring to the Kaptur-designed Thomas Griffing spec house). November 30, 1973 (article entitled "Dorado Uses Award Winning Decorator" reports the project's model home "features interiors created by the award-winning, nationally known firm of Arthur Elrod and Associates." October 1972 - December 1973 (Kaptur's Desert Dorado project was featured in several lengthy Desert Sun articles) Allison Engel. "The Great Escape: Steve McQueen made Hugh Kaptur's Southridge House His Own." Palm Springs Life magazine, December 2008 (article notes that the house was built as a spec design for investor Thomas Griffing who never moved in to the house but sold it shortly after construction to Edwin Morris) Hugh Kaptur. Personal interviews with the authors. May 25 and 31, 2015. "Hugh Michael Kaptur, AlA Palm Springs Walk of Stars Dedication Program." Modernism Week, February 14, 2014 National Park Service. National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation. U.S. Department of the Interior, Washington, D.C. Newman, Morris. "Modern Master." Palm Springs Life magazine, February 2014 (article quotes owner of Seizer Residence as characterizing Kaptur's architecture as "Mexican Modern"). Palm Springs Life magazine, March 1964, "Socia life" column reports "Four exciting and colorful houses have been selected for the annual Home Tour sponsored by the HSPB 180 01.06.15 30 American Association of University Women on March 8 ... the luxurious Hugh Kaptur home at 521 Via Lola is Spanish contemporary, equipped with the latest gadgetry." "Spanish Contemporary." Palm Springs Life magazine, April 1964 (the 3-page article notes that the house was a spec design for developer Thomas Griffing) Other Sources Consulted -City of Palm Springs (Planning and Building Departments) - Palm Springs Historical Society - Palm Springs Public Library -Riverside County Assessor's Office 9. Geographical Data Acreage of Property: 3.35 Acres (1.55 + 1.80 acres) (See Appendix Ill) Property Boundary Description: See Appendix II 10. Prepared By Name/title: Ronald W. & Barbara A. Marshall Organization: Submitted on behalf of the Palm Springs Preservation Foundation Street address: 1775 East Palm Canyon Drive, Suite 110-195 City: Palm Springs State: CA Zip: 92264 Telephone: (760) 837-7117 e-mail address: [email protected] 11. Required Documentation Submit the following items with the completed application form. Do not mount any exhibits on a board. 1. Attachment Sheets. Include all supplemental information based on application form above). 2. Maps: For Historic Districts, include a sketch map identifying the proposed districts boundaries. 3. Photographs: Eight (8) sets of color photographs showing each elevation of the property and its surroundings. 4. Non-owner's Notarized Signature: If the applicant is not the owner, a notarized affidavit shall be provided (see following page). 181 HSPB 01.06.15 31 5. Site Plan: One 1/8" to 1/4" scale drawing of the site, and eight reduction copies (8 Y.. x 11 inches) The site plan shall show all of the following: Property boundaries, north arrow and scale, all existing buildings, structures, mechanical equipment, landscape materials, fences, walls, sidewalks, driveways, parking areas showing location of parking spaces, and signs. Indicate the square footage and use of each building and the date(s) of construction. 6. Public Hearing Labels: Three (3) sets of typed self-adhesive labels of all property owners, lessees, and sub-lessees of record. The labels shall include the Assessor's parcel number, owner's name and mailing address of each property with 400 feet from the exterior limits of the subject property. Additionally, all Assessor Parcel Maps clearly indicating the 400-foot radius and a certified letter from a title company licensed to conduct business in Riverside County, California shall be submitted. Note: If any property on this list is owned by the United States Government in trust for the Agua Caliente Indian Tribe or individual allottee, copies of notices with postage paid envelopes will be submitted to the Bureau of Indian Affairs to notify the individual Indian land owners of the public hearings. HSPB 182 01.06.15 32 Appendix 1: Letter of Owner Support (Not Included) While the Palm Springs Preservation Foundation considers owner support for historic designation desirable, the Palm Springs Municipal Code (Chapter 8.05) does not require owner support. In the past, the Palm Springs city council has designated some buildings as historic even in the face of strong owner objection (e.g., the Santa Fe Federal Savings & Loan Building and the J.W. Robinson Department Store Building). Contacting the owner of Tahquitz Plaza regarding this nomination was not viewed as constructive by the authors for three reasons: - The owner has proposed a project ("Aberdeen") which proposes to demolish 75% of Tahquitz Plaza. - On April 14, 2015 the firm of Manatt, Phelps & Phillips, LLP representing NDC Equities Downtown PS, LLC ("Nexus") sent a letter to Mayor Pougnet and the city council asserting, among other things, that Tahquitz Plaza "does not have a high artistic value," that Kaptur "should not be considered a 'master architect'," and further that "recognition has been associated with his residential, not his commercial/municipal projects." - On April 16, 2015 (after briefly withdrawing the Aberdeen project) the owner's representatives attempted to draw a demolition permit for Tahquitz Plaza. On May 28, 2015 (after withdrawing the Aberdeen project) the owner's representatives attempted to draw another demolition permit for Tahquitz Plaza. The foregoing notwithstanding, PSPF recognizes it has been the past practice of city staff to solicit owner views regarding historic designation and we encourage staff to do so. 183 HSPB 01.06.15 33 Appendix II: Grant Deeds (includes Legal Description) Tahquitz Plaza I (600 and 650 East Tahquitz Canyon Way) ~~-- ~- -~---- DOC# 2008-0073115 ~~~~ DZ/141208! ea.aa:~ FH;3&.al!l CHICAGO mLE COMPANY P••to;~f4 RecooroHd Jn OHi<:ial RI!Corti RECORDING REQUESTED BY ~o"""ty or ltiY•r•IM AND WHEN RECORDED MAIL TOo Larry U. Uard NcKus l)evelopment Corporation t MacArthur Place, Suile 300 ~~i·iui'l'iliiiil Santa Ana, Califomia 92707 Attn: Matthew B. Kaufman MAIL ALL TAX STATEMENTS TOo s • u '""" ""' ""I""" tONG RFD """ Nexus Development Corporntion I 'f I 1 MacArthur Place, Suite 300 M • l ... Santa Ana. California 92707 "' """'~ ""' "'"" O?o Attn: Matthew B. Kaufman "' err ""' (Above Space for Recorder's Use Only) m GRANT DEED Qv ~ Documentary transfer tax is S None . No consideration. This transfer is exempt from documentary transfer tax as the transfer is between legal entities that results solely in a change in the method of holding title to the: realty and in which the proportional ownership interests in the realty, directly or indirectly, n:main the same immediately afler the transfer. (See, California Revenue and Taxation Code, Section 11925(d)). FOR VALUt\BI.E CONSIDERA TtON, re«ipt of which is hereby ackoowlcdged, 0 & M JNDIAN CANYON, l.LC, a California limited liability company ("Graator~), hereby grants to 0 & M HR,lLC, a Dclaw-o~re limited liability company, Grantor's enlirc interest in IUld to the !OUowingdescribed real property, located in the City of Palm Springs, County of Riverside, State of California (the "Preperty"): SEE EXI;I~ ATf ACHED HERETO AND INCORPORATED HEREIN BY THlS REFERENCE SURJECTTOo I. Taxes and assessments. 2. All other covenants, conditions, 1"1;Strictions, reservations, rights, rights of way. casement-;, em:umbranccs, liens and tide matters whether or no1 of record or visible from an in.~pection of the Property. EXHIBIT"A" LEGAL DESCRIPTION OF THE PROPERTY BLOCK 10 IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON JUNE 11, 1927 AS SUPPLEMENTED ON MAY 12, 1960 184 HSPB 01.06.15 34 Tahquitz Plaza II (700 and 750 East Tahquitz Canyon Way) RECORDING REQUESTED BY, SOUTHLAND TITlE OF SAN DIEGO RECORDING REQUESTED BY DOC # 2007-0530414 -1'28e7 llb80A Foo•33.80 AND WHEN RECORDED MAIL TO: Pq;• 1 of 3 R•c::orded 11'1 OffJcJal R~ds County of Rlverel~ O&M HR, LLC L.,.ry U. U.rd 1 MacArthur Place, Suite 300 Santa Ana, CA 92707 Attn: Matthew B. Kaufman 1iiuiliiii"iin MAIL ALL TAX STATEMENTS TO: O&MHR' LLC 1 MacArthur Place. Suite 300 s R 0 PAGE 5'ZE DA MISC LONG RFD COPY Santa Ana, CA 92 707 "J Attn: Matthew B. Kaufman I M A L 465 .,. PCOR ;;UF NCHG _,/?·- cYJc:.'!! 'It:, tl Lie:; ils.Tr '"""'~ c;rY UNI GRANT DEED Documentary tr;U1Sfer tax io;. $ NONE. No c:mu;ideration. This transfer is ex.cmpt from documentl.ry tn~nsfer tax as the- tranSfer is between legal emities. thai results S(l)el)! in a change in 1he method of holding rille to the ~rty tmd in which the proportional o\Vtlers'hip interests in the realty, directly or- indirectly, remain the same immediately after the: fnlnsrer. (See, California Revenue and Taxation Code, Section ll925(d)). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 0 & M INDIAN CANYON, LLC, a California limited liability company ("Grantor"), hereby grants to 0 & M HR. LLC. a Delaware limited liability company, Grantor's entire interest in and to the following described real property,located in the City of Palm Springs, County of Riverside, State of California (the ..Property"): SEE EXHIBIT "A" A IT ACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE SUBJECT TO: l. Taxes and assessments. 2. All other covenants, conditions, restrictions, reservations, rights, rights of way, easements, encumbrances, liens and title matters whether or not of record or visible from an inspection of the Property. IN WITNESS WEHREOF, Grantor has caused this Grant Deed to be executed as of the ~day of ,1/.,~"ST , 2007. 0 & M INDIAN CANYON, LLC, a California limited liability company By: 4vu>--=:__ Curtis R. Olson, Managing Member 185 HSPB 01.06.15 35 (continued) "------·-- ---·- ---····· ·····-··-···-----·--·--··-- 1 EXHIBIT"An I LEGAL DESCRIPTION OF THE PROPERTY IN THE CITY OF PALM SPRIN~OU!:iTY,OF RIVERSIDE, STATE OF I CALIFORNIA, BEING THOSE PORTIONS OF BLOCK 9 AND VACATED CALLE ALVARADO AS SHOWN ON RESOJ;UTION NO. 15302 RECORDED DECEMBER 19, 1984, AS INSTRUMENT NO. 270713 OF OFFICIAL RECORDS OF SAID COUNTY AND SUPPLEMENTAL PLATS OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, I SAN BERNARDINO BASE AND MERIDIAN, ACCEPTED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, GE!'IERAL LAND OFFICE ON SEPTEMBER 7, 1927, AND JUNE27, 1956, RESPECTIVELY, MORE PARTICULARLY DESCRIBED AS I FOLLOWS: COMMENCEMENT POINT BEING THE CENTERLINE INTERSECTION OF SAID CALLE ALVARADO WITH THE EAST-WEST QUARTER SECIION LINE OF SAID SECTION 14 AS SHOWN ON TRACI NO. 16043 RECORDED IN BOOK 116, PAGES 88 AND 89 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE PROCEEDING COINCIDENT WITH SAID QUARTER SECTION LINE SOUTH 89"58'36" WEST, 30.QI FEET; THENCE SOUTH 00"01 '24" EAST, 5.59 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 9 AND THE TRUE POINT OF BEGINNING; THENCE PROCEEDING COINCIDENT WITH THE SOUTHERLY LINE OF SAID BLOCK 9 NORTH 89"53'39" WEST, 330.43 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 9; THENCE PROCEEDING COINCIDENT WITH THE WESTERLY LINE OF SAID BLOCK 9 NORTH oo•04'33" WEST, 264.11 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 9, ALSO BEING A POINT ON THE SOUTHERLY LINE OF PARCEL I AS SHOWN IN GRANT DEED TO COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, RECORDED JANUARY 24, 1995, AS INSTRUMENT NO. 021208 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE PROCEEDING COINCIDENT WITH LAST SAID LINE, ALSO BEING THE NORTHERLY LINE OF SAID BLOCK 9, THE SOUTHERLY LINE OF PARCEL 2 AS SHOWN ON SAID GRANT DEED AND THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID BLOCK 9 SOUTH 89"56'24" EAST, 360.31 FEET TO A POINT OF INTERSECIION WITH THE CENTERLINE OF SAID CALLE ALVARADO; THENCE PROCEEDING COINCIDENT WITH THE CENTERLINE OF CALLE ALVARADO SOUTH 00°06'04" EAST, 198.74 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF TAHQUITZ CANYON WAY AS SHOWN ON AMENDED MAP TRACI NO . 20485 RECORDED IN BOOK 200, PAGES 47 AND 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE PROCEEDING COINCIDENT WITH LAST SAID LINE SOUTH 89"58'36" WEST 30.00 FEET TO THE EASTERLY LINE OF SAID BLOCK 9; THENCE PROCEEDING COINCIDENT WITH LAST SAID LINE SOUTH 00"06'04" EAST, 6559 FEET TO THE TRUE POINT OF BEGINNING. APN: 508-055-006-7 186 HSPB 01.06.15 36 Appendix Ill: Assessor's Map & Property Information ...... i. • $ GJ'l· . - f ® Assessor Parcel Numbers 508-055-003 (Tahquitz Plaza I at 600 and 650 East Tahquitz Canyon Way) and 508-055-006 (Tahquitz Plaza II at 700 and 750 East Tahquitz Canyon Way) are circled in red (top of map is oriented to the east). 187 HSPB 01.06.15 37 Property Information Center Property Information for the 2014-2015 tax year as of January 1, 2014 Property Information Assessed Value Information Parcel Number: 508055003-4 Land 2,098,008 Property Address: 600 E T AHQUITZ CANYON WAY Structure 1.437,959 PALM SPRINGS CA 92262 Full Value 3,535;967 Legal Description: NIA Total Net 3,535,%7 Property Type: NIA Assessment Description: NIA Assessment Information 508055003-4 Year Built NIA Assessment Number: 011-017 Square Feet N/A Tax Rate Area; 0-00 Bedroom: N/A Taxability Code: 2009 Bath: NIA Base Year. Pool: N Parcel Map Lot SJze: 1.55 Acres VleW"""*Map Sales lnforma tion Last Recorded Oocument:0212008 Recording Number. 0073115 Related Property Information City Sphere: PALM SPRINGS Tax Assessment Di!itrict CITRUS PEST CONTROL 2 Sup&rvisorlal District: JOHN BENOIT CITY OF PALM SPRINGS DEBT SV landuse Designation: CITY CSA 152 Agricu~ure l'nlse Parcel Lot Size for Tahquitz Plaza I (at 600 and 650 East Tahquitz Canyon Way) shown as 1.55 Acres (from the Riverside County Assessor's Office, Property Information Center) 188 HSPB 01.06.15 38 Property Information Center Property Information for the 2014-2015 tax year ae of January 1, 2014 Property Information Assessed Value Information Parcel Number. 508055006-7 Land 635.000 Property Address: 700 E TAHQUITZ CANYON WAY Structure 1,500,000 PALM SPRINGS CA 92262 Fun Value 2,135,000 Legal Description: NIA Total Net 2,135,000 Property Typo: NIA AssHsment Description: NONEASSESSABLE Assessment Information 508055005-7 Year Built N/A A.s:&&Ssment Number: 011-017 Square Feet: NIA Tax Rate Area: 0-00 Bedroom: NIA Taxability Code: 2008 Bath: NIA Base Year. Poot: N Parcel Map Lot Size: 1.80 Acres Sales Information Last Recorded Document0812007 --- Re«trding Number: 0530414 Related Property Information City Sphero: PALM SPRINGS Tax Assessment Ofstrict CITRUS PEST CONTROL 2 Supervisorial District: JOHN BENOIT CITY OF PALM SPRINGS DEBT SV Landuse Designation: CITY CSA 152 Agricutture Preserve: NOT IN AN AGRICULTURE CV MOSQ & VECTOR CONTROL PRESERVE DESERT COMMUNITY COLLEGE School District PALM SPRINGS UNIFIED DESERT HOSPITAL Water District DWA DESERT WATER AGENCY Fema Flood Plan: FLOCD ZONE 0.2 PCT ANNUAL FLOCD CONTROL ADMINISTRATION FLOOD CONTROL ZONE 6 GENERAL GENERAL PURPOSE PALM SPG TAQUITZ-ANDREAS RDV PALM SPRINGS PUBLIC CEMETERY PALM SPRINGS UNIF 8 & 11992-A PALM SPRINGS UNIFIED SCHOOL RIV CO REG PARK & OPEN SPACE RIV, CO, OFFICE OF EDUCATION Parcel Lot Size for Tahquitz Plaza II (at 700 and 750 East Tahquitz Canyon Way) shown as 1.80 Acres (from the Riverside County Assessor's Office, Property Information Center) 189 HSPB 01.06.15 39 Appendix IV: Photographic Documentation of Buildings and Site This photograph shows a variety of building materials including earth tone ceramic tiles, large expanses of glass, stucco surfaces and wooden timbers. The deep eaves and sculptural "reverse angle" support wall (which could also be called a "fin") provide solar protection (Tahquitz Plaza I) Heavy roof support timbers " express" the structure (Tahquitz Plaza I) 190 HSPB 01 .06.15 40 Eyebrow over window-entryway (Tahquitz Plaza I) Rounded "organic" massing at corner (Tahquitz Plaza I) 191 HSPB 01.06.15 41 Dramatic "signature" Kaptur eyebrow (Tahquitz Plaza I) Projecting "fins" provide additional solar protection (Tahquitz Plaza II) 19 2 HSPB 01 .06.15 42 A signature Kaptur window eyebrow and rounded organic massing at the corner also appears at Tahquitz II. The repetition of these important design elements help to aesthetically mesh the Tahquitz Plaza I and II designs Studio-style (or craft-style) ceramic tiles in pleasant earth tones Slumpstone block wall Delivered with this nomination are an additional101 photographs (on compact disc) providing photographic documentation of the buildings and site 19 3 HSPB 01.06.15 43 Appendix V: Miscellaneous Historical Photographs & Ephemera A 1952 photograph of the office building Kaptur designed for his in-laws (Courtesy Kaptur Family) The caption of this photograph, which appears in the April 11 , 1958 edition of the Desert Sun newspaper, reads in part "Civic minded persons who are responsible for the tremendous turnout and success of the Model Airplane Club. .. left to right, Hugh Kaptur .. .. " 194 HSPB 01 .06.15 44 PA LM SPRINGS. CALI FORNI A ~c.~;,~ ~j~C\t \ C.\ • • • • • Enjoy 350 days MOTOR HOTEL of" SUNSHINE " annually! ALL MAJOR CREDIT CARDS ACCEPT ED ... in the wind free South end! The t,;I\SA BLANCA Motor Hotel o H ~·~ II'• lfnt11 '" Here rs ~vcrythrng your heart des"~' to re~t ..nd rt:•D• accornmncfar•on~. fdC d t•n onrt wr,ir:r' ut•,••rPI15 nylf 10 t!X An earlier project similar in architectural "style" to Tahquitz Plaza is the Casa Blanca Motor Hotel (today the " Musicland Hotel") at 1342 South Palm Canyon Drive. One of the more notable features of the Casa Blanca Motor Hotel is the prominent sculptural "eyebrow" around the street-facing second-story window. This rendering appears in au advertisement for the motor hotel in the September 1970 issue of Palm Springs Life magazine. 195 HSPB 01 .06.15 45 Kaptur's window eyebrow at 650 Tahquitz Canyon Way under construction in 1974 (Courtesy Palm Springs Art Museum) Collection of vintage photographic slides of Tahquitz Plaza I under construction and shortly after construction (Courtesy Palm Springs Art Museum) 19 6 HSPB 01 .06.15 46 .. Elevations of Tahquitz Plaza I (Courtesy Palm Springs Art Museum) 197 HSPB 01.06.1 5 47 Architectural rendering of Tahquitz Plaza I (Courtesy Palm Springs Art Museum) 198 HSPB 01.06.15 48 Kaptur's buildings have often been characterized as " pueblo-influenced." Shown above is Taos Pueblo in New Mexico one of the oldest adobe structures in the United States constructed between 1000 and 1450 A.D. (Courtesy www.worfdheritageroutes.travel) Aerial photograph from 1974 (oriented north) showing the completed Tahquitz Plaza I to the southwest and the Prairie Schooner trailer park to the north and northeast. Note that Tahquitz Plaza II has not yet been constructed. (Courtesy City of Palm Springs) 199 HSPB 01 .06.15 49 CHATTEN-BROWN & CARSTENS LLP 2200 PACFIC COAST HIGHWAY TELEPHONE (31 0) 798-2400 S!nTE 318 E·MAIL: [email protected] FACSIMILE' (310)798-2402 HERMOSA BEACH, CALIFORNIA 90254 www .cbcearthlaw .com July 7, 2015 Via Email and U.S. Mail City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Request for Full Consideration of Class I Nomination for Tahquitz Ph\~a ~ and Denial of Appeal of HSPB Case #97 Honorable Council Members: On behalf of the Palm Springs Modem Committee, we request you deny 0 & M HR, LLC/Nexus Companies' appeal of the Historic Site Preservation Board's June 9, 2015 decision to begin investigation of the historic significance of the Hugh Kaptur designed Tahquitz Plaza. We also urge you to leave the stay of demolition ofTahquitz Plaza in place while the investigation is pending. The established City process should be allowed to continue so that the Historic Site Preservation Board ("HSPB") can examine the evidence and provide a recommendation to the Council, while allowing for full public participation in the process, before the Council makes a decision regarding the historic significance of Tahquitz Plaza. I. The Established City Process for Evaluating Class 1 Historic Sites Should Be Allowed to Continue. The City's Historic Preservation Ordinance (Chapter 8.05 of the Palm Springs Municipal Code) establishes the HSPB as the City's expert commission on issues regarding historic resources. To be a member of this board, "an individual must have demonstrated knowledge and interest in the cultural, socioeconomic, architectural or archaeological history of the area." (Palm Springs Municipal Code 8.05.040.) The Historic Preservation Ordinance sets forth the procedure for determining whether a resource should be designated as a Class 1 Historic Site; the HSPB "shall conduct. .. surveys, studies or investigations as it deems necessary to adequately inform the [HSPB] and city council prior to the public hearing" and make that information publically available. (Palm Springs Municipal Code 8.05.135.) Additionally, the Historic Preservation Ordinance provides the HSPB with the authority to stay demolition of a potentially historic site at any time after a nomination for a Class 1 Historic Site has 200 City Council July 7, 2015 Page 2 of3 been submitted. On June 9, 2015, the historic resource experts on the HSPB voted unanimously to accept the nomination ofTahquitz Plaza and initiate investigation into whether Tahquitz Plaza should be listed as a Class I Historic Site, following the process established by the Historic Preservation Ordinance. Here, there are no special circumstances that warrant deviation from the process established in the City's Historic Preservation Ordinance. Thus, the appeal by 0 & M HR, LLC/Nexus Companies ("0 & M") should be denied and the HSPB 's investigation should be allowed to continue. II. Historic Significance of Tahguitz Plaza Was Not Been Studied As Part of Previous Projects. Contrary to the misleading statements contained in 0 & M's appeal letter, the historic significance of Tahquitz Plaza was not studied in association with the 2007 Hard Rock project or the withdrawn 2015 Aberdeen project. The mitigated negative declarations ("MNDs") prepared for both of these projects contain only conclusory statements that the site contains vintage office buildings that have not been listed on an historic register. The MNDs did not otherwise evaluate the historic significance and no historic resource expert report was prepared for either project. In contrast, numerous historic resource experts submitted comments on the Aberdeen project regarding the historic significance of Tahquitz Plaza, including: Alan Hess; Morris Newman; Brad Dunning; and Hugh Kaptur himself. The State's Office of Historic Preservation and the City's Architectural Advisory Committee and Planning Commission also determined a study of the historic significance ofTahquitz Plaza should be prepared. Moreover, the Palm Springs Preservation Foundation submitted a detailed nomination of Tahquitz Plaza, providing substantial documentation on its historic significance. III. A Stay of Demolition Is Necessary and Appropriate. Finally, the stay of demolition issued by the HSPB is necessary to allow the established process to proceed. 0 & M have been issued demolition permits for the Tahquitz Plaza. Thus, if the Council grants 0 & M's appeal, Tahguitz Plaza will be demolished. The stay of demolition is also appropriate because there is no pending project by 0 & M that is being delayed by the consideration of the Class 1 Historic Site nomination and stay of demolition. 0 & M withdrew their application for the Aberdeen project, and it is our understanding there is no other project application pending for this site. Without 201 City Council July 7, 2015 Page 3 of3 a proposed project, there is no urgency to demolish Tahquitz Plaza. When properly secured, the site is not is not a safety hazard and leaving Tahquitz Plaza in place while the City evaluates its historic significance would not have adverse impacts. Conclusion For all of the reasons set forth in this letter, we urge you allow the City's established process for consideration of historic resource to proceed and to deny 0 & M's appeal. The City Council must not allow demolition of Tahquitz Plaza before its historic significance has been analyzed. Thank you for your time and consideration in this matter. Sincerely, 1 't ;;_ / .r/JL,{ ~ L-4' /: Amy Minteer Attorney at Law cc: James Thompson, City Clerk Flinn Fagg, AICP, Director of Planning Services Douglas Holland, City Attorney 202 Cindy Berardi ::r, Reee1; eo From: Kenneth Epstein City Clerk i'm a property owner and part-time resident of Paim Springs and I strongly oppose the demolition ofTahquitz Plaza. Mid-Century Modern Architecture is essential to the vibrancy, economy, and quality of life in Palm Springs. The destruction of Tahquitz Plaza would be a catastrophe for the entire community, with the exception of the few individuals who stand to make a lot of money by putting something else in its place. Ken Epstein 1981 Rancho Vista Trail Palm Springs, Ca. 203 I CITY OF PALM SPRINGS PUBLIC NOTIFICATION Date: July 15, 2015 Subject: APPEAL- 0 & M HR, LLC HSPB 79 AFFIDAVIT OF PUBLICATION I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on July 1, 2015. I declare under penalty of perjury that the foregoing is true and correct. \L\-kc-9 Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on July 1, 2015. I declare under penalty of perjury that the foregoing is true and correct. \L~ Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF MAILING I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on July 1, 2015, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. ( 102 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, MMC Chief Deputy City Clerk 204 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE HSPB 97 APPEAL BY 0 & M HR, LLC OF THE HISTORIC SITE PRESERVATION BOARD ACTION TO INITIATE A STUDY FOR POSSIBLE CLASS 1 HISTORIC SITE DESIGNATION AND A STAY OF DEMOLITION FOR "THE TAHQUITZ PLAZA" BUILDINGS LOCATED AT 600 TO 750 E. TAHQUITZ CANYON WAY, ZONE REO NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 15, 2015. The City Council meeting begins at 6:00p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an appeal of the action by the Historic Site Preservation Board (HSPB) to: a) initiate study for possible Class 1 Historic Site Designation; and b) issued a Stay of Demolition for the Tahquitz Plaza complex, located at 600 to 750 E. Tahquitz Canyon Way. The HSPB voted to initiate the study and issued a Stay of Demolition at their meeting of June 9, 2015. ENVIRONMENTAL DETERMINATION: The City of Palm Springs, in its capacity as the Lead Agency, under the California Environmental Quality Act (CEQA) has determined that the proposed action is Categorically Exempt under Section 15331 (Historical Resource Restoration/Rehabilitation) of the Guidelines for the California Environmental Quality Act since the proposed study would assist in the preservation of a potential historically significant site. REVIEW OF INFORMATION: The staff report and other supporting documents regarding this matter are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENTS: 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 City Council 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 Flinn Fagg, Director of Planning Services, at (760) 323-8245. Si necesita ayuda con esta carta, por favor llame a Ia Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. // ames Thompson, City Clerk 205 Department of Planning Services Vicinity Map AMADORO 0 0 ·...:~ '~w :...J ...J ~·--~------~ ANDREASRO 0. ~~ cr::1 iib-~~~~='=~· ~ E "DI.HQUITZ CANYON WAY (.J. ARENAS RO ARENAS RD Legend ~"· Oooo R":li~.;s CITY OF PALM SPRINGS 206 Kathie Hart From: Kathie Hart Sent: Wednesday, June 24, 2015 5:48 PM To: Flinn Fagg Cc: Jay Thompson; Marcus Fuller; Tabitha Richards; Douglas C. Holland; David Ready Subject: Appeal Filed re: HSPB 79 Attachments: Scanned from a Xerox Multifunction Printer.pdf Flinn: Today 0 & M HR, LLC filed an appeal of the June 9, 2015, HSPB action relating to property situated at 600,650, and 700 East Tahquitz Canyon Way. Pursuant to the Palm Springs Municipal Code all appeals shall be presented to the City Council for action within 45 days. August 8, 2015, is 45 days from today. It should be noted the City Council will be dark in August; therefore, the last meeting prior to the summer recess will be July 15, 2015. Please feel free to contact our office if there are any questions. Thank you. Kathie Kathie Hart, MMC Chief Deputy City Clerk City of Palm Springs lllil{760) 323-8206 3200 E. Tahquitz Canyon Way lilll{760) 322-8332 Palm Springs, CA 92262 [email protected] City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. 207 1 Kathie Hart From: Matt Kaufman Thank you Kathie. Matthew B. Kaufman Senior Vice President & CFO Nexus Development Corporation/Central Division 1 MacArthur Place, Suite 300 Santa Ana, CA 92707 (714) 546-5600, ext. 211 (714) 432-6738 (private fax) [email protected] -----Original Message----- From: Kathie Hart (mailto:[email protected]] Sent: Wednesday, June 24, 2015 5:18PM To: Matt Kaufman Subject: FW: Scanned from a Xerox Multifunction Printer Matt: This email confirms the appeal of the June 9, 2015, Historic Site Preservation Board's action has been deemed filed with the Office of the City Clerk today. For your records I have attached a copy of the credit card transaction for your records. If there are any questions, please do not hesitate to contact our offices. Kathie Kathie Hart, M MC Chief Deputy City Clerk City of Palm Springs lilll(760) 323-8206 3200 E. Tahquitz Canyon Way llllll(760) 322-8332 Palm Springs, CA 92262 [email protected] City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. 208 1 O&MHR,LLC June 24. 2015 VIA I<:I,ECTRONIC MAIL AND OVERNIGHT DELIVERY James Thompson, City Clerk City of Palm Springs 3200 E labquiv. Canyon Palm Springs, C/\ 92262 RE: Appeal of Case IISPB #97- ·'Tahquitz Plaza'' Application for Class 1 Historic Site Designation Dear :VIr. Thompson: 1 write to you on behalf of 0 & M, LLC CO&M"), whose address is c/o Nexus Companies. I :vlacArthur Place. Suite 300, Santa Ana, Ci\ 92707. O&M is the owner of the buildings located at 600, 650 and 700 East Tahquitz Canyon Way and commonly known as the "Tahquitz Plaza" (cnllcctivcly, the "Buildings''), ;\s you may be aware, at its meeting on June 9, 2015, the Historic Site Preservation Board ("1-ISPB'") (a) voted 7-0 to initiate studies and investigation on an application by the Palm Springs Preservation Foundation ("PSPF") requesting Class l historical status for the Buildings, and (b) voted 7-0 to place a stay of demolition on the Buildings (collectively, the "HSPB Actions"). O&M was notified of the IISPI:l Actions by letter dated June 18,2015. O&M has been nggrieved hy. and its interest in the Buildings has been directly and adversely aiTcctcd by. the I-lSl'B Actions. Pursuant to Chapter ].05 and Section 8.05.230 of the Palm Springs Municipal Code (the "Code"), O&lvl, as an aggrieved party, hereby exercises its right to appeal each and both of the HSPB Actions to the City Council of Palm Springs. O&M appeals the HSI'B Actions on the grounds that the studies and investigations purportedly initiated by the HSPB arc unwarranted, unnecessary, and an inappropriate use of taxpayer moucy. Specifically, the Buildings were the subject of prior historical studies (mostly recently, earlier this year) which determined that they were not a historic resource because they did not meet the applicable qualifications. In fact the City certified a CEQA document in 2007 and O&M received entitlements hom the City in 2008 for a hotel project that approved 1hc demolition or all 4 Buildings, linding that such Buildings were not historically signiJicant_ Notably, the Buildings do not even fall within the scope of the City's pending city-wide historic O&MHR,LLC I MacArthur Place, Suite 300, South Coast Metro. Calil'ornia 92707 Phone (714) 546-5600 Fax (714) 546-5660 209 June ~4. 2015 Page] of2 resources survey. since the City decided in 2014 to limit the survey to properties built prior to I %X (the lluildings were constructed in I 974 and I 977). 1 For these reasons. O&M hereby appeals each and both of the HSPB Actions and respectfully requests that the City Council rescind each and both of the HSPB Actions. Please note that. concurrently herewith, O&M is remitting pavmcnt of' the applicable appeal tee to the City Clerk. O&M Iouks l(n·ward to hearing back Ji-om you regarding a hearing date for its appeal. 1 can be reached at (714) 546-5600 x2ll should you have any questions or cksirc any additional i11I!.Jn11ation. Very Truly Yours. \'latthew B. Kautlnan On bchaiJ'oJ'O & M HR, LLC cc: David Ready. City Manager (via email only- [email protected]) Douglas Holland, Esq. (via email only- [email protected]) ·rhe grounds for O&M's appeal set forth herein are an addition to what O&lvl believes may constitute procedural and due process violations relating to the time and manner in which the June 9'h meeting was conducted. O&M expressly reserves the right to supplement the basis for its appeal of the HSPB Actions as more information becomes available to it. 210 REQUEST FOR TREASURER'S RECEIPT TO: FINANCE DEPARTMENT, CASHIER DATE: ~\X\~ A~ J1~ FROM: CITY CLERK'S OFFICE PLEASE ACCEPT$ --"-'-'~------~\6~ FROM: \MN_ \') ~\/.) FOR:~ MAPS & PUBLICATIONS- 001-34106 OTHER CHARGES- CURRENT SERVICE&l-34110 CREDIT ACCOUNT NO. CIRCLED ABOVE BY ORDER OF \~ 211 CREDIT CARD TRANSMITTAL TO DAY'S DATE: \o •q~. 10\~ ATlli: ______ PLEASE ACCEPT $ -'-11.\Af-"6"'-'---.lfli___ _ NAME AS IT APPEARS 0:--J CARD: ~fp.;\\'rtJ' t> BUSINESS NAME IF ON CARD: N.t-Wf::2 QLV CREDIT CARD BILLING ADDRESS STREET ADDRESS: \ Iff\~ ~~ 2\o.l[ &:NAt ~0 1 FLOOR/SUITE/APT:.______ CITY: __'JA~r.:"-'lm,..~-----'---~"-'==------STATE: ~ ZIP: -----4~...,_1_.,_0]-+------ TELEPHONE NUMBER: ( ]\~ ) ~ • IQ\:;QJ 'f. a\\ EMAIL: ffi'o't= @ '{\Q.'fJ-h d , (.o'ffi.-- CREDIT CARD NUMBER: ~MasterCard, or Discover ONLY- Thank you.) EXPIRATION DATE: 0\ I ~0\io (Month/Year) PRINT: !\'A~ ~'{'._- SIGN: -~V=l'(~---v~--'-''no.._._bO....._,_. -----'(...... 2._,_\ _,___\----- ****INTERNAL USE ONLY*** TO: FINANCE DEPT FROM: ______DEPT: ______ INTERNAL ACCOUNT NUMBER TO CREDIT: ______ NOTES: 212