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Home My WebLink AboutLetters received after posting of agenda ,:,� �� ,.`a��p a,1 �� +� � � � �� r� ��f l C� ��r, ca ?OlO,q�G�S P�y 5, 0 3 �� o To the Honorable City Council City� of Palm Desert 73-510 Fred Waring Drive 1'alm �esert, CA 92260 RE: Publ"tc Hearing to cons�der remo�'Yug or modifying the ��No G�rocery Store" restriction at the shopping center located at 72-28q,�red 'VV'aring Drlve. Pu�lic He�ring Date August 26,ZOIO Dear Members of the Council: M�name rs Daniel Saparzadeh and I am one of the four owners af the shopping center located on 72655-72705 Highway 111 in Pa1m Desert�xrith`V'ons grocery store as the anchor tenant. This letter is in response to the proposed change in the use restriction on the shopping center located at 72-280 �'red 'V�aring bri�ve to a1lo�cxr for a grocery store. The proposed conversion of the old Mervyrt's store to allow�V'on's to reloc�te to this center�lI ha�ve a disas�rous impact on the e�zisting Palms to Pines cer�ter where Von's is currentl� located. Wh�1�fully acknowledging that the closed Me�vyn's store has had a major negati�e impact on ti�at center, changing the restrictions on the allowed us�s'�vithin that center will simply trar�sfer the economic irnpact from that center zo otu existing success�ill cen�er. The econornic Ympact of the potentiai relocation on this e�is�ing center is of major concem to us and to the entire tenan.t base in the center. The ch�nge in use does not impact only the'V'on's s��ce. There are 16 oCher smali and iocal famil�o�vned and operated businesses that will bc dc�astatcd by the relocation. N'ot oi1l��hat, the change in the use r�strict�on under consideration in cornbination�ith intended future modification to allow larger grocery stores in th� area will put our site in even more disadvantage and financial jeopardy, .I�.st because the restriction was "rnissed"in the due diligence b�the ne�v ovc+ner, doesn't mean it aoesn't exist. Tt does. The new owner and the realtar sho�uld ha�e been a�cyvare of it. Conditions of Approvai snd the operating rem�l�tions conta,ined in a project's ��95� SAN VIC�NTf BLVD., 5UITE 200 �.�5 ANGfLES, CA 90�49 r, a�a.aaz.booa F. 31 0.442.6002 approval a�e rn�tt�rs of public recard established b diligence is the obligation of the purchaser,not the cpublic actran. Adeguate due sornething was missecl, does no�mean that the error and financ�n;,�np�t hou1�beuse t.�a:nsferrec�to another e�is�ing�d successful business center�nd to the��li�es in�ol�ed. They axe a]ready in the city. The �ives ofthose familics and the success of those businesses shc�uld be seriously considered by the counoii in therr deIib�rations. The rmpacts to �xisting small businesses would be devastating�.d�e welfare of these farnilies of the owners ancl t,he employees snould be given the highest prioriCq that despite the current economical conditions ha�'e been a,b1E keep their doors c�pen and�nrai�ing for the t�me�t�l things ge��ed a,round. ��r your considera�ion, #he rem.ov� of the restrictio�prohibiting grocery sto�'es at the �Waning Plaza Center will noi generate new jobs; �e Von's employees�cri.11 likely tr�.sfer fro�n one cen�er to the other within the city. There can be no doubt, however, �hat the restriction remo�val �rill cause man�1oca1 families and small business owners at the Pa1.ms to pines centsr tfl clas�, As to ternporary construEctipn jobs, the Pa1ms to 1'ines center just underwent a major rcnavation j�t�o ye�.s ago. We have been daing our part_ The cot�aeiI is resp�etfully requested to d�n�r t,h.e app�ica�ibrn for t�ie removal of the use res#rict�on. The decision to da so is totall�discretion impact on e�isting businesses ar�d�vi11 t�arisfe�..economic imp�t from one centernri�e cit�to anothex at the e�pcnsc of a successfu1 cenier. The change to allow��g�r bro�e stores in the area wilt have an additional impact causing the cxis�ing center to be at a � disadvantage in any�'u.t,,r,re. Of ov�rwhel�ning concern, the remo�al of the use restriction wiIl cause terrible conseq�ences to the sma,11 business and the families impacted by the changE in the use restriction. This Von store is�ery success�l and#he only reason Vons p►uch�sed this site�as to eliminate a po�entiai compe�itor to co��an� open a nevu� grocery store. Tt�as purely a defensive and strategic move by Vons only. Your considered attention in this matter is respec�i�vely appreciated. Please do not approve the existing use rest�iction an th�War�n�CEnter Commercial Center. I can be reache t 31U-442-6QQ�O�ce or my ceC�31-709-7555. �te ` Daniel Saparzadeh, Managing Membe� 26,Del St,�re Paims �,�,� �:s N � � � ` � � ' � G 3 �z7" � ' ' �5-�ZS Manitau Drive, Suite 3 - irids�r� `u"�eli�A ��#� Phone 7�0.3�0.7F66 Fax 76�j76.�� Rc�t�;a��;crb�3�rnh�ir�er�� 3 --� �G7" ... - -n � �fi C,J D'n �D � � August 26, 2010 ; The Honorable Cindy Finerty, Mayor City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Agenda Item XVII B. Resolution 2010-68 Opposition to Removal of Supermarket Restriction at Waring Plaza Dear Mayor Finerty: This firm has the privilege of representing the tenants of Palms to Pines shopping center. Having just been made aware of this matter, I wi11 unfortunately be out of town during the Council meeting and ask that this letter be made a part of the record. The tenants of Palms to Pines rely extensively on the traffic generated by the anchor tenant of the center,Vons supermarket. While Vons has every right to leave the Palms to Pines center in accord with its own business interests, we have a number of concerns when the City of Palm Desert is asked to change the use and character of another shopping center in direct contradiction to its original approval of that center when the result would be trading one empty center for another in the City. It is troubling that the City of Palm Desert might change the rules without fair public input and debate. I understand the staff report was not made available to the public until August 24t", just two days before your Council meeting. Further, the removal of Condition No. 10 has not been reviewed by the Planning Commission, which could additionally allow for public input. We believe a Planning Commission hearing is required to change the conditions of approval. Significantly, the removal of Condition No. 10 from the Waring Plaza conditions of approval raises concerns that must be addressed by the California Environmental Quality Act. CEQA applies to discretionary projects approved by a city (Public Resources Code § 21080). Waring Plaza was subject to CEQA review in 1991 when it was approved. The scope of the development then was limited by the conditions of approval imposed by the City to properly mitigate the impacts of the project. Clearly the debate in 1991, as highlighted in the minutes from the Council meetings and attached to the current staffreport, reflect concerns of traffic, noise and other impacts with regards to a supermarket at this site. Removing the supermarket restriction undoubtedly creates new impacts at this center. These impacts go to the heart of CEQA. Just as the approval of the project iri 1991 was a discretionary approval subject to CEQA review, so too is ,a. .: ..�. , ; � ��BERT ,A. $ERNHFIMER � r 0;��'ts:J+t�3([:.��b'Cc?,'t70r�71iDC' The Honorable Cindy Finerty August 26, 2010 Page 2 today's discretionary removal of a significant condition. A supermarket at Waring Plaza will change the use of the shopping center in a manner not previously reviewed or mitigated under CEQA. Staff points out that CEQA will be analyzed when Vons brings back its application for a 57,000 square foot supermarket. However, if Condition No. 10 is removed without CEQA analysis, any supermarket that complies with the zoning code (up to 50,000 square feet) will be allowed at Waring Plaza. The discretion of the City will then be significantly reduced. There may not be an opportunity for CEQA review. Therefore, if Vons changes its proposal to a 50,000 square foot store, the application would conform to the zoning code and the shopping center revised conditions and public review might be limited. Condition No. 10 in the Waring Plaza conditions of approval is the critical element of the City's discretion that provides it both the control over future development and the reason why CEQA must be followed now. Given the significant impacts to the businesses of Palms to Pines, the lack of opportunity for public input to date and the failure to comply with CEQA,we ask that the City deny the request to remove Condition No. 10 from the Waring Plaza conditions of approval. Cordially, Robert A. Bernheimer cc: Jim Ferguson, Mayor Pro Tem Jean Benson Bob Spiegel John Wolmuth, City Manager Lauri Aylaian, Director of Community Development Dave Erwin, City Attorney Michelson, Wilma From: Jessica Jimenez[jjimenez@naicapital.com] Sent: Thursday, August 26, 2010 12:34 PM To: CityhallMail Subject: [NEWSENDER] -Von's - Case#PP90-13 Attachments: Palms To Pines Ltr to PD City Council dtd 8-26-10.pdf On behalf of GT•eg 'Lirronerman please see belotv. Thank you, Jessica Jessica Jimenez O�"zce Manager ,�, �, 74-i99�1 Paseo Suite io;3 � �:.� Palin Desert,CA 9226o z,,, �'-�� C r��;� G� -��,w Tel(�60)346-i566 F.xt io tv ��t; o^+ ��r�; Fax(�60)346-1309 cn�._. ajiinenez c�.naicapital.coin -� ��"""� � ��m _ C7 � C)-rs � ' ��y�� ■S.CD�Ob Prc>fessbnats O D Cj �� i 325 Offioaa � t*� ■55 Co�ntrles ��d��s��e.�dw�d�. r 204�Million SF vf PrQperty RAanagement �t�C�� L�;��r�.w��C�z�a884t� ■$45�BIIUan�r Annual Tranaactlon Yobum� If this crna(I is witli r�ec�ards to a transac.tlon, infarmatian andJor opinions exC�ressed herein have b�en prov(c��d by a pr��ir7cipal or pri��ciE�ais in the Yrans�ction, their re�resentative or representatives or other third party sources. No warranty as to th� ar_curacy or cor�lplete��ess of the inforination and/or opinions or capability of the individual providir7g such informatiora and{or��lr7ions is interzded. Such informatio�7 and/or opinions shouici be independently investigated and evaluated and may not be a �asis fc�r liability of P�IAi C�pit.al, 1'nc. or lt5 �gents. �,,�j Please consider the envfronment before printing this message From: Greg Zimmerman [mailto:gzimmerman@naicapital.com] Sent: Thursday, August 26, 2010 12:21 PM To: 'Jessica ]imenez' Subject: Von's - Case #PP90-13 To All That It May Concern: As a supplement to the letter that was delivered by Mr. Robert Bernheimer, I was asked to prepare a letter on the behalf of certain Palms To Pines tenants, and where possible, obtain signatures. As this was very last minute, I was not able to obtain 100%, but that is primarily because some businesses required off-site company officers to sign (forthcoming), others were out of town on vacation and two were closed when i visited. Clearly, it is an assumable fact that a dark anchor space, ESPECIALLY a supermarket, will adversely affect shop tenants in the vicinity. Thus the points addressed in the letter are not heavily based in opinion. I hope that you will not mind if I follow-up with additional signatures in the very near future. Certainly,you are free to contact me regarding issues at Palms To Pines, or shopping center leasing issues in general. Thank you for your attention to this matter. Greg Zimmerman Vice President Retail Leasing/Sales 1 DRE#01050335 74-199 EI Paseo Suite 103 Palm Desert, CA 92260 Tel(760)346-1566 Ext. 15 Cel (760 673-9030 Fax(760)346-1309 gzimmermanCa�naicapital.com ��, 1� ' ��i �� ■5.Q00 Profaaslon�is �32�s tJfficea ■55 Cr,untrles s�_h��'�7111tTI+Blt,ad F$�i�S�M1iD9v,yAh�ld'WId9. ■268 Ad'allion SF of Prope�iy fufanag�ement C'.A C�i�� L�cer�s�tt��a€�r+38�ra ■$45 Bii�lon ai�nn ual T�ansaotlon V4lume �-�Please�consider the environrnent b�fore prinYing this message. If this einail is with regards to a transaction, inforrn�tion and/or opinior3s expressed herein have been �rc;vided t�y � principal or princlpals li7 kh�e transacCion, their repr�sentakive or representatfves ar other third party sources, No warrar�t.y as to the accuracy or compieteness of th2 information and/or opinions or capabi(ity of the ir�divfdE�al providing such informatiafi and/or ppinlons fs intenderl, Such informaCian and/or opinions shouid be independently investic�ated and evaluated and rn�y not b� a f�asis for liability oF NAI Capital, Inc. or its ayents. 2 TENARITS OF PALMS TQ PINES SNOPPING CENTER August 2b, 2010 To: The Honorabie C�ty Counci( Ci�y of Patm Desert 73-510 Fred Waring Drive Palm Desert, CA 9226Q We the small business owners at the Palms To Pines Shopping Center are requestfng that the City Council d�ny the application for the removal nf the use restriction which naw prohibits grocery stores at the Waring Plaza Center. We as small business owners rely on tk�e faot traffic that is generated by the Von's Grocery store to heip support our businesses. If the Von's stare is allowed to relocate to the Waring Piaza Center, our businesses wif! suffer greatly. It is apparent that the Van's Corporation has little or no concern for the remaining sixteen plus tenants that wili remain in tFre Palrns to Pines Shopp(ng center after Von's relocates. In addition to the loss of foot tra�fic, the center wrill not be an appealing piace to shop with the Von`s store clased and an empty parking lot. We have witnessed severai cer�ters over��re past �aupfe of years lase their major anchor tenant and the center has suffer�d great�y. New smal! businesses do nat move into the center and most of'the smaE� b�slr�esses are force to close their doors. P(ease sincerely consider deny�ng this reqc�est, yc��r��te against thbs request will te{I the smaCf business awners in Palm �esert that you, as a governing body, are concerned about our wekfare artd future. Thls approvaR wili not bring new jobs to our city, but wi!! be instrumenta! �n hurting the existing small business now in existence, effectively reducing jobs. In lieu of a future approva{ for PP 90-13, we wou(d ask that council somehow add language that woutd make it absolutely necessary far Von`s to da everything within their power to help faci{itate a lease with a replaceme�tt gracer. I think that we've all seen examples in the past where departing g�racers did the exact opposite, so as to keep competitors out af the trade area. Lastly, we merely ask that caunci! take into consideration the future status af the Palms To Pines sha��ing center and �ts t�r�ants when making this decision. _ _ Thank you for listening to our concerns and request. TENANTS OF PALMS TO PINES Busines : 7 u� By: Its: Buslness: �� ..{F't.�htk'S' By; 1��t��arz-i� ,.. t�... Its; _ (,�'r.��f� t��"cc�°';., Busin s: � ��1.St1 �L�t7(t,( ��t�' By: u" V� r � ov► � �5��". Its: r1 � ' Business: Gt�iFad� T1i-�tJ£�t,--� By: _ P�rn-�c.iC. [`r.c�F�_ , Its: _ a��n- Business: +6d � �.S�''►��% By: � �2A _ _ __ Its: O W�+'� Bu5i11�S5: � �/�v1 ,l��,S��' ��, C,�C �y: � �' ItS: f�ld-'h Qr' Buseness: By: Its: Business: �y: Its: Business. By: rt�: Buslness: ey: Its� Business: By: Its: Buslness: By: Its: ��,��:�'��Q UIT Y t�?�.�CK'a �FFICE August 17, 2010 �'"��-� ��T� C�', �QiO AUG 26 PM 1� 08 The City of Palm Desert Palm Desert Civic Center 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: Proposed New Vons NEC Fred Waring and Hwy 111 Waring Plaza Honorable Mayor and Council Members, My name is Andy Weigel, and I am a managing partner for Realty Trust Group. We have proudly owned the majority of the parcels that comprise Waring Plaza for the past two decades. We are responsible for managing the common area for the entire center on behalf of the various parcel owners and merchants, including the largest parcel now owned by Safeway. I am also proud to have been a full time resident of Palm Desert for 17 years, where our family continues to own a home and spend much of the winter to this day. While we were not a legal party to the recent acquisition of the former Mervyns by Safeway, we positivelv endorse and recommend the citv's full cooperation be given to Safeway in their relocation, expansion, and improvement of their flagship Hwy 111 grocery store. Of course we are all aware that your decision tonight will have a direct impact on the future of scores of merchants, some negatively, but many more positively. Waring Plaza has over two dozen merchants eager to see the city vote in favor of Vons tonight. But more than that, what is at stake: • The future of one of the most visible retail corners in the desert is at stake. • The future of the lar�est retail vacancv in the city is at stake. (Largest by a factor of 2) • The challenge of ineeting the chan�in� needs of the marketplace is at stake. • The encouragement of si�nificant investment, construction, exqansion, and improvement is at stake. • The opportunity to visiblv improve the�atewav to the citv from the West is at stake. • And of course,the opportunity to increase taxable income for one of the citv's lar�est retailers is at stake. Few merchants in this economic climate are willing to invest, to expand, and to change with the times to survive as Safeway is wisely asking to do.Those merchants who do so not only survive, but reposition themselves to better serve their communities. Those who can't are forced to stagnate or simply close their doors. Many you will hear from tonight are here out of fear of losing tenants or losing business. We know.We are truly sympathetic to that, because we too have been there. In the mid 90's this council voted to allow Desert Crossing to relocate Circuit City across the street from Waring Plaza. We didn't like it either. Page 2 of 2 Palm Desert City Council Vons Expansion The decision was made, it seemed at the time, unfairly, even contradicting a resolution this council voted on restricting that developer from relocating any existing businesses within the city at that time. In the short run we were hurt. But in the long run the more important needs of the community were being met and we were asked to adapt as well. Circuit City needed to double their space and in retrospect the decision to relocate them better served the community from both centers for the next 15 years. We survived, we adapted, and we brought in a more appropriate tenant for that space,The Alley, which has been a real asset to the community. With the encouragement to reposition and redevelop their center, Palms to Pines West too will survive and adapt and improve as well. In the end,your decision tonight should not be about preserving the old, but making room for the new. It's not about what is in the best interest of the few, but what is in the best interest of the community. How are those decisions best made?The marketplace makes those decisions. Operating at its best, local governance manages and reasonably cooperates with what the marketplace is asking for. What is the market asking for?A bigger, newer, better located, more highly visible grocery store. Surely our city will support this. Surely, if our city doesn't, another nearby city will. If you want grocery stores in Palm Desert to survive, don't let them suffer the slow death of keeping the status quo. Please, weigh what the market today, not two decades ago, is asking for. Weigh it against the voices of those seeking to preserve the status quo which may not be in the best interest of the larger community. Weigh it, and give Vons the ability to invest,to expand,to survive, and to improve their service to our community. To that end, we pledge our support, our cooperation, and our own capital improvement dollars on the adjoining parcels we own,to see this highly visible corner revitalized and repositioned with the pride of ownership Safeway is asking you for. Respectfully, Andrew Weigel, CCIM, CPM VP Real Estate Realty Trust Group -- Michelson, Wilma From: Reza Syed [syedreza01 @msn.com] Sent: Thursday, August 26, 2010 1:29 PM To: CityhallMaif Subject: [NEWSENDER] -VONS RELOCATION Honorable city council, I the small business owner at the palms to pines shopping center am requesting tha the city council deny the application for the removal of the use restriction which now prohibits grocery stores at the waring plaza center. we as small business owners rely on the anchor stores like Vons. If Vons moves out of this shopping center Our business will be highly effected, due to not having enough foot traffic. as we have seen other centers where an anchor store relocates and how the small businesses suffer greately some do not even manage to stay open. please sincerely consider denying this reuest. Your support to us will make us feel that you are concerned about our welfare and future. thank you for listening to our concerns. thanks, Syed Reza � :� � q �".� � �-�: P` '� ��r i N G l+i� � ��"Y'7 r+t � ��i�°t -i av N �� . A� N m 1 Michelson, Wilma ��w��°�D Pd(.�€ t}£SERT', CA From: c7761000@aol.com Sent: Wednesday, August 25, 2010 5:16 PM 20�� A�� M To: CityhallMail z� 38 Subject: [SPAM]-att.: honorable city council Ref Public Hearing to consider removing or modifying the no grocery store restriction at 72 280 Fred Waring Dr. From Patrick Crofoot, of Crofoot Travel I am writing you to express my concerns with Vons grocery store's request to amend restrictions at 72280 Fred Waring Dr. We have been at the Palms to Pines complex going on 4 years, and moved here for the main reason that Vons brings in a lot of foot traffic for our office. In that time we have followed all rules of our lease and the city ordinances. My understanding is that Vons has purchased the old Mervin's building with the purpose of moving to that location, breaking their contract where they are currently. I find it very bold and self rightous to purchase a building which has a no grocery store restriction, expecting the city to amend or remove that restriction. It was obviously put into place for a reason. They have no regard for the other small businesses that have opened at Palms to Pines based largely on their draw to bring in the public and generate business. If it were at a time when their lease obligations were expiring it would be more understandable. But they wish to break their promise and agreement and then expect the city to ammend its own restictions to placate them. I hope the city council would stand up for the small business owners that have kept their contactual agreements and make Vons do the same. respectfully submitted � Patrick Crofoot Owner Crofoot Travel 72695 Hwy 111 A7 Palm Desert �