HomeMy WebLinkAboutM Azzarella 2 - To_ Subject_ July 24 Agenda Oswit Land TrustFrom:Michael Azzarella
To:Planning
Subject:To: Subject: July 24 Agenda, Oswit Land Trust
Date:Wednesday, July 24, 2024 8:31:53 AM
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To: Planning Commission at planning@palmspringsca.gov
Subject: July 24 Agenda, Oswit Land Trust
I strongly encourage the Planning Commission delay a decision on Oswit’s request
for a minor
amendment to PDD 153 to convert the former Mesquite Golf Course to a nature
preserve. I
suggest it is premature.
I commend Brad Prescott for his extraordinary financial contributions to area
non-profits. I also
commend Oswit for its efforts and commitment to land preservation. However, the
Oswit entity is
very new and has no proven experience for what it has planned. According to Oswit’s
grant
application and media statements, no one does because no one has put a
nature/wildlife preserve
in the middle of a decades old, high density, urban area.
I believe with the City, surrounding neighborhoods and Oswit working together with
flexibility and
open minds, obstacles can be overcome so the final outcome is win-win for all parties
concerned.
I support a preserve in concept, but I believe it is premature and have concerns for
the
following reasons:
1. Original Intent. Purchase Agreement was originally between two real estate
developers.
Seller-Palms Partners, is a real estate developer. Buyer, a Prescott Apartment
Company,
is owned by Brad Prescott, a real estate developer.
2. MOU between Prescott and Oswit has a clawback clause under Article 10.
Frustration of
Purpose. Prescott can take property back. What if he does for good reason, sells to a
real estate developer and donates the money to another project like the Plaza
Theater?
Golf Course Conversion Ordinance would be unenforceable by then.
3. Golf Course was open and golfers playing it until Buyer contractually required
Seller to
close the golf course just days before sale. Sale closed 2 years ago, not 3. Most of
public
believes the false information that the course was closed and abandoned long before
sale
and the sale rescued it.
4. When Oswit announced the acquisition, it told the public it would be Central Park
West.
Much public support comes from people believing it will be a green grass park like
Demuth.
5. Contrary to what the public believes, the property was not rescued from being filled
with
housing. PDD 153, Golf Course Conversion Ordinance, and Mesquite Country Club
90 year
Lease Agreement prevent.
6. Prescott and Oswit contractually agreed as condition of sale that neither would
oppose
housing plans by Seller for the parcel he retained. Seller already in discussions to put
up
several rental apartments.
7. Puzzled that a permit can be granted for an entire parcel when Seller retained
portion of that
parcel, it has not been subdivided and Seller is applying for a housing permit.
I respectfully disagree this is a simple Minor Landscape Modification.
1. Can a project that requires at least $7 million dollars to come to fruition realistically
be
simply a minor landscape modification?
2. Can a project never implemented anywhere in the middle of a densely populated
urban
area be simply be a minor landscape modification?
3. Can a project that has the potential to negatively impact the property values of
1800 nearby
homes simply be a minor landscape modification?
4. Can a project that has already brought in numerous truckloads of boulder piles
filled with
painted concrete debris, without a permit, that people connected to Oswit have
publicly
posted are for the purpose of giving coyotes hiding places just a few feet away from
homes,
simply be a minor landscape modification?
A minor modification doesn’t address life/safety issues of the plan.
1. Has an independent wildlife expert been consulted to ensure the design minimizes
potential for human-coyote interaction for the benefit of humans AND coyotes? There
are
documented incidents of hungry coyotes attacking dogs near/on the City bike path
easement.
2. What is the City’s liability if a child gets attacked walking on the City bike/walking
path
easement?
3. Has design been evaluated for neighborhood protections under the federal Clean
Air Act?
Humans with COPD, asthma, valley fever concerns.
4. Has City considered impact of increasing traffic through the Desert Chapel
elementary
school property with the new Information Center?
Finance/Compliance Questions and Concerns:
1. The County just filed a tax lien against Oswit for the preserve parcel it subleases
from
Sunshine Villas. The Dec. and May real estate taxes are also past due with penalties
accruing on all the other parcels except New Mesquite leased parcel.
2. Oswit has been delinquent with the CA Attorney General since Nov 15, 2023. It
was notified
first by form postcard and reminded by letter May 2024, it is not to solicit funds while
delinquent. However, the Oswit website has remained open for donations and Oswit
has
actively solicited donations in its newsletters.
3. No grant money to restore appears to be on the horizon for restoration and grant
agencies
don’t generally fund operating expenses.
4. Oswit expected the MCC HOA to continue $250,000+ annual payments under the
HOAs 90
year lease related to a golf course. MCC proceeded to litigation.
5. Many of us believe the current condition of the property violates the following PS
Municipal Codes:
11.72.170 - Property Maintenance
11.72.170(a) - Economic Welfare, Residential Attractiveness, Community
Character
11.72.170(b)(5) - Irrigation systems for planted area.
11.72.170(c) - Dead, decayed trees etc. Harbor rats/vermin. Fire hazard.
11.72.170(d) - Substantial lack of maintenance...viewable from by the public
and neighboring properties.
11.72.060 - Polluted Water...Algae
8.80.120 (2)(4)(5) - Blight
Thank you, Michael Azzarella 505 S. Farrell #G-39 Palm Springs 760-333-9599