HomeMy WebLinkAboutM Stevens - Re Oswits amendment requestTo: 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 for the opportunity to provide input. I appreciate the difficult position the City staff and
Planning Commission are facing. I thank all for the time and thought they have approached the
project with. This is a very unique set of circumstances with no precedent anywhere else to guide.
Mark Stevens
Mesquite Country Club Home Owner