HomeMy WebLinkAboutSelberg - Dear Palm Springs Planning CommissionFrom:David Selberg
To:Planning
Cc:David Selberg
Subject:Dear Palm Springs Planning Commission
Date:Wednesday, July 24, 2024 9:55:41 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 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.
David Selberg,
Mesquite Country Club
David Selberg (he/him)
Chief Executive Officer
P.805.563.8820 x106 F.805.563.8821
2050 Alameda Padre Serra Suite 100
Santa Barbara, CA 93103
www.hospiceofsantabarbara.org
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