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Home My WebLink AboutF Scott - 7_24 meeting re_Mesquite CC HOAFrom:Frances Scott To:Planning Subject:7/24 meeting re:Mesquite CC HOA Date:Wednesday, July 24, 2024 11:36:33 AM Attachments:Planning Commission .pdf NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. I, Frances Scott, agree with Ms. Knapp’s attached letter to delay any decision on the items to be discussed today. I have owned my home Unit O-106 since 1994 and hope to continue to enjoy my peaceful home setting, surrounded by nature and world-class views. Respectfully submitted, Frances E. Scott Sent from my iPhone 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 flnancial contributions to area non-proflts. 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 fiexibility and open minds, obstacles can be overcome so the flnal 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 fllled 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 Modiflcation. 1. Can a project that requires at least $7 million dollars to come to fruition realistically be simply a minor landscape modiflcation? 2. Can a project never implemented anywhere in the middle of a densely populated urban area be simply be a minor landscape modiflcation? 3. Can a project that has the potential to negatively impact the proper ty values of 1800 nearby homes simply be a minor landscape modiflcation? 4. Can a project that has already brought in numerous truckloads of boulder piles fllled 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 modiflcation? A minor modiflcation 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 beneflt 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 flled 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 notifled flrst 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. Angie Fiechtner Knapp, Mesquite Country Club Owner