HomeMy WebLinkAboutPublic Comment- Item 2BFrom:Greg Thomas
To:City Clerk
Subject:Resident Comment City Council Agenda Item 2B: New Mesquite/Desert Chapel Appeals
Date:Thursday, September 12, 2024 4:37:14 PM
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Resident comment for 9/12/2024 City Council Agenda Item 2B – In Response to SSNO letter
To: Palm Springs City Council
Re: Sonora Sunrise Neighborhood Organization/ New Mesquite/Desert Chapel Appeals
My name is Greg Thomas. I’m a full-time Palm Springs District 4 resident and owner of a condo
in Mesquite Country Club.
I would like to commend Planning Department staff for their professional, unbiased handling
of OLT’s application for a minor modification to the original 1984 Mesquite Planned
Development District landscaping.
I urge council members tonight to reject New Mesquite HOA and Desert Chapel’s appeals of
Planning Commission approval of OLT’s minor landscape modification to PDD 153.
Scores of residents had no problem letting the Planning Commission know their views in July,
and I find it telling that New Mesquite and Desert Chapel did not seem fit to participate then.
Quoting Planning Department staff, 128 pieces of correspondence were submitted to the
Planning Commission on this exact topic. Eighty-seven of those letters were in support of the
landscape change to the Mesquite Planned Development District, while 34 were against.
By my count, 70 of those letters were from my fellow Mesquite Country Club owners; the
majority of those MCC writers supported Planning staff recommendations on Prescott
Preserve.
Every single resident concern addressed in written submissions to the Planning Department in
July were addressed in detail by staff prior to commission unanimous approval. All concerns
were addressed by conditions the commission placed on OLT.
But to some who claim to represent the interests of hundreds of Palm Springs property
owners, that wasn’t good enough.
Sonora Sunrise Neighborhood Association claims to represent 1800 members who combined
own a supposed quarter billion dollars of property.
Those are impressive numbers. If they were true.
I’m a member of the Sonora Sunrise Neighborhood Organization by default… just by owning a
home within its self-proclaimed boundaries.
For the record, my opinion or those of my neighbors regarding Prescott Preserve has never
been sought by the Sonora Sunrise Neighborhood Organization board.
Not once.
09/12/2024
Public Comment
Item 2B
There’s been no survey of 1800 members. No votes among 1800 property owners. No
community meetings soliciting resident input. No email blasts informing the 1800 what the
board is doing. No newsletter articles. Nothing.
I know of no efforts by SSNO board members to gauge property owner opinion on this matter in
any form.
I also know of no effort SSNO has taken to inform its 1800 members what their board is doing,
such as writing controversial letters objecting to Planning Commission action in support of
these appeals.
I think that’s wrong.
This is not representation. To me, it smacks of attempts to manipulate this City Council by
misrepresenting public opinion. Please take what SSNO says for what it is worth.
Some final observations about SSNO:
SSNO board members are not elected by the 1800 property owners they claim to represent.
Local HOAs do not appoint members to the SSNO board.
There is no general election with secret ballots sent to 1800 property owners on issues or
board positions.
There are no candidate forums. There are no public campaigns.
And....I know for a fact the SSNO letter in your packet tonight was not shared with my full
Mesquite HOA board of directors, nor was there input sought. I hope that concerns council
members as much as it does me.
Again, I remain impressed by the professionalism of the Planning Department staff, I thank
them for it, and I urge council members to follow their expert, unbiased recommendations and
deny New Mesquite and Desert Chapel’s appeal.
09/12/2024
Public Comment
Item 2B
From:Oscar Flink
To:City Clerk
Subject:RE: Council Agenda Item 2B, reject appeals to Mesquite PDD 153
Date:Thursday, September 12, 2024 2:04:17 PM
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Dear City of Palm Springs Council members,
I admire the difficult job you face, to keep an entire city running properly and happy.
I live in the Mesquite Country Club (MCCHOA) for almost 4 years, with my wife and 2 year
old daughter. I believe the appeal that Sunrise Sonora Neighborhood Association (SSNA) and
Desert Chapel is not filed in good faith as it is not officially supported by a majority of
members of the SSNA.
Our HOA has spent nearly $1M suing the new owners of the “golf course” now know as the
Prescott Preserve. This lawsuit was never agreed on by a majority of the HOA, never voted on
and every single full time neighbor I speak to prefers a preserve to a decaying and abandoned
golf course.
Some of my neighbors and I noticed an important discrepancy in opinions regarding this
matter, those who vehemently oppose the preserve could not even register to vote in Palm
Springs municipal elections as they are not full time residents, they don’t even pay taxes in
California.
They want the local population to suffer from drought and water consumption limits so that
they can see manicured green grass for the 2-3 months per year.
Pleas consider the city’s residents, how a preserve will attract a much wider audience than a
golf course, how a natural habitat for indigenous flora and fauna is the right thing to do when a
failed golf course cannot find a buyer or a profitable future.
Thank you for your time.
Kind regards,
Oscar Flink
09/12/2024
Public Comment
Item 2B
From:tpritzker@earthlink.net
To:City Clerk
Subject:(CASE 5.0303-PD 153). APPEALS BY THE NEW MESQUITE HOMEOWNERS ASSOCIATION AND DESERT CHAPEL
OF THE PLANNING COMMISSION DECISION TO APPROVE A MINOR AMENDMENT TO PLANNED DEVELOPMENT
DISTRICT (PDD 153) TO ALLOW THE RESTORATION OF APPROXIMATELY 90 ACRE
Date:Thursday, September 12, 2024 12:50:20 PM
Attachments:PS City Council Appeal By NMHA.pdf
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PLEASE INCLUDE FOR TONIGHT’S MEETING REGARDING APPEALS BY THE NEW MESQUITE
HOMEOWNERS ASSOCIATION AND DESERT CHAPEL OF THE PLANNING COMMISSION
DECISION TO APPROVE A MINOR AMENDMENT TO PLANNED DEVELOPMENT DISTRICT (PDD
153) TO ALLOW THE RESTORATION OF APPROXIMATELY 90 ACRES OF THE 120-ACRE
FORMER MESQUITE GOLF COURSE AND COUNTRY CLUB SITE INTO A NATIVE DESERT
HABITAT AND NATURE PRESERVE
Tom Pritzker
612.819.4543
tpritzker@earthlink.net
09/12/2024
Public Comment
Item 2B
Thomas B. Pritzker Mobile: 612.819.4543
999 A Arlene Drive E-mail: tpritzker@earthlink.net
Palm Springs, CA 92264
September 12, 2024
Palm Springs City Council
c/o City Clerk
RE: Planning Commission Approval of “Minor” Plan Amendment, Case 5.0303-pd-
153 on July 24, 2024
New Mesquite Homeowners Association, Landowner re
APNs: 502-560-033, 034 & 039, and 502-562-074 & 075
Dear Council:
I am a homeowner, part of New Mesquite Homeowners Association (“NMHOA”). It is my
understanding that the Planning Commission on July 24, 2024, approved a “minor” plan
amendment to Planned Development District (PDD 153), based on the application and/or
request of the Oswit Land Trust (“OLT”).
I respectfully ask that the City Council support the appeal of the above-described
Planning Commission approval for the following reasons:
Legal Rationale:
I do not think the planning commission is properly following the city code requirements in
approving this as a “minor” plan amendment. Also, Oswit failed to inform the City of
NMHOA’s ownership and did not seek NMHOA’s consent BIA/landowner’s consent
requirements related to a different portion of the Oswit golf course land that it holds
pursuant to a sublease on BIA land. Also BIA land use cannot be changed with approval
of the BIA/landowner as to that parcel that is under BIA jurisdiction.
A portion of the land covered by PDD 153, including assessor parcel numbers (“APNs”)
502-560-033, 034 & 039, and 502-562-074 & 075 (“NMHOA Land”), is owned, not by OLT,
but by NMHOA. NMHOA did not make application for any amendment to the plan (PDD
153) and did not consent to or join any application or request from OLT, nor did NMHOA
authorize OLT to request such a plan amendment on its behalf.
OLT holds certain rights to use the NMHOA Land as a golf course, under the terms of (i)
a Sublease dated October 14, 1983, which sublease was approved by the Bureau of
Indian Affairs, on November 9, 1983, and filed for record with the Riverside County
Recorder on January 13, 1984, as Instrument No. 8390 (“Sublease”), which covers the
portion of the NMHOA Land (APNs: 502-560-033, 034 & 039), and (ii) an Easement
Agreement dated November 10, 1983, which agreement was approved by the Bureau of
Indian Affairs on November 10, 1983, and filed for record with the Riverside County
Recorder on January 13, 1984 as Instrument No. 8391 (“Easement”), which covers a
portion of the NMHOA Land (APNs: 502-562-074 & 075); However, OLT has no right to
use the NMHOA Land as a preserve under the terms of the Sublease or Easement.
It is our understanding that part of the “minor” plan amendment would change not only the
09/12/2024
Public Comment
Item 2B
landscaping but also the use of the property from golf course to preserve. The change of
use from golf course to preserve would appear to materially change the original intent of
PDD 153, and thus should not be considered a minor modification. Before any changes
to PDD 153 are made, a complete application and public hearing should be held to deal
with the entirety of the land covered by the original approved Planned Development
District (PDD 153) with public hearing notice going to all neighboring property owners in
accordance with Palm Springs Zoning Code (PSZC) Section 94.03.00. The disposition of
the entirety of the original PDD boundary should be included in any application and an
owner of only a portion of the land included within the PDD boundary should not be able
to force its desired changes as to owners of other portions of the land without their consent
and approval.
Undue Influence, Flaunting of Process and Fairness Rationale:
Jane Garrison/Oswit has heavily lobbied the city council and done so without a balanced
and fully fact-based approach that would have disclosed ownership and lease
entanglements, legal challenges, funding obstacles, adherence to timelines while also
disregarding ownership status and approval to occupy unowned real estate on the site
and make improvements to the land by bringing in landfill and planting trees.
Further, Oswit has disregarded and failed to follow the city’s review and approval process,
often brazenly ignoring requests for information or clarification of the cursory information
already submitted.
In dealing with our HOA, Oswit has operated with arrogance and the belief that we will see
such value in the preserve concept that we will sell our land – one of the HOA’s most
valuable assets – for a price significantly below market value. They expect term us to fund
the purchase with a long-term payback period and embrace their offer without any
specifics on critical issues such as default, landscaping and maintenance of our border to
the preserve, etc. We have made repeated efforts seeking counteroffers and clarification
of terms, all of which have been ignored or responded to with platitudes and visionary
statements lacking any real specifics.
In closing, I want to be clear, that conceptually, I support the idea of the preserve and
would love to see it successfully come to fruition. To achieve that, the city council must
ensure that Oswit follows the established process to meet its goals. The council must also
consider the opinions of other key stakeholders including property owners that represent
a significantly larger interest than Jane, herself, and those supporting the preserve
concept. Beyond what it does with the regulatory bodies, Oswit much bargain and buy in
good faith. Their overall approach to building goodwill with important stakeholders has
been seriously lacking in my opinion.
Cordially,
Thomas Pritzker and Joanne Sunquist
999 A Arlene Drive, Palm Springs, CA 92264
New Mesquite Homeowners Association
09/12/2024
Public Comment
Item 2B
From:Arthur Macmillan
To:City Clerk
Subject:City Council Agenda 2B for 9/12/2024
Date:Thursday, September 12, 2024 12:43:33 PM
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Dear City Council -
I am a 36 year full time resident of Mesquite Country Club Condos abutting the
Prescott Preserve.
I am requesting you DENY the appeals of New Mesquite and Desert Chapel.
Thank you.
Arthur MacMillan
2001 E. Camino Parocela #K77
Palm Springs, Ca. 92264
760 218-3775
09/12/2024
Public Comment
Item 2B
From:Abby Winston
To:City Clerk
Subject:Approval of OLT"s minor modification application
Date:Thursday, September 12, 2024 12:17:19 PM
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City Council Members,
I just received a copy of the letter sent to the PS City council from the Board of the Sonora Sunrise
Neighborhood organization (SSNO). This letter was signed by the Board of SSNO and refers to the HOA
Boards they represent. However, I am on the MCC HOA board and I can assure you I was not contacted
by anyone from the SSNO for my opinion. I 'm also one of the 1800 residents that live within the
boundaries of the SSNO and again I was not contacted and asked my feelings about the preserve.
While I am upset by the fact that the city did not required OLT to create an operating endowment with a
specificed amount of funding before they were allowed to destroyed the beautiful open space that I live 5
feet from I am also not opposed to the approval they received. While I believe there should hve been
more done to stop OLT from making chnages on the property until they had that approval. The damage is
done and can't be fixed.The planning staff and the commission did a very good job reviewing all the
comments and trying to address all of the neighbors concerns and now it is time to move this project
forward.
This is my personal opinion not the opinion of the Mesquite Country Club HOA Board of which I am a
member.
Thank you,
Abby Winston
09/12/2024
Public Comment
Item 2B
From:Janet R
To:City Clerk
Subject:E-Public Comment
Date:Thursday, September 12, 2024 12:11:38 PM
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Hi, I understand there is a city council meeting tonight. An item on the agenda is the reversal
request from SSNA for your approval of the OLT modification. This is ridiculous. You spent
such care and fully discussed this issue. Your thoughtful, measured decision reflected the time
and wisdom the council shared. It was not a "slam, bam" decision at all. It is unbelievable to
me that the SSNA is fully represented in the letter requesting review. I am sure it reflects only
a handful of spiteful people, whose values are completely unhinged from reality.
I urge you to stay true to your collective decision made earlier and not bend to the noise in one
corner.
Thank you,
Janet Rothfels
Douglas Warden
505 So. Farrell Drive
Palm Springs, CA
09/12/2024
Public Comment
Item 2B
From:Cindy cooper
To:City Clerk
Subject:Mesquite HOA support
Date:Thursday, September 12, 2024 12:07:41 PM
Attachments:New Mesquite HOA Lawyer Appeal City Council.pdf
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To PS City Council, co City Clerk
As an owner of three condominiums, in the Mesquite HOA, I wish to show my support of the
appeal represented by Schlecht Shevlin & Shoenberger. See attached letter.
Sincerely,
Cindy Cooper
Phase 2- D20, 21, 22
09/12/2024
Public Comment
Item 2B
From:Mesquite PSCA
To:City Clerk
Subject:9/12 City Council Mtg. Christy Holstege Recusal Prescott Preserve
Date:Thursday, September 12, 2024 9:59:19 AM
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unless you are sure the content is safe.
Dear City Council,
It may be pure hearsay, but we have been told that Jane Garrison from Prescott has
made contributions to Christy Holstege in the past.
If so, we assume she will recuse herself from discussing and voting on Agenda Item B,
CASE 5.0303-PD 153 at tonight's meeting. Along with the Riverside DA ruling that her
primary residence is not in Palm Springs as required to serve on the Council.
Thank you,
Mesquite Concerned Homeowners
09/12/2024
Public Comment
Item 2B
From:Thomas Ledwith
To:Lisa Middleton; Christy Holstege; Grace Garner; Jeffrey Bernstein; Ron deHarte; City Clerk
Subject:Meeting Tonight Oswit city council
Date:Thursday, September 12, 2024 9:40:16 AM
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To All ,
I hope none of the Palm Springs City Council received "any" political donations to their
campaigns from Oswit or Jane Garrison? If so please recuse yourself from voting on Oswit
matters .
Sincerely,
Thomas M Ledwith
Sent from my T-Mobile 5G LTE device
09/12/2024
Public Comment
Item 2B
From:Tom Bagby
To:City Clerk
Subject:Prescott Preserve, Item 2B
Date:Thursday, September 12, 2024 8:47:49 AM
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unless you are sure the content is safe.
Dear councilmembers,
I am writing this email regarding item 2B on the council agenda for 9/12/2024. I am a single
family home owner in the Little Beverly Hills neighborhood, immediately next to the
proposed Prescott Preserve.
I strongly encourage the City Council to reject the appeal and affirm the decision made by the
Planning Commission in approving the proposed minor amendment to Planned Development
District 153 as requested by Oswit Land Trust. I am excited about Oswit's plan for this long
defunct golf course.
Sincerely,
Tom Bagby
09/12/2024
Public Comment
Item 2B
From:michael Teagle
To:City Clerk
Subject:Comment on item 2b OLT minor landscape Modification
Date:Thursday, September 12, 2024 8:17:49 AM
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To: City Council:
Re: Agenda Item 2B
From: Michael Teagle
I have been the owner of a Mesquite Country Club condo for more than 23 years.
I have watched the golf course slowly decay year-after-year, watching fewer players take to the
course. Over those years the demographics in Palm Springs have significantly changed to the
point where I do not believe that an 18-hole course at Mesquite Country Club can be profitable.
This is the reality and the hard decision with which we are now faced. If we can all agree that
there are many market challenges making it hard to prop up a golf course, and if we can all agree
that the primary goal is to keep the former Mesquite golf course as open space, our choices are
extremely limited.
Property ownership from a land trust like OLT is one of the four proposed outcomes from the city’s
own golf course ordinance. If the goal is to keep as much of the 120 acres as open space, many
would argue we are already on the best path to achieving that goal in a post-golf world.
This is the reason I fully reject any consideration of an appeal on the minor landscape modification
to Planned Development District 153 as already unanimously approved by the Planning
Commission. We need a solution that will help keep the 120 acres as open space. Again, I would
like to remind the city council its own golf course ordinance calls for land trust ownership as one
of the city’s desired outcomes – a path we are already on.
In reviewing prior letters submitted for the City Council’s consideration on this agenda item, I
would also like to address the Sonora Sunrise Neighborhood Organization’s submitted letter.
They make a very bold claim that they represent 1800 homeowners. As a person who lives within
their “neighborhood,” I can safely tell you their position does not come close to representing all
homeowners. They have never reached out or solicited surveys or even taken a straw poll of their
community thoughts on this topic. I am not sure who exactly they are representing, but they are
not representing me or other homeowners I know.
In my book, this is a false representation.
Michael Teagle
Sent from my iPad
09/12/2024
Public Comment
Item 2B
From:City of Palm Springs
To:City Clerk
Subject:*NEW SUBMISSION* Submit Public Comment to the City of Palm Springs
Date:Thursday, September 12, 2024 7:57:44 AM
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Submit Public Comment to the City of Palm Springs
Submission #:3479369
IP Address:72.175.192.161
Submission Date:09/12/2024 7:57
Survey Time:21 minutes, 46 seconds
You have a new online form submission.
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Brad Anderson
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Palm Springs,
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Your Comments/Sus comentarios
I write to ask that our city issue full & final authorization allowing the Prescott Preserve to implement their
restoration plans for the property. I live just across a street from the Preserve and daily enjoy its unobstructed
scenic views, abundant desert wildlife and it’s peaceful restorative quiet. The property is well patrolled by Rangers,
any litter is promptly cleaned up and encampments have not been allowed. Simply put, the Preserve is cleaner,
safer and far more inviting than another failed and neglected golf course. Thank you for considering my opinion.
Thank you,
City of Palm Springs
This is an automated message generated by Granicus. Please do not reply directly to this email.
09/12/2024
Public Comment
Item 2B
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From:JOHN N MARTINES
To:City Clerk
Subject:Re: Preserve
Date:Thursday, September 12, 2024 8:14:17 AM
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attachments unless you are sure the content is safe.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an owner of a single family
home in the Little Beverly Hills neighborhood, directly adjacent to the proposed Prescott Preserve. I strongly
encourage the City Council to reject the appeal and affirm the decision made by the Planning Commission in
approving the proposed minor amendment to Planned Development District 153 as requested by Oswit Land Trust. I
am excited about Oswit's plan for this long defunct golf course.
Sincerely,
John Martines
550 S. Compadre Road
09/12/2024
Public Comment
Item 2B
From:Brandon McBurney
To:City Clerk
Subject:Proposed minor amendment to Planned Development District 153
Date:Thursday, September 12, 2024 7:58:43 AM
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unless you are sure the content is safe.
Dear City Council members:
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an
owner of a single family home in the Little Beverly Hills neighborhood, directly adjacent to
the proposed Prescott Preserve. I strongly encourage the City Council to reject the appeal and
affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust. I am
excited about Oswit's plan for this long defunct golf course.
Sincerely,
Brandon Mcburney
09/12/2024
Public Comment
Item 2B
From:Frank Hundley
To:City Clerk
Subject:Please Save the Prescott Preserve
Date:Thursday, September 12, 2024 7:44:13 AM
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unless you are sure the content is safe.
Dear City Council members,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an
owner of a single family home on Compadre Rd. in the Little Beverly Hills neighborhood,
directly adjacent to the proposed Prescott Preserve. I strongly encourage the City Council to
reject the appeal and affirm the decision made by the Planning Commission in approving the
proposed minor amendment to Planned Development District 153 as requested by Oswit Land
Trust. I am excited about Oswit's plan for this long defunct golf course.
Sincerely,
Frank Hundley
610 S. Compadre Rd.
Palm Springs, CA 92264
09/12/2024
Public Comment
Item 2B
From:Elliott, Brandon
To:City Clerk
Cc:email@btelliott.com
Subject:City Council Agenda - 9/12/24 - Planned Development District 153
Date:Wednesday, September 11, 2024 5:18:53 PM
Importance:High
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an owner of a
single-family in the Little Beverly Hills neighborhood, directly adjacent to the proposed Prescott Preserve.
I strongly encourage the City Council to reject the appeal and affirm the decision made by the Planning
Commission in approving the proposed minor amendment to Planned Development District 153 as
requested by Oswit Land Trust. I am excited about Oswit's plan for this long defunct golf course.
Sincerely,
Brandon Elliott
email@btelliott.com
09/12/2024
Public Comment
Item 2B
From:vguarino
To:Roxanne Rodriguez
Cc:City Clerk
Subject:Re: Assembly Bill 557
Date:Wednesday, September 11, 2024 5:04:15 PM
Attachments:image001.png
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you are sure the content is safe.
Thank you for your response. I have never understood why someone never approached the College of
the Dessert, as it has a highly respected degrees in many phases of Golf Course Management,
Operations, Marketing and Grounds Management and Operations, as well as, food and beverage and
other culinary courses. Using the Golf Club facilities as a Public and Semi-Private Golf Club with
dining facilities, as a real time teaching operation would make sense. It would elevate the
curriculum to a world class level, providing students with real experience. Allow both teachers and
students to try different course designs, experiment with plants, try different water reclamation
experiments, course amenities, and hone marketing skills and management. It would be a win-win for
the HOA, The College and bring more prestige to the City as an educational center.
Sent from the all new AOL app for iOS
On Wednesday, September 11, 2024, 3:30 PM, Roxanne Rodriguez
<Roxanne.Rodriguez@palmspringsca.gov> wrote:
Good Afternoon,
Thank you for your email. Your comment will be shared with the City Council and
retained as part of the official records.
Thank you,
Roxanne Rodriguez | Executive Administrative Assistant | Office of the City Clerk
Roxanne.Rodriguez@PalmSpringsCA.gov (760) 323-8204(760) 883-77123200 E. Tahquitz Canyon WayPalm Springs, CA 92262www.PalmSpringsCA.gov
CONFIDENTIALITY NOTICE - This message is intended only for the addresses shown above. It may contain informationthat is privileged, confidential, or otherwise protected from disclosure. Any review, dissemination, or use of this transmissionor its contents by persons other than the addressee is strictly prohibited. If you have received this message in error, pleasenotify the sender immediately at (760) 323-8204.
Palm Springs City Hall is open Monday through Thursday, 7:30 a.m. - 5:30 p.m., closed Fridays.
From: vguarino <vgrng@aol.com>
09/12/2024
Public Comment
Item 2B
From:Rick Holly
To:City Clerk
Subject:Mesquite golf course conversion
Date:Wednesday, September 11, 2024 3:55:17 PM
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attachments unless you are sure the content is safe.
I oppose the approval of a minor landscape modification for the major modification of the Mesquite golf course to a
preserve — there is nothing minor about it I own a condo in Mesquite phase 3 thank you. Rick Holly
Sent from my iPhone
09/12/2024
Public Comment
Item 2B
From:Yolanda Celis
To:City Clerk
Cc:Grace Garner; Jeffrey Bernstein
Subject:Thurs. 9/12. Agenda Appealing Plan. Comm. Approval Oswit Minor Modification City Council
Date:Wednesday, September 11, 2024 3:28:27 PM
Attachments:New Mesquite HOA Lawyer Appeal City Council.pdf
Sonora Letter to City Council.pdf
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unless you are sure the content is safe.
Good afternoon,
Please make sure that this email to passed on to the City Council members.
Attached are two letters sent by the New Mesquite HOA and Desert Chapel to the
City Council to appeal the Planning Commission 7/24 approval of Oswit’s request
for a “minor landscape modification.” Also attached is a letter from the Sonora
Sunrise Neighborhood Organization supporting the appeals. At the end of this
email is information on how to send emails to the City to show individual support
for the appeals.
None of the letters object to a preserve in concept. The objections are the
approval as a “minor landscape modification” that subverts the typical due
process for developments that requires City Council approval also and well
publicized public hearing notices by the Planning Commission and the City
Council.
New Mesquite owns 5 of the parcels of the golf course now subleased to Oswit.
Desert Chapel shares a land boundary with those parcels and has increased traffic
through the middle of its school campus with one of the Oswit sheds converted to
a Visitors Center.
On July 24 the Planning Commission approved Oswit’s application as a “minor
landscape modification.” When the Planning Dept. staff member presented to the
Comm., he kept repeating that the Dept. does not need the Comm. approval
because it is just a minor modification. That no public hearings were required and
it did not need to go to the City Council. He told the Comm. that the golf course
was closed over three years ago, leaving impression that it was abandoned
property rescued by Oswit. Along with other misleading information.
09/12/2024
Public Comment
Item 2B
Oswit objected in writing before the meeting to dozens of new conditions the
Plann. Dept. added. The approval is conditional until Oswit satisfies all the
requirements. Oswit never completed all the requirements Plann. gave them over
a year ago, including a complete pre-application. Oswit missed the June 2024
deadline by Planning to be placed on the agenda. In spite of requirements not
completed, the Dept. rushed it onto the 7/24 Comm. agenda anyway.
The Comm. clearly read all the letters of concern it received, some within just
hours of the meeting. They were thoughtful and cautious, asking great questions.
Based on those questions and based on concerns in the letters, approval was
given with even more requirements were placed on Oswit. Several of us have
requested days letter a copy of the final requirements but the response was that
they could not be released until approved as part of the minutes at the next
Commission meeting in Sept. I doubt that is accurate, but haven’t pursued the
matter since.
The Comm. asked Oswit how soon it would start construction. Oswit replied that
they did not know because it lost a grant in May because of MCC’’s litigation and
they needed money to move forward. As we all know, Oswit was originally on the
May agenda to the WCB to be considered for funding along with several other
worthy projects vying for the same dollars. Also if approved, it was to be a
“conditional approval” in part because of the lawsuit, but other items Oswit still
had not provided either. Further, MCC has made reasonable offers to Oswit that
even the most ardent supporters in MCC found know fault with. Then there is
mediation we agreed to and Oswit changed its mind. Had Oswit settled before
that May meeting, it would not have been pulled off the agenda. Again there was
no guarantee they would be even conditionally funded. This is a continued false
narrative by Oswit to the public.
What we object is the manner that this process was conducted. In no way does 120 acres of
land that once was a golf course qualify for a Minor Modification. This a troubling matter and
must be addressed by the mayor as well as other city council members. It is outlandish that
1,600 affected homeowners are left out to hang on a prayer that Oswit will get funding, abide
by the requirements and maintain a huge area that would be eye candy.
Here’s a breakdown of the possible legal and practical issues involved:
1. **Interference with Leases**: If there are existing leases tied to the property, any
modifications to the landscape, even minor ones, could be seen as violating the terms of those
leases. For example, tenants might have specific rights to the property’s appearance, access, or
use, which could be impacted by landscaping changes. This could result in legal challenges by
the tenants, claiming their rights under the lease are being infringed upon.
2. **Support of a Breach**: By approving the modification, the governing body (such as a
09/12/2024
Public Comment
Item 2B
planning board or zoning authority) might unintentionally give Oswit, the property owner or
manager, the green light to make changes that go against the obligations they have under the
leases. This could be interpreted as aiding or supporting Oswit in breaching those agreements,
especially if the leases have clear terms preventing such modifications.
3. **Legal Ramifications**: Tenants could potentially sue both Oswit for breach of lease and
the authority approving the landscape modification for enabling or allowing that breach.
Courts would likely look at whether the modification violates specific lease provisions and
whether the approval process considered the leaseholders' rights.
4. **Unintentional Consequences**: Even if the landscape modification seems minor, the
broader legal consequences could be significant if it alters the property in ways that affect the
tenants' rights under their leases. Authorities might not be aware of how the modification
could trigger a breach or interfere with contractual obligations.
I am asking to accept the appeals from New Mesquite and Desert Chapel as you have a legal
and moral obligation to further review all aspects of the GCCO.
Regards,
Yolanda Sandor
MCC homeowner
09/12/2024
Public Comment
Item 2B
TELEPHONE (760) 320-7161
TELECOPIER (760) 323-1758
E-MAIL cjt@ssslaw.com
JAMES M. SCHLECHT (1927-2015)
JOHN C. SHEVLIN (1943-2021)
IN REPLY REFER TO:
13216.1
JON A. SHOENBERGER
DANIEL T. JOHNSON
DAVID A. DARRIN
ULRICH R. McNULTY
CHRISTOFFER J. THOMSEN
801 EAST TAHQUITZ CANYON WAY, SUITE 100
PALM SPRINGS, CALIFORNIA 92262
MAILING ADDRESS
P. O. BOX 2744
PALM SPRINGS, CALIFORNIA 92263-2744
August 2, 2024
HAND DELIVERED
Palm Springs City Council
c/o City Clerk
RE: Planning Commission Approval of “Minor” Plan Amendment,
Case 5.0303-pd-153 on July 24, 2024
New Mesquite Homeowners Association, Landowner re
APNs: 502-560-033, 034 & 039, and 502-562-074 & 075
Dear Council:
This office represents New Mesquite Homeowners Association (“NMHOA”). It is our understanding
that the Planning Commission last week on July 24, 2024 approved a “minor” plan amendment to
Planned Development District (PDD 153), based on the application and/or request of the Oswit Land
Trust (“OLT”). NMHOA respectfully appeals the above-described Planning Commission approval
for the following reasons:
A portion of the land covered by PDD 153, including assessor parcel numbers (“APNs”)
502-560-033, 034 & 039, and 502-562-074 & 075 (“NMHOA Land”), is owned, not by OLT, but
by NMHOA. NMHOA did not make application for any amendment to the plan (PDD 153) and did
not consent to or join any application or request from OLT, nor did NMHOA authorize OLT to
request such a plan amendment on its behalf.
OLT holds certain rights to use the NMHOA Land as a golf course, under the terms of (i) a Sublease
dated October 14, 1983, which sublease was approved by the Bureau of Indian Affairs, on November
9, 1983, and filed for record with the Riverside County Recorder on January 13, 1984, as Instrument
No. 8390 (“Sublease”), which covers the portion of the NMHOA Land (APNs: 502-560-033, 034
& 039), and (ii) an Easement Agreement dated November 10, 1983, which agreement was approved
by the Bureau of Indian Affairs on November 10, 1983, and filed for record with the Riverside
County Recorder on January 13, 1984 as Instrument No. 8391 (“Easement”), which covers a portion
of the NMHOA Land (APNs: 502-562-074 & 075); However, OLT has no right to use the NMHOA
Land as a preserve under the terms of the Sublease or Easement.
09/12/2024
Public Comment
Item 2B
SCHLECHT, SHEVLIN & SHOENBERGER
A LAW CORPORATION
LAWYERS
Palm Springs City Council
August 2, 2024
Page 2
It is our understanding that part of the “minor” plan amendment would change not only the
landscaping but also the use of the property from golf course to preserve. The change of use from
golf course to preserve would appear to materially change the original intent of PDD 153, and thus
should not be considered a minor modification.
Before any changes to PDD 153 are made, a complete application and public hearing should be held
to deal with the entirety of the land covered by the original approved Planned Development District
(PDD 153) with public hearing notice going to all neighboring property owners in accordance with
Palm Springs Zoning Code (PSZC) Section 94.03.00. The disposition of the entirety of the original
PDD boundary should be included in any application and an owner of only a portion of the land
included within the PDD boundary should not be able to force its desired changes as to owners of
other portions of the land without their consent and approval.
If you have any questions with regard to this letter, please feel free to contact me.
Very truly yours,APPROVED AND AGREED:
NEW MESQUITE HOMEOWNERS
ASSOCIATION, a California mutual benefit
corporation
CHRISTOFFER J. THOMSEN
for Schlecht, Shevlin & Shoenberger, ALC By:____________________________________
Roxanna Bryant, President
09/12/2024
Public Comment
Item 2B
September 10, 2024
Palm Springs Council
c/o City Clerk
Case # 5.0303-PD-153
Re: City Council Meeting, September 12, 2024, Public Hearing Agenda, Item B
The Sonora Sunrise Neighborhood Organization (Sonora) fully supports the appeals requests of
the New Mesquite HOA and Desert Chapel regarding t he Planning Commission approval of
a “minor landscape modification” on July 24 (Case 5.0303-PD-153).
Sonora represents 5 HOAs, 1800 residences, with a quarter of a billion in real estate value. Four
of our HOAs (Mesquite Canyons, Mesquite Country Club (MCC), New Mesquite, and Sunshine
Villas), share legal land boundaries with the golf course.
Three of our HOAs (MCC, New Mesquite, and Sunshine Villas) have lease encumbrances on the
golf course and those leases all specify land usage as a golf course. Approval of a “minor
landscape modification” is not only interference with those leases, it unintentionally supports
Oswit breaching those leases.
The property is 10 separate parcels. New Mesquite owns 5 of those parcels, The Sunshine Villas
parcel is on tribal land. One of the 4 remaining parcels is 40 acres that includes the closed
clubhouse. When the golf course owner, Palms Partners, sold to Oswi t, it retained approximately
10 acres of the 40 acre parcel. That 10 acres has a separate surveyed and recorded legal
description. But neither Oswit or Palms has ever applied to the City to subdivide the property.
Therefore this “minor landscape modification” includes land Oswit does not own or lease.
Subdivision should have been required before Oswit’s application was even considered. If the
Planning Commission decision stands, the City has set precedence that it can approve changes on
a parcel of land that applicant doesn’t completely control.
Oswit proposes to “convert” the golf course to a preserve. In real estate legal terms, any change
of land use is a conversion, which is the reason the Golf Course Conversion Ordinance exists
(GCCO) to protect the surrounding neighborhoods.
We are not opposed to a preserve in concept, but the City should not subvert due process of any
land use applications nor subvert the conditions of the GCCO. In fact, no one closely involved
with City government for decades has ever heard of a “loophole” called “minor landscape
modification” that allows a change in land use and business use for 120 acres of land.
A key component of the GCCO is public hearings. It has been two years since the sale of the golf
course and the City has had to field numerous inquiries from individual owners , HOA’s Board
members, and Sonora Board members. Various City staff and council members continually
09/12/2024
Public Comment
Item 2B
reassured those inquiring that nothing could be approved until public hearings by both the
Planning Commission and City Council. The City required Oswit to provide labels for such
which gave assurances that these public hearings would take place. Instead in the middle of July
when Palm Springs is at its lowest number of people physically in the City, it appears on a
Planning Commission agenda posted less than a week before the meeting. Even the Equestrian
folks who spoke at the meeting called it a fire drill.
When there were rumors that the preserve application would be considered at a July Planning
Commission meeting, the Planning Dept. confirmed to Sonora Chairman Russ Uthe, that Oswit
still had large outstanding items before it could be on the agenda and it had been given a deadline
of Fri. June 7, 2024 to have outstanding items in to be placed on agenda. The pre-application was
still not completed at that time. The deadline came and went, it was extended, that came and
went and then it just appeared on the a genda even though those items were still outstanding
including something as significant as an engineering plan. How many other applicants have been
allowed to go to meeting with so many outstanding items? The optics are bad, this gives
appearance of preferential treatment to applicants with money, power, and political influence ,
disregarding concerns for citizens directly affected by the application.
The Planning Commission did an outstanding job reading all the letters it received in a short
amount of time, it asked thoughtful questions based on concerns expressed in the letters and
added some conditions.
The gentleman from the Planning Dept. that presented the preserve to the Planning Commission,
erroneously testified that the Mesquite Country Club Golf Course was closed three years ago.
Leaving the impression this was an abandoned piece of property rescued by Oswit. That the
unsightly, fire hazard blight we have faced for two years now has been that way for 3 years. In
fact, it was a green, landscaped, played golf course until the month it was sold. Oswit required in
the Purchase Agreement that the Seller close the course as a condition of sale. That is when the
blight began and the City has done nothing to address it in spite of all the concerns and
complaints it has received from citizens. This gentleman also kept repeatedly telling the Planning
Commission that the Planning Department did not need its approval to grant a minor
modification.
Every concern expressed to Code Enforcement for two years gets passed to Planning. Maybe the
City believed that once the preserve is approved, the property will be converted and that will
address the code enforcement concerns. However, the reality is Oswit has no funding secured yet
to convert the property, nor a stream of funds for the annual operating costs which appear to be
almost $200,000 a year. And the property deteriorates by the day. Planning Dept. staff, Planning
Commission, and the City Council have the disadvantage of not facing this blight every day to
understand its impact on property owners.
The Planning Commission asked Oswit how soon it would submit its outstanding requirements
and how soon it would begin the conversion. Oswit said it would have had a multi -million dollar
grant awarded in May by the Wildlife Conservation Board (WCB) but the MCC litigation
stopped it. This is factually incorrect. Oswit was originally on the May agenda to be considered
09/12/2024
Public Comment
Item 2B
along with several other worthy projects. No guarantee of approval. It was only being considered
for conditional approval that would have required outstanding items be resolved before funding.
Just like the City, open records show multiple requests to Oswit from the WCB for outstanding
items. The litigation was the primary reason it was pulled at the last minute from conditional
consideration at the May meeting.
Sonora does not intend to get involved in the litigation between MCC and Oswit. As we
understand it MCC is not willing to continue paying $250,000 a year for terms of an agreement
that were specific to being part of a golf course community. MCC has made several settlement
offers, none of which required operating a golf course, and has also offered to go to mediation.
Oswit has rejected all. So Oswit has some control as to how long the litigation will continue.
What if the litigation gets resolved by a Court ordering Oswit to operate a golf course? What
quandry would that put the City in?
For all the aforementioned reasons, Sonora respectfully requests the City Council approve the
appeal requests by the New Mesquite HOA and Desert Chapel.
Respectfully,
Sonora Board of Directors
Russ Uthe, Chairman
Angie Fiechtner Knapp, Subcommittee
Mary Clifford
Richard Allegra
John Hetzker
C: Mayor Jeffrey Bernstein
Jeff Ballenger, City Attorney
Scott Stiles, City Manager
Christopher Hadwin, Planning Director
City Clerk
City Council
Desert Chapel
New Mesquite HOA
Palm Springs Post
CV Independent
09/12/2024
Public Comment
Item 2B
From:vguarino
To:City Clerk
Subject:Assembly Bill 557
Date:Wednesday, September 11, 2024 3:10:11 PM
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.
City. Council members and Staff:
My name is Vincent J. Guarino, my wife and I have owned a condo at Mesquite Country Club
for over 30 years. We purchased the condor its location and because of its amenities, one of
which was the semi-public golf course. Our primary residence is in Malibu, however.
One the issues we foresee with the proposed project is the idea of a habitat that will include or
attack coyotes. Living in Malibu, my wife and I have experienced coyotes up close. This
summer season, our block has been menaced by two coyotes that have found living in
backyards of various houses to their liking. Unfortunately, they are not frightened by people
or most dogs.
Contact with the appropriate City or County agency only gets recommendations to call private
pest control companies. In the past, they trap and in a short period of time the coyotes return
One night, a few months ago, we were enjoying a BBQ in our backyard. Suddenly, a large
coyote jumped through our rear hedge about 40 feet from our patio and began approaching the
four of us adults, attracted by the smell of meat. Luckily, our adult son and I stud up at the
same time and my son threw a filled soft drink can at the animal and it turned back and
disappeared. This all happened in a flash around 6 pm.
We have tried various non lethal remedies to no avail. The coyotes are bolder and fewer of
our neighbors use their backyards at night or allow their young children or pets out.
The habitat plan in the middle of a residential area is, in my opinion, ludicrous. If allowed the
City should accept full responsibility for any harm caused by wild animals to people, from the
approval of this project
Sent from the all new AOL app for iOS
09/12/2024
Public Comment
Item 2B
From:S.Boucheron-Saunier
To:City Clerk
Subject:About Prescott Preserve / Reject the appeal / affirm decision made by Planning Commission
Date:Wednesday, September 11, 2024 9:28:48 AM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024.
I am an owner of a single family home in the Little Beverly Hills neighborhood, directly adjacent to the proposed
Prescott Preserve.
I strongly encourage the City Council to reject the appeal and affirm the decision made by the Planning
Commission in approving the proposed minor amendment to Planned Development District 153 as requested by
Oswit Land Trust. I am excited about Oswit's plan for this long defunct golf course.
Sincerely,
Sylvie Boucheron
09/12/2024
Public Comment
Item 2B
From:Jill Olkoski
To:City Clerk
Subject:Comment: City Council Agenda Item 2B, New Mesquite/Desert Chapel Appeals
Date:Wednesday, September 11, 2024 11:43:43 AM
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.
Dear City Council,
I own a condo in Mesquite Country Club and purchased my condo in no
small part due it's proximity to the Golf Course that is being
transitioned into a Preserve by OLT. I'll admit, that I am disappointed
by this change and have many concerns. Over the past year, I've written
in to Planning Department to express these concerns, with special
emphasis regarding the risks wildlife pose to resident's dogs. I have
also written to express concerns about health and safety issues for
humans, including fire and flood, and generally with the process of how
the minor modification approval has been handled. I am by no means a fan
of the Preserve.
Having said this, I was incredibly impressed by the way the Planning
Department and Commission was able to review, synthesize, and address
each and every one of the neighborhood's concerns in the July 24, 2024
meeting. I supported the Commission's vote.
I don't know why Desert Chapel and New Mesquite HOA are now, well AFTER
the deadline to submit comments, are appealing this decision. Both
organizations, and their respective residents, had ample time to submit
comments like the rest of us did, in advance of the meeting, or speak at
the meeting. They missed the deadline, and perhaps the forces within
these organizations that are opposed to the Preserve were overconfident
or just procrastinated. Regardless they had their chance to comment, and
they missed it.
In addition, the rationales presented in the appeal fall short. Our
(MCC) lawsuit and the time of year the vote was taken are irrelevant.
Following this logic, the entire City of Palm Springs should perhaps not
have ANY meetings or votes when it's too hot for us delicate snowbirds
to tolerate...so by this logic, you should conduct City meetings say,
just between December and April, so that those of us who are only there
part time, can attend and not deal with the hotter weather. I find this
particular logic especially offensive to those who call Palm Springs
their full time homes. Perhaps they are unaware that the technology
exists that affords remote participation? Likewise these organizations
have had TWO YEARS to influence the Planning Department's choice of
Minor Modification approval process, again, I don't understand why they
waited until now to voice their objections. And if New Mesquite so
strongly objects to the land use, why are they leasing parcels to OLT?
I therefore urge the City Council to REJECT the appeal of Desert Chapel
and New Mesquite.
Regards,
09/12/2024
Public Comment
Item 2B
Jill
--
Jill Olkoski
09/12/2024
Public Comment
Item 2B
From:Greg Thomas
To:City Clerk
Subject:Resident Comment Council Agenda Item 2B 9/12/2024
Date:Wednesday, September 11, 2024 11:16:45 AM
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unless you are sure the content is safe.
Re: City Council 9/12/24 Agenda Item 2B
My name is Greg Thomas, a full-time Palm Springs resident and owner of a condominium inMesquite Country Club. I am a supporter of Oswit Land Trust’s Prescott Preserve and I am avocal critic of the 2022 MCC HOA Board of Directors’ unilateral decision to sue OLT withoutthe input of 595 other MCC owners.
I am working stridently to convince my HOA to partner with Oswit Land Trust in the success ofPrescott Preserve for the betterment of my HOA and adopted hometown.
I urge council members to follow the expert, unbiased recommendations of Palm SpringsPlanning Department professional staff and deny New Mesquite HOA and Desert Chapel’sappeal of the July 24, 2024, Planning Commission approval of OLT's application for a minorlandscape modification to Planned Development District 153.
I want to focus on the vocal opposition among a minority of my MCC neighbors and others whoare unable to embrace a land use for the former golf course site other than an artificiallymaintained, HOA-financially subsidized golf course, one unsupported by market forces.
These critics ignore MCC HOA’s own hired experts who investigated conditions on the golfcourse in 2020, 2021 and 2022, deeming it virtually unplayable. MCC HOA hired experts alsodeemed the long-closed clubhouse unsafe for human habitation due to leaks, mold androdent infestation. These expert studies concluded in March 2022, long before the sale of theland to OLT in July 2022. While these reports are in the litigation court record, the MCC boardof directors never shared them with MCC owners.
I feel compelled to share with council members what I think are the true stakes involved in thisland use controversy: The city approved PDD 153 in 1984, allowing high-density developmentin exchange for an open space easement for the land eventually developed into a golf course.That easement stands today. The original 1984 lease between MCC and the developer andsubsequent course owners mandates the land be maintained as open space (as verified bycity staff), as does the city’s general plan, also reflected in proposed new 2024 Palm Springszoning maps.
HOA documents and public court records show prior MCC HOA boards of directorscontemplated and, in some instances, embraced dense housing construction for thestruggling 18-hole golf course site in hopes of subsidizing a smaller, nine-hole golf operation.
A proposal in 2016 called for the construction of 389 new condos on the golf course, courtrecords show, to be absorbed into the 600-unit MCC HOA. Court records show otherhousing/golf developments were considered in 2020 and 2021, though, again, details werenever shared openly with all MCC HOA members by the MCC HOA board.
My concern is simple: Developers have long eyed this land for dense housing development. If itweren’t for the generous donation of Brad Prescott and the Prescott Foundation enablingOswit Land Trust to purchase and protect this long-coveted property, City Hall would bebombarded with proposals to vacate its open space easement and allow this unique site to bedensely developed – at great profit to developers and to the detriment of nearbyneighborhoods, the environment and wildlife.
09/12/2024
Public Comment
Item 2B
I urge council members to see the vision and need for Prescott Preserve and partner with thenonprofit, charitable land trust to create a gem of an open-space amenity that will not onlyincrease the property values of neighborhoods bordering the preserve, including mine, butimprove the quality of life for all residents of Palm Springs.
Please deny New Mesquite HOA and Desert Chapel's appeals.
Thanks for your consideration,
Greg Thomas
2701 E Mesquite Ave Unit L53
Palm Springs CA 92264
greg.thomas4real@gmail.com
909-353-8449
09/12/2024
Public Comment
Item 2B
From:S.Boucheron-Saunier
To:City Clerk
Subject:About Prescott Preserve / Reject the appeal / affirm decision made by Planning Commission
Date:Wednesday, September 11, 2024 9:28:48 AM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024.
I am an owner of a single family home in the Little Beverly Hills neighborhood, directly adjacent to the proposed
Prescott Preserve.
I strongly encourage the City Council to reject the appeal and affirm the decision made by the Planning
Commission in approving the proposed minor amendment to Planned Development District 153 as requested by
Oswit Land Trust. I am excited about Oswit's plan for this long defunct golf course.
Sincerely,
Sylvie Boucheron
09/12/2024
Public Comment
Item 2B
From:Christophe DELAGE
To:City Clerk
Subject:Oswit preserve request plan amendment
Date:Wednesday, September 11, 2024 6:55:20 AM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an
owner of a single family home in the Little Beverly Hills neighborhood, directly adjacent to
the proposed Prescott Preserve. I strongly encourage the City Council to reject the appeal and
affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust. I am
excited about Oswit's plan for this long defunct golf course.
Sincerely,
Christophe Delage
09/12/2024
Public Comment
Item 2B
From:Beatrice Larroque
To:City Clerk
Subject:item 2B on the City Council agenda for September 12, 2024.
Date:Wednesday, September 11, 2024 2:58:39 AM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024.
I am an owner of a condo in the Little Beverly Hills neighborhood, directly adjacent to the proposed Prescott
Preserve.
I strongly encourage the City Council to reject the appeal and affirm the decision made by the Planning Commission
in approving the proposed minor amendment to Planned Development District 153 as requested by Oswit Land
Trust.
I am excited about Oswit's plan for this long defunct golf course.
Sincerely,
Beatrice Larroque
09/12/2024
Public Comment
Item 2B
From:scottpofficepm@aol.com
To:City Clerk
Subject:Prescott Reserve
Date:Tuesday, September 10, 2024 6:13:20 PM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12,
2024. I am an owner of a single family home (or condo in the case of The
Palms) in the Little Beverly Hills neighborhood, directly adjacent to the
proposed Prescott Preserve. I strongly encourage the City Council to reject the
appeal and affirm the decision made by the Planning Commission in approving
the proposed minor amendment to Planned Development District 153 as
requested by Oswit Land Trust. I am excited about Oswit's plan for this long
defunct golf course.
Sincerely,
Scott Pryde
Home Owner at
550 S. Compadre Road
Palm Springs CA 92264
Sent from the all new AOL app for iOS
09/12/2024
Public Comment
Item 2B
From:Ritchie Durdin
To:City Clerk
Subject:Item 2B 9/12/24
Date:Tuesday, September 10, 2024 5:52:14 PM
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.
Dear City Council Members,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an owner of a single family
home in the Little Beverly Hills neighborhood, directly adjacent to the proposed Prescott Preserve. I strongly
encourage the City Council to reject the appeal and affirm the decision made by the Planning Commission in
approving the proposed minor amendment to Planned Development District 153 as requested by Oswit Land Trust. I
am excited about Oswit's plan for this long defunct golf course.
Sincerely,
Ritchie Durdin
09/12/2024
Public Comment
Item 2B
From:David Hyams
To:City Clerk
Subject:Item 2B - Minor Amendment to Planned District 153 As Requested by Oswit Land Trust - 9/12/24
Date:Tuesday, September 10, 2024 4:37:44 PM
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unless you are sure the content is safe.
Dear City Councilmembers,
My wife and I are owners of a single family home in the Little Beverly Hills neighborhood directly adjacent
to the Prescott Preserve.
We support the efforts of Oswit Land Trust and strongly encourage the City Council to reject the appeal
and affirm the decision made by the Planning Commission.
I attended many Golf Course Conversion subcommittee meetings in 2018. Palm Springs residents should
celebrate this outcome.
Thank you Brad Prescott.
Sincerely,
David K Hyams
09/12/2024
Public Comment
Item 2B
From:Jarek Dallos
To:City Clerk
Cc:Jane Garrison; A. Leider
Subject:Re: Request to reject appeal of planning commission"s approval of changes to PDD153
Date:Tuesday, September 10, 2024 4:10:12 PM
Attachments:Request to reject appeal of planning commission"s approval of changes to PDD153 .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.
Dear City Clerk of City of Palm Springs,
I am reaching out on behalf of Jane Garrison to share with you a letter regarding:
Re: Request to reject appeal of planning commission's approval of changes to
PDD153
Please confirm receipt and distribute the attached letter to the Mayor and Council
Members.
Thank you kindly,
Jarek Dallos
ING. JAREK DALLOS (He/Him/His)
| Administrative Assistant for Executive Office & ACE Division
Website: www.OswitLandTrust.Org
Email: jarek@OswitLandTrust.Org
09/12/2024
Public Comment
Item 2B
1
September 11, 2024
Palm Springs City Council
Email: CityClerk@palmspringsca.gov
Sent via email
Re: Request to reject appeal of planning commission's approval of changes to PDD153
Dear Mayor and Council Members,
Oswit Land Trust respecNully asks you to reject the appeal of the minor modificaPon to the landscaping
plan of PDD 153 that was passed unanimously by the Planning Commission.
The city staff did an excellent job in its staff report outlining the reasons this appeal should be rejected
including the most important point; Oswit Land Trust is not changing the use of the land. It was
designated open space and will conPnue being designated as open space.
We worked diligently with the city staff and City Manager for nearly a year to come to agreements on
this minor modificaPon to a landscape plan. We also provided the city with all necessary documents for
this approval.
The minor change that was unanimously passed by the Planning Commission gives us the green light to
start planPng trees, buWerfly gardens, pollinators and other criPcal plants for a beauPful restoraPon of
PrescoW Preserve that the enPre community will enjoy and benefit from.
Please feel free to reach out should you have any quesPons. I can be reached directly
at 843-343-8887.
Thank you,
Jane Garrison,
Execu1ve Director
09/12/2024
Public Comment
Item 2B
From:Jarek Dallos
To:City Clerk
Cc:Jane Garrison; A. Leider
Subject:Re: Request to reject appeal of planning commission"s approval of changes to PDD153
Date:Tuesday, September 10, 2024 4:10:12 PM
Attachments:Request to reject appeal of planning commission"s approval of changes to PDD153 .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.
Dear City Clerk of City of Palm Springs,
I am reaching out on behalf of Jane Garrison to share with you a letter regarding:
Re: Request to reject appeal of planning commission's approval of changes to
PDD153
Please confirm receipt and distribute the attached letter to the Mayor and Council
Members.
Thank you kindly,
Jarek Dallos
ING. JAREK DALLOS (He/Him/His)
| Administrative Assistant for Executive Office & ACE Division
Website: www.OswitLandTrust.Org
Email: jarek@OswitLandTrust.Org
From:Bonnie Blankert
To:City Clerk
Subject:Prescott Preserve
Date:Tuesday, September 10, 2024 4:09:24 PM
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.
Bonnie Blankert
The Palms 507
09/12/2024
Public Comment
Item 2B
09/12/2024
Public Comment
Item 2B
09/12/2024
Public Comment
Item 2B
09/12/2024
Public Comment
Item 2B
September 10, 2024
Palm Springs Council
c/o City Clerk
Case # 5.0303-PD-153
Re: City Council Meeting, September 12, 2024, Public Hearing Agenda, Item B
The Sonora Sunrise Neighborhood Organization (Sonora) fully supports the appeals requests of
the New Mesquite HOA and Desert Chapel regarding t he Planning Commission approval of
a “minor landscape modification” on July 24 (Case 5.0303-PD-153).
Sonora represents 5 HOAs, 1800 residences, with a quarter of a billion in real estate value. Four
of our HOAs (Mesquite Canyons, Mesquite Country Club (MCC), New Mesquite, and Sunshine
Villas), share legal land boundaries with the golf course.
Three of our HOAs (MCC, New Mesquite, and Sunshine Villas) have lease encumbrances on the
golf course and those leases all specify land usage as a golf course. Approval of a “minor
landscape modification” is not only interference with those leases, it unintentionally supports
Oswit breaching those leases.
The property is 10 separate parcels. New Mesquite owns 5 of those parcels, The Sunshine Villas
parcel is on tribal land. One of the 4 remaining parcels is 40 acres that includes the closed
clubhouse. When the golf course owner, Palms Partners, sold to Oswi t, it retained approximately
10 acres of the 40 acre parcel. That 10 acres has a separate surveyed and recorded legal
description. But neither Oswit or Palms has ever applied to the City to subdivide the property.
Therefore this “minor landscape modification” includes land Oswit does not own or lease.
Subdivision should have been required before Oswit’s application was even considered. If the
Planning Commission decision stands, the City has set precedence that it can approve changes on
a parcel of land that applicant doesn’t completely control.
Oswit proposes to “convert” the golf course to a preserve. In real estate legal terms, any change
of land use is a conversion, which is the reason the Golf Course Conversion Ordinance exists
(GCCO) to protect the surrounding neighborhoods.
We are not opposed to a preserve in concept, but the City should not subvert due process of any
land use applications nor subvert the conditions of the GCCO. In fact, no one closely involved
with City government for decades has ever heard of a “loophole” called “minor landscape
modification” that allows a change in land use and business use for 120 acres of land.
A key component of the GCCO is public hearings. It has been two years since the sale of the golf
course and the City has had to field numerous inquiries from individual owners , HOA’s Board
members, and Sonora Board members. Various City staff and council members continually
09/12/2024
Public Comment
Item 2B
reassured those inquiring that nothing could be approved until public hearings by both the
Planning Commission and City Council. The City required Oswit to provide labels for such
which gave assurances that these public hearings would take place. Instead in the middle of July
when Palm Springs is at its lowest number of people physically in the City, it appears on a
Planning Commission agenda posted less than a week before the meeting. Even the Equestrian
folks who spoke at the meeting called it a fire drill.
When there were rumors that the preserve application would be considered at a July Planning
Commission meeting, the Planning Dept. confirmed to Sonora Chairman Russ Uthe, that Oswit
still had large outstanding items before it could be on the agenda and it had been given a deadline
of Fri. June 7, 2024 to have outstanding items in to be placed on agenda. The pre-application was
still not completed at that time. The deadline came and went, it was extended, that came and
went and then it just appeared on the agenda even though those items were still outstanding
including something as significant as an engineering plan. How many other applicants have been
allowed to go to meeting with so many outstanding items? The optics are bad, this gives
appearance of preferential treatment to applicants with money, power, and political influence ,
disregarding concerns for citizens directly affected by the application.
The Planning Commission did an outstanding job reading all the letters it received in a short
amount of time, it asked thoughtful questions based on concerns expressed in the letters and
added some conditions.
The gentleman from the Planning Dept. that presented the preserve to the Planning Commission,
erroneously testified that the Mesquite Country Club Golf Course was closed three years ago.
Leaving the impression this was an abandoned piece of property rescued by Oswit. That the
unsightly, fire hazard blight we have faced for two years now has been that way for 3 years. In
fact, it was a green, landscaped, played golf course until the month it was sold. Oswit required in
the Purchase Agreement that the Seller close the course as a condition of sale. That is when the
blight began and the City has done nothing to address it in spite of all the concerns and
complaints it has received from citizens. This gentleman also kept repeatedly telling the Planning
Commission that the Planning Department did not need its approval to grant a minor
modification.
Every concern expressed to Code Enforcement for two years gets passed to Planning. Maybe the
City believed that once the preserve is approved, the property will be converted and that will
address the code enforcement concerns. However, the reality is Oswit has no funding secured yet
to convert the property, nor a stream of funds for the annual operating costs which appear to be
almost $200,000 a year. And the property deteriorates by the day. Planning Dept. staff, Planning
Commission, and the City Council have the disadvantage of not facing this blight every day to
understand its impact on property owners.
The Planning Commission asked Oswit how soon it would submit its outstanding requirements
and how soon it would begin the conversion. Oswit said it would have had a multi -million dollar
grant awarded in May by the Wildlife Conservation Board (WCB) but the MCC litigation
stopped it. This is factually incorrect. Oswit was originally on the May agenda to be considered
09/12/2024
Public Comment
Item 2B
along with several other worthy projects. No guarantee of approval. It was only being considered
for conditional approval that would have required outstanding items be resolved before funding.
Just like the City, open records show multiple requests to Oswit from the WCB for outstanding
items. The litigation was the primary reason it was pulled at the last minute from conditional
consideration at the May meeting.
Sonora does not intend to get involved in the litigation between MCC and Oswit. As we
understand it MCC is not willing to continue paying $250,000 a year for terms of an agreement
that were specific to being part of a golf course community. MCC has made several settlement
offers, none of which required operating a golf course, and has also offered to go to mediation.
Oswit has rejected all. So Oswit has some control as to how long the litigation will continue.
What if the litigation gets resolved by a Court ordering Oswit to operate a golf course? What
quandry would that put the City in?
For all the aforementioned reasons, Sonora respectfully requests the City Council approve the
appeal requests by the New Mesquite HOA and Desert Chapel.
Respectfully,
Russ Uthe, Chairman
Angie Fiechtner Knapp, Subcommittee Member
Sonora Sunrise Neighborhood Organization
09/12/2024
Public Comment
Item 2B
From:Danielle Painter
To:City Clerk
Subject:Prescott Preserve
Date:Tuesday, September 10, 2024 12:28:11 PM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an
owner of a single family home in the Little Beverly Hills neighborhood, directly adjacent to
the proposed Prescott Preserve. I strongly encourage the City Council to reject the appeal and
affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust. I am
excited about Oswit's plan for this long defunct golf course.
Sincerely,
Danielle Painter
09/12/2024
Public Comment
Item 2B
From:Bryan Hughes
To:City Clerk
Subject:reject the appeals and accept the Planning Commission"s decision
Date:Tuesday, September 10, 2024 12:40:46 PM
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.
Dear City Council members,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an
owner of a single family home in the Little Beverly Hills neighborhood, directly adjacent to
the proposed Prescott Preserve. I strongly encourage the City Council to reject the appeal
and affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust. I am
excited about Oswit's plan for this long defunct golf course.
Sincerely,
Bryan Hughes
09/12/2024
Public Comment
Item 2B
From:Douglas Oliver
To:City Clerk
Subject:Item 2B City Council Agenda, Sept 12, 2024
Date:Tuesday, September 10, 2024 12:23:12 PM
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.
Dear City Councilmembers--
This email pertains to item 2B on the City Council agenda for September 12, 2024.
I am an owner of a condo in The Palms Community in the Little Beverly Hills neighborhood, directly
adjacent to the proposed Prescott Preserve. I strongly encourage the City Council to reject the
appeal and affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust.
I reject the mischief of the appeal and strongly support Oswit's plan for this defunct golf course.
Sincerely,
Douglas Oliver
Douglas Oliver
3155 E Ramon Road, #912
Palm Springs, CA 92264
dglslvr@sbcglobal.net
09/12/2024
Public Comment
Item 2B
From:Craig
To:City Clerk
Subject:City Council Agenda; Item 2B; Sept 12, 2024
Date:Tuesday, September 10, 2024 12:15:17 PM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024.
I am an owner of a condo in the Little Beverly Hills neighborhood, directly adjacent to the
proposed Prescott Preserve. I strongly encourage the City Council to reject the appeal and
affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust. I am
excited about Oswit's plan for this long defunct golf course.
Sincerely,
Craig Woythaler
09/12/2024
Public Comment
Item 2B
From:Paula Waldoch
To:City Clerk
Cc:Suzanne Delahanty
Subject:Prescott Preserve letter of support for progress !
Date:Tuesday, September 10, 2024 11:36:50 AM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an
owner of a single family home in the Little Beverly Hills neighborhood, directly adjacent to
the proposed Prescott Preserve. I strongly encourage the City Council to reject the appeal and
affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust.
I am excited about Oswit's plan for this long defunct golf course.
Let them build the beautiful Preserve !
Sincerely,
Paula Walters and Suzanne Delahanty
Roxbury Drive
Sent from my iPhone
09/12/2024
Public Comment
Item 2B
From:Brian Ramos
To:City Clerk
Subject:Agenda Item 2B - Sept 12, 2024
Date:Tuesday, September 10, 2024 11:16:40 AM
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.
Dear City Councilmembers,
This email pertains to item 2B on the City Council agenda for September 12, 2024. I am an owner of a
single family home (or condo in the case of The Palms) in the Little Beverly Hills neighborhood, directly
adjacent to the proposed Prescott Preserve. I strongly encourage the City Council to reject the appeal
and affirm the decision made by the Planning Commission in approving the proposed minor
amendment to Planned Development District 153 as requested by Oswit Land Trust. I am excited about
Oswit's plan for this long defunct golf course.
Sincerely,
Brian Ramos
Compadre Road | Little Beverly Hills
09/12/2024
Public Comment
Item 2B
From:John Hetzler
To:Christy Holstege; Scott Stiles; Jeff Ballinger-C; City Clerk
Subject:Prescott Preserve - Item 2 B on Thursday"s agenda
Date:Monday, September 9, 2024 8:24:07 PM
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.
Greetings!
The Agenda for the City Counsel Meeting on Thursday has an item that has me very
concerned. Item 2B regarding property adjacent to The Prescott Preserve. The
Appearance is the City is working behind the backs of neighboring properties to
benefit owners of properties who are landlords of The Prescott Preserve. This is
identified as a "minor amendment" but this could adversely impact property values of
other communities surrounding The Prescott Preserve.
As a homeowner at Mesquite Canyon Estates, which is adjacent to both The Prescott
Preserve and The New Mequite HOA, I am requesting the City Council to hold a
Town Hall Meeting with surrounding Homeowners so all of the stake holders have a
clear idea of what is being negotiated before any decision is made on this agenda
item.
This transparency is in the best interest of the City Council, The City of Palm Springs
and the Communities surrounding The Prescott Preserve.
Thank you.
John Hetzler
2127 Casitas Way
Palm Springs, CA 92264
773-875-5326
B.
APPEALS BY THE NEW MESQUITE HOMEOWNERSASSOCIATION AND DESERT CHAPEL OF THEPLANNING COMMISSION DECISION TO APPROVE AMINOR AMENDMENT TO PLANNED DEVELOPMENTDISTRICT (PDD 153) TO ALLOW THE RESTORATIONOF APPROXIMATELY 90 ACRES OF THE 120-ACREFORMER MESQUITE GOLF COURSE AND COUNTRYCLUB SITE INTO A NATIVE DESERT HABITAT ANDNATURE PRESERVE (CASE 5.0303-PD 153)
RECOMMENDATION:
1. Open the Public Hearing and receive publictestimony.2. Reject the appeals and accept the PlanningCommission’s decision by adopting a Resolutionentitled, “ A RESOLUTION OF THE CITY COUNCILOF THE CITY OF PALM SPRINGS, CALIFORNIA,DENYING THE APPEALS BY THE NEWMESQUITE HOMEOWNERS ASSOCIATION ANDDESERT CHAPEL AND UPHOLDING THEDECISION OF THE PLANNING COMMISSION TO
09/12/2024
Public Comment
Item 2B
APPROVE A PROPOSED MINOR AMENDMENTTO PLANNED DEVELOPMENT DISTRICT 153(PDD-153) BY THE OSWIT LAND TRUST TOALLOW THE RESTORATION OFAPPROXIMATELY 90 ACRES OF THE 120-ACREFORMER GOLF COURSE AND COUNTRY CLUBSITE INTO A NATIVE DESERT HABITAT ANDNATURE PRESERVE FOR THE SITE LOCATEDBETWEEN SUNRISE WAY AND EL CIELO ROAD,NORTH OF MESQUITE AVENUE, ZONE PDD 153,SECTION 24 (CASE 5.0303-PDD-153).”
09/12/2024
Public Comment
Item 2B
09/12/2024
Public Comment
Item 2B