HomeMy WebLinkAboutRES HA-129RESOLUTION NO. HA-129
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
DECLARING A HOUSING AUTHORITY-OWNED PARCEL LOCATED
OFF COUNTY CLUB DRIVE IN THE CITY OF PALM DESERT TO BE
EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE
SECTION 54221(f)(1)(F)
RECITALS:
WHEREAS, pursuant to Health and Safety Code Section 34175(b) and the
California Supreme Court’s decision in California Redevelopment Association, et al. v.
Ana Matosantos, et al. (53 Cal. 4th 231)(2011), on February 1, 2012, all assets,
properties, contracts, leases, books and records, buildings and equipment of the former
Palm Desert Redevelopment Agency (the (“Former Agency”) transferred to the control of
the Successor Agency to the Palm Desert Redevelopment Agency (the “Successor
Agency”); and
WHEREAS, by its Resolution No. 2012-07, the City Council of the City of Palm
Desert elected that all assets, rights, powers, liabilities, duties, and obligations associated
with housing activities of the Former Agency be transferred from the Successor Agency
to the Palm Desert Housing Authority (the “Authority”); and
WHEREAS, by its Resolution No. HA-47, the Authority accepted the housing
functions and assets of the Former Agency; and
WHEREAS, the Authority is the owner in fee simple of that certain real property in
the City of Palm Desert located off Country Club Drive and described as APN No. 622 -
370-014 (the “Property”). The Property is described on Exhibit “A”, which is attached
hereto and incorporated herein by reference. The Property is curre ntly vacant and is
approximately 1.84 acres in size; and
WHEREAS, the Authority proposes to sell the Property to Chelsea Investment
Corporation (or its designee) (“Chelsea”) for the purpose of Chelsea constructing thereon
40 units of housing, 39 of which units (the “Affordable Units”) will be made available at an
affordable rent, as defined in Health and Safety Code Section 50053 (“Affordable Rent”)
for rental to qualified low income households whose income does not exceed 59% of the
area median income for Riverside County adjusted for actual household size (“Low
Income Households”), very low income households as defined in Health and Safety Code
Section 50105 (“Very Low Income Households”) and extremely low income households
as defined in Health and Safety Code Section 50106) (“Extremely Low Income
Households”), 10 of which units shall be designated for individuals with developmental
disabilities and, one of which shall be used for on-site management (the “Affordable
Housing Project”); and
WHEREAS, the Authority and Chelsea entered into a Disposition, Development
and Loan Agreement, dated June 13, 2024, providing for the Authority to donate the
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Resolution No. HA-129 Page 2
Property to Chelsea and for Chelsea to develop the Affordable Housing Project on the
Property; and
WHEREAS, the Authority and Chelsea propose to enter into an amendment to the
Disposition, Development and Loan Agreement (as amended, the “DDLA”) to provide for
the Authority to sell the Property to Chelsea; and
WHEREAS, the Authority has agreed to provide a loan to Chelsea pursuant to the
DDLA to assist the Developer in financing the purchase of the Property and the
construction of the Affordable Housing Project, and in connection therewith, the Authority
requires Chelsea to execute a Housing Agreement and record it against the Property in
the official records of Riverside County concurrently with the disposition of the Property
to Chelsea; and
WHEREAS, in accordance with the DDLA, the Housing Agreement requires that
the Property be developed with the Affordable Housing Project and that the 39 Affordable
Units shall be continually available to and occupied by, or held vacant for occupancy only
by Low Income Households, Very Low Income Households, and Extremely Low Income
Households for a period of 55 years commencing on the date all the units in the Affordable
Housing Project have been completed; and
WHEREAS, the Housing Agreement will run with the land and be binding upon the
successors in interest and assigns of Chelsea and be enforceable by the Authority; and
WHEREAS, pursuant to Section 54221(b)(1) of the Surplus Land Act (Government
Code Sections 54220-54234), the Housing Authority must declare the Property to be
“surplus land” or “exempt surplus land” and not necessary for the Authority’s use before
the Housing Authority takes action to dispose of the Property; and
WHEREAS, for purposes of Government Code Section 54221(f)(2), the Property
is not: (i) within a coastal zone; (ii) adjacent to a historical unit of the State Parks System;
(iii) listed on, or determined by the State Office of Historic Preservation to be eligible for,
the National Register of Historic Places; or (iv) within the Lake Tahoe region as defined
by Government Code Section 66905.5; and
WHEREAS, pursuant to Government Code Section 54221(f)(1)(F) surplus land will
qualify as “exempt surplus land” if it will be subject to a recorded covenant or restriction
that runs with the land and is enforceable against the owner and any successors in
interest, and that requires the land to be developed for housing in which 100% of the
residential units will be restricted for low or moderate income households, with at least
75% of the residential units restricted to lower income households, as defined in Health
and Safety Code Section 50079.5, with an affordable rent, as defined in Health and Safety
Code Section 50053, for a minimum of 55 years, with the rents not higher than 20% below
the median market rents for the neighborhood in which the Property is located; and
WHEREAS, the DDLA and the Housing Agreement will require the Property to be
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Resolution No. HA-129 Page 3
developed for residential uses consistent with the affordability restrictions set forth in
Government Code Section 54221(f)(1)(F).
NOW, THEREFORE, BE IT RESOLVED by the Housing Authority Board of the
Palm Desert Housing Authority, as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of
this Resolution.
SECTION 2. The Authority hereby declares pursuant to Government Code
Sections 54221(b) and 54221(f)(1)(F) that the Property is not necessary for the Authority’s
use and is exempt surplus land because the Property will be used pursuant to the DDLA
and Housing Agreement to provide rental housing for Lower Income Households, Very
Low Income Households and Extremely Low In come Households at an Affordable Rent
in accordance with the requirements of Government Code Section 54221(f)(1)(F).
SECTION 3. Staff is hereby authorized and directed to provide a copy of this
Resolution to the Department of Housing and Community Development (“HCD”) in the
manner required by HCD.
SECTION 4. The staff and officers of the Authority are hereby authorized, jointly
and severally, to take such actions as they deem necessary or proper to effectuate the
purposes of this Resolution and all actions previously taken are hereby ratified.
SECTION 5. The Authority Secretary shall certify as to the adoption of this
resolution.
ADOPTED ON MARCH 27, 2025.
JAN C. HARNIK
CHAIRPERSON
ATTEST:
ANTHONY J. MEJIA
SECRETARY
PALM DESERT HOUSING AUTHORITY
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I, Anthony J. Mejia, Secretary of the Palm Desert Housing Authority, hereby
certify that Resolution No. HA-129 is a full, true, and correct copy, and was duly
adopted at a regular meeting of the Authority Board of the Palm Desert Housing
Authority on March 27, 2025, by the following vote:
AYES: NESTANDE, PRADETTO, QUINTANILLA, TRUBEE, AND HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
SECRETARY
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3/28/2025
Resolution No. HA-129 Page 5
EXHIBIT A
LEGAL DESCRIPTION OF LAND
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM
DESERT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL 1A
THE SOUTHERLY 323.50 FEET OF THE WEST 7-1/2 ACRES OF THE WEST 15
ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 8, TOWNSHIP 5 SOUTH, RANGE 6 EAST, OF THE SAN BERNARDINO
MERIDIAN, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, ACCORDING TO AN OFFICIAL PLAT OF SAID LAND FILED IN THE
DISTRICT LAND OFFICE.
PARCEL 2A
AN EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS FOR
CONSTRUCTION AND EMERGENCY ACCESS PURPOSES OVER THAT PORTION
OF THE WEST 7-1/2 ACRES OF THE WEST 15 ACRES OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH,
RANGE 6 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF PALM DESERT,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO AN OFFICIAL
PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST 1/16 CORNER OF SAID SECTION 8, SAID CORNER
BEING ON THE CENTERLINE OF COUNTRY CLUB DRIVE, SAID CORNER ALSO
BEING THE NORTHWEST CORNER OF THE WEST 7 -1/2 ACRES OF THE WEST 15
ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 8;
THENCE ALONG THE WEST LINE OF THE WEST 7-1/2 ACRES OF THE WEST 15
ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 8, S 0° 10' 27" W 124.00 FEET;
THENCE S 89° 49' 33" E 33.88 FEET TO THE EAST LINE OF THAT CERTAIN
EASEMENT TO THE CITY OF PALM DESERT FOR PUBLIC ROADWAY PURPOSES
DESCRIBED IN DOCUMENT NO. 2003-461172 RECORDED JUNE 23, 2003,
RECORDS OF SAID COUNTY OF RIVERSIDE, AND TO THE TRUE POINT OF
BEGINNING;
THENCE S 89° 49' 33" E 30.28 FEET;
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THENCE S 0° 13' 14" B 874.45 FEET TO A LINE PARALLEL WITH AND 323.50 FEET
NORTHERLY OF THE SOUTH LINE OF THE WEST 7-1/2 ACRES OF THE WEST 15
ACRES OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 8;
THENCE ALONG SAID PARALLEL LINE S 89° 41' 04" W 24.00 FEET;
THENCE N 0° 13' 14" W 831.65 FEET;
THENCE N 89° 49' 33" W 8.74 FEET TO THE EAST LINE OF SAID EASEMENT TO
THE CITY OF PALM DESERT PER DOCUMENT NO. 2003-461172 AND TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF
187.50 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF CURVE BEARS S 81°
07' 08" E;
THENCE NORTHERLY 28.49 FEET ALONG SAID EAST LINE AND ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 8° 42' 25";
THENCE CONTINUING ALONG SAID EAST LINE N 0° 10' 27" E 13.62 FEET TO THE
TRUE POINT OF BEGINNING.
APN: 622-370-014
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