HomeMy WebLinkAboutRDA RES 544RESOLUTION NO. 544
A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY
MAKING CERTAIN FINDINGS IN CONNECTION WITH PAYMENT BY
THE AGENCY FOR THE INSTALLATION AND CONSTRUCTION OF
ONSITE AND OFFSITE IMPROVEMENTS AT FALCON CREST
THE PALM DESERT REDEVELOPMENT AGENCY HEREBY F1NDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1 On July 14, 2005, the Agency entered into an agreement with ComDyn
PD, LLC for a development of 121 low and moderate income housing units, consisting of 94
single family houses, 27 senior villas, and onsite and offsite improvements. The first of three
phases in the development has been completed, and the second phase is 70 percent complete.
The onsite and offsite improvements in the development include streets, sidewalks, utilities,
storm drainage facilities and a passive park. The passive park will be located on a remnant
parcel of insufficient size for the construction of a housing unit. All of the onsite and offsite
improvements are part of the new construction of the 121 housing units for low or moderate
mcome.
Section 2. The streets, sidewalks, storm drainage facilities and passive park are all
Zocated within the development. The passive park is within walking distance of all three phases
oithe development - 29 of the single family units are less than 400 feet from the park, 30 of the
units• are approximately 1000 feet &om the park and 34 of the units are 1700 feet from the park.
The passive park is the only park or recreational facility within the development. The low and
moderate income persons in the development are directly benefited by t�e onsite and offsite
impr.ovements, including the passive park.
Section 3. The Parks and Recreation Element of the City's General Plan notes that
parks can be considered either passive (parks meant for the enjoyment of sitting, picnicking and
hiking) or active (parks with sports fields, exercise equipment and playground areas). The Parks
and Recreation Element also notes that mini-parks or pocket parks are the smallest park
classification and are generally used to address limited or isolated recreational needs. They are
generally very popular in new housing developments, and are sometimes called "tot lots" or
"sitting parks". For this reason they are considered specialized facilities that serve a concentrated
or limited population, or specific group, such as very young children or seniors. Generally, mini-
parks are located iriside a neighborhood, within or in close proximity to apartment complexes,
townhouse developments, senior housing or other development that requires recreational space.
The City does recognize that they can serve as an integral part of a well-rounded park system,
and will continue to take into account their importance in helping to meet the community's
recreational needs. All of the onsite and offsite improvements, including the passive park, are a
reasonable and fundamental component of the housing units in the subject development.
Section 4. Purchasers of the uttits at the subject development are required to sign the
Rffordable Housing Restriction Lien Agreement as part of the purchase process. The Agreement
places covenants on the property that maintain affordability, restrict sales price, restrict the
P6402-0001 \98 �213v�.doc
RESOLDTION NO. 544
buyer's annual income criteria to ensure low and moderate income residents as qualified buyers.
In addition, if the owner fails to occupy the property as the owner's sole and primary residence
for� a pe�iod of 90 or more calendar days, cumulatively, in any calendar year, without the
Agency's Executive Director consent, then the owner will be in breach of the Agreement. All of
the units ir� the development will remain available at affordable housing cost to persons and
families of very low, low, low or moderate income, and will be occupied by these persons and
families, for the same time period and in the same manner as provided in subdivision (c) and
paragraph 2 of subdivision (f} of Section 33334.3 of the Health and Safety Code.
PASSED, APPROVED AND ADOPTED on 25tb day of October 2007
,
AYES: B�soN, FERGIISON, FINERTY, SPIEGEL, and KELLY
NO�S: NoxE
A$SENT: NoxE
AB�TAIN: Nor�
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