HomeMy WebLinkAboutRes 2024-003RESOLUTION NO. 2024-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC., CASE
NO. DA 98-1, AMENDMENT NO. 2
WHEREAS, a Precise Plan (PP) and Conditional Use Permit (CUP) for the Marriott
Shadow Ridge (‘Project”) was originally approved, subject to conditions by the City Council
on November 12, 1998, pursuant to Resolution No. 98-108; and
WHEREAS, the original Project approval was processed pursuant to a Mitigated
Negative Declaration, which was certified on November 12, 1998; and
WHEREAS, the City Council did, at their meeting on December 10, 1998, approve
Development Agreement 98-1 (adopted as Ordinance No. 888) (“DA 98-1”) with Marriott
Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and
WHEREAS, the Planning Commission did, at its meeting on February 17, 2015,
approve a two-year extension for DA 98-1 through December 2020; and
WHEREAS, the Planning Commission did, at its meetings on February 21, 2017,
hold a duly noticed public hearing to consider the request for approval of an extension to DA
98-1, Amendment No. 1, to extend the term of DA 98-1 through December 10, 2030, and
did recommend approval of the said request to the City Council by its Resolution No. 2689;
and
WHEREAS, at said public hearing on March 23, 2017, the City Council heard and
considered all testimony and arguments of interested persons regarding the request by
Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment No. 1; and
WHEREAS, the City Council did, at their meeting on March 23, 2017, approve DA
98-1, Amendment No. 1 (adopted as Ordinance No. 1320) to extend the term of DA 98-1
through December 10, 2030; and
WHEREAS, due to unprecedented and unanticipated economic conditions, the
development of Designated Remainder Parcels 4 and 5 of Tract 28818-1, as shown by the
map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside
County, California (the “Subject Property”) has not occurred as originally contemplated in
DA 98-1; and
WHEREAS, the Developer now desires to amend DA 98-1 to provide for its
termination in the event of a consummated sale of the Subject Property; and
WHEREAS, the Palm Desert General Plan Land Use Designation of the site is
Resort & Entertainment District; and
WHEREAS, the amendment to the Development Agreement (DA) for termination in the
event of a consummated sale of the Subject Property is consistent with the General Plan; and
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WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
19TH day of December 2023, hold a duly noticed public hearing and adopted Resolution 2848
recommending approval of the Second Amendment to the DA to the City Council; and
WHEREAS, The City of Palm Desert (City), in its capacity as the Lead Agency for
this project and pursuant to the (CEQA), has determined that the original DA was analyzed
under a Mitigated Negative Declaration and not changes to the project and built
environment are proposed at this time which would necessitate further review. The
proposed modifications to the Development Agreement will not result in any physical
alterations to the existing project previously analyzed under the previously prepared MND.
The proposed amendments to the DA do not alter the physical environment and qualify for a
CEQA exemption under Guidelines Section 15061(b)(3) and there is no substantial
evidence that there is any possibility that the activity in question may have a significant
effect on the environment.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th
day of January, 2024, did hold a duly notices public hearing to consider the request by
Marriott Ownership Resorts, Inc.,, and considering all testimony and arguments, if any, of all
interested persons desiring to be heard, approved said request.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. Recitals; Findings. The City Council finds and determines that the
recitals set forth above are true and correct, that the recitals are incorporated herein by this
reference, and that the recitals constitute the City Council’s findings for approval of DA 98-1,
Amendment No. 2.
SECTION 2. Approval. DA 98-1, Amendment No. 2, attached hereto as Exhibit “A”
and incorporated herein by this reference, is hereby approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for
approval of the City Council in this case.
2. That the City Council does hereby approve the Second Amendment to DA 98-1.
ADOPTED ON JANUARY 25, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-003 is a full, true, and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Desert on January 25, 2024, by the following
vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
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
CITY CLERK
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1/26/2024
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EXHIBIT A
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