HomeMy WebLinkAboutORD 1455Ordinance No. 1455
An Ordinance of the City Council of the City of Palm Desert,
California, approving a Fourth Amendment to the Development Agreement
96-1 between the City of Palm Desert and WVC Rancho Mirage, Inc.
(formerly Starwood) for Desert Willow Westin, extending the term of the
Development Agreement and finding the project is exempt from
environmental review in accordance with the California Environmental
Quality Act.
City Attorney’s Summary
This Ordinance approves the Fourth Amendment to Development Agreement
No. 96-1 between the City of Palm Desert and WVC Rancho Mirage, Inc. (formerly
Starwood) for the Desert Willow Westin Resort time -share project. The Fourth Amendment
extends the term of the existing Development Agreement from August 27, 2026, to February
27, 2027, and does not authorize any changes to the approved land uses, development
intensity, entitlements, or physical development of the Project.
The Ordinance finds that the Fourth Amendment is consistent with the Palm
Desert General Plan and complies with the requirements of Government Code Sections
65864 through 65869.5. The City Council further determines that the amendment is
exempt from environmental review under the California Environmental Quality Act (CEQA)
because it does not constitute a project requiring review and, alternatively, qualifies for the
common sense exemption pursuant to CEQA Guidelines Section 15061(b)(3), as there is
no possibility the amendment may result in a significant effect on the environment.
Whereas, the City of Palm Desert, California ("City") is a municipal corporation, duly
organized under the constitution and laws of the State of California; and
Whereas, the Planning and Zoning Law (Government Code Section 65000 et seq.)
authorizes cities to establish by ordinance regulations for land use and development; and
Whereas, WVC Rancho Mirage, Inc. (formerly Starwood), represented by William
Vanos (“Applicant”), submitted an application requesting approval of a Fourth Amendment
to Development Agreement No. 96-1, which governs the Desert Willow area, a resort time-
share project located within the Desert Willow Golf Resort, on a portion of Lot 9 of Tract
28451, north of Country Club Drive and east of Portola Avenue (“Pro ject”), for the purpose
of extending the term of the existing Development Agreement to August 27, 2026, with
minor modifications to the Development Agreement; and
Whereas, the project was approved through Precise Plan/Conditional Use Permit
No. 06-17 and Tentative Tract Map No. 35426, which authorized development of the Desert
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Willow Westin project, formerly known as the Starwood property, within the City of Palm
Desert; and
Whereas, the approved project consists of approximately 300 timeshare units, of
which 220 units have been completed, with 80 approved units remaining to be constructed
within the final five approved buildings; and
Whereas, the Project Site is located within the Planned Residential District (PR-5)
zoning district and is designated Golf Course & Resort Neighborhood by the Palm Desert
General Plan; and
Whereas, the applicant, WVC Rancho Mirage, Inc., is requesting approval of a
Fourth Amendment to Development Agreement No. 96 -1 to extend the term of the
agreement and provide additional time to complete the remaining approved units in
accordance with the established development milestones; and
Whereas, Development Agreement No. 96-1 was entered into between the City of
Palm Desert and WVC Rancho Mirage, Inc. (formerly Starwood) on February 27, 1997, and
was adopted by the City Council through Ordinance No. 824 for an initial term of fifteen
(15) years; and
Whereas, the Development Agreement was amended by a First Amendment in 2007
through Ordinance No. 1135, extending the term by four (4) years, and by a Second
Amendment in 2015 through Ordinance No. 1289, extending the term an additional ten (10)
years to February 27, 2026; and by a Third Amendment in 2026 through Ordinance No.
1442, extending the term an additional six (6) months to August 27, 2026; and
Whereas, the proposed Fourth Amendment would further extend the term of
Development Agreement No. 96-1 to February 27, 2027, and would not authorize or result
in any changes to land use, development intensity, entitlements, or physical conditions on
the Project Site; and
Whereas, the Fourth Amendment does not constitute a “project” under the
California Environmental Quality Act (CEQA) and alternatively is exempt from CEQA
pursuant to the commonsense exemption set forth in CEQA Guidelines Section
15061(b)(3), as it can be seen with certainty that there is no possibility the action may have
a significant effect on the environment; and
Whereas, on July 7, 2026, the Planning Commission held a duly noticed public
hearing to consider the proposed Ordinance, received and considered the staff report,
recommendations by staff, and public testimony concerning the proposed Fourth
Amendment to Development Agreement No. 96-1, and thereafter recommended approval
of the proposed Ordinance to the City Council; and
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Whereas, the City Council finds that the Development Agreement, as amended,
remains consistent with the City’s General Plan and complies with the requirements of
Government Code Sections 65864 through 65869.5; and
Whereas, all legal prerequisites to the adoption of the Ordinance have occurred.
The City Council of the City of Palm Desert does hereby ordain as follows:
Section 1. Incorporation.
That the foregoing Recitals are true and correct and are incorporated herein by this
reference.
Section 2. CEQA.
The City Council finds that the proposed amendment extends the term of the existing
Development Agreement and does not result in any direct physical change or a reasonably
foreseeable indirect physical change to the environment. As such, the City Council f inds
that the proposed amendment is not a "Project" as defined by State CEQA Guidelines
section 15378(a). Even if the proposed amendment constituted as a project pursuant to
the California Environmental Quality Act (CEQA), the City Council finds the propos ed
amendment is exempt from further CEQA review pursuant to the State CEQA Guidelines
Section 15061(b)(3) the commonsense exemption. Here, it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the environment
since the proposed amendment merely extends the term of the Development Agreement
and does not involve any physical change in the environment. Therefore, no additional
environmental review is required.
Section 3. Findings.
The City Council finds that Development Agreement No. 96 -1, as amended, remains
consistent with the Palm Desert General Plan. These findings are made pursuant to
Government Code Sections 65867.5 and 65868.
Section 4. Approval of the Fourth Amendment.
The City Council hereby approves the Fourth Amendment to Development Agreement No.
96-1 between the City of Palm Desert and WVC Rancho Mirage, Inc. (formerly Starwood),
extending the term of the Development Agreement to February 27, 2036, in substantially
the form on file with the City Clerk.
Section 5. Effective Date.
This Ordinance takes effect 30 days after its adoption.
Section 6. Publication.
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The City Clerk is directed to certify the adoption of this Ordinance and post or publish a
summary of this Ordinance as required by law.
Section 7. Custodian of Records.
The custodian of records for this Ordinance is the City Clerk and the records comprising
the administrative record are located at 73 -510 Fred Waring Drive, Palm Desert, CA.
Section 8. Severability.
If any provision of this Ordinance or its application to any person or circumstance is held to
be invalid by a court of competent jurisdiction, such invalidity shall have no effect on the
other provisions or applications of this Ordinance that can be given effect without the
invalid provision or application. To this extent, the provisions of this Ordinance are
severable. The City Council declares that it would have adopted this Ordinance
irrespective of the invalidity of any portion thereof.
Adopted on August 20, 2026.
Evan Trubee
Mayor
ATTEST:
Anthony J. Mejia
City Clerk
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify
that Ordinance No. 1455 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Desert City Council on July 9, 2026. and adopted at a regular meeting
of the City Council held on August 20, 2026, by the following vote:
Ayes: Harnik, Moreno, Nestande, Pradetto, and Trubee
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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8/24/2026