Chapter 1.01 — PURPOSE AND AUTHORITY

[9-21-2022 by Ord. 1782]

This Title shall be known and officially cited as the "Unified Development Code of the City of Indio." It is referred to in this Title as the "Indio Development Code," the "Development Code," or the "Code."

The provisions of this Code supersede all prior ordinances codified in Chapters 150, 154, 156, and 159 of the Indio Municipal Code and any amendments.

[9-21-2022 by Ord. 1782]

The purpose of this Code is to implement the City's General Plan and to protect, promote, and enhance the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Code is adopted to achieve the following objectives:

• A. Achieve the arrangement of land uses depicted in the City of Indio General Plan, consistent with the goals and policies of the General Plan;

• B. Provide standards for the orderly growth and development of the city, and guide and control the use of land to foster a safe, harmonious, convenient, attractive, and workable relationship among land uses;

• C. Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole;

• D. Ensure consideration of natural environmental features in the development and use of land within the city;

• E. Revitalize and connect neighborhoods to preserve and enhance quality of life in the city;

• F. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas;

• G. Promote economic growth and the creation of jobs;

• H. Promote high-quality design in the development process so that new development enhances the appearance of the city as it matures;

• I. Encourage infill development in existing sections of the city and provide for innovative and sustainable development in undeveloped areas;

• J. Define duties and powers of administrative bodies and officers responsible for implementation of the Code.

[9-21-2022 by Ord. 1782]

This Code is enacted based on the authority vested in the City by the State of California, including, but not limited to: the State Constitution , Sections 65800 and subsequent sections of the Government Code , the California Environmental Quality Act, the Subdivision Map Act, the Health and Safety Code , and case law of the State and Federal courts as they may all be modified from time to time.

[9-21-2022 by Ord. 1782]

This Code is adopted to accomplish the stated objective of and to implement the City's General Plan. To accomplish these objectives, the City shall regulate the use, location, area, and dimension of sites for development; the bulk and height of structures; the appearance of certain uses, structures, and signs; open space, landscaping, access and egress, off-street parking; and other such aspects of land use which may be deemed necessary for the public peace, health, safety, and general welfare of the people working and living within the city.

[9-21-2022 by Ord. 1782]

This Code applies to all land uses, activities, structures, subdivisions, and development within the incorporated jurisdiction of the City of Indio and to property for which applications for annexation and/or subdivisions have been submitted to the City of Indio, except as provided by this Section. The applicability described in this Section is not a comprehensive list; the Director of Community Development (Director) shall determine the specific applicability of the Code to all projects and applications within the city.

• A. New Land Uses or Structures, Changes to Land Uses or Structures. Compliance with the requirements of this Code is necessary for any private person, firm, corporation or organization or public agency to lawfully establish, construct, occupy, maintain, reconstruct, alter, expand, or replace any use of land or structure. Any governmental agency shall be exempt from the provisions of this Code only to the extent that such property may not be lawfully regulated by the City of Indio (e.g., Federal or Tribal lands that are not subject to local land use regulations).

• B. Issuance of City Permits and Licenses. No permit or business license shall be issued by the City unless the proposed project or activity complies with all applicable provisions of this Code and all other applicable provisions of law.

• C. Subdivisions. Each subdivision of land approved within the City shall comply with the minimum lot size requirements of Article 2 (Zone Regulations), the City's subdivision regulations in Article 5 (Subdivision Regulations), the Subdivision Map Act, and all applicable requirements of this Code.

• D. Exemptions. The following uses and conditions are exempt from modification by this Code:

  1. Existing Uses and Structures. An existing land use/structure is lawful if legally established, operated, and maintained in compliance with all applicable zoning and development regulations at the time of establishment, as provided by Chapter 6.07 (Nonconforming Provisions).

  2. Violations. A violation or non-conforming existing land use/structure that was established prior to the adoption of this Code shall maintain the violation and/or non-conforming status until steps are taken to bring the land use or structure into conformance with this Code. See Chapter 6.07 (Nonconforming Provisions) for regulations and standards for non-conforming uses and buildings.

  3. Existing City Entitlements. Any effective entitlement and/or permit issued by the City prior to the effective date and hour of this Code shall be permitted to be exercised regardless of compliance with any or all regulations of this Code.

  4. Projects in Progress and Pending Proceedings. Any actions or proceedings initiated under provisions repealed, amended or modified by the provisions of this Code, and any vested right, shall not be affected by the enactment of the provisions of this Code, except that subsequent proceedings shall conform to the provisions of this Code insofar as possible and allowable by State law.

5. Previous Violation or Conviction. Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this Code shall be considered as a violation of and/or conviction under this Code. The repeal or substitution of any provisions shall not affect any prosecution which may be pending in any court for the violation of any provision of the Code at time of the repeal or substitution.

• E. Density Bonuses for Affordable and Senior Housing. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915 , as may be amended. See Indio Municipal Code Chapter 154 (Density Bonuses and Other Incentives for Low Income and Senior Housing).

• F. Other Requirements May Apply. Nothing in this Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any County, State, or Federal agency. No use that is illegal under local or State law shall be allowed in any zone within the city.

• G. Substandard Lots. Legally created substandard lots on record prior to the adoption of this Code shall be deemed in compliance with the minimum lot area requirements. The lot area per dwelling unit, however, shall remain as specified in the applicable zone. In no instance shall these provisions prevent the erection of a single-family dwelling on any substandard residential lot.

[9-21-2022 by Ord. 1782]

• A. Clarifcation of Ambiguity. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Code. Whenever the Director determines that the meaning or applicability of any of the requirements of this Code are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Planning Commission for determination. If ambiguity arises concerning the appropriate classification of a particular use or regulation within

the meaning and intent of this Code with respect to any matters regulated by this Code based on established or unforeseen circumstances, including technological changes in processing or application of materials, the Director shall have the authority to interpret the regulation based on understanding of the Code. Appeals on any such official interpretation by the Director may be filed and heard consistent with Article 6 (Administration and Procedures); see Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals) for the specific review/appeal hierarchy.

• B. Discretion. When this Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the issuance of any City entitlements, consistent with Article 6 (Administration and Procedures).

• C. Minimum Requirements. The provisions of this Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. Where this Code provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code, as may be determined by the applicable Review Authority, if it is deemed necessary to promote health and safety, orderly land use development, and the other purposes of this Code.

• D. Conficting Regulations. The regulations of this Code and requirements or conditions imposed pursuant to this Code shall not supersede any other regulations or requirements adopted or imposed by the Indio City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Code. All uses and development authorized by this Code shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Code and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified.

• E. Private Agreements. The provisions of this Code are not intended to revoke, annul, or impair any easements, codes, covenants and restrictions or other existing agreement between parties, which are more restrictive than the provisions of this Code. Where this Code imposes a greater restriction or higher standard than that required by private agreement, this Code shall control. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

r any easements, codes, covenants and restrictions or other existing agreement between parties, which are more restrictive than the provisions of this Code. Where this Code imposes a greater restriction or higher standard than that required by private agreement, this Code shall control. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

• F. Development Agreements and Specifc Plans. Standards adopted as part of any development agreement or specific plan shall control over any conflicting Code requirements adopted subsequent to the development agreement or specific plan.

• G. Time Limits. Whenever a number of days is specified in the Code, or in any permit, condition of approval, or notice provided in compliance with the Code, the number of days shall be consecutive calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

• H. Terminology. Language used in this Code shall be understood as follows:

  1. Mandatory Language. The words "shall," "will," "is to," "must," and "are to" are always mandatory and not discretionary.

  2. Encourage Language. "Should" indicates that the standard is not mandatory but is strongly recommended. "May" is permissive and does not represent a regulatory requirement.

  3. Indicative Language. The words "include," "includes," and "including" mean "including, but not limited to." The word "and" means that all connected words or provisions apply; the word "or" means that the connected words or provisions shall apply singly or in any combination. The words "either . . . or" indicate that the connected words or provisions shall apply singly, but not in combination.

• I. Photo and Figure Disclaimer. Images, photos, and diagrams in this Code are not intended to be interpreted literally; they are provided to illustrate regulations and assist in understanding the desired character or proposed implementation of a standard (e.g., measurement/calculation, range of scale, intensity, site organization, streetscape, building design). In case of conflict between the text and a figure, illustration, heading, caption, diagram, or graphic, the text controls.

[9-21-2022 by Ord. 1782]

It is a public nuisance for any person, firm, company, or organization to own, use, operate, lease, or otherwise maintain a property or a building, or to own, operate, lease, or otherwise maintain property in violation of any provision of this Code. Notices of violation shall be provided and recorded, and nuisances abated according to the provisions of Municipal Code Chapter 95A (Public Nuisances).

[9-21-2022 by Ord. 1782]

This Code shall be administered by the City Council, the Planning Commission, the Director or designee, the Community Development Department, the Building Official or staff person designated by the Director to perform such actions, and any other departments, groups, personnel, or individuals as identified in a specific Chapter of this Code, in compliance with Article 6 (Administration and Procedures).

[9-21-2022 by Ord. 1782]

This Code implements the goals and policies of the Indio General Plan by regulating the use of land and structures within the City. This Code and the General Plan shall be consistent with one another. Any permit, license, or approval issues in accordance with this Code must be consistent with the General Plan and all applicable specific plans. In any case where there is a conflict between this Code and the General Plan, the General Plan shall control.

[9-21-2022 by Ord. 1782]

The provisions of this Code are severable. If any applicability, Chapter, Section, subsection, paragraph, sentence, clause, or phrase of this Code is, for any reason, held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity or constitutionality of any other portion or provision of this Code.