Indio Municipal Code Ch. 5.17 Enforcement; Waivers; Judicial Review

[Ord. No. 1834, 6-3-2026]

The provision for enforcement of this Chapter shall be as stated in the Subdivision Map Act. The provisions of remedies shall be as stated in the Subdivision Map Act.

[Ord. No. 1834, 6-3-2026]

Under the following conditions, waiver, and/or deferment of requirements of this Chapter may be permitted.

A. Dedication of right-of-way shall be required as a condition of building permit issuance except as follows:

1. When the project is for the purpose of remodeling or addition to existing building and the proposal does not increase the floor area of an existing structure by more than 20% for residential, 10% for commercial, and/or the remodeling does not involve extensive reconstruction of a building equal to 15% the value of existing structures as determined by "fair market value" established by the County Assessor or a certified appraisal.

2. When a building permit is issued for the purpose of demolition of a structure.

3. When a building permit is issued for the construction of a wall, fence, swimming pool, or sign.

B. Applicants for a building permit shall provide street improvements, including paving, curbs and gutters, sidewalks, street trees, street signs, except:

1. Single-family residences are exempt from the improvement requirements if the same conditions exist where dedication of right-of-way apply as cited above.

2. When the partially improved street is unpaved and a residentially zoned lot or parcel is part of an area where existing street grades are such that curbs and gutter would not reasonably match existing conditions, or when a parcel is at least 1,300 feet from any improved area, a deferment of street requirements may be granted by the Public Works Director as provided herein.

3. Multiple-family dwellings, commercial and industrial buildings, churches and other institutional buildings, may be remodeled or altered without the off-site improvements being a condition of construction, provided the following exist:

a. When the improvement is a maintenance project, such as painting, reroofing, replacing existing windows or doors or air conditioners, and the like.

b. Minor building permits for signs, fences, patios, shades, screening walls, unless the structure is the principal improvement on the property.

c. When the purpose of remodeling does not involve extensive reconstruction equivalent to more than 15% of the value of the existing structure.

C. Public sewer requirements may be waived providing trunk sewers are not available within 3,000 feet, or are otherwise inaccessible because of storm channels, freeways, or similar obstructions, and providing a private sewage disposal system can be installed to the satisfaction of the Health Department and the Regional Water Quality Control Board.

D. The required city water service for a single-family residence may be waived from developments more than 1,300 feet from available city water, or when barriers (other than economic) make extension of water mains impractical. Other waivers or deferments shall be made by individual determination of the City Council.

Underground Utilities.

E. Certain circumstances are hereby acknowledged as being a basis for deferring, waiving, or conditioning the requirement that utilities be placed underground.

1. Residential subdivisions shall be subject to the underground requirements, for all existing overhead utilities less than 92kv and new utility installations.

2. Single lot developments shall be subject to the underground requirements, for all existing overhead utilities less than 92kv and new utility installations.

3. Agreement to participate in an underground utility district required. Any person obtaining a permit to erect, construct, place or replace or relocate a building, or to enlarge or make additions thereto in excess of 300 square feet shall be required to underground all existing overhead utilities less than 92kv and new installations, or participate in an underground utility district, determined by the Public Works Director.

4. Underground utility requirements may be waived, or deferred, notwithstanding other provisions of this policy, under the following conditions:

a. Where an existing utility pole for a transmission line greater than 92kv might be used in lieu of adding another pole for a street light, the street lighting luminaire may be attached to the existing pole providing the owner of the existing pole and the developer agree to the conditions of deferment specified by the city.

b. In conjunction with a one lot single-family residential development, the underground utility requirement will be fulfilled by the property owner agreeing to participate in an underground utility district. If an underground utility district does not exist, the property owner shall record a covenant against the subject property agreeing to participate in an underground utility district when one is formed.

F. Single lot multifamily residential, commercial, or industrial developments, shall be subject to the underground requirements, for all existing overhead utilities less than 92kv and new utility installations.

[Ord. No. 1834, 6-3-2026]

A. In matters dealing with off-site improvements, the Public Works Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver. Any agreement related thereto shall be executed by the Public Works Director.

B. In matters relating to on-site improvements, the Community Development Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver as provided herein.

C. The City Attorney shall approve the terms and conditions of all such agreements before it may be finalized.

D. Any person not satisfied with a decision of either the Public Works Director or the Community Development Director may appeal their ruling to the City Manager. The decision of the City Manager shall be final unless appealed to the City Council within 10 days from the date the City Manager's ruling is made.

E. A building permit shall not be issued until all the necessary agreements are entered into in accordance with this Chapter.