Indio Municipal Code § 4.28.03 Two-Unit Development

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

The purpose of this section is to provide objective zoning standards for two-unit developments within single-family residential zones, to implement the provisions of State law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., and to facilitate the development of new residential housing units consistent with the City of Indio General Plan and ensure sound standards of public health and safety.

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

ADJACENT PARCEL

Any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

CAR SHARE VEHICLE

A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

COMMON OWNERSHIP OR CONTROL

Property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns 10% or more of the interest in the property.

SUFFICIENT FOR SEPARATE CONVEYANCE

As used in § 4.28.03B.8 below, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 4125 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

TWO-UNIT DEVELOPMENT

A development that proposes no more than two new units or proposes adding one new unit to one existing unit.

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

A. The Community Development Director shall ministerially review without a hearing an application for a two-unit development, and shall approve the application if all the criteria in Government Code Section 65852.21 and this section are satisfied.

Qualifying Criteria.

B. The Community Development Director shall determine if the two-unit development meets all the following requirements:

1. The two-unit development is located within one of the following single-family residential zones: Desert Estates - 1 (DE-1), Desert Estates Transition - 3 (DET-3), Suburban Neighborhoods - 4 (SN-4), and Suburban Neighborhoods - 8 (SN-8).

2. The two-unit development is not located on a site that is any of the following:

a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation.

b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

f. Within a special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the City of Indio shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Indio that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City of Indio; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City of Indio shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Indio that is applicable to that site.

h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan.

i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

j. Lands under conservation easement.

3. Notwithstanding any provision of this section or any local law, the proposed two-unit development would not require the demolition or alteration of any of the following types of housing:

a. Housing that is subject to recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low-, or very low-income.

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c. Housing that has been occupied by a tenant in the last three years.

4. The parcel is not a parcel on which an owner of residential real property has exercised the owner's right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application.

5. The development is not located in either the following:

a. A contributing structure within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or historic property or district pursuant to a city ordinance.

b. A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a property individually designated or listed as a city landmark under a city ordinance.

6. The proposed two-unit development complies with all objective zoning standards, objective subdivision standards, and objective design review standards as provided in this Code applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

a. The Community Development Director, or their designee, shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two primary units and two accessory dwelling units or junior accessory dwelling units on any parcel pursuant to this Chapter or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each.

b. Notwithstanding Subsection 4.28.03. B.7.a above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

c. For a two-unit development connected to an onsite wastewater treatment system, the applicant must provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years.

7. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed to allow separate conveyance. The proposed two-unit development shall provide a separate gas, electric, and water utility connection directly between each dwelling unit and the utility.

Parking.

8. One uncovered parking space shall be required per unit constructed via the procedures set forth in this section, except that the City shall not require any parking where:

a. The parcel is located within 1/2 mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b. There is a designated parking area for one or more car-share vehicles within one block of the parcel.

Rental.

9. Dwelling units created by a two-unit development may be used for residential uses only and may not be used for rentals of less than 30 days.

Replacement Housing.

10. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

Declaration of Prior Tenancies.

C. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an two-unit development shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in Subsections 4.28.03.B.3 and 4.28.03.B.4 above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years on a form approved by the City Attorney.

Recorded Covenant.

D. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

1. A limitation restricting the property to residential uses only; and

2. A requirement that any dwelling units on the property may be rented or leased only for a period of longer than 30 days.

The City Manager or his/her designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant.

Specific Adverse Impacts.

E. In addition to the criteria listed in this section, a proposed two-unit development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with this Code or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

Enforcement.

F. The City Attorney shall be authorized to abate violations of this Chapter and to enforce the provisions of this Chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the City of Indio from any other remedy or relief to which it otherwise would be entitled under law or equity.