Indio Municipal Code Ch. 5.02 Definitions

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

Whenever any words or phrases as used in this Article are not defined herein, or in the City's Unified Development Code, but are defined in the Subdivision Map Act (SMA) of the State as last amended, such definitions are incorporated in this Title and shall be deemed to apply.

ACREAGE

Any parcel of land, of one acre or more and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared the parcel as acreage.

ADVISORY AGENCY

Shall mean the review authority established in Table 5.03.01-1 (Review Authority), including the Community Development Department, Community Development Director, City Engineer, and Planning Commission.

APPEAL BOARD

The City Council of the city unless otherwise noted.

BLOCK

The area of land within a subdivision, which is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

COMMON AREA

An entire condominium project excluding all units therein, or otherwise privately owned.

COMMUNITY APARTMENT PROJECT

A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

CONDOMINIUM

Shall have the same definition as in Section 761 of the Civil Code, as amended, which is property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within which a unit may be located may be in, on, or over the land. A condominium may include, in addition, a separate interest in other portions of such real property and is more particularly defined in Cal. Civ. Code § 783.

CONDOMINIUM CONVERSION PROJECT

The conversion to subdivision of a single ownership parcel of existing improved real property, including but not limited to a structure containing two or more dwelling units, into a form of ownership for residential purposes involving the right of exclusive occupancy or separate ownership of individual units, including but not limited to stock cooperatives and cooperative and community apartments pursuant to State law.

CONVERSION

The formal process of subdividing existing residential dwelling units into condominiums.

COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)

CC&Rs are contractual agreements that outline the rules, restrictions, and responsibilities of property owners within a community or development. Their purpose is to preserve property values, safeguard homeowners' rights and interests, and promote a cohesive and well-maintained environment.

DESIGN

Shall have the same meaning as in the SMA, and currently means:

(1)

Street alignments, grades, and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3)

Location and size of all required easements and rights-of-way;

(4)

Fire roads and fire breaks;

(5)

Lot size and configuration;

(6)

Traffic access and circulation;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes;

(9)

Other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plans required pursuant to Government Code Section 66473.5.

DEVELOPER

The owner or subdivider with a controlled proprietary interest in the proposed condominium.

DEVELOPMENT

The uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.

DRIVEWAY

The paved access from public or private streets to an area or building, reserved for the private use of the owner(s) of the driveway. Driveway approaches shall be constructed of Portland cement concrete.

EASEMENT

A specified legal right over an area of land dedicated to the city, which shall be continuing and irrevocable unless formally abandoned by the city, and any other such land whether held by a public entity, public utility, or private party.

FAIR MARKET VALUE

The value of the land being subdivided based upon the current assessed value, modified to equal market value in accordance with the current practice of the County Assessor, or, at the option of city, based upon an appraisal by a licensed and qualified appraiser. In the event that the city elects to secure an appraisal in order to determine the value of land subject to Chapter 5.14 (Parks and Recreation Land Dedication), the city shall meet and confer with the subdivider seeking to record a final map with respect to the land in question. The purpose of this meeting and conference shall be the selection of an appraiser, acceptable to both the subdivider and the city, to render the appraisal that the city has elected to secure pursuant to Chapter 5.14 (Parks and Recreation Land Dedication). Such a meeting and conference will not exceed three business days in length. If after a reasonable good faith effort by the city to agree with a subdivider upon an appraiser, no agreement is reached, the city will unilaterally select an appraiser it finds acceptable. All costs of said appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit. An appraiser selected pursuant to Chapter 5.14 (Parks and Recreation Land Dedication) shall find the fair market value of land to be equal to the amount of cash or its equivalent that such land would bring if exposed for sale in the open market under conditions in which neither buyer nor seller could take advantage of the exigencies of the other, and both the buyer and the seller have knowledge of all of the uses and purposes to which the land is adapted and for which it is capable of being used, and of the enforceable restrictions upon these uses and purposes. The fair market value shall be determined before the final map or parcel map of a subdivision is filed. With regards to any park and recreation improvements, or equipment provided by the subdivider, the fair market value shall be the actual cost of acquiring, constructing, and installing the improvement or equipment.

GENERAL PLAN

The general policies and land use plan; including all adopted elements, in effect in the city.

IMPROVEMENT STANDARDS AND SPECIFICATIONS

The standard details and specifications, and other standards that are adopted as supplemental to this Article that govern the improvements to be constructed pursuant to this Article and the Subdivision Map Act.

IMPROVEMENTS

Shall have the same meaning as in the SMA. Refers to any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

LOT LINE ADJUSTMENT

A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created.

MERGER

The joining of two or more contiguous parcels of land under one ownership into one parcel.

MINOR AMENDMENT

Amendments to an approved tentative map are considered minor if no lots, units, or building sites are added, changes align with the original approval intent, and there are no Map Act or title violations.

PARCEL MAP

A map prepared in accordance with the Subdivision Map Act and local subdivision ordinances, typically used to subdivide land into four or fewer parcels, or for certain divisions or lot line adjustments that do not require a final map. A parcel map, prepared by or under the direction of a registered civil engineer or licensed land surveyor, must include:

(1)

The boundaries of the land included within the subdivision;

(2)

The location of streets;

(3)

Each parcel, numbered or otherwise designated;

(4)

A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map. A parcel map must satisfy any additional requirements of the local subdivision ordinance.

PARK

A parcel or contiguous parcels of land owned, operated, and maintained by a public agency or private association, which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working, or visiting in the city. PARKS may be classified as community parks, including community centers, athletic facilities, large multi-use swimming pools, picnic areas, cultural centers or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. PARKS may also include, or be limited to open space areas suitable for active or passive uses.

PARK AND RECREATIONAL FACILITIES

Any public improvements deemed necessary by the city to develop, improve, or rehabilitate land and facilities for park and recreational purposes. Such improvements may include, but not be limited to: grading; landscaped areas for active and passive recreational use; open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings; swimming pools; volleyball, basketball, tennis, racquetball and other courts; vehicle driveways, parking areas and any other facilities that may hereafter be authorized by State law or approved by the city.

PERIPHERAL STREET

A street where right-of-way is contiguous to the exterior boundary of a subdivision.

PRIVATE OPEN SPACE

Privately owned land and facilities for park and recreation purposes provided within a subdivision and perpetually maintained and operated by the future residents, owner of the subdivision, or property owners' association.

RECREATIONAL OPEN SPACE

An undivided interest in common in open space on the project (exclusive of the required front setback area and any area fenced for the use of an individual unit) which shall be used exclusively for leisure and recreational purposes, for the use occupants and their visitors of units of the project and to which such occupants and their visitors shall have the right of use and enjoyment. Accessory structures such as swimming pools, recreational buildings, and landscaped areas are examples of uses of recreational open space.

REMAINDER

That portion of an existing parcel which is not included as part of the subdivided land but must be shown on the required maps as part of the area surrounding subdivision development, as described in Government Code Section 66424.6.

STANDARD SUBDIVISION

A standard subdivision is a subdivision with no common areas.

STOCK COOPERATIVE

As defined in Section 4190 of the Civil Code, as may be amended shall read, a stock cooperative is a corporation formed or availed of primarily for the purpose of holding title to improved real property, either in fee simple or for a term of years.

SUBDIVIDER

A person, firm, corporation, partnership, or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

SUBDIVISION

The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. Subdivision also includes a condominium project, as defined in Section 4125 or 6542 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code.

SUBDIVISION MAP ACT or MAP ACT

The State law governing the division of land currently contained in California Government Code § 66410 et seq.

TENANT

A person, who rents, leases or subleases, through either a written or oral agreement, real property from another.

TENTATIVE MAP

A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it. This map need not be based upon an accurate or detailed final survey of the property.

TRACT MAP (Final Map)

A map prepared in accordance with the Subdivision Map Act and local subdivision ordinance that divides land into five or more parcels, five or more condominiums, a community apartment project with five or more units, or a conversion of a dwelling to such a project.

VESTING TENTATIVE MAP

A map which meets the requirements of a tentative map and Government Code Section 66452.

ZONING REGULATIONS

The governing zones as contained in the rest of the Unified Development Code, as adopted pursuant to State law.