Indio Municipal Code Ch. 5.12 Dedications and Development Fees

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

The procedure for satisfying this Chapter shall be as provided in the Subdivision Map Act, California Government Code § 66475 et seq.

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

A. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, and install all required facilities in drainage, public utility easement and other public easements as required by the general plan, or any specific plan or master plan adopted pursuant thereto.

B. Whenever a subdivider is required to dedicate roadways to the public, the subdivider may also be required to dedicate additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, pursuant to Map Act Section 66475.1.

C. Whenever a subdivider is required to dedicate roadways to the public, the subdivider may also be required to dedicate additional land for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of the subdivision.

D. All property dedications to the city for public purposes shall be conveyed in fee title, unless the city elects, at its discretion, to accept a grant of easement for open space, scenic, trail, or public utility easements. All fee dedications and grants of easements must be delivered free of liens and encumbrances, except for those that the city determines do not interfere with the intended use. The city may also accept an irrevocable offer of dedication as an alternative to immediate dedication.

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

A. On arterials and secondary highways, the City may require additional dedications of rights-of-way or easements for landscaping, pedestrian paths, and the like. Such dedication shall be improved with permanently irrigated landscaping.

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

A. Sunlight easements to assure each parcel or unit in a subdivision the right to receive sunlight for any solar energy system, may be required, provided that all the following are submitted for city approval.

1. Specific standards to determine the exact dimensions and location of such indicated easements, which standards shall be applicable to the entire subdivision.

2. Specific regulations on any restrictions on vegetation, buildings and other objects which have the capability of obstructing the passage of sunlight through the easement.

3. Specific terms or conditions, if any, under which an easement may be revised or terminated.

4. These standards are not applicable to condominium projects which consist of the subdivision of airspace in an existing building where no new structures are added.

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

A. The City may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access.

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

A. As a condition of approval of a final map, a subdivider who develops within the city shall dedicate, if required, to the school district such lands as the City Council shall deem to be necessary for the purpose of construction thereon of schools necessary to assure the residents of the subdivision adequate elementary school service per the provisions of the Subdivision Map Act California Government Code Section 65970 et seq.

Procedure.

B. The requirement of dedication of school lands shall be imposed at the time of approval of the tentative map. If within 30 days after the tentative map has been approved by the Planning Commission, the affected school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.

Payments.

C. Payments to subdivider for school dedications shall be made in accordance with the requirements of the Subdivision Map Act.

Other School Site Requirements.

D. The provision for school site dedication set forth above shall not be exclusive, but shall be cumulative and additional to any other provision for school site dedication, or payment of fees in lieu thereof, which may be duly adopted by the City Council, including as example and not as limitation, the provisions of the California Government Code § 65970 et seq.

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

A. As a condition of approval of a map, the subdivider shall reserve, if required, sites appropriate in area and location for recreational facilities, fire stations, or other public uses according to the standards, formula and procedures contained in this Chapter and the Subdivision Map Act.

B. Where recreational facilities, a fire station or other public use is shown on an adopted general plan element, the subdivider may be required by the city to reserve sites as determined by the city.

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

A. The subdivider shall be required to furnish, construct, install and convey ownership to the city or other agency or utility by his/her development. These improvements shall include all standard improvements, required by this Chapter and general plan and/or specific plan adopted pursuant thereto, including, but not limited to, asphalt concrete pavement, curbs and gutters, sidewalks, street lights, street trees, irrigated landscaping, survey monuments, storm drainage facilities, undergrounding of all existing overhead utilities less than 92kv, electrical gas and water system, including fire hydrants and appurtenances, and any other improvements as may be required as a condition of approval of the final or tentative or revised map. All improvements shall be in conformance with city-adopted standards.

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

Concurrent with the filing of any final or parcel map for residential development, and application for building permits for any non-residential development, the subdivider or owner or developer of a lot shall pay or cause to be paid a storm drain facilities fee as established pursuant to the city's impact fee ordinance. The fee for each lot or dwelling unit within a development project shall be paid in-full prior to the issuance of any certificate of occupancy, unless otherwise authorized by the Mitigation Fee Act. (§§ 33.065 et seq.)

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

A. Notwithstanding the provisions of any other provisions of this Code to the contrary, and specifically in addition to the provisions of §§ 156.130 et seq., upon application for a building permit, the subdivider or owner of a lot shall be required to pay or cause to be paid a road, bridge and thoroughfare fee as established pursuant to the city's impact fee ordinance (§§ 33.065, et seq.).

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

A. Prior to application for a building permit, the subdivider or owner of a lot or developer shall be required to pay or cause to be paid the following fees for defraying the actual or estimated of construction of any traffic signal related to the project. The fees shall be as established and periodically amended by the City Council. In the event this section becomes effective after recording of a final map, fees for residential development shall be payable upon application for a building permit.

B. Notwithstanding any of the provisions of this section, no fee shall be payable on account of construction of additional space to an existing single-family dwelling. Credits may be negotiated with developments covered by assessment districts or Mello-Roos Community Facilities Districts.

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

Required.

A. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, or number for the benefit of property not within the subdivision, as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed pursuant to the provisions of the Subdivision Map Act for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

Supplemental Improvements Reimbursement Agreement; Funding Procedures.

B. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of this Chapter is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. In addition to any other notice required by law, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least 10 days prior to the date established for hearing.