[9-21-2022 by Ord. 1782]
The purpose of this Chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Development Code. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.
[9-21-2022 by Ord. 1782]
The powers and duties of the City Council under this Code include, but are not limited to, the following:
A. 
Consider and adopt, reject or modify amendments to the General Plan map and text pursuant to the provisions of Chapter 6.06 (General Plan and Zoning Amendments), and of the Government Code, following a public hearing and recommended action by the Planning Commission.
B. 
Consider and adopt, reject, or modify amendments to the Official Zoning Map and to the text of this Code pursuant to the provisions of Chapter 6.06 (General Plan and Zoning Amendments), and the Government Code, following a public hearing and recommended action by the Planning Commission.
C. 
Hear and decide applications for development agreements, pursuant to Section 6.05.02 (Development Agreements).
D. 
Hear and decide appeals from decisions of the Planning Commission pursuant to Section 6.03.13 (Appeals).
E. 
Call for review a decision of the Director or Planning Commission pursuant to Section 6.03.12 (Calls for Review).
F. 
Appoint and remove members of the Planning Commission as provided for in Title III (Administration) of the Indio Municipal Code.
G. 
Establish, by resolution, a Municipal Fee Schedule listing fees, charges, and deposits for various applications and services provided, pursuant to this Code.
[9-21-2022 by Ord. 1782]
The Planning Commission is established and organized pursuant to Chapter 32 (City Commissions) of the Indio Municipal Code and the requirements of the Government Code. The powers and duties of the Planning Commission under this Code include, but are not limited to the following:
A. 
Conduct hearings and make recommendations to the City Council on proposed amendments to the General Plan map and text, pursuant to Chapter 6.06 (General Plan and Zoning Amendments).
B. 
Conduct hearings, and make recommendations to the City Council on proposed amendments to the Official Zoning Map and to the text of this Code, pursuant to Chapter 6.06 (General Plan and Zoning Amendments).
C. 
Approve, conditionally approve, modify, or deny Conditional Use Permits, Planning Reviews, and Variances, pursuant to Chapter 6.04 (Permits and Approvals), and Section 6.04.06 (Administrative Variances and Variances).
D. 
Hear and decide on modifications to approved Conditional Use Permits, Planning Reviews, and Variances, pursuant to Section 6.03.16 (Modifications of Approved Plans).
E. 
Hear and decide proposals to revoke permits, pursuant to Section 6.03.17 (Revocation of Permits) following a public hearing.
F. 
Hear and decide appeals from decisions of the Community Development Director on decisions, determinations, or interpretations made in the enforcement of this Code and any other decisions that are subject to appeal, pursuant to Section 6.03.13 (Appeals).
G. 
Call for review a decision of the Director pursuant to Section 6.03.12 (Calls for Review).
H. 
Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to State law.
I. 
Such other duties and powers as assigned or directed by the City Council.
[9-21-2022 by Ord. 1782]
The following powers and duties of the Community Development Director (the "Director") under this Ordinance include, but are not limited to the following:
A. 
Maintain and administer the Development Code, including processing of applications, abatements, and other enforcement actions.
B. 
Interpret the Development Code to members of the public and to other City Departments.
C. 
Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business. These rules and procedures shall be as approved by a resolution of the City Council following review and recommendation of the Planning Commission. They may include administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure and recordkeeping).
D. 
Issue administrative regulations for the submission and review of applications subject to the requirements of this Code and Government Code Section 65950 (Deadlines for Project Approval Conformance; Extensions).
E. 
As part of the building permit review, review applications for conformance with this Code and issue a zoning clearance letter when the proposed use, activity, or building is allowed by right and conforms to all applicable development and use standards.
F. 
Review applications for discretionary permits and approvals under this Code for conformance with applicable submission requirements and time limits.
G. 
Review applications for discretionary permits and approvals to determine whether the application is exempt from review under CEQA and notify the applicant if any additional information is necessary to conduct the review.
H. 
Process and make recommendations to the City Council on all applications, amendments, appeals, and other matters upon which the Council has the authority and the duty to act under this Code.
I. 
Process and make recommendations to the Planning Commission on all applications, appeals, and other matters upon which the Commission has the authority and the duty to act under this Code.
J. 
Conduct Administrative Planning Review pursuant to Section 6.04.03 (Planning Review).
K. 
Approve, conditionally approve, modify, or deny applications for Administrative Use Permits, pursuant to Chapter 6.04 (Permits and Approvals).
L. 
Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.
M. 
Negotiate the components and provisions of development agreements for recommendation to the City Council.
N. 
Serve as Staff of the Planning Commission.
O. 
Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the City has initiated revocation procedures.
P. 
Delegate administrative functions to members of the Planning Division as deemed necessary.
Q. 
Other duties and powers as may be assigned by the City Council or established by legislation.
[9-21-2022 by Ord. 1782]
Table 6.02.04-1 (Summary of Review Authorities for Decisions and Appeals) summarizes the powers and duties that each Review Authority has under this Code. Where a land use project requires more than one type of application, all permit requests shall be reviewed and decided on by the highest Review Authority established for any of the applications. Numbers refer to notes at the bottom of the table.
TABLE 6.02.04-1: Summary of Review Authorities for Decisions and Appeals
PROCEDURE
REVIEW AND DECISION-MAKING BODIES
PRE-APPLICATION COMMITTEE
DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
R = Review, RC = Recommendation, D = Decision, A = Appeal
GENERAL PLAN AND ZONING
Annexation
R
D
General Plan Amendment (Text or Map or Text and Map)
R
R
RC
D
Development Code Text Amendment
R
R
RC
D
Zoning Map Amendment
R
R
RC
D
Specific Plan and Project Master Plans
R
R
RC
D
Planned Development
R
R
RC
D
ENTITLEMENTS
Administrative Use Permit
R
D
A
Administrative Variance
R
D
A
Variance
R
R
D
A
Conditional Use Permit
R
R
D
A
Appeal of Administrative Decision
D
A
Appeal of Planning Commission Decision
R
D
Planning Review - Administrative
R
D
A
Planning Review — Ministerial (Residential and Mixed-Use)
R
R
D
A
Planning Review - Discretionary
R
R
D
A
Home Occupation Permit1
D
Temporary Use Permit
R
D
A
Sign Permit2
D
A
Minor Modifications to Approved Permit
D
A
Major Modifications to Approved Permit3
R
D
A
Permit Revocation
R
D
A
Permit Extension
D
A
OTHER PROCEDURES
CEQA Environmental Review
R
R
D
D
Certificate of Public Convenience or Necessity
R
D
Development Agreement
R
R
R
D
Interpretations
D
A
Pre-Application Conference
R
R
1.
See Section 4.15.03 (Home Occupation Permit; Issuance; Modification; and Revocation) for home occupation permit requirements and procedures.
2.
See Section 3.05.09 (Sign Permits and Procedures) for sign permit requirements and procedures.
3.
Major modifications are a Planning Commission action item only, not subject to public hearing.