The ordinance codified in this chapter is enacted pursuit to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the vesting tentative map statute) and may be cited as the vesting tentative map ordinance.
(Ord. 1005 § 1, 1998)
It is the purpose of this chapter to establish procedures for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) and this title. To accomplish this purpose, the requirements imposed by this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development in Inyo County. Except as set forth in this chapter, provisions of Title 16 shall apply to vesting tentative maps.
(Ord. 1005 § 1, 1998)
No land may be subdivided and developed pursuant to a vesting tentative map for any purpose or in any manner which is inconsistent with the Inyo County general plan and/or any applicable specific plan, or which is not permitted by this title or other applicable provisions of this code.
(Ord. 1005 § 1, 1998)
A "vesting tentative map"
means a "tentative map," as defined in Section 16.12.300 of this title that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Section 16.22.050 and which is thereafter processed as a vesting tentative map in accordance with the provisions of this chapter. All other definitions set forth in this title are applicable to vesting tentative maps.
(Ord. 1005 § 1, 1998)
A. 
Whenever a provision of the Subdivision Map Act, as implemented and by this title, requires the filing of a tentative map or tentative parcel map for a development, a vesting map may instead be filed in accordance with the provisions of this chapter, title and state law.
B. 
If a subdivider does not seek the rights conferred by this chapter and/or the vesting map statute, the filing of a vesting tentative map shall not be prerequisite to any approval for any proposed subdivision, or any permit for, or work preparatory to, construction.
(Ord. 1005 § 1, 1998)
The provisions of this section shall govern the content and form of vesting tentative maps.
A. 
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."
B. 
Except as provided by this chapter, a vesting tentative map shall be filed in the same form and shall contain the accompanying data and reports as required by this title for a tentative map.
(Ord. 1005 § 1, 1998)
The following provisions shall govern the filing, processing, and review of vesting tentative maps:
A. 
Except as provided below, a vesting tentative map shall be processed and reviewed in the same manner as set forth in this title for the processing and review of a tentative map.
1. 
Prior to filing a vesting tentative map, anyone wishing to proceed under this chapter shall have a preapplication conference with the Inyo County subdivision committee. The subdivision committee shall determine the information required to be filed with the vesting tentative map application. Prior to the preapplication conference, the applicant shall submit to the subdivision committee all information that is required of a tentative map application. The subdivision committee will review that information and inform the applicant of any additional information required by the committee to be submitted with the vesting tentative map application. An initial environmental review of the proposed project shall be completed prior to the preapplication conference as provided by Chapter 15.20 of Inyo County Code.
2. 
The minutes of the preapplication conference shall govern the filing requirements for the vesting tentative map, and shall accompany the map when it is filed. The information required by the subdivision committee for formal submission of the vesting tentative map may include, but is not limited to the following:
a. 
A drainage plan for control of both on-site and off-site storm runoff including depiction of watercourses, channels, existing culverts and drainpipes; existing and proposed facilities for control of stormwaters; data as to the amount of runoff and the approximate grade; and dimension of proposed facilities for control of stormwaters.
b. 
Building envelopes.
c. 
Proposed land use and types of structures.
d. 
Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the county to determine future needs.
e. 
Detailed grading plans.
f. 
Detailed construction plans for streets, utilities and other site improvements in sufficient detail for review by the governmental entities charged with the review of such plans.
g. 
Geological studies, including but not limited to, a soils report prepared pursuant to Section 66490 of California Government Code by a civil engineer registered in this state and, if required, fault-rupture hazard investigations prepared pursuant to the Alquist-Priolo Earthquake Fault Zoning Act (Section 2621 et seq., of California Public Resources Code) by a geologist registered in this state.
h. 
A hazardous waste and substance statement signed by the applicant in the form proscribed by Section 65962.5 (f) of California Government Code.
B. 
Any information required by the subdivision committee shall be clearly described and listed with an anticipated review period within which the committee will act upon the information submitted. The member of the subdivision committee who requires any additional information shall approve or reject the acceptability of that information prior to the filing of the vesting tentative map.
C. 
The subdivision committee may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the vesting tentative map.
D. 
No vesting tentative map shall be approved prior to the effective date of approval of any associated discretionary permit or action.
E. 
Upon filing a vesting tentative map, the subdivider shall pay the fees imposed by and set forth in the county schedule of fees for the filing and processing of a tentative map.
F. 
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this title for the expiration of the approval or conditional approval of a tentative map.
G. 
Any time prior to the expiration of a vesting tentative map, the subdivider or his/her assignee may apply for an amendment to the vesting tentative map. No application for amendment shall be required when the reviewing authority finds that such amendment is a minor modification that is in substantial compliance with the original approval and that no new conditions of approval are required.
H. 
For a vesting tentative map representing intended development that is inconsistent with the land use designation established pursuant to the Inyo County general plan or any specific plan in existence at that time, or with any zoning designation established pursuant to Title 18 of the county code, that inconsistency shall be noted on the map. The planning commission may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the general plan, specific plan and/or zoning designation to eliminate the inconsistency. If the change in the pertinent general plan, specific plan and/or zoning designation is obtained, the approved or conditionally approved vesting tentative map shall confer the right to proceed with the development as approved.
I. 
Fees for development permits (e.g., building and grading permits) filed per an approved vesting tentative map or a recorded vesting final or parcel map shall be the fees as set forth by county ordinance at the time of issuance of such permit.
(Ord. 1005 § 1, 1998)
A. 
When the planning commission approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect at the date the application for the subdivision has been determined to be complete and pursuant to California Government Code Section 66474.2. If Section 66474.2 is repealed, the approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.
B. 
Notwithstanding subsection A of this section, the planning commission may condition or deny a permit, approval, extension, entitlement, or may require an amendment to the map if it determines any of the following:
1. 
A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety.
2. 
The condition or denial is required in order to comply with state or federal law.
C. 
The planning commission may alter any condition of a vesting tentative map through an amendment pursuant to Sections 16.22.070(G) and (H) in order to protect against conditions dangerous to public health and safety or to comply with state or federal law.
D. 
The rights conferred by this section shall expire if a final or parcel map is not recorded prior to the expiration of the vesting tentative map as provided in Section 16.22.070(F). If the final or parcel map is recorded within that time, these rights shall last for the following periods of time:
1. 
An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.
2. 
The initial time period set forth in this section shall be automatically extended by any time used for processing a complete application for a grading permit or for any design or architectural review when such processing exceeds thirty days from the date a complete application is filed.
3. 
A subdivider may apply for a one-year extension at any time before the initial time period set forth is subsection (D)(1) of this section expires. If the planning commission denies the application for an extension, the subdivider may appeal that denial to the county board of supervisors within fifteen days as provided by Chapter 16.56 of this title.
4. 
If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
(Ord. 1005 § 1, 1998)