Indio Municipal Code Ch. 5.06 Vesting Tentative Maps

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

This Chapter is enacted pursuant to the Subdivision Map Act, California Government Code § 66452 et seq.

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

The purpose of this Chapter to establish procedures necessary for the processing, reviewing, and approving a vesting tentative map application, and to supplement the provisions of the Subdivision Map Act and this title. The regulations outlined in 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. Except as otherwise contained in this Article, the provisions of this Chapter shall apply to a vesting tentative map application.

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

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the city's general plan, any applicable specific plan, or zoning regulation of the city.

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

A. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Chapter requires the filing of a tentative map or tentative parcel map for a development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction.

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

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in § 5.05.07(Filing and Processing) of this Article for a tentative map except as hereinafter provided:

A. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

B. At the time a vesting tentative map is filed, a subdivider shall provide the required information listed in § 5.05.06 (Content and Form for Tentative Maps) of this Article.

C. The subdivider shall also supply the following information in a form specified by the Community Development Director unless the same is specifically waived by the Director with written justification:

1. Height, size, and location of site improvements thereof;

2. Sewer, water, storm drain and road detail for on-site and off-site improvements.

3. Information on the uses to which the buildings will be put;

4. Detailed grading plans;

5. Geological studies;

6. Flood control information;

7. Noise impact studies.

D. Waivers shall be documented in the record and may be overruled by the Planning Commission during the map review proceedings.

The Planning Commission shall approve, conditionally approve, or disapprove the tentative vesting map within 50 days after the filing thereof with its clerk and report its action to the subdivider.

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

The fees for a vesting tentative map shall be the same as for a tentative map unless otherwise specified by the city's fee schedule as adopted by resolution of the City Council.

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

Pursuant to Government Code Section 66452.6 as amended, the approval or conditional approval of a vesting tentative map shall be two years from the date of the City Council approval. Extensions shall be requested at least 45 days prior to the expiration date of the vesting tentative map.

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

A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in California Government Code Section 66474.2. Vested rights include density, design standards, improvement requirements, and development fees, unless tied to a later point in project approval.

1. However, if the California Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map 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.

2. The city may apply any ordinances, policies or standards that were formally published to amend applicable general or specific plans, subdivisions or zoning regulations prior to a vesting tentative map being received as a complete application and that are in effect on the date the city approved or disapproved the vesting tentative map.

B. Notwithstanding Subsection A of this section a permit approval, extension or entitlement maybe made conditional or denied if any of the following are determined:

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, or both.

2. The condition or denial is required, in order to comply with State or Federal law.

C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 5.06.07 (Expiration of Vested Maps). If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year beyond the recording of the final map. 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 Subsection C(1) above, shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

3. A subdivider may apply to the City Council for a one-year extension at any time before the initial time period set forth in Subsection C(1) above, expires.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in Subsection C(1) and (3) above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

5. The developer who applies for an amendment pursuant to California Government Code Section 66498.2 shall do so prior to the expiration of vesting rights. The city shall process the application as a modification to tentative maps as contained in this Chapter. Approved modifications shall not extend the vesting period.

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

A. If a subdivider files a vesting tentative map for a subdivision and the proposed development is inconsistent with the zoning regulations in effect at the time of filing, the inconsistency shall be identified on the map. The City shall either deny the vesting tentative map or approve it subject to the condition that the subdivider, or the subdivider's designee, obtain the required amendment to the zoning regulations to resolve the inconsistency.

B. If the change in the zoning regulations is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding § 5.06.08A confer the vested right to proceed with the development in substantial compliance with the change in the zoning regulations and the map, as approved.

C. The rights conferred by this section shall be for the time periods set forth in § 5.06.08C.

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

Notwithstanding any provisions of this Chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in §§ 5.06.08 A and 5.06.09 and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.