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5.17 Effect on entitlements already granted (particularly project which was <br /> ( issued sewer permits)? <br /> If the Initiative becomes law,only those projects with vested rights would be allowed to <br /> develop not subject to the Initiative. This would include projects which have a completed <br /> vesting tentative subdivision map application(see also Section 5.15, above);, a <br /> development agreement which specifically vested laws in place when the agreement was <br /> executed,and persons with common law vested rights- generally defined as persons who <br /> have obtained building permits and have spent significant sums in reliance on those <br /> permits. <br /> Therefore,if a property owner has simply purchased sewer permits,but has not received <br /> any of the approvals discussed above, then such sewer permits, alone,would not grant a <br /> vested right to develop exempt from the Initiative. <br /> 5.18 Clarification for vesting tentative subdivision maps for projects with more <br /> than 10 units which are not yet final <br /> As discussed in Section 5.15,above,a completed vesting tentative subdivision <br /> application vests in the property owner the right to develop based on the laws in effect <br /> when the application was deemed complete(assuming,of course,that the property owner <br /> is able to obtain all necessary approvals to develop). So, a hillside project with more than <br /> 10 housing units to which the Initiative would otherwise apply would be exempt from the <br /> Initiative if the project had vested rights under the Vesting Tentative Subdivision Map <br /> statutes. <br /> If the application was not complete prior to the adoption of the Initiative, or the property <br /> owner's rights had not otherwise vested, then the terms of the Initiative may be used <br /> when making a decision regarding the project.33 <br /> 5.19 Define Housing Unit for purposes of the Housing Cap <br /> The Initiative proposes to add a new General Plan policy to define a"housing unit" for <br /> purposes of determining when the City reaches it's voter-adopted housing cap of 29,000 <br /> housing units,as follows: <br /> Policy 15.3: A housing unit is defined to include any residence that <br /> includes a kitchen(sink, cooking device, and refrigerator) and a <br /> bathroom (toilet, tub or shower). The City Council shall uphold the <br /> housing cap and shall not grant waivers that exclude housing units <br /> consistent with this definition. <br /> " See Government Code §66474.2(b). <br /> 21 <br />