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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 />33 See Government Code § 66474.2(b). <br />21 <br />