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5.17 Effect on entitlements already granted (particularly project which was issued sewer permits)? If the Initiative becomes law, only those projects with vested rights would be allowed to develop not subject to the Initiative. This would include projects which have a completed vesting tentative subdivision map application (see also Section 5.15, above), a development agreement which specifically vested laws in place when the agreement was executed, and persons with common law vested rights -generally defined as persons who have obtained building permits and have spent significant sums in reliance on those permits. Therefore, if a property owner has simply purchased sewer permits, but has not received any of the approvals discussed above, then such sewer permits, alone, would not grant a vested right to develop exempt from the Initiative. 5.18 Clarification for vesting tentative subdivision maps for projects with more than 10 units which are not yet final As discussed in Section 5.15, above, a completed vesting tentative subdivision application vests in the property owner the right to develop based on the laws in effect when the application was deemed complete (assuming, of course, that the property owner is able to obtain all necessary approvals to develop). So, a hillside project with more than 10 housing units to which the Initiative would otherwise apply would be exempt from the Initiative if the project had vested rights under the Vesting Tentative Subdivision Map statutes. If the application was not complete prior to the adoption of the Initiative, or the property owner's rights had not otherwise vested, then the terms of the Initiative may be used when making a decision regarding the project.33 5.19 Define Housing Unit for purposes of the Housing Cap The Initiative proposes to add a new General Plan policy to define a "housing unit" for purposes of determining when the City reaches it's voter-adopted housing cap of 29,000 housing units, as follows: Policy 15.3: A housing unit is defined to include any residence that includes a kitchen (sink, cooking device, and refrigerator) and a bathroom (toilet, tub or shower). The City Council shall uphold the housing cap and shall not grant waivers that exclude housing units consistent with this definition. 3s See Government Code § 66474.2(b). 21