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Home My WebLink About4350_CCv0001.pdf RESOLUTION NO. 4350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING CRITERIA FOR DETERMINING VESTED PROJECTS UNDER MEASURE "N" WHEREAS, on November 3, 1987 , the voters of the City of Redlands adopted an initiative ordinance, commonly referred to as Measure "N, " to moderate the rate of growth within the City of Redlands and to preserve the City ' s unique environment and character; and WHEREAS , Section 4 of Measure "N" provides that its provisions shall not apply to any development project which has obtained a vested right as of the effective date of the Measure; and WHEREAS , Section 17 of Measure "N" further provides that a "vested right" shall be obtained only if each and all of the following criteria are met: A. The proposed project received a building permit or its final discretionary approval ; B. Substantial expenditures were incurred in good faith reliance on the permit or final discretionary approval ; and C. Substantial construction was performed in good faith reliance on the permit or final discretionary approval ; and WHEREAS, Measure "N" requires that the "substantiality" of any expenditures incurred and of any construction performed, and the question of whether or not such expenditures and construction were in "good faith, " are questions of fact to be determined on a case-by-case basis by this City Council following application by the developer and notice and public hearing; and WHEREAS, in accordance with Section 4 of Measure "N, " it is the desire of this City Council to adopt guidelines to interpret and implement the vesting provisions of Measure "N; " NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as follows: Section 1 . The following criteria shall be considered by this City Council , after notice and public hearing, to determine whether a project is vested under Measure "N: " A. "The proposed project received a building permit or final discretionary approval . " A project shall be deemed to have met this requirement if it has either an approved building permit or, (a ) for apartments and mobile homes the project has received an approved conditional use permit , (b ) for lot-sale subdivisions - the project has received an approved tentative tract map, (c) for apartments and developer built subdivisions constructed after 1985 - the project has received all of its residential development allocations, and (d) for development projects constructed outside the City' s boundaries - the project has received water and sewer service allocations . -2- B. "Substantial expenditures were incurred in good faith reliance on the permit or final discretionary approval . " Measure "N" does not define the term "substantial expenditures . " However, for purposes of determining whether or not a development project has a vested right under California law, judicial decisions have held that such determinations must be made on a case-by-case basis taking into account both quantity and comparison of the expenditures . Accordingly, substantial expenditures shall be determined to have been incurred for a development project if the sum of $1, 000 per dwelling unit was expended on the project . Costs associated with a construction loan shall be considered in the determination of substantial expenditures, however, costs associated with land acquisition shall not be considered. C. "Substantial construction was performed in good faith reliance on the permit or final discretionary approval . " Measure "N" does not define the term "substantial construction. " Accordingly, substantial construction shall be determined to have taken place if grading for the project site, pursuant to an approved grading permit, was completed by December llth, 1987 and either, (a ) on-site or off-site public improvements were constructed, -3- inspected and approved; (b) on-site foundations were formed or poured; or (c ) demolition of substantial on-site buildings or structures occurred. D. "Good faith. " Expenditure timing shall be used to determine whether or not substantial expenditures were incurred and substantial construction performed in "good faith reliance" on the permit or final discretionary approval. ADOPTED, SIGNED AND APPROVED this 2nd day of February 1988 . Mayor of the City of Redlands ATTEST: i Clerk I, Lorrie Poyzer, City Clerk of the City of Redlands , hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 2nd day of February , 1988, by the following vote: AYES: Councilmembers Wormser, DeMirjyn, Johnson , Cunningham; Mayor Beswick NOES: None ABSENT: None ABSTAINED: t_ City lerk -4- RERES11 BEST. BEST & KRIEGER A PARTNERSIIIP INCLUDING PROFES510NAl.CORP RAYPONS LAWYERS ARTHUR L.LITTLEWORTH+ WILLIAM W.FLOYD,JR. CARL F. HERBOLD KANDY LEE ALLEN 400 MISSION SQUARE GLEN E.STEPHEN$• MICHAEL A-CRISTE• STEPHANIE K.HARLAN ELISE K.TRAYNUM WILLIAM R.Dt WOLFE- GREGORY L.HAROKE MARC E.EMPEY DAVID A.BRANDENBURG 3750 UNIVERSITY AVENUE BARTON C.GAUT• KENDALL H.MACVEY JOHN R.ROTTSC.HAEFER WILLIAM O.DAHLING.JR. POST OFFICE BOX 1028 CHARLES D•FIELD• CLARK H.ALSOP MARTIN A.MUELLER TERE5A J.PRISTOJKOVIC PAUL T-SELZER- DAVID J.ERWIN• J-MICHAEL SUMMCROUR VICTORIA N.KING RIVERSIDE,CALIFORNIA 925p2 DALLAS HOLMES• MICHAEL J-ANDELSON• HOWARD B.GOLDS BETTY S.N.AUTON TELEPHONE (714)696-1450 C HRI5TOPHER CARPENTER•DOUGLAS S.PHILLIPS• MARGARET F.TANAKA MATT H.MORRIS TELECOPIER(714)6963083 RICHARD T.ANDERSON- CHARLES M-ELLIS' JEFFERY J.CRANDALL JEFFREY V.BUNN JOHN D.WAHLIN- LANTSON E.ELDRED• SCOTT C.SMITH JAMES F.NEUERBURG MICHAEL D.HARRIS' ERWIN L.GOLDS LANCE A.ADAIR STEVEN C-DEBAUN CORDON COLOGNE,OF COUNSEL W-CURT EAL.Y- ANTONIA G.WEINER JACK B.CLARKE BRANT H.DVEIRIN THOMAS S.SLOVAK- GREGORY K.WILKINSON JEANNETTE A.PETERSON ERIC L.GARNER JAMES S.CORISON,OF COUNSEL JOHN E.BROWN• WYNNE S-FURTH TERI L.VOLLNOGLE DENNIS M.COTA RICHARD A.OSHINS,OF COUNSEL RONALD J.KOHUT DAVID L.BARON BARBARA E.KRISTAL AOMrr Teo w wew roan,NEvwoA, MICHAEL T.RIDDELL- VIRGINIA A.ETTINGER BRIAN M.LEWIS wsulwGlow.n.c.CO-—Or C5MEREDITH A_JURY• EUGENE TANAKA GEORGE H.CHANT III MICHAEL GRANT• BASIL T.CHAPMAN RONALD A.VAN BLARCOM FRANCIS J.BAUM• TIMOTHY M.CONNOR BRADLEY E-NEUFELD OFFICES IN ANNE T.THOMAS- VICTOR L.WOLF CECILIA S.WU RAYMOND BEST(1868-1957) PALM SPRINGS(619)325-7264 D.MARTIN NETHERY' DANIEL E.OLIVIER MICHAEL E.HULME,JR. JAMES H.KRIEGER(1913-1975) RANCHO MIRAGE(619)568-2611 GEORGE M.REYES DANIEL J.McHUGH GEOFFREY K.WILLIS EUGENE BEST(1893 1981) ONTARIO(714)989-8084 -A PF#0FCSSI0NAL COPPORAT(ON SAN DIEGO(619)497-4919 August 30 , 1988 Lorrie Poyzer City Clerk City of Redlands 30 Cajon Street Redlands, CA 92373 Re: Resolution No . 4350 : Criteria for Determining Vested Projects under Measure "N" Dear Lorrie: Please find enclosed a finalized version of Resolution No. 4350 which we have prepared based upon the Planning Department ' s "vesting checklist" and the comments made by the City Council during the vesting hearings. We are forwarding a copy of this resolution to Jeff Shaw for his review and, if it meets with his approval, we suggest you call Mr . Atencio and let him know a copy of the resolution is available prior to the Council ' s September 6th meeting. We recognize that minor changes may have been made by the Council to the criteria contained in this resolution, however, you should remember that the resolution reflects the yardstick by which the City measured vested projects as of. February 2 , 1988 . Very truly yours, Daniel J. McHugh for Best , Best. & Krieger City Attorneys for the DJM/ph City of Redlands Enclosures cc: John E. Holmes Jeff Shaw (w/enclosures )