Redlands Municipal Code Ch. 19.24 Vested Rights Projects Under Measure N

Section 17 of measure N as adopted by the voters in 1987 states that the measure shall not apply to any development project which has obtained a vested right to develop as of the effective date of the initiative, December 11, 1987. This is construed by the city council to mean that projects found by the city council after public hearing to have obtained vested rights by December 11, 1987, are exempt from the revised competitive evaluation, the reduced yearly limits, and all other new requirements imposed by measure N. These vested rights projects remain subject to the provisions of proposition R and all other land use laws and regulations in effect in the city at the time of their various required approvals. (Ord. 2031 § 1, 1988)

The council finds that based on the expressed will of the citizenry as set forth in measure N in 1987, it is in the best interests of the city of Redlands that new dwelling units be limited to as near four hundred (400) per year as possible. City staff is hereby instructed to take all reasonably necessary steps to carry out this dwelling unit limit. (Ord. 2031 § 1, 1988)

In order to assure full use of vested rights under measure N and California law, building permits should be available when projects deemed by the city council to be vested are otherwise legally ready to obtain them. However, it is not appropriate to hold up all other development projects in case those vested projects might come forward and use up the full four hundred (400) building permits available under measure N in any given calendar year. The council finds that some minimal number of building permits should be made periodically available for qualified but nonvested development projects to assure a continuous supply of housing for our citizens and to protect the reasonable development expectations of landowners filing for land use approvals and entitlements within the city. Therefore, on an interim basis, a number of building permits per month to be set by council resolution pursuant to this section shall be made available to otherwise qualified but nonvested projects. This number may be changed or deleted entirely by subsequent council resolution if the pace of development so requires, or if the four hundred (400) unit yearly cap imposed by measure N shows danger of being exceeded or is actually exceeded by a combination of vested and nonvested projects. (Ord. 2031 § 1, 1988)

During this interim period the city attorney is instructed to develop a standard agreement and begin negotiating with those projects deemed by this council to have vested rights to determine the rate and number of building permits needed by those projects. Once the total need and pace is known, the council shall reexamine the monthly limits it has set by resolution and revise those units as required to meet insofar as is possible the yearly limit of four hundred (400) new dwelling units within the city. (Ord. 2031 § 1, 1988)