§ 30.54.130. Exemptions for Certain Projects.

This measure shall apply to all properties and projects as defined in Section 1(b) [Subsection 30.54.020.B.], except it shall not apply to any development project which has obtained a vested right as of the effective date of this measure. For purposes of this measure, a "vested right" shall have been obtained only if each of the following criteria is met:

A.

The proposed project has received a building permit or its final discretionary approval;

B.

Substantial expenditures have been incurred in good faith reliance on the permit or final discretionary approval; and

C.

Substantial construction has been performed in good faith reliance on the permit or final discretionary approval.

The "substantiality" of expenditures incurred and of 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 the City Council following application by the developer and notice and public hearing. Phased projects shall be considered for exemption on a phase-by-phase basis to the extent permitted by California law.