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-2- 2. The Text Amendment does not adversely affect the jobs/housing balance and housing affordability. • A cell tower in the P-F zone will have no effect on the jobs/housing balance or housing affordability. Approval of this Text Amendment or the subsequent construction of a cell tower in the P-F zone will not create any permanent jobs or housing. If there is no change in jobs or housing,then there will be no effect on housing affordability. 3. All applicable provisions of the Mountain House Development Title Agreement have been met. • The Mountain House Development Title Agreement(page 13, 1.1.59 Vest, Vesting, Vested) states that, "the conferring of the rights granted to Developer under this Agreement and subject to all the terms, conditions, and requirements of this Agreement,to proceed with the development of the Property based on the agreement of the County hereunder that certain regulations and requirements in the Existing Approvals pertaining to the development of the Property (referred to as "Vested Elements") are fixed and, except as permitted by this agreement, that they cannot be subsequently modified, changed, or augmented so as to impose additional requirements or burdens on the development of the Property without Developer's consent. • Those parts or elements of the Existing Approvals which are specifically identified in Exhibit B-1 to the Mountain House Development Title Agreement are vested. Permitted Uses of the Development Title, Mountain House Addendum, are vested (Exhibit B-1, II,C,1). • A project referral was sent to each signatory of the Development Agreement. As of October 6, 2008,there have been no responses. However,this Text Amendment does not take away a development right; it adds one. Approval does not deprive a developer of a vested right. The developer could gain a new use if the developer consents to the change. Therefore, all applicable provisions of the Mountain House Development Title Agreement have been met.