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Approval of this Text Amendment or the subsequent construction of a cell tower in the P-F zone will <br /> not create any permanent jobs or housing. If there is no change in jobs or housing, then there will <br /> be no effect on housing affordability. <br /> 3. All applicable provisions of the Mountain House Development Title Agreement have been met. <br /> • The Mountain House Development Title Agreement(page 13, 1.1.59 Vest, Vesting, Vested) states <br /> that, "the conferring of the rights granted to Developer under this Agreement and subject to all the <br /> terms, conditions, and requirements of this Agreement, to proceed with the development of the <br /> Property based on the agreement of the County hereunder that certain regulations and <br /> requirements in the Existing Approvals pertaining to the development of the Property (referred to as <br /> "Vested Elements") are fixed and, except as permitted by this agreement, that they cannot be <br /> subsequently modified, changed, or augmented so as to impose additional requirements or burdens <br /> on the development of the Property without Developer's consent. <br /> • Those parts'or elements of the Existing Approvals which are specifically identified in Exhibit B-1 to <br /> the Mountain House Development Title Agreement are vested. Permitted Uses of the Development <br /> Title, Mountain House Addendum, are vested (Exhibit B-1, 11,C,1). <br /> • A project referral was sent to each signatory of the Development Agreement. As of October 6, <br /> 2008, there have been no responses. However, this Text Amendment does not take away a <br /> development right; it adds one. Approval does not deprive a developer of a vested right. The <br /> developer could gain a new use if the developer consents to the change. Therefore, all applicable <br /> provisions of the Mountain House Development Title Agreement have been met. <br /> San Joaquin County PA-0800227\Mountain House CSD <br /> Community Development Page 7 <br />