Attachment 4Subject: RE: Moratorium language
From: Faber, Andrew L.[mailto:Andy.Faber@berliner.com]
Sent: Friday, August 11, 2017 10:02 AM
To: Laurel Prevetti; Robert Schultz
Cc: Joel Paulson; 'Arthur Friedman'; Branson, Michael; Robert Schultz; rfreed@shhomes.com; Kamangar, Katia; Wend'
Baker; Steve Buster; Don Capobres (don@harmoniepark.com); Linda Mandolini; Andrea Osgood
Subject: Moratorium language
Rob, Laurel,
I've reviewed the staff report and draft moratorium that are now posted on the Town's website.
I assume that the draft moratorium is not intended to affect in any way development under the existing approvals for
the Phase 1 project.
However, this isn't completely clear in the language itself. For example, the second to last Whereas on page 4 says "it
will be necessary to temporarily suspend the processing and granting of land use entitlements in the North 40 Specific
Plan area..."
And Section 2 says staff will not "process or approve any land use development entitlements in the North 40 Specific
Plan Area..." Since the term "land use development entitlements" is vague, I'm concerned that someone might claim it
applies to further Phase 1 approvals.
There should be an explicit statement that this does not affect the processing of further permits and approvals needed
for the Phase 1 development.
Can you put in such wording? I assume there is no hidden agenda (at least on Staff's part) to affect the Phase 1 project.
Andrew L. Faber, Esq.
Berliner Cohen, LLP
408 286-5800
408 938-2533 (direct)
alf@berliner.com