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'1'ransmittal ul Revised Drafts Page A Subdivision A has been adder{ to Section 10.1= - Phasing and Guarantee of Performance. This section specifically identifies the requirement of a performance bond or letter of credit to guarantee the performance of the developer. At our previous meeting, Ed Cohen had also expressed some concern about the need to requir-, financial disclosure by applicants for a major development projects. I have discussed this issue with the City Attorney and he agrees that it is within the City's right to request some general information about the financing plan for a proposed development. However, he is concerned about the prospect of basing a zoning decision on an interpretation of an applicant's financial capability, or laA thereof. Ed's concern is, none the less, a legitimate one. I suggest that the City take three steps to protect against the concern that Ed's comments point out. The first change would be to require application review fees that are realistically aligned with the costs that the City actually incurs in reviewing development proposals. Secondly, I would suggest that you add to the application form a provision indicating that the City intends to bill the applicant for any costs that it incurs in the review of their proposal. In the case of large development proposals, you may in fact require a deposit to cover anticipated consultant's fees, traffic engineers, etc. Finally, the fact that all of these d,:velopments will be subject to a development agreement provides the opportunity to carefully draft detailed requirements and performance guarantees and to negotiate these agreements with the applicant. In each case, we would recommend that the City Attorney draft the document and that they be constructed to liberally protect the City's interest. B-5 District As you will note in reviewing the revised crafts, both the list of permitted and conditions uses have; been greatly reduced. A new section has been added the relationship between the Planned Unit Development chapter and this district, and specifically providing that any request for development of a Planned Unit Development to include commercial uses within this area shall assume the B-6 Commercial District as its underlying zoning district. Please review the revised list to see if any of then: uses still concern you. Our discussion at the pr-vious meeting focused at some length on the fact that several members of the Planning Commission's vision for the Highway 12 Corridor Study Area was different than at lea4t a liberal interpretation of some of the alternatives that are included in the adopted plan. Since the purpose of the Zoning Ordinance is to effectuate the plan, I expressed some concerns about the development and adoption of zoning ordinances that were inconsistent with the adopted plan. After some considerable discussion, we agreed that tc- satisfy the Planning Commission's concerns, we would greatly limit the' st of permitted uses within the district and provide the opportunity for the approval of additional commercial uses only through the Planned Unit Development process. I have discu4ed this approach with the City