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<br />EIR No. 99-0l, <br />GPA No. 04-01, <br />DA No. 2004-01 <br />July 6, 2004 <br />Page 3 <br /> <br />AA No. 04-01, <br />ZOA No. 04-02, <br />and TPM No. 2004-02 <br /> <br />7. <br /> <br />Modify Item 4 of the Permitted Uses section of the Specific <br />Development No. 75 document to state "cafes and restaurants, except <br />fast food and/or take-out restaurants;" and, <br /> <br />8. <br /> <br />Add Item 7 of the Conditionally <br />Specific Development No. 75 document <br />out restaurants." <br /> <br />Permitted Uses section of the <br />to state "fast food and/or take- <br /> <br />On March l5, 2004, the City Council held a public hearing for the One <br />Broadway development. After receiving public testimony on the project and <br />a discussion by the City Council, formal action on the various <br />entitlements under consideration was continued for 60 days. During this <br />interim period, staff met with a newly created Council Ad Hoc Committee, <br />which assisted in preparing the terms and conditions for the development <br />agreement. Also, the Council identified specific issues and standards the <br />development agreement should address including construction costs, <br />preservation of historic structures, traffic mitigation measures, and <br />benchmarks for issuance of building permits. <br /> <br />Since the March 15, 2004 public hearing, staff has met on numerous <br />occasions with the Ad Hoc Committee and the applicant. As a result of <br />these meetings and extensive negotiations, a development agreement has <br />been prepared (Exhibit B-1). This agreement has incorporated the major <br />issues raised by the City Council at the March City Council hearing as <br />well as those issues raised by the Ad Hoc Committee. These issues <br />include: <br /> <br />1. <br /> <br />prohibiting the issuance of any building permit for the Project <br />until the Developer provides evidence of binding commitments for <br />lease of not less than 50 percent of the net leasable area in the <br />Project from tenants who would qualify as "Investment Grade Tenants" <br />(BBB-or greater) as rated by either Standard & Poor's or Moody's <br />rating agencies. Non-rated publicly held, or private companies with <br />a rating of BB or BB+ may meet this requirement by providing a <br />"Shadow Rating" from either agency depicting a minimum of a neutral <br />credit outlook. Law firms shall provide evidence of a rating of <br />"AV" from Matindale-Hubbell or equivalent rating agency. Binding <br />commitments to lease shall be in a form and content normally <br />accepted by conventional lending institutions and subject to the <br />review and approval of the City's Executive Director of Planning and <br />Building which shall not be unreasonably withheld; <br /> <br />7 SF-3 <br />