Processing Requests for Approval of Tenants Not Named as Pre- Qualified Sample Clauses

Processing Requests for Approval of Tenants Not Named as Pre- Qualified. Any request by Developer for approval of a tenant that is not specifically noted on the Pre-Qualified list shall be in writing and shall include such supporting information as may be reasonably required in order to enable the Agency/City, as appropriate, to determine whether such tenant meets the requirements noted in this Section 2.1. The City Manager shall indicate within ten (10) business days after receipt of the request for approval whether he/she reasonably believes that the proposed tenant is reasonably equivalent to a Pre-Qualified Tenant and the reasons therefore. Factors that the City Manager/ may use in his/her determination as to whether a proposed tenant is reasonably equivalent include if the proposed tenant is a drive-thru versus non-drive-thru, grocery versus restaurant, and if the proposed tenant would materially change the target ratio of retail to restaurant uses. If the City Manager deems the proposed tenant not reasonably equivalent, the Developer, or any member of the City Council, may appeal the decision to the City Council. Upon such appeal, Developer will be given an opportunity to present the tenant in person to the City Council. The City Manager shall schedule the matter as an open public hearing item before the next possible regularly-scheduled legislative body meeting, subject to any legal requirements including but not limited to the Xxxxx X. Xxxxx Act, Government Code Sections 54950-54963. Based upon substantial evidence presented at said hearing, the Council shall determine by resolution, whether to approve or disapprove the proposed tenant. The legislative body shall state its factual and policy bases for such holding in its reasonable discretion. Nothing in this Section shall be deemed to permit Developer to substitute a retail or restaurant tenant with a non- retail (e.g., professional services) tenant.
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