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147 ORDINANCE NS-2193 <br /> <br />PART IX. CONCEPTUAL PLAN APPROVAL <br /> <br />The city hereby approves these certain conceptual site plans for <br />Main Street Concourse prepared by Johannes Van Tilburg & Partners, <br />approved in the city's Site Plan Review process and illustrated on <br />Exhibit C-1 and C-2 attached hereto (hereinafter the "Conceptual <br />Plan"). <br /> <br />Approval(s) of non-material amendments or modifications to the <br />Conceptual Plan or any final Plans approved by the City may be <br />made by the city of Santa Ana Directors of Public Works and <br />Planning. The Owner shall have the right to appeal any adverse <br />decision, first to the Planning Commission and then, if necessary, <br />to the city Council. A "non-material" change shall be a minor <br />site plan alteration in harmony with this Plan and any development <br />agreement which may then affect the property. <br /> <br />The Conceptual Plan assumes the eventual acquisition by the <br />developer of the Main Street Concourse project of the Polly's Pie <br />site at the corner of Main and Owens. Consequently: No building <br />permit shall issue for any development of the subject property <br />until one of the following conditions has been satisfied: <br /> <br />(1) The developer of the Main Street Concourse Project <br /> shall have acquired the Polly's Pies site. <br /> <br />(2) <br /> <br />The developer of the Main Street Concourse Project <br />shall have entered into an agreement with the <br />Community Redevelopment Agency of the City of Santa <br />Ana whereby the developer agrees to purchase the <br />Polly's Pies site from the Redevelopment Agency if it <br />is acquired by the Redevelopment Agency, and the <br />Redevelopment Agency either shall have acquired title <br />to the Polly's Pies site or shall have obtained a <br />right of possession of that site pursuant to an <br />action in eminent domain. <br /> <br />(3) <br /> <br />The developer of the Main Street Concourse Project <br />shall have obtained approval by the city (subject to <br />reasonable conditions) of (a) a tentative subdivision <br />map which does not include the Polly's Pies site, and <br />(b) a development plan for the Main Street Concourse <br />Project, in accordance with the zoning regulations <br />applicable to the SD district, which assumes the <br />non-acquisition of the Polly's Pies site by the <br />developer. <br /> <br />48 <br /> <br /> <br />