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P,\RT IX.. CONCEPTU,'\L PLAN APPROV,'\L The city hereby apprO'les these eertaiN eoneeptual site plans for Main Street Concol:lfSe prepared by Johar.nes Van Tilburg & Partners, approyed in the City's Site Plan Review process and illustrated on Exhibit C 1 and C 2 attaehed her-eto (hereinafter the "Conceptual Plan"). ,\pproyal(s) of non material amendments or modifieations to the Conceptual Plan or any final Plans apPf{)yed by the City may be made by the City of Santa ,\na Directors of Public 'Yorks and Plar.ning. The Owner shall have the right to appeal any ad'lerse decision, first to the Planning CommissioN and thoo, if necessary, to the oity COlilloil. '^L "Ron material" ehange shall be a minor site plan alteration in harmony with this Plan and any de'/elopment agrecment which may then affect the property. The CONeeptl:1al Plan assumes the e'/entual acquisition by the de'leloper of the Main Street Concourse projcct ofthe Polly's Pie site at the corner of Main and Owcns. ConscqueNtly: No building permit shaH issue for any dC'/elopment ofthe subject property until one ofthe following conditions has been satisfied: (1) The developer ofthe Main Street Concourse Project shall have acquired the Polly's Pies sitc. (2) The de'/eloper ofthc Main Street Coneeurse Project shall have entered into an agreemeNt with the Commlillity Redevclopment Agency of the City of Santa Ana whereby the deyeloper agrees to purehase the Polly's Pies site from the Redeyelopment Agoocy if it is acquired by the Redevelepment l\geney, and the Redevelopment Agency either shall ha,,'e ooql:1ired title to the Polly's Pies site or shaH have obtaincd a right of possession ofthat site pursuant to an aetion in emiNent domain. (3) The deyeloper ofthe Main Street CORcourse Project shaH have obtained appmval by the City (subject to reasoNable CONditions) of (a) a tentative sabdivision map whieh does not include the Polly's Pies site, and (b) a development plan for the Main Street ConcoaFse Projeet, in oocordance with the ZONing regulations applicable to the SD district, which assumes the nON aequisition of the Polly's Pies site by the developer. All Phase IT il'Fl:f.lrovements shall be sabmitted to Site Plan Revievl and the Plar.ning Commission for revicw and appro'lal iN conf{)rmanee ':lith this Specific D6Y/elopment and any Dcvelopment l\greement, tract map conditiONS, conditional l:lse permit or yariance applicable to this site. 56 758-201