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<br />P}~T IX.. <br /> <br />CONCEPTU}.I.L PLAN APPROVAL <br /> <br />The city hereby approves these certain conceptual site plans for :Main Street <br />Concourse prepared by Johannes Van Tilburg & Partners, approved in the City's <br />Site Plan Review process and illustrated on Exhibit C 1 and C 2 attached hereto <br />(hereinafter the "Conceptual Plan"). <br /> <br />Approval(s) of non material amendments or modifications to the Conceptual Plan <br />or any final Plans approved by the City may be made by the City of Santa .^.na <br />Directors of Public V/orks and Planning. The Owner shall have the right to <br />appeal any ad','erse decision, first to the Planning Commission and then, if <br />necessary, to the city Council. }~ "non material" change shall be a minor site plan <br />alteration in harmony '.'lith this Plan and any de'/elopment agreement v/hich may <br />then affect the property. <br /> <br />The Conceptual Plan assumes the eventual acquisition by the developer of the <br />:Main Street Concourse projeet of the Polly's Pie site at the comer of Main and <br />O'Nens. Consequently: No building permit shall issue for any development of the <br />subject property until one of the f-ollowing conditions has been satisfied: <br /> <br />(1) The de'/eloper of the Main Street Concourse Project shall have <br />acquired the Polly's Pies site. <br /> <br />(2) The deyeloper ofthe Main Street Concom-se Project shall have <br />entered into an agreement with the Community Redeyelopment <br />.'\gency of the City of Santa i\na whereby the de'{eloper agrees to <br />purchase the Polly's Pies site from the Redevelopment }..gency if it <br />is acquired by the Redevelopmoot Agency, and the Redevelopment <br />AgOflCY either shall haye acquired title to the Polly's Pies site or <br />shall have obtained a right of possession of that site pursuant to an <br />action in eminent domain. <br /> <br />(3) The developer of the Main Street Concourse Proje0t shall have <br />obtained approval by the City (subject to reasonable conditions) of <br />(a) a tentati'/e subdivision map which does not include the Polly's <br />Pies site, and (b) a development plan for the Main Street <br />Concourse Project, in accordance with the zoning regulations <br />applicable to the SD district, which assumes the non acquisition of <br />the Polly's Pies site by the de'leloper. <br /> <br />fJl Phase II improvements shall be submitted to Site Plan Review and the <br />Planning Commission for revie',v and approval in conf-ormance with this Specific <br />Development and any Development Agreement, tract map conditions, conditional <br />use permit or variance applicable to this site. <br /> <br />56 <br />758-357 <br />