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PART IX.. CONCEPTUAL PLAN APPROV AL The city hereby appro'/es these certain conceptual site plans for Main Street Concourse prepared by Johannes Van Tilburg & Partners, approved in the City's Site Plan Re'liew process and illustrated on Exhibit C 1 and C 2 attached hereto (hereinafter the "Conceptual Plan"). Appro'lal(s) of non material amendments or modificutions to the Conceptual Plan or any final Plans approved by the City may be made by the City of Santa Ana Directors of Public 'N orks and Planning. The Owner shall have the right to appeal any adverse decision, first to the Planning Commission and then, if necessary, to the city Council. A "non material" change shull be a minor site plan alteration in harmony with this Plan and any development agreement 't'lhich may then affect the property. The Conceptual Plan assumes the eventual acquisition by the developer of the Main Street Concourse project of the Polly's Pie site at the corner of Main and Owens. Consequently: No building permit shall issue for any development of the subject property until one of the following conditions has been satisfied: (1) The developer of the Main Street Concourse Project shall have acquired the Polly's Pies site. (2) The developer of the Main Street Concourse Project shall ha'le entered into an agreement with the Community Redevelopment Agency of the City of Santa f~a whereby the developer agrees to purchase the Polly's Pies site from the Redevelopment Agency if it is acquired by the Redevelopment Agency, and the Redevelopment Agency either shall have acquired title to the Polly's Pies site or shall have obtained a right of possession of that site pursuant to an action in eminent domain. (3) The developer ofthe Main Street Concourse Project shall have obtained approval by the City (subject to reasonable conditions) of (a) a tentatiye subdivision map which does not include the Polly's Pies site, and (b) a development plan f-or the Main Street Concourse Project, in accordance \vith the zoning regulations applicable to the SD district, v/hich assumes the non acquisition of the Polly's Pies site by the developer. All Phuse II improvements shall be submitted to Site Plan Revie\v and the Planning Commission for review and approval in conformance '.vith this Specific De'.'elopment and any Development Agreement, tract map conditions, conditional use permit or variance applicable to this site. 56 75A-217