75B - 2775 N. MAIN ST. - Laserfiche WebLink

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P}~T IX.. CONCEPTU}.I.L PLAN APPROVAL The eity herooy approves these certain eonceptlial site plans for Main Street Coneourse prepared by Johannes 'Ian Tilburg & Partners, approved in the City's Site Plan Review process aoo illustrated on Exhibit C I and C 2 attaehed hereto (hereinafter the "Conceptlial Plan"). Approval(s) of non material amendments or modifications to the Conceptual Plan or any final Plans approved by the City may be made by the City of Santa l\na Directors of Public V/orks and Planning. The Owner shall have the right to appeal any ad'/erse decision, first to the Planning Commission and then, if necessary, to the city Council. }~ "non material" change shall be a minor site plan alteration in harmony '.'lith this Plan and any de'!elopment agreement ,>,!hieh may then affect the property. The Conceptual Plan assumes the eventual acquisition by the developer of the Main Street Concourse projeet of the Polly's Pic site at the eorner of Main and OV/ens. ConsequeNtly: No bliilding permit shall issue for any development of the subjeet property until one of the [-allowing conditions has been satisfied: (1) The de'!eloper of the Main Street Concolirse Project shall have acquired the Polly's Pies site. (2) The deyeloper ofthe Main Street Concoillse Project shall have entered into an agreement with the Community Redeyelopment ,'\gency of the City of Santa l\na whereby the developer agrees to purchase the Polly's Pies site from the Redevelopment }~geney if it is acquired by the Redevelopment Agency, and the Redevelopment AgCflCY either shall haye 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 of the Main Street Concourse Projeet shall have obtained approval by the City (subject to reasonable conditions) of (a) a tentati'!e slibdivision map which does not ine1ude the Polly's Pies site, and (b) a development plan for the Main Street Concourse Projeet, in accordance with the zoning reglilations applicable to the SD district, whieh assumes the non aequisition of the Polly's Pies site by the de'loloper. fJI Phase II improvements shall be submitted to Site Plan Review and the Planning Commission for revie'.v and approval in conf-armance with this Specific Development and any Development Agreement, tract map conditions, conditional use permit or variance applicable to this site. 56 758-357