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P.\RT L"X.. CONCEPTU.A..L PL^..N APPROVAL The city hereby approves these certain conceptual site plans for Main Street Concourse prepared by Johannes Van Tilburg & Partners, approved in the City's Site Plan Re'.'iew process and illustrated on Exhibit C 1 and C 2 attached hereto (hereinafter the "Conceptual Plan"). f..pproval(s) of non material amendments or modifications to the Conceptual Plan or any final Plans appro'/ed by the City may be made by the City of Santa .'\TIa Directors of Public 'Norks 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 shall be a minor site plan alteration in harmony ,tVith this Plan and any de'/elopment agreement which 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 comer of Main and Owens. Consequently: No building permit shall issue for any development of the subject property until one of the follo'lIing conditions has been satisfied: (1) The developer ofthe Main Street Concourse Project shall have acquired the Polly's Pies site. (2) The developer of the Main Street Concourse Project shall have entered into an agreement '.vith the Community Redevelopment .ALgency of the City of Santa i\na \vhereby the de'.'eloper 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 ofthat site pursuant to an action in eminent domain. (3) The developer of the Main Street Concourse Project shall have obtained approval by the City (subject to reasonable conditions) of (a) a tentative subdi'/ision map which does not include the Polly's Pies site, and (b) a de'.'elopment plan for the Main Street Concourse Project, in accordance '.'lith the zoning regulations applicable to the SD district, v:hich assumes the non acquisition of the Polly's Pies site by the developer. All Phase II improvements shall be submitted to Site Plan Revievl and the Planning Commission for review and approval in conformance v:ith this Specific Development and any Development Agreement, tract map conditions, conditional use permit or 'lariancc applicable to this site. 56 75A-396