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Geneva Commons Project April 4, 2005 Page 3 After considering the various applications and Planning Commission recommended approval of the several modifications. These modification include: project impacts, project subject the to 1. Recommending approval of a five-party (Geneva Commons, Nexus, Sandpointe Neighborhood Association, City of Santa Ana and the Santa Ana Redevelopment Agency) Cooperative Agreement for Off-site Improvements provided the document is signed prior to the City Council approval of the project; 2. Amending Section 5.8.4 of the Development Agreement (In-Lieu park Development Fee) to require the fee be spent on parks located in the southeast quadrant (south of Warner Avenue/East of Bristol Street) of the City; 3. Adding Section 5.8.6 to the Development Agreement to limit the amount of fast food (no table service) restaurants on the site to no more than 3,000 square feet; 4. Modifying Planning Division Condition No. 4 of Conditional Use Permit No. 2004-24 to prohibit the construction of units that have their bedrooms and bathrooms back onto bedrooms and bathrooms of adjacent units where possible; 5. Amending Planning Division Condition No. 7 of Conditional Use Permit No. 2004-24 to require the submittal of a Perforated Metal Screen Program for the graphics on the parking structure to the Planning Commission; 6. Modifying Planning Division Condition No. 9 of Conditional Use Permit No. 2004-24 that required a minimum dimension of 6 feet for all balconies to apply only to primary balconies; 7. Amending Planning Division Condition No. 14 of Conditional Use Permit No. 2004-24 to allow electric fireplaces instead of gas; 8. Adding Planning Division Condition No. 17 to Conditional Use Permit No. 2004 -24 to require a noise analysis prior to building permit issuance which identifies measures that provide a safety margin design standard for additional noise mitigation of 3 dB below the 45 CNEL required for the project; 75C-3