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Geneva Commons Project April 4, 2005 Page 4 9. Adding Planning Division Condition No. 18 to Conditional Use Permit No. 2004-24 to require each unit to have cast iron drain lines to improve interior noise attenuation; 10. Adding Planning Division Condition No. 19 to Conditional Use Permit No. 2004-24 to require cable and smart wiring within each unit; 11. Amending Planning Division Mitigation Measure No. 65 (renumbered as No. 68) of Conditional Use Permit No. 2004-24 to include language related to the City Council overrule of the Airport Land Use Commissions determination; and, 12. Amending Police Department Condition No.7 of Conditional Use Permit No. 2004-24 to allow the use of convex mirrors on the elevators instead of glass backed elevator cabs. Since the Planning Commission's action, two other significant amendments have been made to the development agreement. The first amendment (Section 5.8.4) is the requirement of an avigation easement on the development. The easement is intended to prevent claims, actions or lawsuits for nuisance or interference with the use of the property such as noise, sound, vibration, dust or other environmental effects related to aircraft operations. The City will be the benefited party in the avigation easement, which can be assigned by the City to a third party. The applicant is aware of this requirement and is supportive of this amendment. The second amendment [Section 5.2(c)] involves the project's participation in a community facilities district or assessment. If formed, the district will be used to pay for city services such as police, fire and parks generated from the development of the project. Public Works Issue/Median Cut At a prior Planning Commission study session, a discussion was held on the feasibility of providing a median cut on Imperial Promenade at the motor court. Based on the input received from the Commission, the applicant revised the plans to include a median cut, which was eventually approved by the Commission without discussion. Subsequent to the Commission action, the Public Works Agency noted reservations about the median cut due to safety concerns, specifically with vertical sight distance. For instance, vehicles traveling westbound on Imperial Promenade will not see vehicles turning left out of the motor court until the last minute due to the sloping of Imperial Promenade. The Public Works Agency is recommending that the median cut not be permitted due to this traffic safety concern. 75C-4