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D. In accordance with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit, the applicant shall file a Notice of Intent (NOS with the Regional Water Quality Control Board (RWQCB) advising that the project is under consideration for construction. The applicant shall submit proof of approval from the RWQCB to the City Engineer prior to issuance of grading permits. To control storm water pollution, the applicant shall comply with the regulations and provisions contained in the City's Grading Ordinance, the City's Storm Water Pollution Prevention Permit, and the NPDES, to the satisfaction of the City Engineer. E. Until such time as all construction for the development has been completed to the satisfaction of the City Engineer, the applicant shall provide current Erosion & Sediment Control Plans, and amended Storm Water Pollution prevention Plans (SWPPPs) for all portions of the site where construction is ongoing. Said plans shall be submitted to the City Engineer for review and approval on or before September 1 of each calendar year, and shall be fully implemented on or before October 15 of each calendar year. F. Prior to issuance of the first Certificate of Occupancy, the applicant shall construct four (4) foot tall acoustically-effective barriers along the northerly perimeter of the patios facing Davis Street, with the exception of the door/gate openings, all open joints shall be sealed with an elastomeric sealant to achieve an air-tight seal. To control flanking noise, continue the barriers to or near the corners of the end units (nos. 1, 5, 6 and 9). Plans for the four foot tall wall shall be submitted for review and approval by the Chief Building Official prior to issuance of building permits for the wall. G. All windows and doors shall be installed in an acoustically-effective manner. All windows and glass doors shall have a minimum Sound Transmission Class (STC) rating of 28 STC. Furthermore, an acoustical test report of all sound rated windows shall be reviewed by a qualified acoustician to ensure that the chosen and specified windows will adequately reduce traffic noise to acceptable levels. The sliding window and door panels must form an air-tight seal to the outside environment when in the closed position and the window frames must be caulked to the wall opening around their entire perimeter with anon-hardening caulking compound to prevent sound infiltration. Exterior doors must seal air-tight around the full perimeter when in the closed position. Proof of proper construction methods and acoustical test reports shall be noted on the building plans submitted, and shall be reviewed and approved by the Chief Building Official prior to issuance of building permits. Agreement to Conditions July 18, 2005 PLN2005-00049 Page 7 of 17