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analysis have been addressed with the application for final plat of the Katerra Tract pending before <br />the City on the Effective Date. <br />Section 5.07. Maximum Permissible Sound Levels. No activity or sound source within <br />the Property may produce a measurable sound that exceeds 90 decibels when measured 200 feet <br />from the boundary of the Property. In addition, the Developer agrees to conduct a study to <br />determine the establishment of a Quiet Zone, if requested by the City to do so. Notwithstanding, <br />locomotives may sound their horns in accordance with local, State and Federal requirements. <br />Section 5.08. Smoke and Noxious Odors or Emissions. All activities on the Property <br />shall be conducted so as to reasonably minimize the emission of smoke, odors, particulate matter <br />or noxious matter in accordance with sections 7.4.2.2, 7.4.2.5 and 7.4.2.3 of the Development Code <br />and any stricter standards under applicable state or federal laws. No emissions containing <br />hazardous wastes or materials as defined by the Resource Conservation and Recovery Act, Federal <br />Toxic Substances Control Act or the Federal Insecticide, Fungicide, and Rodenticide Act, or <br />subsequent amendments of said Acts will be allowed from any source. The Developer specifically <br />agrees that manufacturing of finished products producing the release of volatile organic <br />compounds, or toxic or poisonous emissions at levels unsafe for human inhalation will not be <br />allowed on the Property. <br />Section 5.09. Compatibility with Airport Operations. No development shall be <br />permitted on the Property that interferes with the safe flight, take of or landing of aircraft at the <br />San Marcos Municipal Airport in accordance with Federal Aviation Administration rules and <br />standards. Until an ordinance is approved by the San Marcos City Council creating overlay zoning <br />district standards designed to mitigate adverse impacts on airport activities, all building plans shall <br />be subject to review by the City for a determination of adverse impacts on the airport's activities, <br />17 <br />065611.00495 309237 v15 <br />