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canopy. All trees shall be planted so that at maturity they are located far enough away from the sidewalk
<br />so that their branches are at least eight (8) feet above the sidewalk area and 14 feet above the
<br />roadway/vehicle traveled way. Pruning and tree trimming shall be avoided during nesting season; and
<br />35. Noise Regulations. All uses and activities shall comply with the provisions of the San Leandro Noise
<br />Regulations (Title IV, Chapter 1 of the Municipal Code). Tenants and vendors shall take proactive measures
<br />to avoid and reduce noise generated by forklift and delivery vehicles' audible reverse back-up signals and
<br />to ensure that loading and delivery activities are in compliance during the City's established quiet hours
<br />and do not pose a public nuisance during other times. The use of a spotter, rear cameras and/or radar is
<br />recommended over audible signals for all service and delivery vehicles; and
<br />36. Vibrations. No use, activity, or process shall produce vibrations that are perceptible without instruments
<br />by a reasonable person at the property lines of a site; and
<br />37. Dust. No use, process, or activity shall produce dust that is perceptible without instruments by a
<br />reasonable person at the property lines of a site; and
<br />Indemnification
<br />38. The Applicant/Property Owner hereby agrees to defend, indemnify, and hold harmless the City of San
<br />Leandro, its Council, boards, commissions, officers, employees and agents, from and against any and all
<br />claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, attorneys' fees,
<br />costs and fees of litigation) of every nature, kind or description, which may be brought by a third party
<br />against, or suffered or sustained by, the City of San Leandro, its Council, boards, commissions, officers,
<br />employees or agents to challenge or void the permit granted herein or any California Environmental
<br />Quality Act determinations related thereto; and
<br />39. In the event that any person should bring an action to attack, set aside, void or annul the City's approval of
<br />this Project, the Applicant/Property Owner shall defend, indemnify and hold harmless the City and/or its
<br />agents, officers and employees from any claim, action, or proceeding against the City and/or its agents,
<br />officers and employees with counsel selected by the Applicant/Property Owner (which shall be the same
<br />counsel used by Applicant/Property Owner) and reasonably approved by the City. Applicant/Property
<br />Owner's obligation to defend, indemnify and hold harmless the City and/or its agents, officers and
<br />employees shall be subject to the City's compliance with Government Code Section 66474.9; and
<br />Additional Submittals
<br />40. Final Landscape and Irrigation Plans. Prior to issuance of building permits, the Applicant/Property Owner
<br />shall submit Final Landscape and Irrigation Plans for the review and approval of the Community
<br />Development Director. The plans shall document compliance with applicable Zoning Code requirements,
<br />including minimum soil depths, and shall include details such as: 1) tree size, species and location; 2)
<br />shrubs and groundcover size, species, and location; 3) installation specifications, including tree staking; 4)
<br />irrigation details; 5) water conservation techniques; and 6) maintenance programs. Final landscape and
<br />irrigation plans shall be prepared and certified by a California licensed landscape architect and shall
<br />conform to the Model Water Efficient Landscape Ordinance (MWELO) as updated by the State of California
<br />Department of Water Resources. At the discretion of the City, the landscape plan may be reviewed by a
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