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<br />RESOLUTION NO. 2025-042 7
<br />maturity they are located far enough away from the sidewalk so that their branches are at least eight
<br />(8) feet above the sidewalk area and 14 feet above the roadway/vehicle traveled way. Pruning and tree
<br />trimming shall be avoided during nesting season.
<br />26. Noise Regulations. All uses and activities shall comply with the provisions of the San Leandro Noise
<br />Regulations (Title 4, Chapter 1 of the Municipal Code). Tenants and vendors shall take proactive
<br />measures to avoid and reduce noise generated by forklift and delivery vehicles’ audible reverse back-
<br />up signals and to ensure that loading and delivery activities are in compliance during the City’s
<br />established quiet hours and do not pose a public nuisance during other times. The use of a spotter,
<br />rear cameras and/or radar is recommended over audible signals for all service and delivery vehicles.
<br />27. Vibrations. No use, activity, or process shall produce vibrations that are perceptible without
<br />instruments by a reasonable person at the property lines of a site.
<br />28. Lighting. All lighting shall comply with Zoning Code Section 4.08.156.
<br />29. 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.
<br />30. Vehicle Access. For any commercial trucks accessing the subject property, the preferred ingress /
<br />egress is to access from signalized intersection of Doolittle Drive and Adams Avenue to Hester Street.
<br />Truck traffic is allowed at the driveway approximately 1700 feet south of the Adams Avenue
<br />intersection with Doolittle Drive. The truck turning movements shall be restricted to right-in and right-
<br />out only at the driveway off of Doolittle Drive. Signage shall be installed indicating these restrictions
<br />to the satisfaction of the City Engineer. If in the Future a new traffic signal is warranted at the driveway
<br />off of Doolittle Drive by the Port of Oakland, City of San Leandro, City of Oakland or Caltrans per a
<br />traffic impact analysis, the subject project shall pay their fair share of the intersection improvements.
<br />Indemnification
<br />31. 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
<br />and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation,
<br />attorneys’ fees, costs and fees of litigation) of every nature, kind or description, which may be brought
<br />by a third party against, or suffered or sustained by, the City of San Leandro, its Council, boards,
<br />commissions, officers, employees or agents to challenge or void the permit granted herein or any
<br />California Environmental Quality Act determinations related thereto.
<br />32. In the event that any person should bring an action to attack, set aside, void or annul the City’s
<br />approval of this Project, the Applicant/Property Owner shall defend, indemnify and hold harmless
<br />the City and/or its agents, officers and employees from any claim, action, or proceeding against the
<br />City and/or its agents, officers and employees with counsel selected by the Applicant/Property
<br />Owner (which shall be the same counsel used by Applicant/Property Owner) and reasonably
<br />approved by the City. Applicant/Property Owner’s obligation to defend, indemnify and hold harmless
<br />the City and/or its agents, officers and employees shall be subject to the City’s compliance with
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