HomeMy WebLinkAbout03-18-1991 Item 8.2 90-050 20/20 Recycle Ctr CUP
TO:
FROM:
PREPARED BY:
SUBJECT:
GENERAL INFORMATION:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: March 18, 1991
Planning Commission
Planning Staff
J:r
IJ'- f:j \A
Ralph Kachadourian, Assistant Planner ~
,f.1(,.,,9:0,.;1050 20/20 Recycle Center Conditional
Use Permit'
PROJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
EXISTING ZONING
AND LAND USE:
Conditional Use Permit request to continue
operation of an existing recycling redemption
center for glass, aluminum and plastic
beverage containers located within the
Payless/Dublin Plaza Shopping Center
20/20 Recycle Centers
Boudewijn P. Hanrath, Government Affairs
1731 Pomona Road
Corona, CA 91720
Payless Drug Stores NW Inc.
Sanwa Bank of California
9275 SW Peyton Lane
Wilsonville, OR 97070
7201 Regional Street
941-305-16
5.41:t acres
Retail/Office
Zone 6 Central Block West Retail
C-1 (Retail Business District)
Dublin Plaza Shopping Center
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ITEM NO. g. 2..
COFIES TO: Applicant
Owner
Address File
PAGELOFlL
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
S-293:
C-3456:
PA 83-084:
PA 84-073:
PA 86-009:
PA 86-124:
PA 87-160:
PA 88-080:
North:
C-1, Retail Business District,
Exxon Gas station
C-1, Retail Business District,
Wells Fargo Bank
C-1, Retail Business District,
Dublin Place Plaza Shops
C-1, Retail Business District,
Regional StrE!et public right-of-
way, Almond Plaza Center
South:
East:
West:
On December 3, 1969, the Alameda County Planning
Department approved Tentative Map 3135 and a site
Development Review for the Dublin Plaza Shopping
Center.
On September 6, 1978, the Alameda County Planning
commission approved a Condi t:ional Use Permit for a
plant nursery addition to the existing Payless
retail store.
On November 29, 1983, the Planning Director
approved an Administrative Conditional Use Permit
for a Christmas Tree lot wi t:hin the parking lot of
the Albertsons food store.
On November 28, 1984, the Planning Director
approved an Administrative Conditional Use Permit
for a Christmas tree lot opE!ration at Payless.
On February 18, 1986, the Planning Director
approved an Administrative Conditional Use Permit
for a Boy Scout Troop newspClper collection bin
wi thin the Dublin Plaza Cent:er parking lot.
On December 1, 1986, the Plc.nning Director
approved an Administrative Conditional Use Permit
for a Christmas tree lot opE!ration at Payless.
On November 20, 1987, the Planning Director
approved an Administrative Conditional Use Permit
for Christmas tree lot operc,tions at Pay less.
On September 19, 1988, the Planning Commission
approved a Conditional Use Permit for 20/20
Recycle Center to operate a redemption center for
glass, aluminum and plastic beverage containers
and newspaper collection. ']'his use permit expired
on September 28, 1989.
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PAGE ~ OF J:L
PA 90-107:
On November 20, 1990, the Planning Director
approved an Administrative Conditional Use Permit
for a Christmas Tree lot operation at Payless.
On December 14, 1990, the Planning Director
approved an Administrative Conditional Use Permit
for a Boy Scout newspaper recycling bin within the
parking lot of the Payless/Albertson's stores.
This use permit expires on December 18, 1991.
PA 90-117:
APPLICABLE REGULATIONS:
section 8-61.0 of the Zoning Ordinance, as amended by
Ordinance 17-84 requires that a Conditional Use Permit be
approved by the Planning Commission for the operation of
Recycling Centers which collect, sort and temporarily store
glass, metals and other reusable materials (it does not allow for
processing activities to occur).
section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the
public need; 2) whether or not the use will be properly related
to other land uses, transportation and service facilities in the
vicinity; 3) whether or not the use will materially affect the
health or safety of persons residing or working in the vicinity;
and 4) whether or not the use will be contrary to the specific
intent clauses or performance standards established for the
district in which it is located.
ENVIRONMENTAL REVIEW: This project has been found to be
Categorically Exempt from CEQA under section 15301, Class 1 of
the California Environmental Quality Act guidelines. This use
consists of the operation of an existing recycling center
involving no expansion of use beyond that previously existing.
NOTIFICATION: Public Notice of the March 18, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
BACKGROUND:
This item was continued from the February 19, 1991 Planning
Commission public hearing in order for the Applicant to resubmit
corrected address mailing list and self-addressed stamped
envelopes of property owners within 300 feet of the project site,
to be properly noticed as required by State law.
The existing 20/20 Recycle Center Conditional Use Permit
PA 88-080 expired on September 28, 1989. Since that date the
Applicant has operated without the benefit of a valid and
approved Conditional Use Permit. The zoning Investigator has on
numerous occasions, since November 1, 1989 attempted to contact
the Applicant to renew the expired use permit.
-3-
PAGE.3 OF fL
On June 28, 1990, an incomplete planning application was
submitted to the Planning Department. On November 30, 1990, the
Applicant was sent a certified letter requesting submittal of
items to complete and process the Conditional Use Permit. The
Applicant failed to respond to Staff's attempts to notify him of
the incomplete submittal.
Zoning enforcement had been held in abeyance pending the
processing of the Conditional Use Permit application. As a
result of the Applicant's repeated failure to submit the
necessary application materials in a timely manner, a warning
notice was issued on January 11, 1991. The warning notice
required the Applicant to complete the following:
1) submit revised site plans; written updated permission
from property owner and revised 300' property owners
list, mailing labels and maps;
2) obtain Conditional Use Permit approval from the
Planning commission by February 20, 1991; and
3) cease operation of the recycling center and remove all
units from the premises.
The Applicant subsequently submitted the required items to
the Planning Department and the application was properly noticed
for the March 18, 1991 Planning commission meeting.
ANALYSIS:
The Applicant is requesting renewal of a Conditional Use
Permit to continue the operation of a 20/20 recycle cOllection/
redemption center within the parking lot area of the Payless Drug
Store located at the Dublin Plaza Shopping Center. The Applicant
is proposing to add a trailer to replace a single igloo container
and the kiosk. The trailer was installed on-site without prior
approval, contrary to the expired Conditional Use Permit and is
currently existing on site. The original approval for PA 88-080
was for only five "igloo" storage containers and a kiosk unit.
The use will consist of a single 28 foot long trailer and
four "igloo" storage containers. The existing trailer and igloo
units occupy four parking spaces and are situated in an under
utilized portion of the property. Ample convenient parking is
available within the shopping center, and the location of the
trailer and the igloos is convenient and visible to customers and
not a hindrance to traffic circulation.
The Applicant has indicated that a 20/20 staff person
operates the site 30 hours per week, and maintains the site in a
litter-free condition. In the past year there have been no
complaints received regarding excess trash or other recyclable or
-4-
PAGE~OF12-
non-recyclable materials left on the premises. Conditions of
approval have been included in the Draft RE!Solution (Exhibit B)
to ensure the site is maintained in a clean and litter-free
condition at all times, and requiring posti.ng of hours of
operation and after hours telephone number in case of emergency.
The use has not created any problems to thE! existing commercial
tenants within the shopping center.
The application has been reviewed by t:he applicable public
agencies and city departments and no comments/concerns were
stated or additional conditions required. staff recommends
approval of the Applicant's request for a Conditional Use Permit,
subject to conditions listed in the draft resolution, Exhibit B.
RECOMMENDATIONS:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt resolution relating to PA 90-050, or give
Staff and Applicant direction and continue the
matter.
ACTION:
Staff recommends that the Planning Commission adopt the
draft resolution approving PA 90-050, 20/20 Recycle
Center Conditional Use Permit to allow the continued
use of the existing recycle center.
ATTACHMENTS:
Exhibit A:
site Plan/Equipment Photograph
Draft Resolution approving I~ 90-050 Conditional
Use Permit
Exhibit B:
Background Attachments:
Attachment 1: Location/Zoning Map
Attachment 2: Description of operations
Attachment 3 : Applicant's written statement
Attachment 4: Zoning Investigator Letter of November 30, 1990
Attachment 5: warning Notice of January 11, 1991
Attachment 6: State Recycling Certification
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.~Pr qO~S"O EXHIBIT It
PAGE.k- OF Jl
28' trailer for storing aluminum and
plastic on site.
.
5'5" fibregiass igloo for storing color
sorted glass on site.
REeE/V
JUL 25 ED
DU " 7990
BllN PlA.tv^,
Iv/NG
Above is a photograph of a standard 20/20 Recycle Center proposed to be located in
the parking lot. When the trailer is full, it is replaced with an empty trailer that is
steam cleaned prior to placement in the field. The igloos are constructed of fiberglass
material which is cleaned daily by the 20/20 attendant. The color is bonded into the
fiberglass which makes it relatively easy to remove any graffiti. The igloos and the
trailer are secured at night with heavy duty locks to prevent any theft. The trailer is
also fitted with a king-pin locking device to minimize complete trailer theft,
EXHIBIT It
PAGE:L. OF..L1.. "
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------------.------------------------
APPROVING PA 90-050 20/20 RECYCLE CENTER CONDITIONAL USE PERMIT TO
OPERATE A REDEMPTION CENTER IN THE PARKING LOT AREA OF THE
PAYLESS/DUBLIN PLAZA SHOPPING CENTER LOCATED AT 7201 REGIONAL STREET
WHEREAS, Boudewijn P. Hanrath representing 20/20 Recycle Center
filed an application for a Conditional Use Permit to allow the
continued operation of a recycling redemption center within the
parking lot of the Payless/Dublin Plaza Shopping Center at
7201 Regional Street; and
WHEREAS, the adopted city of Dublin zoning Ordinance, as amended,
provides for the operation of recycling centers through the
Conditional Use Permit process; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on February 19, 1991 and Man:h 18, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewl:ld in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under section 15301, Class 1; and
WHEREAS, the Staff Report was submitted J~ecommending that the
application be conditionally approved, subjec1: to conditions; and
WHEREAS, the Planning Commission did heaJ~ and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The proposed project will serve a public need by providing a
recycling collection/redemption cen':er for the community.
B. The use will be properly related to other land uses and
transportation and service facilitil:ls in the vicinity, as
the proposed use will be compatible to the existing
commercial business uses in the Dublin Plaza Shopping
Center.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the
health or safety of persons residinq or working in the
vicinity, or be materially detrimen~al to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
EXHIBIT 8
PAGE ~ 0F12_
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located, in that Gonditions have been
applied to insure conformance with 1:he Zoning Ordinance.
E. The use is consistent with the policies of the Dublin
General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin P:Lanning Commission does
hereby conditionally approve PA 90-050 20/20 l~ecycle Center
Conditional Use Permit as shown by materials :Labeled Exhibit A dated
received January 25, 1991 and on file with the Dublin Planning
Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use. and shall be subject to Planning Department review and approval.
The following codes represent those departmen1:s/aaencies responsible
for monitorina comt>liance of the conditions of approval. rPLl
Planning. rBl Buildina. rpOl Police. rpWl Public Works. rADMl
Administration. rFINl Finance. rFl Dougherty Regional Fire Authority.
(DSRl Dublin San Ramon Services District. rCOl Alameda County
Department of Environmental Health.
1. PA 90-050 is approved for a recycling center consisting of a 28
foot long trailer and a maximum of four on-site igloos for the
collection and temporary storage of glass, aluminum and plastic
beverage containers which will be located in the parking lot of
the shopping center at 7201 Regional Strl~et as generally depicted
on the site plan prepared by George Meu j~ssociates dated received
January 25, 1991 and photograph of traill~r and igloos labeled
Exhibit A. [PL]
2. The maximum number of parking spaces utilized by the recycling
center shall not exceed four parking spaces. [PL]
3. The Applicant shall have a current annual Recycling Facility
Permit and Recycling Transporter Permit ::or the site as required
by Dublin Municipal Code section 5-32. [ADM]
4. All recyclable materials shall be stored inside the approved
trailer and igloo containers. [PL]
5. The containers shall be emptied only during the hours of
8:00 a.m. and 5:00 p.m. [PL]
6. The Applicant shall take all necessary precautions to ensure
litter and materials are controlled and 1:hat the units are
maintained in an attractive and functionally operative manner.
[PL]
- 2 -
PAGE L OF ..J.:L
7. The Applicant shall control activity so as not to create a
nuisance to the existing businesses or shoppers. [PL, PO]
8. A solid, enclosed receptacle shall be provided for the receipt of
recyclable materials when igloos are una1:tended or locked. [PL]
9. On-site directional and identification signs shall not exceed
eight (8) square feet and shall not contain advertising messages
subject to Planning Director review and approval. [PL]
10. A minimum of one 40 gallon all-whether tJ::-ash receptacle shall be
provided in each collection area. [PL]
11. All containers shall be clearly marked to identify the type of
material to be deposited and a notice will be displayed stating
that no material shall be left outside the recycling containers.
[PL]
12. The trailer shall have a notice identifying the name and
telephone number of the facility operato:::- and the hours of
operation including a 24-hour emergency number. [PL, PO]
13. The Applicant and/or Property Owner shall be responsible for
ensuring that the premises surrounding the recycling facility is
maintained free of litter, recyclable and non-recyclable
materials, and other debris. [PL]
14. The Applicant and/or Property Owner shall post, in a convenient
and visible location within the Payless store entrances and
exits, the location of the recycling facility. [PL]
15. The Applicant shall submit evidence to the Planning Director that
appropriate state and local licenses, (including Business
License) permits or certificates have bel3n obtained. [PL, ADM,
FIN]
16. The Applicant shall bring the site into conformance with the
project conditions of approval within thirty (30) days from the
effective date of this approval. [PL, AD!>!]
17. No modifications or relocation to the recycling center shall
occur without prior review and written approval of the Planning
Director and must comply with all applicable zoning, building
code and Public Works regulations includ,ing issuance of building
permits if required. [PL, B, PW]
18. On at least an annual basis, this Conditional Use Permit shall be
subject to Zoning Investigator review and determination as to
compliance with the conditions of approval. [PL]
19. This permit shall be null and void in thl3 event the approved use
ceases to operate for a continuous one Yl3ar period. [PL]
20. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
- 3 -
PAGE.l.L OF l1...
the terms or conditions of this use permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 18th day of March, 1991.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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A PMn OF THE
ZONING MAP
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DUBLIN
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DESCRIPTION OF OPERATIONS
...--......u....J.. 6, r uJ Regional Street
..pA-rU:~S 71.C \
The state certified 20/20 Recycle Centers currently located at Albertson's #733, at
7333 Regional Street consists of one 28' trailer and igloos for storing the used beverage
containers which the attendant buys back from the public. The E!quipment is located on a
portion of t~e parking lot so as to minimize impact on traffic flON in the lot and on
adjacent city street(s}. Visuals to passing traffic are very imp::>rtant for a number of
reasons, To achieve higl'1 community recycling participation, thE! center needs to be in
full vIew. Any site which Is not fully visible will not b~ able te reach recycling levels
that sUPP9rt keeping the site open. Visibility is also important to maintaIn employee
safety, as the attendant operates alone,
The equipment consists of one 28' trailer, paintr:o white and fiberglass contaIners
fiitlli'ltArl on rl[)flfO'iimately 325. >qu~.rQ flOlOl of ~p.C'!l "nd & footprint th3t cOngUm~i throQ
parking spaces. A trailer Is used. instead of just igloos. due to ':he fact that this Is a hIgh
volume site. As a result, the trailer allows subst;.tntiJI truckin~l ef!ici.:ncy sInce it holds
the equivale0ce of over twenty Igloos of ma!erial. V;!1en the trailer is full of aluminum
and plastic. it is replaced with another cloan and 8::1ply trailer, Tt1is one trailer, which
fills about twice a month, replaces having to service tllG site over ten limes a month for
fllllminllm Rnd plastic, AnothlOr blOn"fit to Qmployhg ~ tr3ilor is: th3t it 3110wc thu
commodity buyer to gIve customers much quiCKer r,.,rvice by h:~ndling the aluminum
cans In bulk,
The remaining igloos are all used only for storing glass which is sorted into clear and
colored. When they are full, they are erT!ptied by a 20/20 service truck using a knuckle
crane. As with any other sile, none of tlle o'lu;prn';r~~ i:'. fixed to the p(~;:--,jng lot, n~r does
it require any electricity. This arrows the si:e to c'; ri-"Id:ly moved in C;lse of any
!.Intoreseen changes in the parking let. Tile trailer :::',~ i~loos are \"'~' ,':oof a:-:rj slfcured
at night with locks to prevent any material t~:0f!.
~ ~CYCU: C~
FAX: 71H~161~
PHONE: 71-4-~79-2roo
FAX. MESSAGe
DATE 17-2 ":,-'\D '5' i.r-
-'t". - . - r""
TQ, 9.'1'0:>1-'. YlOl.r."J)toCJi:i..~~..",c
COMPANY ~....F..D~,IlL'''''
fAX NO (~l") ~~3' f.G"),
fROM \-1. y, \-1. ".~,~r-,\...
NO OF PA~F=~ 1
~
~r~'rf'r ATTACHMENT 2--
PAGE & OF .r:L
WRITTEN STATEMENT
20/20 RECYCLE CENTERS
20/20 Recycle Centers currently operates three certified recycling centers in
grocery store parking lots in the City of Dublin. These recycling centers are the only
state certified centers within the city limits, providing residerts with a convenient
opportunity to be reimbursed for their recycling efforts. Not <:>nly does this recycling
system come to the City of Dublin at no costs, it also offers a r umber of other benefits.
Many residents regularly pass the 20/20 sites and receive a constant reminder of
the availability of recycling, yet they choose not to participate. When Dublin completes
its citywide curbside program, a substantial amount of program recognition will already
be established by virtue of the visible 20/20 sites. Free recycling promotion is another
result of our centers. For those who do not care to make the effort to transport
recyclables back to the grocery store, the curbside program w:1I become a much more
palatable option.
AB939 requires that California cities and counties prepare solid waste management
plans which include 25% recycling goals. To reach these goal:;, Dublin already has the
benefit of a citywide system of buyback centers, which can be included in their
integrated recycling levels. The 20/20 centers compliment curbside progr~ms, because
we offer an economic incentive as opposed to different incentives provided by the
curbside program, Initially many curbside programs do not include multi-dwelling
units. Our buyback centers provide some degree of coverage when the curbside program
falls short of this coverage.
For the above reasons, our centers warrant passing of these three permit
applications and we look forward 10 possible future discussions of joint city/private
promotions to further increase r~cycling rates in the City of Dublin.
RECEIVED
JUN 28 1990
ATTACHMENT 2:,
PAGE.i.L OF U
(
. City Offices, 100 Civic Plaza, Dublin, Califorr.ic 94568
Boudewijn P. Hanrath
20/20 Recycle Centers
1731 pamona Road
Corona, CA 91720
Re:PA 90~050/7201-7333 Regional street,;~
PA 90-051/8909 San Ramon Road
20/20 Recycle Center Conditional Use Pl:!rmits
Dear Mr. Hanrath:
I have attempted to contact you on several occasions over
the past few months to discuss your incomplete Conditional Use
Permit applications, which were submitted o~ June 28, 1990.
Both the Lucky and Albertsons store sites have the 20/20
Recycling Centers in place and in use withoQt benefit of valid
Conditional Use Permits (previously approvej Conditional Use
Permits expired on September 28, 1989).
The following submittal items are required to process the
Conditional Use Permit requests for each location:
1. Revised site plans
2. permission of the property owners
3. Revised 300 foot radius map and property owners list
with labels
4. Blank stamped envelopes
As of this date, you have not submitted these items to the
Planning Department.
In order to preclude further enforcement actions and
penalties, the above-listed items must be submitted by
December 14, 1990. Once the plans are subn,i tted, the Planning
Department will continue processing your application and schedule
the items for public hearing.
If you have any questions, give me a call. I look forward
to your immediate cooperation in the resolution of this matter.
R ~p Kachadourian
zoning Investigator
RK:df
cc: Address File
Maureen O'Halloran, Senior Planner
Zoning Files
Adrrinistration (415) 833-6650 . City Council (415) 833-6605 . Finance (415) 83:,-6640
Code Enforcement (415) 833-6620 . Engineer:ng (415) 833-663C . F
Police (415) 833-6670 . Public Works (415) 833-6630 . Recreatlo
ATTACHMENT 4-
PAGE J;;L OF .u...
CITY 'OF DUBLIN. BUILDING INSPECTION DEPARTMENT
YOU ARE HEREBY NOTIFIED THAT A VIOLATION OF THE DUBLIN CITY ORIlINANCE CODE EXISTS AS DESCRIBED
BELOW. FAILURE TO COMPLY WITHIN THE TIME SPECIFIED MAY RESULT IN A CITATION BEING ISSUED WHICH
MAY REQUIRE YOUR APPEARANCE IN COURT AND A FINE OF UP TO $500.00.
To
Boudevijn P. Hanrath
7201-7333 Reg10nal Street
CtKn.1".[E1) MAIL
Location of Offense
Date
1/11/91
Name
20/20 Recycling Centers
Tel 714/279-2200
~,,; Business Address
1731 Pomona Road
Residence Address
Code SectioD
8-48.2(q)(
Dublin Zoning OrdiAllnce
C-2 Districts
Description of Violation
Operation of a recyc1iJlg center without a valid
and approved Conditional Use Permit
This violation must be corrected as follows:
*"
Cease operation of the recyc11ng center and remove alligloos, trailer unit and
signs from the premises. , . J
Further enforcement action willJ~firMrbe postponed if you avail yourself
I
f h1e {( II( , . d ,; t t' edv{j'l) 'th' 6 .-l 1) Submit revised site plan;
o t fu~t~In~~fofr 11/ 'irfP>~)s o~~; revised 3OO"~Miu9 maps and property owners
list with labels to the Planning Department by 5:00 p.m., Thursday, January 17, 1991,
to continue the application process; and 2) obtain Planning Cocmdssion approval
of a Conditional Use Permit by February 20, 1991. Failure to obtain a Conditional
Use Permit by February 20, 1991, will result in legal. action and penalties.
Issuing Officer
Ralph K.achadourian 1215
Title
Zoning Investigator
Office Address
100 Civic Plaza, Dublin, CA 94568
ATTACHMENT 5
PAGE.1b... GF .u..
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