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-� — 1 the site in compliance with the standards specified below for twenty four (24) hour uses. 2 (Ord. 1234, 12-15-1999, eff. 1-1-2000) 4 6.14 Section 1002.02 (Twenty-Four Hour Uses) states: Any commercial use that is regularly 5 open for business or involves other significant, outdoor activiry during any hour between 6 ten o'clock (10: 00) P. M. and seven o'clock (7.• 00) A. M. (Ord. 1234, 12-15-1999, eff. 1-1- 7 2000) 8 9 The Planning Division has reviewed the proposal and discussed the hours of 10 operation with the applicant, specifically the restaurant use, concluding that the 11 proposal will not be a 24 hour use as defined above and not required to meet certain 12 heightened requirements. 13 14 6.15 § 1006.OSA2 (Buffer Zone) states: Where a shopping center district abuts a residence 15 district, any new development shall include in the required setback a buffer zone a 16 minimum of forry feet (40) in width abutting the residential district. This protective strip 17 shall contain no structures, shall not be used for parking, off-street loading or storage, 18 and shall be landscaped. The landscape treatment shall include the seeding of grass or 19 sodding of the ��hole of the buffer strip, the planting of shrubbery and trees and 20 maintaining of same, a compact screen wall, fence, berm, landscaping, or combination 21 Chereof, which limit shall be not less than seventy five percent (75%) opaque year-round 22 to a minimum height of 6 feet above the parking lot curb. The landscape treatment must 23 be approved by the ciry and shall be in harmony with a residential neighborhood and 24 provide sufficient screening of the shopping center operations. The landscape screening 25 or fence shall be no less than six feet (6) at the time of installation. Where a berm, wall, 26 fence or combination thereof is required for screening purposes for a commercial use 27 adjacent to a residential use, such berm, wall, fence or combination thereof shall be set 28 back from the residential district boundary at least three (3) times its height, and 29 landscaped with trees, shrubs, perennials and sod or seed to screen fifty percent (SO%) of 30 the surface of the wall or fence at maturity of the plant materials year-round. 31 32 The Planning Division has concluded that a component of the 33 redesign/reconfiguration of the parking area east of the new structure shall include 34 additional buffer strip area, landscaping and/or fencing. 35 36 6.16 §1006.OSA3 (Special Requirements When Rear Yard Includes Loading Area) states: 37 Where u rear yard of a shopping center district includes the loading and servicing area 38 of a shopping center building and where such a rear yard is adjacent to or across the 39 street,from a residential district, the building setback shall be one hundred twenry feet 40 (120), and the buffer stYip shall be sixty feet (60). 41 42 The Planning Division has concluded that this requirement does not apply to the 43 subject proposal. 44 45 PF07-053_RCA_012808.doc Page 7 of 13