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-1 — <br />1 6.14 Section 1002.02 (Twenty-Four Hour Uses) states: Any commercial use that is regularly <br />2 open for business or involves other significant, outc�oor activity during any hour between <br />3 ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. (Ord. 1234, 12-IS-1999, eff. 1-1- <br />4 2000) <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />The Planning Division has reviewed the proposal and discussed the hours of <br />operation with the applicant, specifically the restaurant use, concluding that the <br />proposal will not be a 24 hour use as defined above and not required to meet certain <br />heightened requirements. <br />6.15 § 1006.OSA2 (Buffer Zone) states: Where a shopping center district abuts a residence <br />district, any new development shall include in the required setback a buffer zone a <br />minimum offorry feet (-�0) in width abutting the residential district. This protective strip <br />shall contain no structures, shall not be used for parking, off-street loading or storage, <br />and shall be landscaped. The landscape treatment shall include the seeding of grass or <br />sodding of the whole of the buffer strip, the planting of shrubbery and trees and <br />maintaining of same, a compact screen wall, fence, berm, landscaping, or combination <br />thereof which limit shall be not less than seventy five percent (75%) opaque year-round <br />to a minimum height of 6 feet above the parking lot curb. The landscape treatment must <br />be approved by the ciry and shall be in harmony with a residential neighborhood and <br />provide suffrcient screening of the shopping center operations. The landscape screening <br />or fence shall be no less than six feet (6) at the time of installation. YVhere a berm, wall, <br />fence or combination thereof is required for screening purposes for a commercial use <br />adjacent to a residential use, such berm, N�all, fence or combination thereof shall be set <br />back from the residential district boundary at least three (3) times its height, and <br />landscaped with trees, shrubs, perennials and sod or seed to screen fifty percent (50%) of <br />the surface of the wall or fence at maturiry of the plant materials year-round. <br />29 The Planning Division has concluded that a component of the <br />30 redesign/reconfiguration of the parking area east of the new structure shall include <br />31 additional buffer strip area, landscaping and/or fencing. <br />32 <br />33 6.16 §1006.OSA3 (Special Requirements When Rear Yard Includes Loading Area) states: <br />34 YVhere a rear yard of a shopping center district includes the loading and servicing area <br />35 of a shopping center building and where such a rear yard is adjacent to or across the <br />36 street from a residential district, the building setback shall be one hundred twenty feet <br />37 (120), and the buffer strip shall be sixty feet (60). <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />The Planning Division has concluded that this requirement does not apply to the <br />subject proposal. <br />PF07-0�3 RCA 011408.doc Page 7 of 13 <br />