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� r-� 1 The Planning Division has reviewed the proposal and discussed the hours of 2 operation with the applicant, specifically the restaurant use, concluding that the 3 proposal will not be a 24 hour use as defined above and not required to meet certain 4 heightened requirements. 6 6.14 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 § 1006.OSA2 (Buffer Zone) states: Where a shopping center district abuts a residence district, any new development shall include in the required setback a buffer zone a minimum of forry feet (40) in width abutting the residential district. This protective strip shall contain no structures, shall not be used for parking, off-street loading or storage, and shall be landscaped. The landscape treatment shall include the seeding of grass or sodding of the whole of the buffer strip, the planting of shrubbery and trees and maintaining of same, a compact screen wall, fence, berm, landscaping, or combination thereof, which limit shall be not less than sevenry five percent (75%) opaque year-round to a minimum height of 6 feet above the parking lot curb. The landscape treatment must be approved by the ciry and shall be in harmony with a residential neighborhood and provide sufficient screening of the shopping center operations. The landscape screening or fence shall be no less than six feet (6) at the time of installation. Where a berm, wall, fence or combination thereof is required for screening purposes for a commercial use adjacent to a residential use, such berm, wall, fence or combination thereof shall be set back from the residential district boundary at least three (3) times its height, and landscaped with trees, shrubs, perennials and sod or seed to screen fifty percent (SO%) of the surface of the wall or fence at maturiry of the plant materials year-round. 24 The Planning Division has concluded that a component of the 25 redesign/reconfiguration of the parking area east of the new structure shall include 26 additional buffer strip area, landscaping and/or fencing. 27 28 6.15 § 1006.OSA3 (Special Requirements When Rear Yard Includes Loading Area) states: 29 Where a rear yard of a shopping center district includes the loading and servicing area 30 of a shopping center building and where such a rear yard is adjacent to or across the 31 street from a residential district, the building setback shall be one hundred twenry feet 32 (120), and the buffer strip shall be sixry feet (60). 33 34 The Planning Division has concluded that this requirement does not apply to the 35 subject proposal. 36 37 6.16 §1006.OSB (Floor Area Ratio) states: Ratio between floor area of building and lot area, 38 exclusive ofpublic right-of-way easements, shall not be greater than 1.0, except as 39 approved in the project master plan or a site specific Planned Unit Development. 40 41 Har Mar Mall has a gross parcel size of 2,111,201 sq. ft. (48.466 acres), a net parcel 42 size of 1,820,911 sq. ft. (41.802 acres), and is comprised of the main Mall building 43 with a footprint totaling 521,874 sq. ft. and two outlot structures totaling 12,584 sq. 44 ft. (Back Street Grill - 5,796 and Firestone - 6,788 sq. ft.) for a total site footprint PF07-053_RCA_112607.doc Page 7 of 13