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THE CITY OF 17 ftAs i TONa CITY COUNCIL AGENDA REPORT July 19, 2011 Community Development Planning Division TITLE: P11-0035, VALLEY BUSINESS PARK OWNERS ASSOCIATION — CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT (PCUP-296, SUMMER BOWERS) TO OPERATE A STATE-EXEMPT CHILD CARE LEARNING CENTER DURING THE SUMMER ONLY AT 1020 SERPENTINE LANE, SUITE 109 APPELLANT: Valley Business Park Owners Association APPLICANT: Summer Bowers / Summer Time Learning Center SUMMARY Valley Business Park's Owners Association is appealing the Planning Commission's approval to allow a state-exempt child care learning center to operate within Valley Business Park. Prior to submitting a formal Conditional Use Permit (CUP), the applicant submitted the use request to Valley Business Park's Architectural Review Board for their consideration. The Board denied the applicant's request, twice, stating that the use was in conflict with the Park's Covenants, Conditions, and Restriction's (CC&R's). Zoning for the Park is Planned Unit Development — Industrial (PUD-I), which conditionally allows daycare facilities, with the CC&R's stating that the use is conditionally allowed if approved by the Architectural Review Board. The applicant submitted a formal application to the City and the City processed the applicant's request based on the zoning and Pleasanton Municipal Code (PMC) requirements. On June 8, 2011, the Planning Commission approved the applicant's CUP; however, the Board is of the opinion that the City's approval of the CUP violates the Park's CC&R's and that the uses within the Park are for light industrial uses only and, therefore, filed an appeal to the City Council. The Board's explanation of appeal is provided in Attachment 2. PLANNING COMMISSION ACTION Approved the application subject to conditions of approval by a 5-0 vote. RECOMMENDATION Staff recommends that the City Council adopt the attached draft resolution denying the appeal, thereby upholding the Planning Commission's approval of PCUP-296 subject to the conditions listed in Attachment 1. FINANCIAL STATEMENT No fiscal impact on the City or Public Services is anticipated.