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cheerleading and gymnastic training facility, all of which were businesses required to secure conditional use permits to be located in the Park. The proposed use would be in keeping with these uses. When the proposed use is educational, instructional, recreational, or daycare, staff evaluates how that use integrates into surrounding uses. Staff is cautious about adjacent uses, knowing that although the existing business neighbors may not have an issue, future tenants may. This business park was primarily designed for light-industrial uses, and on several occasions, tenants have questioned whether having uses geared to children in such close proximity to construction, manufacturing and other industrial uses is a good idea. In staff's evaluation, this use is compatible with the other uses in the Valley Business Park. Furthermore, the subject site and building that they are proposing to occupy is unique in that it is an "office" building (i.e., no roll-up with large warehouse areas) that can better accommodate trade schools, office uses, daycares, etc. The site is also separated from the other "industrial" buildings. In the past, the Planning Commission has granted Conditional Use Permits to the two buildings (1020 and 1024 Serpentine Lane) for schools and child-related services (i.e., Longshore Tutoring Center, Child Links, and Enrichment Education Center— Montessori School). To staff's knowledge, those uses did not create any safety concerns or impacts within the Park or to adjacent uses. Valley Business Park CC&R's Section 3.2.2 Neighborhood and Support Commercial Use (n)(1) of the CC&R's states that daycare centers are conditionally allowed if approved by the Architectural Review Board. As stated above, the Architectural Review Board has indicated that it will not approve the applicant's requested use. Notwithstanding the Architectural Board's rejection, planning staff must evaluate the application before in accordance with the standards set forth in the municipal code and on the basis of its merit and conformance with the applicable requirements of the approved PUD development plan. Pleasanton Municipal Code section 18.04.030(B) makes clear that the City's zoning laws are not intended to interfere with or override any deed restriction, covenant, or other private agreement except in cases where the City's Code imposes a greater restriction on use of the land than does the deed restriction or other private agreement (in which case our zoning code will control). The City shall apply its zoning laws notwithstanding the fact that the code may contradict a covenant, deed restriction or private agreement. Staff believes that the proposed use is appropriate for the subject site and Valley Business Park. The use will be operating during the summer months only and is located within a building that has office-related uses. Furthermore, the subject building and parcel is unique in that the site and building are less likely to accommodate true industrial uses (i.e., no roll-up doors for large truck deliveries). Allowing the center within Valley Business Park is permissible, subject to Conditional Use Permit approval, under the PMC. Staff, therefore, supports the application for this reason. Staff notes that City approval for the use does not invalidate the Park's CC&R's. If a party believes that this use is in conflict with the CC&R's for the Park, then that party may bring private legal action and obtain a determination from the Court. PCUP-296, Summer Time Learning Center Planning Commission 6of10