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must evaluate the application in accordance with the standards set forth in the PMC and on the basis of its merit and conformance with the applicable requirements of the approved PUD development plan. PMC 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. The City shall apply its zoning laws even though the Code may contradict a covenant, deed restriction or private agreement. Should the Council decide to uphold the Planning Commission's approval, the use would not invalidate the Park's CC&R's. If a party, e.g., the Board 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. Prior to and since the Planning Commission's approval, the applicant has made numerous efforts to discuss the Park's denial with the Board in hopes that they would reconsider their denial of the application. The Board is standing firm that allowing the use would be inconsistent with the other uses within the Park and that the City's approval of the use violates their governing documents. Although the majority of the businesses in Valley Business Park are office/warehouse uses, in recent years child-orientated educational and recreational businesses have located within the Park. These uses include tutoring centers, dance studios, daycares, music facilities, and a cheerleading and gymnastic training facility, all of which were businesses required to secure conditional use permits to be located in the Park. When the proposed use is educational, instructional, recreational, or daycare, staff evaluates how that use integrates into surrounding uses. This business park was primarily designed for light-industrial uses, and on a few 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 (please refer to Figure 1 on page 4. 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 staffs knowledge, those uses did not create any safety concerns or impacts within the Park or to adjacent uses. Staff is of the opinion that, as conditioned, the subject use would be compatible with the other uses within the Park. Staffs analysis and the Conditional Use Permit Findings can be found in the Planning Commission staff report in Attachment 3. Page 3 of 4