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RESOLUTION NO. PC-2024-02 <br /> <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANTON <br />DENYING THE APPEAL OF STACY CALL, BOTTOMS UP ESPRESSO, THEREBY <br />UPHOLDING THE ZONING ADMINISTRATOR’S DECISION DENYING AN APPLICATION <br />FOR ZONING APPROVAL FOR BOTTOMS UP ESPRESSO AT AN EXISTING DRIVE-UP <br />KIOSK LOCATED AT 4299 VALLEY AVENUE, AS FILED UNDER CASE NO. P24-0023 <br /> <br />WHEREAS, on November 1, 2023, Stacy Call, Bottoms Up Espresso, applied for <br />Zoning Approval to operate a Bottoms Up Espresso for drive-thru coffee, espresso, energy <br />drinks, and packaged sandwiches at an existing drive-up kiosk located at 4299 Valley Avenue; <br />and <br /> <br />WHEREAS, zoning for the property is PUD-C (Planned Unit Development - <br />Commercial) and the Planned Unit Development final development plan designates the subject <br />site as the CN (Neighborhood Commercial) zoning district; and <br /> <br />WHEREAS, Municipal Code Section 18.114.020 defines adult entertainment <br />establishments as any business which displays specified anatomical areas, including less than <br />completely and opaquely covered buttock and female breast below a point immediately above <br />the top of the areola; and <br /> <br />WHEREAS, within the Neighborhood Commercial zoning district adult entertainment <br />establishments are not permitted; and <br /> <br /> WHEREAS, on December 21, 2023, the Zoning Administrator issued a denial of the <br />Zoning Approval application defining the proposed use as an adult entertainment <br />establishment based on the submitted application information, company website content and <br />images, and social media images; and <br /> <br />WHEREAS, on January 2, 2024, the applicant filed an appeal of the Zoning <br />Administrator’s decision to the Planning Commission; and <br /> <br />WHEREAS, on January 24, 2024, the Planning Commission held a duly-noticed public <br />hearing and considered relevant exhibits, recommendations of the City staff concerning this <br />appeal, and received testimony from the applicant and interested parties; and <br /> <br />WHEREAS, denial of a project is not an action subject to the California Environmental <br />Quality Act (CEQA). <br /> <br />NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of <br />Pleasanton, based on the entire record of proceedings, including the oral and written staff <br />reports and all public comment and testimony: <br /> <br />Section 1: <br />The Planning Commission moved and approved the following motion: Because the applicant <br />stated during public comment that the drive -up kiosk had been rented by another operator and <br />was no longer a viable option, and to the extent that the application is not rendered moot and <br />DocuSign Envelope ID: 64D2CE61-7236-474B-8424-7D1B04901F09