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P24-0023, 4299 Valley Avenue Planning Commission 4 of 5 interested in selling the business or subleasing it to another operator. On November 1, 2023, the applicant submitted the Zoning Approval application to allow for her business to operate within the existing drive-up kiosk at 4299 Valley Avenue. As described above, the request was denied by the Zoning Administrator on December 21, 2023 (see Exhibit B) and the applicant filed an appeal on January 2, 2024 (see Exhibit C). ANALYSIS As described above, the proposed business is located on a subject site with the CN zoning designation. The permitted and conditional uses for the CN zoning district are listed in PMC Section 18.44.080. The uses applicable to the proposed business include “restaurants and catering establishments,” which are permitted, and “adult entertainment establishments,” which are not permitted.1 The Zoning Administrator determined that Bottoms Up Espresso met the definition of an adult entertainment establishment based on the company website content and images, and social media images of staff at existing Bottoms Up Espresso locations in other jurisdictions (see Exhibit B). The PMC provides the following definition for adult entertainment establishments (emphasis added): CHAPTER 18.114 ADULT ENTERTAINMENT ESTABLISHMENTS 18.114.020 Definitions. For the purposes of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section have the meaning given them in this section. A. “Adult entertainment establishment” means any place or business at which one or more of the following activities is conducted: 1. “Adult bookstore” means… 2. “Adult motion picture theater” means… 3. “Adult video store” means… 4. “Other businesses” means any business not otherwise herein defined or identified which involves “specific sexual activities” or display of “specified anatomical areas.” I. “Specified anatomical areas” means less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered. The company website content and images and social media images of staff at existing Bottoms Up Espresso locations show portions of bare buttocks displayed and bare breasts 1 Adult entertainment establishments are particular types of uses which can be subject to additional regulation because they often create negative secondary impacts, such as increased criminal activity. The Pleasanton Police Department's crime analyst asked colleagues in the City of Tracy about calls for service at the Bottoms Up Espresso kiosk that operates in that jurisdiction. The Tracy Police Department provided calls for service from 2022-2023. They had a total of six (6) crime calls for service at their Bottoms Up location at 2355 W Grant Line Rd. These calls for service included suspicious persons and vehicles, vandalism, and trespassing. Comparatively, Pleasanton had a total of seven (7) calls for service across our three coffee drive through locations: Black & White Coffee and Boba at 4299 Valley Avenue, Starbucks at 4283 Rosewood Drive, and Java Detour at 6750 Santa Rita Road.