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P24-0023, 4299 Valley Avenue Planning Commission <br />5 of 5 <br /> <br />below the top of the areola displayed. In addition, the Bottoms Up Espresso company attire <br />policy provides for the display of what the PMC defines as “specified anatomical areas”. <br /> <br />ALTERNATIVES <br />As articulated above, it is the staff’s recommendation that the Planning Commission deny the <br />appeal. However, an alternative the Planning Commission could consider includes: <br /> <br />1. Approve the appeal. The Planning Commission could approve the appeal and <br />determine the applicant’s business is not classified as an adult entertainment <br />establishment and, therefore, defined as a restaurant business, which is permitted in the <br />CN zoning district. <br /> <br />NOTE: In discussions with staff, the applicant had proposed a possible Pleasanton- <br />specific dress code for employees. As that was not part of the original application, it is <br />not provided here for discussion. Even if a Pleasanton -specific dress code is <br />subsequently submitted for consideration as a new application by Bottoms Up <br />Espresso, staff would have practical concerns regarding ongoing enforcement. <br /> <br />PUBLIC NOTICE <br />Notices of this application were sent to surrounding property owners and tenants within a <br />1,000-foot radius of the site. Staff has provided the location and noticing map as Exhibit D for <br />reference. At the time this report was published, staff had not received any public comments <br />about the project. <br /> <br />ENVIRONMENTAL ASSESSMENT <br />The denial of a project is not an action subject to the California Environmental Quality Act <br />(CEQA). Therefore, no environmental document accompanies this report. <br /> <br />SUMMARY/CONCLUSION <br />As described above, the proposed business meets the definition of an adult entertainment <br />establishment which is not permitted in the CN zoning district. Staff recommends the Planning <br />Commission deny the appeal, thereby upholding the Zonin g Administrator’s decision. <br /> <br /> <br />Primary Author: <br />Melinda Denis, Planning and Permit Center Manager, 925-931-5631 or mdenis@cityofpleasantonca.gov <br /> <br />Reviewed/Approved By: <br />Ellen Clark, Director of Community Development <br />Larissa Seto, Assistant City Attorney