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CITY COUNCIL OF THE CITY OF PLEASANTON <br />ALAMEDA COUNTY, CALIFORNIA <br />RESOLUTION NO. 02-099 <br /> <br />RESOLUTION UPHOLDING THE APPEAL AND <br />MODIFYING THE CONDITIONAL USE PERMIT FOR A <br />DANCE CLUB AND BAR (NISUS ENTERTAINMENT DBA <br />THE MARQUE), AS FILED UNDER CASE UP-95-20 <br /> <br />WHEREAS, <br /> <br />at its meeting of July 24, 2002, the Planning Commission suspended the <br />conditional use permit for a dance club and sports bar serving alcohol after 10:00 <br />p.m., located at 4555 Hopyard Road, Suite C-19, and agreed to reevaluate the <br />matter at the Planning Commission's first meeting in September 2002; and <br /> <br />WHEREAS, the property is zoned PUD-I/C-O (Planned Unit Development <br />Industrial/Commecial-Office) District; and <br /> <br />WHEREAS, within the time specified by the Pleasanton Municipal Code, Nisus Entertainment <br /> dba The Marque, filed an appeal of the Planning Commission's decision; and <br /> <br />WHEREAS, a public hearing was held before the City Council on September 3, 2002, at which <br /> time all pertinent testimony and documents were reviewed; and <br /> <br />WHEREAS, <br /> <br />the City Council finds that the proposed location of this conditional use and the <br />conditions under which it has been operated and maintained, if not modified as <br />provided herein, will be detrimental to the public health, safety and welfare and <br />will be materially injurious to persons, properties and improvements in the <br />vicinity. More particularly, the noise generated by the patrons when they leave the <br />nightclub late at night, and the lack of control of the patrons by the club's <br />management, have had a negative impact on the peace and tranquillity of the <br />neighbors on the west side of Hopyard Road and have required a disproportionate <br />use of police department personnel and resources. The additional conditions <br />imposed on the use are intended to reduce, if not eliminate, those negative impacts <br />and reduce the need for a police presence. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br /> <br />