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Commissioner Blank noted that he did not see the level of specificity of the original conditions in the proposed conditions, such that a mariachi band could feasibly play every night. Ms. Stern referred to a 2007 letter by then Planning Director Jerry Iserson repealing the Commissioner Blank inquired whether Mr. Iserson had the authority to change the Conditions of Approval put in place by the Planning Commission. Mr. Dolan replied that technically, Mr. Iserson did not have that authority; however, because there were so many problems with the restaurant then, Mr. Iserson spoke with the operators and imposed a new set of more stringent rules, with the understanding that if the operators did not agree to and comply with these new rules, the use permit would be brought back to the Planning Commission. Commissioner Blank noted that the original conditions state that the Planning Commission may add conditions or revoke the conditional use permit if necessary. He noted that the new language did not include revocation of the original use permit. He inquired why this is not written in the proposed conditions and indicated that he would like the original language to be included in the proposed conditions. Ms. Stern noted that Condition No. 4 includes the revocation of the permit for live music and that Condition No. 16 indicates that all conditions of PCUP-132 shall remain in full force and effect. Commissioner Blank expressed concern that Condition No. 13 modifies the requirement to go back to the Planning Commission. Ms. Harryman clarified that Condition No. 16 states that all prior conditions remain effective and that the language of revocation stands as noted in Condition No. 9 of the original Conditions of Approval. Commissioner Pearce noted that the last sentence of Condition No. 4 states that the item may be returned to the Planning Commission for review and action, which includes revocation of the use permit. Commissioner Pentin stated that he believes Condition No. 13 covers everything, including all factors involving impacts as well as revocation. Commissioner Blank asked for Acting Police Chief Finn stated that Pleasanton police officers routinely do patrol checks, and these include a variety of things such as driving through a parking lot, observing activity and looking for improper behavior, visiting with patrons in the parking lot, meeting with the business owners and security guards, walking through the PLANNING COMMISSION MEETING MINUTES, January 12, 2011 Page 4 of 11