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PCUP-273/UP-90-43, Diamond Pleasanton Enterprises Consideration of a possible modification of conditions of approval or revocation of a Conditional Use Permit for the operation of Club Neo located at 4825 Hopyard Road. Zoning for the property is PUD-I/C-O (Planned Unit Development — Industrial/ Commercial-Office) District. Action recommended: Modify the Conditions of Approval per staff-recommended Option 3, (per Exhibit A of the staff report, but limiting the maximum number of patrons to 300). Action taken: Modified the Conditions of Approval per Option 4 (per Exhibit A of the staff report, but limiting the maximum number of patrons to 300, with the possibility of returning to the Commission to increase the maximum number if there are no incidents over the next 30 days and the Club complies with all the Conditions of Approval), with a modification that there be a positive recommendation from the Police Chief and Director of Community Development prior to scheduling a hearing before the Commission. The Commission also made the following additional modifications: • Add a condition requiring the applicant to implement good security practice and communication, that every person in security be in uniform and have a radio, and that there be direct communication between the Club and the Police Department • Add a condition requiring the applicant to post its dress code on-site and on the Club's website. The Commission then directed staff to notify the Commission immediately of any incident that is not reported in the media or of any recurrence of incidents, and if there is a significant event, to schedule a hearing for the next meeting possible with appropriate notification. Vote: 5-0 (O'Connor recused himself due to a conflict of interest). Submitted by: Approved by: ib Brian Doran Nelson Fialho Director of Community Development City Manager Page 3 of 3