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THE CITY OF 9 - t ° CITY COUNCIL AGENDA REPORT pL-EASANTON® April 3, 2012 Community Development Planning Division TITLE: UP-90-43/PCUP-273, CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL TO MODIFY THE EXISTING CONDITIONAL USE PERMITS FOR THE OPERATION OF CLUB NEO, LOCATED AT 4825 HOPYARD ROAD SUMMARY On February 8, 2012 the Planning Commission considered a possible modification of the existing Conditions of Approval or revocation of a Conditional Use Permit for the operation of the nightclub, Club NEO. Based on incidents that occurred at the club in December 2011 and January 2012, involving large crowds of persons fighting, a shooting incident, and other criminal activities, the Planning Commission approved a reduction in the nightclub's occupancy to allow a maximum of 300 patrons plus club staff. Previously, the club's conditions of approval limited the total occupancy to 812 persons (patrons and club employees combined). The Planning Commission also modified other conditions of approval related to security, hours for serving alcohol, etc. On February 23, the nightclub's attorney filed an appeal of the Planning Commission's decision (See Attachment 2) which challenges the Commission's decision to limit the number of nightclub patrons to 300. PLANNING COMMISSION ACTION Approved the modified Conditions of Approval by a 5-0 vote. RECOMMENDATION Staff recommends that the City Council adopt the attached draft resolution denying the appeal, thereby upholding the Planning Commission's approval to modify the Conditions of Approval for Case No. PCUP-273 as listed in Attachment 1. FINANCIAL STATEMENT No fiscal impact on the City is anticipated from modification of the conditions of approval.