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EXHIBIT A MODIFIED CONDITIONS OF APPROVAL UP-90-43/ PCUP-273, Diamond Pleasanton Enterprise 4825 Hopyard Road February 08, 2012 I. Project Specific Conditions: Planning Division 1. The proposed business activities and operation shall conform substantially as described in plans, narrative, and other materials (Exhibits B, C, F and G), dated "Received June 28, 2010," on file with the Planning Division, except as modified by the following conditions. Minor changes to the approved activities and/or operation may be approved by the Director of Community Development if found to be in substantial conformance with the approved exhibits. 2. If the applicant desires additional hours and activities beyond what was stated in the applicant's written narrative, dated "Received June 28, 2010," on file in the Planning Division, or modifications to these conditions, prior City review and approval is required. Such modifications may be approved by the Director of Community Development if found to be in substantial conformance with the approval. The Director of Community Development may also refer the matter to the Planning Commission if the proposed changes would be significant. 3. These Conditions of Approval shall supersede all prior Conditions of Approval (Resolutions Nos. PC-2010-18 and PC-90-93). 4. The operator shall maintain a system to count the number of patrons who are in the club at any given time. The operator shall provide the number of occupants currently in the club upon request by Pleasanton Police Department personnel. 5. The club shall be limited to a maximum of 300 patrons. (This number does not include nightclub employees and/or security staff.) If there are no incidents similar to those that occurred on Dec. 17/18 or Jan 14/15 over the next 30 days, and the Club complies with its Conditions of Approval, and the Chief of Police and Community Development Director recommend increasing the number of patrons, Planning staff will schedule a public hearing for the Planning Commission to consider increasing the maximum number of patrons. 6. The City does not require that the nightclub have a dress code, however, if applicant chooses to have a dress code, then the following shall be required: By March 2, 2012, the operator shall post the dress code on the club's website and via signage on the subject property so that patrons will be able to view the dress code upon arrival and prior to waiting in line to enter the club. The design and location of said 1