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PROJECT DESCRIPTION AND BACKGROUND On August 25, 2010, Diamond Pleasanton Enterprise, represented by Ms. Wolfes, received approval from the Planning Commission for modifications to the existing Use Permit to increase occupancy and to allow outdoor dining (PCUP-273). Diamond Pleasanton Enterprise renamed the club Status, and reopened as Club NEO on October 1, 2011. The applicant made the modifications to the interior to increase the maximum occupancy from the 643 to 812 (patrons and employees combined) and added the outdoor patio area with a barrier. In August 2011, Diamond Pleasanton Enterprise filed an application to further modify the existing CUP to allow activities for patrons under the age of 21 years old (Case P11- 0647), however, the processing of this application has been postponed at the request of the applicant. Recent Incidents requiring Police Intervention Several incidents occurred at the end of 2011 and into the first part of 2012 that led staff to bring the CUP to the Planning Commission to consider possible modifications to the existing Conditions of Approval and/or a revocation of the Use Permit. See Attachment 4 for a summary of activity prepared by the Pleasanton Police Department for the Club between October 1, 2011 and March 17, 2012. Although the overview of Police activity provides a more complete summary of recent incidents requiring police intervention, two incidents stand out. On December 17 & 18, 2011, the Pleasanton Police Department (PPD) encountered a large crowd of people (estimated at 600 to 700 people) loitering in the parking lot and engaging in fights, "sideshow" vehicle activity (i.e. reckless driving in the parking lot), littering of alcohol bottles and other items. The incident resulted in the allocation of all available officers from PPD and PPD had to request mutual aid from surrounding law enforcement agencies (i.e., the City of Dublin Police / Alameda County Sheriff's Department). After law enforcement managed to get patrons to finally leave the parking lot, PPD dispatch received a call that an estimated 100 persons had congregated at the Shell gas station on Hopyard Road near 1-580 and were shoplifting items from the convenience store. On December 20, 2011, the City called a meeting with Ms. Wolfes and her head of security. Members of the Police Department, the Planning Division, and the City Attorney's office attended the meeting to discuss the events of December 17/18 and prior incidents at the Club. The Planning Division discussed the Conditions of Approval for the applicant's Conditional Use Permit and noted the violations of the conditions (See Attachment 5). On January 14 & 15, 2012, another incident similar to the one that occurred on December 17 & 18, 2011, took place at the establishment, including numerous large fights that started inside the club and that spilled out into the parking lot. Within minutes of the crowd exiting the club, the fights escalated and a shooting occurred with a patron being shot in the leg in front of Kinder's restaurant. The Pleasanton Police Department had to provide 15 police officers at the club that night and call in backup assistance from Page 2 of 7