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DISCUSSION The Pleasanton Police Department has provided an overview of activity at the nightclub from October 1, 2011 through the weekend of March 17, 2012. (See Attachment 4). The Overview provided by PPD, demonstrates that the nightclub and its security were unable to handle the very large crowds on December 17/18 and then again on January 14/15. Moreover, the fights and shooting from January 14/15 occurred after the City had met with the nightclub owner (and her security head) and discussed what steps the club could take to prevent an incident from occurring like the one in December. Although the club was given warning and an opportunity to take steps following the December incidents, it is clear that the nightclub is incapable of handling large size crowds. For this reason, the Chief of Police recommended that the Planning Commission modify the conditions of approval to reduce the patronage to 300. The Commission agreed with the Police Chief and approved a patron limit of 300 but also voted to have staff reschedule a hearing for the Commission to consider increasing the patron number if there were no incidents for the next 30 days, the club complied with its conditions of approval, and the Chief of Police and the Community Development Director could support an increase in numbers. Because the applicant appealed the Planning Commission's decision, this item was required to go to the City Council for consideration. As a result of the appeal, staff could not consider scheduling a hearing for the Planning Commission to consider increasing the number of patrons. Staff continues to support a condition that limits the patrons to a number considerably lower than what was approved originally, i.e., below the 814 occupancy for patrons and employees combined. As shown in Attachment 4 (PPD's Overview of club activity), there have been no significant incidents at the nightclub in recent weeks that have required extraordinary police presence or involvement. The Chief of Police and planning staff believe that the reason for this is that the nightclub attendance levels have been significantly lower than the nights when the fighting and other criminal activity occurred (Dec 17/18 and Jan 14/15). In recent weeks, the Friday night patronage has been around 100 patrons (or the club has chosen to close several Friday nights) and on Saturday night, patronage has been around 150 patrons. (The Planning Commission's modification of the condition to limit the club's patrons to 300 persons never went into effect as the applicant appealed the decision, thus, the decline in patronage is unrelated to the Planning Commission's decision.) PUBLIC NOTICE Notices regarding this appeal and related public hearing were mailed to the surrounding property owners and tenants within a 1,000-foot radius of the project site. At the time this report was prepared staff has not received any additional comments or concerns. Staff has provided the noticing map as Exhibit M for the Council's reference. Hacienda Business Park The Hacienda Business Park Association has not provided any additional comments in regards to the Planning Commission's modified Conditions of Approval. However, the Association has previously stated that the modifications of the Conditions of Approval for the Conditional Use Permit as proposed and approved are, in its opinion, consistent Page 5 of 7