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ATTACHMENT 1 <br /> RESOLUTION NO. <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON <br /> DENYING THE APPEAL THEREBY UPHOLDING THE PLANNING COMMISSION <br /> APPROVAL OF THE MODIFIED CONDITIONS OF APPROVAL FOR CLUB NEO (UP- <br /> 90-43/PCUP-273). <br /> WHEREAS, the City of Pleasanton initiated the review and consideration of <br /> possible modification to, or revocation of, an approved Conditional Use Permit for Club <br /> NEO at 4825 Hopyard Avenue. <br /> WHEREAS, zoning for the property is PUD-I/C-O (Planned Unit Development- <br /> Industrial/Commercial — Office) District; and <br /> WHEREAS, modifications to existing use permits are categorically exempt from <br /> the requirements of the California Environmental Quality Act (CEQA); and <br /> WHEREAS, at its duly noticed public hearing on February 8, 2012, the Planning <br /> Commission, after having considered all public testimony, relevant exhibits, and <br /> recommendations of City staff concerning this matter, determined that the Conditions of <br /> Approval for the nightclub's conditional use permit needed to be modified based on <br /> incidents that occurred at the nightclub on December 17/18, 2011 and January 14/15, <br /> 2012 which included large crowds of patrons fighting and a patron being shot, and various <br /> other illegal activities that required one hundred percent of the Pleasanton Police <br /> Department's resources as well as back up law enforcement from other agencies. <br /> WHEREAS, within the time specified by the Pleasanton Municipal Code, George <br /> Mull, the attorney for the operator, submitted an appeal of the decision of the Planning <br /> Commission contesting modification to the condition of approval decreasing the <br /> patronage to 300 (not including nightclub staff); and <br /> WHEREAS, at its meeting of April 3, 2012, the City Council received a report <br /> from the Director of Community Development, together with a copy of the staff report to <br /> the Planning Commission, regarding this matter; and <br /> WHEREAS, the City Council held a noticed public hearing on April 3, 2012, at <br /> which time the appellant and any other members of the public were offered an <br /> opportunity to present evidence regarding this appeal; and <br /> WHEREAS, after testimony at the public hearing and a review of the materials <br /> presented, the City Council determined that a modified conditional use permit is <br /> appropriate for the site and is consistent with the zoning regulations for the zoning <br /> district of the property. <br /> 1 <br />