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PC13-145 Conditions of Approval for Conditional Use Permit No. 2012-028 Ponderosa Bar & Grill – Eating establishment with alcohol sales and live entertainment. General Conditions 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2012-028 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2012-028, dated November 15, 2012. 2. Description. The use hereby permitted is to allow the use for live entertainment at the Ponderosa Bar & Grill located at 27126 Shadel Road. The restaurant is existing and the application for the Conditional Use Permit for live entertainment has been submitted to comply with City of Menifee Ordinance No. 2009-060. The restaurant/bar is requesting to provide live entertainment from 10:00 am to 2:00 am seven days per week. Hours of Operation: Monday-Sunday: 5:00 pm through 2:00 am 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") from any and all claims, actions, demands, and liabilities arising or alleged t o arise as the result of the applicant's performance or failure to perform under this conditional use permit or the City's and County's approval thereof, or from any proceedings against or brought against the City or County, or any agency or instrumentality thereof, or any of their officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an action by the City or County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Conditional Use Permit No. 2010-148. 4. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. Conditions of Approval Minor CUP No. 2012-028 Ponderosa Bar & Grill 2 of 4 5. Newly Incorporated City. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. 6. City of Menifee. On October 1st, 2008 the City of Menifee incorporated. At the time the City incorporated it was required to accept all the laws and ordinances of the County of Riverside. Over time the City will change these ordinances either by name or content. The applicant or successor in interest of this project will be subject to ordinances of the City of Menifee and not those of the County of Riverside that the City has jurisdiction over. Therefore, any condition of approval listed in this project that references a County of Riverside Ordinance, will in fact be subject to the equivalent City ordinance or subsequent ordinance introduced by the City. The applicant or their successor in interest by accepting these conditions also agrees to accept the equivalent City ordinance or subsequent ordinance introduced by the City. 7. Expiration. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. 8. Comply with Ordinances. The development of these premises shall comply with the standards of Menifee Municipal Code, Ordinance No. 348 and all other applicable ordinances and State and Federal codes, including but not limited to the following California Business and Professions Code sections and the California Department of Alcoholic Beverage Control rules. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. Conditions of Approval Minor CUP No. 2012-028 Ponderosa Bar & Grill 3 of 4 9. Building and Safety. Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment or continuation of the use. 10. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 11. Ceased Operations. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 12. New Ownership. The conditional use permit is valid for “Ponderosa Bar & Grill” and is non-transferable. Should the business be sold, the new owners must contact the Planning Department staff and apply for a new conditional use permit. 13. Business Licensing. Every person conducting a business within the City of Menifee shall obtain a business license as required by the Menifee Municipal Code. For more information regarding business registration, contact the City Clerk. 12. State of California Department of Alcoholic Beverage Control (ABC) License. The property owner or convenience store operator is responsible for obtaining the appropriate ABC license. Proof of such license shall be submitted to the City. 13. Alcohol Education. The owner and the management of the restaurant/bar shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. 14. Alcohol Warnings. The owner and the management of the restaurant/bar shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. 15. Alcohol Training. The owner and the management of the restaurant/bar shall provide adequate training for all employees at the location as to these matters. 16. Alcohol Sales by Employees. Employees selling beer, wine and other alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age. 17. Taxi Call Program. The establishment shall maintain a program of calling taxi cabs for patrons on request for the purpose of preventing driving while intoxicated and shall maintain this service. Signage offering this service shall be displayed behind the bar. 18. No Speakers. No speakers will be allowed outdoors, nor directed towards an open door or window. Conditions of Approval Minor CUP No. 2012-028 Ponderosa Bar & Grill 4 of 4 19. Indoors Only. The live entertainment shall be indoors only, no live entertainment will be allowed on the exterior patio. 20. Garbage and Litter. Outdoor areas shall be kept clean and free of debris, including but not limited to beer bottles or cans. 21. Security. If the City of Menifee Police Department and/or Code Enforcement Department receive reasonable complaints regarding the establishment, the City may require additional security to ensure the safety and security of both patrons and citizens. 22. Signage. All signage for the establishment shall comply with Ordinance No. 348, Section 19.4 “On-Site Advertising.” Only permanent signage affixed to the building or identification on the shopping center’s monument sign is allowed. Temporary signage (such as banners, flags or cardboard signs) is not allowed to be maintained within the site on a permanent basis and is only allowed on a temporary basis with approval of a temporary use permit. No signage shall be located within the public right-of-way. Failure to comply with the sign code shall constitute a code violation and shall be treated as such and could result in revocation of the conditional use permit. 23. Additional Review. Any expansion or intensification of the use will require review of the use permit. 24. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. FEES 14. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print)