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
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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
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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
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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)