HomeMy WebLinkAboutReso 28-23 86-86W Libertine COL extensionRESOLUTION NO. 28-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING CONSENT OF LANDOWNER DOCUMENT
FOR CALIFORNIA COASTAL INVESTMENTS, LLC,
DOING BUSINESS AS LIBERTINE BREWING COMPANY,
TO REDEVELOP LEASE SITE 86/86W
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay (City) is the lessor of certain properties on the Morro Bay
Waterfront described as City Tidelands leases and properties; and
WHEREAS, Libertine Brewing Company, Inc. (Eric Newton, principal) is the current interim
master leaseholder at Lease Site 86/86W; and
WHEREAS, under the Libertine Brewing Company interim lease, Mr. Newton is required to
submit for City's consideration an acceptable redevelopment plan for the lease site; and
WHEREAS, Mr. Newton has submitted the redevelopment plan and had it considered on
February 1, 2022, by the Planning Commission for Conceptual Review input; and
WHEREAS, the primary elements of the Planning Commission's Conceptual Review input have
been incorporated into the revised redevelopment plans submitted by Mr. Newton; and
WHEREAS, on May 24, 2022, City Council granted Consent of Landowner approval for Newton
to submit his revised plans for Conditional Use Permit consideration and approval; and
WHEREAS, Mr. Newton was unable to obtain Concept Plan approval from the Planning
Commission and City Council on or before April 30, 2023, at 4:00 p.m. as required by the approved
Consent of Landowner, and
WHEREAS, City and Mr. Newton have negotiated a six-month extension of the Consent of
Landowner with a cost recovery fee of $1,680 charged for staff time allocated to preparing a Consent
of Landowner extension with daily penalty of $100/day for any daily delays past the programmed
deadlines, and
WHEREAS, Mr. Newton intends to have a proposed lease for the site held and operated by
California Coastal Investments, LLC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California,
as follows:
1. The attached Consent of Landowner agreement provides California Coastal
Investments, LLC the permission and authority to submit their Lease Site 86/86W
redevelopment plans for Conditional Use Permit approval by City.
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2. The Interim City Manager is hereby authorized to execute the Consent of Landowner
agreement.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 9" day of May 2023 on the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSED:
None
Carla Wixom, Mayor
ATTEST:
DIM Swaneon, City Clerk
City of Morro Bay
Tidelands Trust Grant Properties
Revised and Restated Consent of Landowner Agreement Form
Consent For:
Redevelopment of Lease Site 86186W, 801 Embarcadero Road,
by California Coastal Investments, LLC, doing business as
Libertine Brewing Company, as proposed to the City Council
on May 9, 2023.
Site Location: Lease Site 86/86W, 801 Embarcadero, Morro Bay, CA 93442
Property Owner: City of Morro Bay Telephone: 805-772-6254
Address: 595 Harbor St. City: Morro Bay State: CA Zip: 93442
Applicant: California Coastal Investments, LLC Telephone: 805-541-1876
Address: 2436 Broad St. City: San Luis Obispo State: CA Zip:�93401
I, as representative of the City of Morro Bay, the owner of record of the trust interest in the above noted
land for which an application for a Conditional Use Permit is being requested by the Applicant, do certify
Consent of Landowner (this COL) is given for the preliminary site plans presented to the City Council on
May 24, 2022, and to be submitted to the City of Morro Bay Community Development Department for
processing in accordance with the following timelines:
1. This COL is a complete revision and restatement of the COL approved by the City Council on
May 24,2022, and shall supersede that previous COL.
2. Within 5 business day after the approval of the COL, the Applicant shall pay the City $1,680 as
compensation for the City Council approving this COL or this COL shall terminate
3. The Applicant has filed a complete application for a Conditional Use Permit for the project as -
proposed, per the City Planned Development Overlay Zone and Concept Plan Submittal
Requirements, with the Community Development Department.
4. The Applicant must obtain Concept Plan approval from the Planning Commission and City
Council on or before October 312023 at 4:00 p.m. or the City Council can deem this COL to be
expired with 10-days' written notice to the Applicant or the City will impose a penalty of $100 for
each day, or portion thereof, that milestone was not met.
5. Prior to City approving any long-term lease, the Applicant must do all of the following:
a. obtain evidence of available financing for completion of the project, acceptable to the
Finance Director and City Attorney. Such evidence could include letters of interest or
commitment from accredited financiers, or proof of sufficient cash reserves committed to
fund the proposed project, on or before December 31, 2023 at 4:00 p.m. or the City
Council can deem this COL to be expired with 10-days' written notice to the Applicant or
the City will impose a penalty of $100 for each day, or portion thereof, that milestone was
01181.0024/871110.4
not met;
b. submit a professionally -prepared business plan for the proposed redevelopment that
includes industry -standard elements expected of such a plan on or before December 31,
2023 at 4:00 p.m. or the City Council can deem this COL to be expired with 10-days'
written notice to the Applicant or the City will impose a penally of $100 for each day, or
portion thereof, that milestone was. not met; and
c. submit a professionally -prepared marketing plan for the proposed redevelopment that
includes industry -standard elements expected of such a plan on or before December 31,
2023 at 4:00 p.m. or the City Council can deem this COL to be expired with 10-days'
written notice to the Applicant or the City will impose a penalty of $100 for each day, or
portion thereof, that milestone was not met.
6. The Applicant, after obtaining Concept Plan approval by the Planning Commission and City
Council, shall negotiate in good faith for a new lease on the lease site, and shall have until
December 31 , 2023 to do so, or the City Council can deem this COL to be expired with 10-days'
written notice to the Applicant or the City will impose a penalty of $100 for each day, or portion
thereof, that milestone was not met.
7. Once the new lease is effective, the Applicant shall secure financing for the proposed project as
evidenced by a Deed of Trust approved by the City Council on or before 120 days after the lease's
effective date.
The following conditions and deadlines shall be incorporated into the new lease agreement, unless
negotiated otherwise in said agreement:
8. The Applicant must file a complete application for a Coastal Development Permit from the Coastal
Commission, and any other necessary agency permits, for the approved Concept Plan for the
project on or before December 1, 2023 at 4:00 p.m.
9. The Applicant must obtain a Coastal Development Permit and other permits on or before June 30,
2024 at 4:00 p.m.
10. The Applicant must file a complete application for Precise Plan by the Planning Commission and
City Council approval for the project by September 30, 2024 at 4:00 p.m.
11. The Applicant must obtain Precise Plan approval from the Planning Commission and City Council
for the project on or before January 31, 2025 at 4:00 p.m.
12. The Applicant must file for Building Plan approval by the Building Department for the project on
or before April 30, 2025, at 4:00 p.m.
13. The Applicant must obtain Building Plan approval on or before July 31, 2025 at 4:00 p.m.
14. The Applicant must commence construction for the approved project on or before October 30,
2025 at 4:00 p.m. "Commence construction" shall mean when the Applicant has spent a minimum
of $100,000 on hard construction costs.
15. The Applicant must complete construction for the approved project on or before October 30, 2026,
as evidenced by a Certificate of Occupancy issued by the City.
01181.0024/871110.4
If, due to any reason within or outside the control of Applicant, as reasonably determined by the City
Manager, then one or more extensions to any or all of these compliance dates may be granted by the City
Council in its sole discretion.
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Greg Carpe*er, Interj(n City Manager Date
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