HomeMy WebLinkAboutReso 59-23 62-62W MBPSRESOLUTION NO. 59-23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING CONSENT OF LANDOWNER DOCUMENT
FOR TODD AND TAMARA BASTON,
DOING BUSINESS AS MORRO BAY PADDLE SPORTS,
TO REDEVELOP LEASE SITE 62/62W
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is the lessor of certain properties on the Morro Bay Waterfront
described as City Tidelands leases and properties; and
WHEREAS, Todd and Tamara Baston are the current interim master leaseholder at Lease Site
62/62W; and
WHEREAS, Under the interim lease, Todd and Tamara Baston are required to submit for the
City's consideration an acceptable redevelopment plan for the lease site; and
WHEREAS, Todd and Tamara Baston have submitted their preliminary site plans for
redevelopment and had it was considered on May 23, 2023, by the City Council for input; and
WHEREAS, Todd and Tamara Baston will now be going forward submit the preliminary site
plans for redevelopment to the City of Morro Bay Community Development Department for processing
in accordance with the timeline stated in the Consent of Landowner document; and
WHEREAS, Todd and Tamara Baston intend to have a proposed lease for the site held and
operated by December of 2024.
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 Todd and Tamara Baston the
permission and authority to submit their Lease Site 62/62W redevelopment plans for
Conditional Use Permit approval by the City.
2. The City Manager is hereby authorized to execute said 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 121" day of September 2023 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
RECUSE
Wixom, Barton, Edwards, Ford, Landrum
None
None
None
None
CarIA-Wixom, Mayor
ST:
Swanson, City Clerk
City of Morro Bay
Tidelands Trust Grant Properties
Consent of Landowner Agreement Form
Consent For:
Redevelopment of Lease Site 62/62W, 551 Embarcadero Road,
by Todd and Tamara Baston, doing business as
Morro Bay Paddle Sports, as proposed to the City Council
On September 12, 2023.
Site Location: Lease Site 62/62W, 551 Embarcadero, Morro Bav, CA 93442
Property Owner: City of Mono Bay Telephone: 805-772-6254
Address: 595 Harbor St. City: Morro Bay State: CA Zip: 93442
Applicants: Todd and Tamara Baston Telephone: 805-772-3911
Address: 561 Embarcadero City: Morro Bay State: CA Zip: _93442
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 ( COL) is given as approved by the City Council on September 12, 2023,
and with application to be submitted to the City of Morro Bay Community Development Department
for processing in accordance with the following timelines:
1. Obtain a Conditional Use Permit (CUP) from the City:
o Applicants must submit for Design Review within 30 days after COL approval.
■ COL Approval 9/12/23 Submittal Estimated -October 2023
o Applicants must submit for CUP within 60 days after Design Review approval.
■ COL Approval 9/12/23 Submittal Estimated - January 2024
o If Design Review is not required, then Applicants will submit a CUP application within
60 days after COL approval.
■ COL Approval 9/12/23 Submittal Estimated - November 2023
o The City will schedule a City Council hearing for review and approval of the project within
a reasonable time based upon agenda time and noticing requirements.
2. Other agency permits and approvals:
o Applicants shall submit to the California Coastal Commission (CCC) for a Coastal
Development Permit (CDP) within 45 days after City Council approval of the proposed
project.
■ COUNCILApproval Submittal Estimated-November,2024
o Applicants shall submit to the Army Corps of Engineers for the appropriate Permit within
15 days after CCC approval of the proposed project or before as warranted.
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■ CCC Approval Submittal Estimated — May 2025
o Applicants shall submit to the Regional Water Quality Control Board (RWQCB) for the
appropriate Permit within 15 days after CCC approval of the proposed project or before
as warranted.
■ CCC Approval Submittal Estimated -May 2025
3. Long-term lease and Financing:
o Applicants shall execute Master Lease Agreement 90 days after Council approval of
the proposed project.
■ COUNCILApproval Submittal Estimated -December 2024
o Applicants shall secure financing within 180 days after Council approval of the
proposed project.
i. Obtain evidence of available financing, acceptable to the Finance
Director and City Attorney
ii. Submit a professionally prepared business plan.
iii. Submit a professionally prepared marketing plan.
COUNCILApproval Submittal Estimated - March 2025
4. Return to City for project modifications by CCC or other agencies:
o Applicants shall submit to the City for any project amendments within 30 days after
CCC modification. This timeline may be amended if required by the other agencies for
permit processing time.
■ CCC Mod. Submittal Estimated - June 2025
5. Obtain a building permit from the City:
o Applicants shall submit to the City for a building permit within 120 days after all agency
approvals are complete.
■ AGENCY Approvals Submittal Estimated —January 2026
o Applicants shall resubmit for building plan check comments on the following time
schedule:
1. Applicants shall resubmit within 90 days after the first City complete
pIan check.
PLAN CHECK DATE Submittal
2. Applicants shall resubmit within 30 days after minor corrections.
PLAN CHECK DATE Submittal
3. Applicants shall resubmit within 60 days after major corrections.
PLAN CHECK DATE Submittal
o The City shall issue a building permit within a reasonable time after all plan check
comments have been satisfactorily corrected/completed by Applicants. This timeline
may be amended, for example, eelgrass surveys are required prior to issuance of
building permits (see notes below).
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6. Construction commencement dates:
o Applicants shall commence construction within 120 days after a building permit has
been issued. "Commence construction" shall mean when Applicants have spent a
minimum of $50,000 on hard construction costs.
■ BLDG PMT Issued Start Date Estimated — May 2026
o The following are allowable construction commencement delays and timing shall be
coordinated with the City but in any case, no more than 12 months after issuance of
building permit:
Pre -con eelgrass surveys:
1. To be no more than 30 to 60 days before start of construction.
2. Survey to be performed during the eelgrass growing season — April 1 to
October 31. Unless otherwise approved by the appropriate agencies.
7. Construction completion:
o The Applicants must complete construction for the approved project within 450 days after
construction commencement, as evidenced by a Certificate of Occupancy (C.O.) issued by
the City.
■ Const. Com. C.O. Date Estimated - August 2027
Applicants must meet the specified dates, or the City Council can deem this COL to be expired with
10-days' written notice to Applicants or impose a penalty of 1/30' the base rent for each day, or portion
thereof, that milestone was not met.
If, due to any reason outside the control of Applicants, as reasonably determined by the Harbor Director,
any of the above compliance dates is not met, then one or more extensions to any of those compliance
dates may be granted without penalty by the City Council in its sole discretion.
Yvonne Kimball, City Manager
Date
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