HomeMy WebLinkAboutReso 02-24 86-86W COL for Bayside Landing and Suites (Gillen)RESOLUTION NO. 02-24
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING CONSENT OF LANDOWNER DOCUMENT
FOR PAUL E. GILLEN, DOING BUSINESS AS BAYSIDE LANDING AND SUITES,
TO REDEVELOP LEASE SITES 49/49W, 50-51/50W-51W AND 52152W LOCATED AT
431, 451 & 495 EMBARCADERO ROAD
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, Mr. Paul Gillen (Gillen) has submitted a proposal for the redevelopment of Lease
Sites 49/49W, 50-51/50W-51 W and 52/52W located at 431, 451 and 495 Embarcadero Road; and
WHEREAS, it is now appropriate for the City Council to grant Consent of Landowner approval
for Gillen to submit an application for Conditional Use Permit consideration and approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California,
as follows:
The attached Consent of Landowner agreement provides Gillen doing business as
Bayside Landing and Suites the permission and authority to submit their Lease Site
redevelopment plans for Conditional Use Permit approval by the City.
2. The City Manager is hereby authorized to execute said Consent of Landowner
agreement, subject to any minor or non -substantive review and revisions as to form by
the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on the 91 day of January 2024 on the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
1 DZ V� o t
CAR IXOM, Mayor
ATTEST:
d.«
NA S ANSON, City Clerk
City of Morro Bay
Tidelands Trust Grant Properties
Consent of Landowner Agreement Form
Consent For:
Redevelopment of Lease Sites 49-50-51-52/49W-50W-51 W-52W, located at
431, 451 & 495 Embarcadero Road, by Paul E. Gillen doing business as
Bayside Landing and Suites, as proposed to the City Council
On January 9, 2024.
Site Location: Lease Sites 49-50-51-52/49W-50W-51 W-52W
Lease Site Address: 431, 451 & 495 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
Applicants: Paul Gillen Telephone: 805-234-5055
Address: 495 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 January 9, 2024, 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 Submittal Estimated —February 2024
o Applicants must submit for CUP within 120 days after Design Review approval.
■ COL Approval Submittal Estimated — May 2024
o If Design Review is not required, then Applicants will submit a CUP application within
120 days after COL approval.
■ COL Approval Submittal Estimated — N/A
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.
01181.0024/911004.1 Page I 1
■ COUNCILApproval Submittal Estimated-TBD
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.
■ CCC Approval Submittal Estimated — TBD
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 - TBD
3. Long-term lease and Financing:
o Applicants shall execute Master Lease Agreement 90 days after Council approval of
the proposed project.
■ COUNCIL Approval Submittal Estimated- TBD
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.
COUNCIL Approval Submittal Estimated - TBD
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 - TBD
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— TBD
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
plan check.
PLAN CHECK DATE Submittal TBD
2. Applicants shall resubmit within 30 days after minor corrections.
PLAN CHECK DATE Submittal TBD
3. Applicants shall resubmit within 60 days after major corrections.
PLAN CHECK DATE Submittal TBD
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
01181.0024/911004.1 Page 12
may be amended, for example, eelgrass surveys are required prior to issuance of
building permits (see notes below).
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 — TBD
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 - TBD
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 1/3 01h 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.
Y"'"' x;�,Sd&
Yvonne Kimball, City Manager
Jan 10, 2024
Date
01181.0024/911004.1 Page 13