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HomeMy WebLinkAboutReso 48-22 86-86W Libertine COLRESOLUTION NO. 48-22 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 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 the 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, it is now appropriate for the City Council to grant Consent of Landowner approval for Newton to submit his revised plans for Conditional Use Permit consideration and approval; 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 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 24th day of May, 2022 on the following vote: AYES: Headding, Addis, Barton, Ford, Heller NOES: None ABSENT: None John H r ATTES Dana bvkanson, City Clerk City of Morro Bay Tidelands Trust Grant Properties Consent of Landowner Agreement Form Consent For: Redevelopment of Lease Site 86/86W, 801 Embarcadero Road, by California Coastal Investments, LLC, doing business as Libertine Brewing Company, as proposed to the City Council on May 24, 2022, and negotiation of new lease. Site Location: Lease Site 86/86W, 801 Embarcadero, Morro Bay, CA 93442 Property Owner: City of Morro BE 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:J93401 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 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. The Applicant must file 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 by August 31, 2022 at 4:00 p.m. or this Consent of Landowner Agreement will expire on September 1, 2022. 2. The Applicant must obtain Concept Plan approval from the Planning Commission and City Council on or before April 30, 2023 at 4:00 p.m. or this Consent of Landowner Agreement will expire on May 1, 2023. 3. 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 June 30, 2023 at 4:00 p.m. or this Consent of Landowner Agreement will expire on July 1, 2023; b. submit a professionally -prepared business plan for the proposed redevelopment that includes industry -standard elements expected of such a plan on or before June 30, 2023 at 4:00 p.m. or this Consent of Landowner Agreement will expire on July 1, 2023; 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 June 30, 2023 at 01181.000in98542.1 4:00 p.m. or this Consent of Landowner Agreement will expire on July 1, 2023. 4. 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 June 30, 2023 to do so, or this Consent of Landowner will expire on July 1, 2023. 5. 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: 6. 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 July 31, 2023 at 4:00 p.m. 7. The Applicant must obtain a Coastal Development Permit and other permits on or before December 31, 2023 at 4:00 p.m. 8. The Applicant must file a complete application for Precise Plan by the Planning Commission and City Council approval for the project by March 31, 2024 at 4:00 p.m. 9. The Applicant must obtain Precise Plan approval from the Planning Commission and City Council for the project on or before July 31, 2024 at 4:00 p.m. 10. The Applicant must file for Building Plan approval by the Building Department for the project on or before October 31, 2024, at 4:00 p.m. 11. The Applicant must obtain Building Plan approval on or before January 31, 2025 at 4:00 p.m. 12. The Applicant must commence construction for the approved project on or before April 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. 13. The Applicant must complete construction for the approved project on or before April 30, 2026, as evidenced by a Certificate of Occupancy issued by the City. If, due to any reason within or outside the control of Applicant, as reasonably determined by the City Manager, one or more extensions to any or all of these compliance dates may be granted by the City Council in its sole discretion. 174, Z:z Scott Co11in�YGity Manager Date 01181.0001/798542.1