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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. o� Is�.00zai9l iooa.l Page ( 1 ■ 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). oiisi.00zai9ilooa.l Page � 2 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 ottat.00aai9ttooa.t Page � 3