Pismo Beach Self-Storage v. City of Pismo Beach CA2/6

FACTS

Pismo Beach Self Storage, LP (PBSS) owns a 6.4 acre parcel of land within the City of Pismo Beach (City). The parcel originally had a 15,000-square-foot self-storage building. PBSS demolished the original building and presented plans to the City for a mixed use development in three phases. The first phase includes a 109,509-square-foot self-storage facility. A dispute arose between PBSS and the City over the amount of development impact fees the City had estimated for the self- storage facility. Maximus, Inc. (Maximus) study In 2004 the City adopted a fee schedule based on a study by Maximus. The study estimated impact fees for residential, mobile homes, hotels, recreational vehicle (RV) parks, retail and office uses. It did not consider self-storage or light industrial uses. Revenue and Cost Specialists, LLC (RCS) study PBSS requested that the City conduct a study specifically for self-storage uses. PBSS agreed to pay for the study and the City could choose the contractor. The City agreed. The City retained RCS for the purpose of conducting an impact fee study for self-storage and light industrial uses. The study noted that the City had been applying the office and retail…