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Home My WebLink About1993-04-06; City Council; 12152; APPEAL OF TRAFFIC IMPACT FEE PROPOSED BURGER KING-3 & \ Id a 5 rl bD Cd rrl $ 0 g V k 4-1 CJ !-I a c, .rl E s c;3 cnrl a, 00" dc4 a 2' wk cn dcd Cd h oa) bo- c, as ma aJ Uc) E rtCd a, O$ 5 4Cd 0 I=k c, Ha au a, oc, .rl d c,Q F 4rr) 2 2 3 U' Ma -d 2 2; g Ua) 0 om u [o\ 5 Ea) 3 oa, a, Pl- krn Jz E-Im 2: z \ 2 *a k m m' cnm 0 a 6 8 z 3 Cw OF CARLSBAD - AGEWA BILL 'vu & AB # /ai 15 2- TITLE: DEPT. MTG. Y-6-93 APPEAL OF TRAFFIC IMPACT FEE CITY I - ClTY 1 PROPOSED BURGER KING UEPT. ENG RECOMMENDED ACTION: By minute motion, deny the appeal and uphold the traffic generation rate for a fa: restaurant under construction on Avenida Encinas, north of Palomar Airport Road ITEM EXPLANATION: As part of a building permit application, a developer for Burger King was required a Traffic Impact Fee of $61,194. The developer feels that this fee is double w expected. Staff carefully reviewed his request, the fee requirement, and the I calculations for his project and found them reasonable. He is appealing on the gi that the basic traffic generation estimate for this use as contained in the code dc apply to his use. The Traffic Impact Fee is a standard condition of any new development in the City i amount of the fee is based on type of use and traffic generation. Table 18.42.020(~ Carlsbad Municipal Code says the trip generation for a fast food restaurant wit1 through is 700 trips per 1,000 square feet of building. The proposed Burger King i square feet giving a traffic generation of 1974 trips ends per day. Each car is tv ends (one in and one out). This rate was obtained from a study done by the Sar Association of Governments (SANDAG). Staff has verified this rate with SANDAG i obtained data from other jurisdictions, as shown below: SANDAG CALTRANS, District 4 Institute of Transportation Engineers 700 Trips per 1,000 Square Fe 906 Trips per 1,000 Square FE 632 Trips per 1,000 Square Fs From the above, the City's rate seems reasonable and staff does not recornme changes. Mr. Farrell, on behalf of Burger King, has presented data showing only 380 trips (see Exhibit 3). This is based on average sales, estimated number of dollars per s: a calculated number of transactions. His figures do not include delivery trips, rei maintenance trips, or other general trips such as mail delivery. The City's trip generation rate for fast food restaurants with a drive-through is a average rate for all restaurants based upon published data by SANDAG. It may for some and low for others, but developing a rate for each individual land use restaurant) is administratively costly and would require detailed traffic studies. It should be noted that the City's Traffic Impact Fee for commercial projects is ca based on trip rates of only 40% of the SANDAG published rate. This was compensate for a double counting of residential trips. The commercial reductic immediately apparent because it is shown in the fee per trip: Residential Commercial & Industrial $3l/trip. 1 0 I) Page 2 of Agenda Bill No. /h! 1 5s FISCAL IMPACT The full amount of the Traffic Impact Fee for Burger King ($61,194) has been PE lower traffic generation rate is used, the City would have to refund the differenc refund would be $28,000 if Mr. Farrell’s calculations are used. The traffic generation rates published by SANDAG and currently adopted were tt for developing a Capital Improvement Program of street and intersection widening I throughout the City. Any significant overall reduction in traffic generation rate: reduce future revenue and require a cut in these projects. EXHIBITS: 1. Letter dated February 9, 1992 from Mr. Brandon Farrell requesting appeal. 2. Memo dated December 7, 1992 from Traffic Engineer. 3. Letter dated November 25, 1992 from Mr. Brandon Farrell. ‘t e e dzy&- SCARBROUGH MANAGEMENT CORPORATION / A FRANCHISEE OF BURGER KING CORPORATION February 9, 1992 Carlsbad Town Council c/o City Clerk City o’f Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 RE: Traffic Impact Fee- Proposed Burger King Dear Council, This letter acts as an official request to appeal the ( Engineer‘s decision to impose the traffic generation : established by San Diego Association of Bay Area Government! the proposed Burger King to be located on Palomar Rd. Please inform us as to what the procedure is to appeal decision in a timely fashion. Thank You, P*-L--.p-q Brandon J. ar ell cc: Ray Patchett, City Manager El TELEPHONE: (510) 866-8424 F P 0. BOX 1547. SAN RAMON, CALIFORNIA 94583 I. DATE DESCRIPTION AMOUNT 02-09-93 PALOMAR $120.00 NE DISCOUNT $12 0 0 MEMORANDUM December 7, 1992 TO: ASSISTANT CITY ENGINEER FROM: Traffic Engineer BURGER KING - TRAFFIC IMPACT FEES I have reviewed the letters dated November 20, 1992 and November 25, 1992 prepared 1 Brandon Farrell. His letters attempt to justify a lower trip generation rate for a Burger Kii using the number of transactions per day rather than the rate published in the SANDP Vehicular Traffic Generation Rates for the San Diego Region. The SANDAG rate for a fast food restaurant with a drive-through window is 700 trip en per 1000 square feet of building area. Mr. Farrell is proposing that a rate of 379.71 trj per 1000 square feet be used for his Burger King franchise. As you know, and Withc elaborating extensively on generation rates, the traffic impact fees in Carlsbad we established using SANDAG trip generation criteria. It is not feasible or practical determine a different trip generation rate for each specific type of land use proposed j Carlsbad for the purposes of calculating the traffic impact fee. A typical way of determining the trip generation rate is to conduct a driveway count a particular site. Traffic volumes are usually collected over a one week period at several s? and an average trip generation rate is established for the specific land use based upon thc counts and engineering judgement. The SANDAG rate was determined in such a manner and has been used for a number years. I spoke with Kent Whitson at SANDAG about the 700 trips per 1000 square feet a he gave me the typical rates that were used to establish the current rate. One study o McDonald’s restaurant had a rate of 652 trips while a study in Caltrans District 4 establis1 a rate of 906 trips. The sites counted in that study had rates of 750 trips, 900 trips and 1,( trips, although the type of restaurant was not identified. The Institute of Transportat Engineers (ITE) uses a rate of 632 trips ends per IO00 square feet as average weekc vehicle rate for a fast food restaurant with drive-through window. From the above, the r utilized in Carlsbad is reasonable. In conclusion, the information provided by Mr. FarreU appears to show an unrealistically I trip generation rate. However, a challenge of the SANDAG rates used in the TIF rep for each site specific land use also is not realistic. No one land use site at any location 1 result in the exact trip generation rate that should be used at another remote site. Her to be consistent and fair to all the SANDAG rates are used. EXHlBl 0 0 e Assistant City Engineer Burger King - Traffic Impact Fees December 7, 1992 Page: It is my recommendation that we continue to utilize SANDAG rates when calculating tf traffic impact fee. I further recommend that we not attempt to determine a trip generatic rate for one business simply because they complain and try to justify a lower rate. It wou be appropriate, however, for us to initiate a study of trip generation rates for a particul; land use category if we were getting many complaints from those types of land uses aboi the SANDAG rate or if we believed the SANDAG rate for a particular land use catego to be in error or unrealistic for use in Carlsbad. piLtTpm( ROBERT T. JOHNSON, JR., P.E. Traffic Engineer RTJ:rz c: Community Development Director City Engineer I 0 0 a. -, . . WILLIAM AH0 PATMCU SWRBRouon I A FWCnlSEE OF gURGEB KING CORPORATION VIA FAX- 619-726-9461 Novembes 25, 1992 Ray Patchett, City Manager City of Carf8bad Carlsbad, CA 92008 RE: Traffic Estimates, Burger King Dear my, taurants, The following page is an estimate ba8ed an 5 exis restaurants in comparable locatfans(freeway sites). The est tion is based upan number of transactions per day. In regard to the drive-thru, this is a very accurate c on the actual number of cars. Rarely do we get more than transaction per car. Regarding the number of counter trar tions, we feel that this number reflects a "high traffic cc since it would assume that every transaction would count as car. Often one car would account for more than one transactir The estimation provided to you is a generous number since il sums all transactions are provided by One vehichle. 1200 CitrlSbad Village Drl Per your request, traffic estimates based on existing Another methad of determining ADT estimates: Based upon $837,000.00 annual sales. This number reflect average of our Southern California Burger King etores. Thc store at Carlsbad may do more or less than this figure. $ 837,000,001 annual sales 4.25 check average = 196,941 x 2 trips each = 393,882 393,082/ 365 days = 1,079.13 trips per day 1079,13/ trips per day = 359.71 ADT avq. sq. ft. EXHl 3.000 P.O. BOX 1547, SIN RILy]N. Cmfi 955%1 m (510) m FAX: (510) 866-84- I00 ' 39Wd &I:Il 2-61 $ 0 0 Ray Patchett November 25, 1992 Page Two + 20.00 employee trips = 379.71 ADT Based upan your method of calcuAating traffic mitigat fee$, our amount owed(based on the second calculation) would b 379.71/1000 sq.ft. x 2820 ft = 1,070.78 ADT's 1070-78 x Jl(fee/ADT) = $33,194.00 Again, this n-r would be a high estimation because it assu all transactions qual one car4 This would not take into acca walk-in customers and lunch-time carpoolers. Please review these calculations to determine their accur and validity, We wish to be fair about the traffic mitigation and hope that the City of Carlsbad feels the same way. Sincerely, mandon Farrell, Project Manager cc: John Macaluso 200 ' 39Ud V1:II 26s 1 May 12, 1993 Brandon Farrell, Project Manager SCARBROUGH MANAGEMENT CORPORATION P.O. Box 1547 San Ramon, CA 94583 APPEAL OF TRA.FFIC IMPACT FEE FOR BURGER KING I have received your letter requesting a delay in the scheduled May 18, 1993 appeal tc City Council. I have checked with the City Manager’s Office for the next available age May 25 is full and, due to the fact that there will be no Council meetings June 1 or 8. next available date will be in July. Council meetings are normally held the first four Tuesdays of each month at 600 Please send me a letter advising what date in July (6, 13, 20, 27) you prefer. It ma advisable to also pick a second choice. RICHARD H. ALLEN, JR., P.E. Principal Civil Engineer RMjb c: City Manager City Clerk City Engineer Assistant City Engineer Traffic Engineer i H:\LIBRARY\ENG\UPDATA\ALLEN\FARRELLZ.LTR 2075 Las Palmas Dr. - Carisbad, CA 92009-1576 * (619) 438-7761 = FA): (6;9j 22s- 0 0 City of Carlsba( FAX TRANSMITTAL I DATE: * 5- I 0 e 7 3 NUMBER OF PAGES BEING TRANSMIITED- (INCLUDING FAX TRANSMITTAL) TIME SENT: TO: WRI L)/ fv FROM: RICHARD ALC€N COMPANY OR DEPARTMENT: DEPT: ENGINEERIM~ CITY NAMMEL PHONE #: PHONE #:J6191 438-1161 EX% FAX #: 720 -74-61 FAX #: (6191 438-0894 -----I - ----------------------------------------------------------. SPECIAL INSTRUCTIONS: 7i-E )4Ppuc&d7- WWEJ 7Zo DEW THE- ffpp 7Wmc (4PP CT F&& flp BO RGt% WAE 7 wow YO0 yp cty=---m LrIir?i-mc ( mE rvEv MT6. f L€m AT->. MA.MGR m 5x55- IF TH-E fl A'f 2C-Ck t%6EflDP I$ O.%, AUD CET AE MOW? c'. c(7y CCErZK 2075 Las Palmas Drive Cartsbad. Caiifornta 920094859 (679) 438- 0 a L- __ - * -- - . - - .-_ - '.a -. WttLlAM AND PATRICIA SCARBROuGH I A FRANCHrbE OF BURGER flNG CORWRATLON VIA PAX - 619-438-0894 TO: RICHARD ALLEN CITY OF CARLSBAD FROM: Brandon Farrell DATE: 5-10-93 Dear Richard, Currently, our appeal of the Traffic Impact Fee for Bi King on Ave, Encinas is'scheduled for Tuesday, May 18th. We not be able to attend this meeting. Please check with the clerk to see if we can reschedule our appeal for the next ing . I am aware that the City of Carlshad is anxious to re this situation, Please note that Newport Restaurant Groi equally anxious to see this matter resolved. Please call to inform me of any changes ta the schedule Thank You, - - __ - _. - ___. -..* nl..., I-." ,.-*ad u.. ".M a m I. 1200 ELM AVENUE TELEPt CARLSBAD, CALIFORNIA 92008 (619) 43L Office of the City Clerk a@J of anrl&bnb DATE : Feb. 11, 1993 TO : City Engineer FROM : Assistant City Clerk RE : TRAFFIC IMPACT FEE FOR PROPOSED BURGER KING THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. ............................................................................ The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date CITY OF CARLSBAD 1200 CARLSBAu VILLAGE DRIVE CARLSBAD, LALIFORNIA 92008 438-5621 ,.. ACCOUNT NO. DESCRl PTlON - - - - - ___ - - - - - - - - - . - _- - - - __ - - 0 Jm”3& 0 $j& >, .- SCARBROUGH MANAGEMENT CORPORATION /A FRANCHISEE OF BURGER KING CORPORATION February 5, 1952 Carlsbad Town Council c/o City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 RE: Traffic Impact Fee- Proposed Burger King Dear Council, This letter acts as an official request to appeal the ( Engineer’s decision to impose the traffic generation : established by San Diego Association of Bay Area Government! the proposed Burger King to be located on Palomar Rd. Please inform us as to what the procedure is to appeal decision in a timely fashion. Thank You, cc: Ray Patchett, City Manager P.O. BOX 1547, SAN RAMON, CALIFORNIA 94583 TELEPHONE: (510) 866-6424 Fd , - January 29,1993 Mr. Brandon J. Farrell P.O. Box 1547 San Ramon, CA 94583 Dear Mr. Farrell: I am responding to your recent letter to the City Council regarding the Traffic Impact Fee for proposed Burger King in Carlsbad. Engineering staff have investigated your concern that the is based on an overly high traffic generation rate established by the San Diego Associatioi Governments (SANDAG). After considerable review of the background studies used to establish SANDAG rate, staff finds the 700 average daily trip rate for drive through restaurants tc reasonable. It is my understanding that you have received correspondence from the Engineering Departn which more fully explains how the rate was established. If you still believe the fee calculatic based on an overly high trip generation rate after reviewing that correspondence, you may ap the City Engineeis decision to impose that rate on the proposed Burger King by submitting a lt to the City Clerk stating the basis of your appeal. A check for $120 must also be included 7 your request for appeal. I hope the above information helps to clarify staffs position as it relates to the calculation oj fee and the appeal process available to you. Sincerely, a RAYMOND R PATCHETI' City Manager c: City Council Community Development Director City Engineer 7 200 Carisbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-: Y e e June 7, 1993 TO: CITY MANAGER FROM: Principal Civil Engineer APPEAL OF TRAFFIC IMPACT FEE - BURGER KING Mr. Brandon Farrell, representing Burger King, has requested that this item rescheduled to July 13, 1993. If that date is not available, it will be moved to July 6, 191 W& RICHARD H. ALLEN, JR., P.E. Principal Civil Engineer RHA:jb c: City Clerk City Engineer Assistant City Engineer H:\LIBRARYIENG\WPDATA\ALLEtWITYMGR.MEM 8 .- June 29,1993 Brandon J. Farrell SCARBOROUGH MANAGEMENT CORPORATION P.O. Box 1547 San Ramon, CA 94583 APPEAL OF TRAFFIC IMPACT FEE - BURGER KING You have requested that the appeal of this fee be scheduled on the July 13, 1993 City COL agenda. Since the time of your request, the property has been sold to In-N-Out Bur Therefore, the item has been withdrawn from the City Council agenda. Should In-N-Out Burger protest the Traffic Impact Fee, they may apply for an appeal. A refund of your appeal fee of $120, is being processed and will be mailed to you within weeks. RICHARD H. ALLEN, JR., P.E. Principal Civil Engineer RHA:jb c: City Manager City Clerk City Engineer Assistant City Engineer a H: \LIBRARY\ENG\UPDATA\LLEN\FARRELZ. LTR 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 * FAX (61 9) 438-C