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Board says it lacks jurisdiction in Mission Bay TIDF dispute, upholding $6.36M fee
Summary
A three‑to‑two Board vote denied an appeal challenging a $6,363,522.21 transit impact development fee for a Mission Bay South office project, with the Board finding the successor agency (OCII) and project review limit this board’s jurisdiction.
The Board of Appeals on Jan. 27 denied an appeal challenging a transit impact development fee (TIDF) of $6,363,522.21 assessed in connection with a large office project in Mission Bay South.
Appellant counsel Jim Rubin argued the fee conflicted with the Mission Bay South redevelopment plan and related owner participation agreements and therefore should not apply; he urged the Board to find the TIDF was not an "existing, new, or increased" fee covered by the redevelopment plan. OCII general counsel Jim Morales and DBI/OCII representatives told the Board that the successor agency retained enforceable obligations from the redevelopment plan and that the agency’s land‑use determinations — including fee application and proration — fall outside the Board of Appeals’ limited jurisdiction over building‑code calculations.
Following deliberations about redevelopment‑plan preemption and the Board’s statutory remit, a motion to deny the appeal on jurisdictional grounds passed 3–2 (Ayes recorded by Commissioners Fung, Lazarus and Wilson; President Honda and Commissioner Swigg dissented). The board therefore upheld the fee report. The decision preserves the OCII/DBI fee assessment while leaving potential legal challenges to judicial review and administrative remedies noted in the record.
Why it matters: The fee amount is large (over $6 million) and affects the cost of major Mission Bay development projects; the Board’s jurisdictional ruling confines fee disputes to the successor agency and other fora rather than this appeals body.
