BIA Bay Area action in the City of Mountain View has successfully challenged City and School District attempts to subvert SB50 and illegally charge millions of dollars in school fees in exchange for project entitlements. Mountain View’s “Citywide School Strategy” emerged in 2019 with a new school facility mitigation fee as centerpiece of the policy. However, BIA educated the City that State law has preempted the field of school facilities mitigation measures; cities are prohibited from denying housing projects based upon a refusal to provide school facilities mitigation measures beyond that authorized by statute. While it may be difficult to quantify the full economic power of this policy win, a School District letter to the City gives a clue to the financial impact by comparing two big projects with recent entitlement approvals. A project approved before BIA intervention agreed to pay $19k per unit while another project approved after BIA involvement agreed to pay $9k per unit. To read the 6.23.20 Staff Report click HERE. To read the 6.9.20 School District letter click HERE. To read the May 1, 2020 BIA letter click HERE.
