The State’s legal challenge of San Francisco’s Proposition B, the voter-approved “No Wall on the Waterfront” measure which maintains existing height limits for waterfront property under the control of the Port of San Francisco unless a project specific up-zoning is approved in a public vote, has survived the City’s motion for an outright dismissal.
While San Francisco Superior Court judge Suzanne Bolanos did dismiss one of the State’s central claims, she left the door open for the lawsuit to proceed and argue the economic harm of the measure.
From San Francisco City Attorney Dennis Herrera:
I am pleased that the court dismissed the State’s claim that Proposition B conflicts with the City’s Charter and held that Proposition B on its face is consistent with the Burton Act. This ruling upholds the power of San Francisco and its voters over building heights on the City’s waterfront, and is in keeping with over 45 years of land use regulation in San Francisco. The City Attorney’s Office is prepared to respond to the court’s request to address the actual impact of Proposition B and to show that the State cannot demonstrate that Proposition B currently so burdens the Port as to be preempted by state law. Indeed, the voters’ approval last November of the height increase for Pier 70 demonstrates that Proposition B is valid on its face.
The next hearing on the matter is expected to occur in May.