The State of California has filed suit against The City of San Francisco, seeking to block enforcement of Proposition B and invalidate the highly contested Waterfront Height Limit Right to Vote Act which was approved by voters last month.
Championed by the California State Lands Commission, the lawsuit was filed in San Francisco Superior Court and challenges the right of local initiatives to assert control over state property, including the property along San Francisco’s waterfront which is managed by the City’s Port Commission but remains in the public trust.
City Attorney Dennis Herrera said that he intends to aggressively defend against the lawsuit and uphold “San Francisco’s deliberative decision-making process” on waterfront land. “The State Lands Commission seems to have embraced the notion that any local initiative — and, by extension, any land use regulation approved by a Board of Supervisors or Planning Commission — affecting port property is barred by state law, and therefore invalid. That view represents a radical departure in law and practice from land use decision-making in San Francisco and elsewhere.”
As approved, Proposition B requires voter approval for any development which would exceed the existing height limits on property controlled by the Port of San Francisco, including Pier 7o and the Giants’ proposed Mission Rock development in Mission Bay.