Not so fast, San Francisco Prop B (the approved measure requiring voter approval for projects exceeding height limits along the waterfront). The State Lands Commission has a legal bone to pick.
"The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on high-rise buildings along the city's waterfront, arguing that the lands belong to the state and are managed by the Port Commission, not the city and its voters," reports Bob Egelko.
A similar suit was filed in February by a developer-backed group hoping to remove Prop B from the ballot, but "Superior Court Judge Marla Miller allowed the vote to proceed, ruling in March that the developers had not clearly shown that Prop. B was invalid. She cited numerous past local ballot measures, some developer-sponsored, that sought to regulate San Francisco waterfront lands."
But the way the Lands Commission sees it, they transferred the waterfront land to the city back in 1968 with stipulations: "According to the Lands Commission suit, the shoreline consists of tidelands that California obtained as state property when it became a state in 1850. The state transferred the land to the city in a 1968 law that specified it would be managed by the autonomous Port Commission and not by city officials or voters, the suit said."
Read the full story: State Lands Commission files suit to overturn S.F.'s Prop. B
Trial Over San Francisco Waterfront Development Height Limits Begins
The State Lands Commission filed suit shortly after San Francisco voters approved Prop. B in June 2014, requiring waterfront developments exceeding height limits to obtain voter approval rather than go through the Planning Commission process.
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Voters might not want big changes along San Francisco's waterfront—but one powerful agent there, the Port of San Francisco, is examining new ways to do the business of building in the face of pressures from sea level rise and opposition politics.
San Francisco Waterfront Heights Lawsuit Moves Forward
The lawsuit would not restrict heights—just the opposite. Back in June, San Francisco voters overwhelmingly backed Proposition B to restrict building heights along the waterfront. The State Lands Commission sued.
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