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.
As noted here on June 4, 2014 after Proposition B passed with more than 59 percent of the vote, "(t)he measure will require voter approval for any new building on Port of San Francisco property to exceed existing height limits, which typically range from 40 to 80 feet but can be as low as zero and as high as 105 feet."
The following month, the (California) State Lands Commission sued to overturn the citizens' initiative, "arguing that the lands belong to the state and are managed by the Port Commission, not the city and its voters," as we then noted.
"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."
On Wednesday, March 25, San Francisco Superior Court Judge Suzanne Bolanos denied the city’s request that the lawsuit be thrown out," writes J.K. Dineen, San Francisco Chronicle Metro reporter. "Bolanos did dismiss one of the state’s claims, but allowed portions of the lawsuit to proceed." However, the height restrictions remain in effect while the case goes forward.
City Attorney Dennis Herrera said that he was pleased that the court dismissed the state’s claim that Prop. B conflicts with the City Charter.
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,” he said.
However, "Tim Colen, executive director of the San Francisco Housing Action Coalition, which supports the nullification of Prop. B," was pleased with Bolanos' ruling as well. The "ruling gives us optimism that Prop. B might not withstand legal scrutiny and may no longer be a barrier to building thousands of homes at all levels of affordability on San Francisco’s Port property," he said. [See press release.]
In 2007, the Lands Commission nullified plans of the Port of San Francisco because it had too much commercial development, reported SF Gate.
Hat tip to MTC Headlines.
Read the full story: Judge lets suit to overturn SF waterfront height limits proceed
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
California plans to bury El Niño’s downpour
If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.
Chicago breaks ground on $3 billion megadevelopment
The new neighborhood, titled Foundry Park, will one day host 3,700 residences.
California High-Speed Rail Authority CEO resigns after $600,000 scandal
Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.
Want to study the Missouri River? Soon, you may need unanimous approval from 10 states
Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.
Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River
Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
The course focuses on the opportunities and imperatives that shape reinvention of mall sites.
City of Rosemead
Rutgers University, Edward J. Bloustein School of Planning and Public Policy
One Hundred Miles
Hunter College, City University of New York (CUNY)
The Architects Foundation
University of Cincinnati Online
City of Cambridge
Montrose County
The Pocatello Development Authority