San Francisco: Voter Approved Waterfront Development Ban May Be Illegal

 The 8 Washington condo development plan which inspired Proposition B http://8washington.com/resources/111511_S200_ViewFromSoutheast_2011-11-11.jpg

State Court at least partially backs State Agency in fight against measure requiring public vote for zoning changes

A lawsuit by the State Lands Commission challenging whether voters can weigh in on waterfront height-limit increases in The City will proceed, a San Francisco Superior Court judge ruled Wednesday.

In response to a motion by the City Attorney’s Office for the court to dismiss the lawsuit that seeks to invalidate Proposition B, a measure that puts height-limit increases along San Francisco’s waterfront before voters, Judge Suzanne Bolanos opted to give the State Lands Commission an opportunity to disclose the potential economic harm of Prop. B.

“The State Lands Commission properly pleads a cause of action for violation of public resources,” Bolanos said.

http://www.sfexaminer.com/sanfrancisco/judge-allows-lawsuit-challenging-prop-b-to-go-forward/Content?oid=2924693

Prop. B requires voter approval for projects that exceed current height limits, which range from 40 to 90 feet. Prop. B passed with 59 percent of the vote. Former San Francisco Mayor and current Lt. Gov. Gavin Newsom is a member of the commission.
Both sides took the ruling as a partial victory. Tim Colen, executive director of the San Francisco Housing Action Coalition, which supports the nullification of Prop. B, said 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.”

Jon Golinger, the Telegraph Hill resident who led the Prop. B campaign, called the ruling “a mixed bag.” He said the judge clearly stated that “voters do have a say in what happens on the waterfront, and that is pretty significant.”

“The case goes on and Prop B remains in effect,” he said.

http://www.sfgate.com/bayarea/article/Judge-lets-suit-to-overturn-SF-waterfront-height-6159453.php

On Wednesday, Judge Bolanos denied some of the state’s motions, but ruled it could present evidence of the law’s economic impact. The litigants could start arguing that part of the case in May.

Herrara lauded Bolanos’ ruling, which he said underscores that the city’s law doesn’t conflict with the Burton Act. The state has argued the 1969 act gives it controls of the port land.

“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,” Herrera said in a statement.

Meanwhile, the opposition said the ruling “left the door open” Prop. B may be invalid.

“Today’s 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,” said Tim Colen, executive director of the San Francisco Housing Action Coalition.

The San Francisco Housing Action Coalition is participating in the litigation.

Meanwhile, Prop. B has already begun to have a ripple effect on San Francisco development. After Prop. B passed, Forest City took it’s major office-housing-public park development on Pier 70 to voters. It was approved in November.

Another development site that will likely go to the ballot box over Prop. B is Seawall Lot 337 where the San Francisco Giants want to build a mixed-use development. Giants officials say they haven't decided when they will bring the initiative to the ballot.

http://www.bizjournals.com/sanfrancisco/blog/2015/03/prop-b-waterfront-lawsuit-sf-forest-city-herrera.html?page=all