Proposed Waterfront Tower Could Test California's Power to Override S.F. Height Restrictions

West Coast Land Use and Environment attorney Jennifer Hernandez was cited in a San Francisco Chronicle article about a brewing dispute over a proposed waterfront development that exemplifies the tension between state housing laws and local zoning ordinances. In 2014, San Francisco voters approved the Proposition B referendum, which required voter approval for developments on the Port on San Francisco to exceed existing height limits. In 2026, Strada Investment Group proposes a 619-unit project that includes a tower standing more than twice the limit. Strada plans to rely on Senate Bill (SB) 330, California's density bonus law designed to streamline approvals for certain affordable housing projects by allowing developers to waive local government obligations. Ms. Hernandez clarified that because a voter referendum has the same legal standing as a city council vote, SB 330 likely overrides San Francisco voters on this issue.

"Once a state law is adopted that constrains the power of the board of supervisors or city council, then voters are similarly constrained," she told the publication, pointing to a similar case in which a court allowed Newport Beach to move forward with a project that bypassed a voter-approved growth control initiative.

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