A statewide perspective
California’s State Lands Commission sued San Francisco over Proposition B, the 2014 voter initiative to restrict waterfront development. On Wednesday, a Superior Court judge tentatively ruled in favor of San Francisco — but this particular squabble may not be over yet. One big reason: The current commission chair is Lt. Gov. Gavin Newsom — a.k.a. the former mayor of San Francisco.
Newsom wasn’t actually responsible for the lawsuit. That honor belongs to state Treasurer John Chiang, who was head of the commission in July 2014. But Newsom refused to drop the case.
That choice caused no end of bellyaching among San Francisco’s progressive tribe of politicians and their environmental supporters, who regard Proposition B as some kind of sacrosanct text.
It’s true that Proposition B, which requires voter approval for any waterfront project that exceeds San Francisco’s height limit, won with 59 percent of the vote, and that San Francisco voters — like all California voters — have strong opinions about their right to determine local land use.
But what’s also true is that Chiang was right to file the lawsuit, and Newsom is correct to carry its torch. If necessary, Newsom should appeal.
Progressive politicians in San Francisco only need to think about their base. Meanwhile, the state lands commission has to think about the entire state.
When it comes to statewide impact, Proposition B is more than a local landuse measure — it’s a precedent-setting disaster that could negatively affect our environment and public lands in the rest of California.
The Lands Commission oversees public use of most of California’s land up to 3 miles from the tide line. It’s charged with protecting statewide public benefits.
Proposition B sought to usurp the commission’s power by putting the decision-making process for the same public lands in the hands of local voters. It sets a legal precedent, putting San Francisco voters’ decisions above those of the commission.
That may be just fine for San Francisco voters, who believe they’re doing what’s in the best interest of both the waterfront and the environment. But voters in other parts of the state may not be so enlightened about appropriate, environmentally friendly land use.
For this reason, Chiang and Newsom have rightly decided they need to protect the state commission’s power. It’s about the people of California, who deserve protection every bit as much as the people of San Francisco do.