Board of Supervisors overrides mayor's veto to restore density limits in three historic districts

The San Francisco Board of Supervisors voted 8-3 on March 28, 2024, to approve an ordinance amending the planning code that restores density limits in the Northeast Waterfront Historic District, the Jackson Square Historic District and the Jackson Square Historic District Extension, overriding Mayor London Breed's veto issued March 14, 2024.

The ordinance, which the board considered after receiving the mayor's veto communication, was intended by its author to prevent an unintended consequence of prior downtown adaptive-reuse legislation that removed density controls in parts of the C-2 district. Supporters said that, because of recent state law changes, removal of the limits could be interpreted to allow much taller construction in these small, historic areas than their 65-foot context.

"What we did not anticipate was that the removal of density controls in the C-2 District on the Northeast Waterfront ... could be used, in conjunction with a preemptory state law, to build 270-foot towers in historic districts," said President Aaron Peskin, the item's sponsor, during the board debate. He described the action as "responsible planning" that preserves the scale of two of the city's earliest designated historic districts while not preventing housing.

Supporters pointed to unanimous backing from the Planning Commission after the board adopted recommended amendments and to support from the current and prior planning directors. Supervisor Stephanie said she had done outreach and was assured the legislation complied with the housing element and that the affected area amounted to roughly "15 to 20 street blocks," with only about 20 parcels that lack historic significance.

Opponents argued the ordinance risked setting a precedent that would constrain housing production. Supervisor Matt Dorsey said he remained "opposed" and warned that preserving density controls across neighborhoods could hinder the city's legally required efforts to build more housing.

After debate the clerk called the roll on the override. The tally was eight ayes and three noes; Supervisors Engardio, Melgar and Dorsey voted no. The clerk announced, "The ordinance is approved over the mayor's veto."

Why it matters: Backers framed the measure as a targeted correction to protect small, historically significant districts from interpretation of broader downtown density changes; critics said it could strengthen exclusionary zoning in other contexts and slow housing production.

The board approved the ordinance over the mayor's veto; the ordinance will take effect according to the city's standard procedures for planning-code amendments unless subsequent legal or administrative steps are taken.

Votes at a glance: On item 1, override mayor's veto of the planning-code amendment: 8 ayes (passed), 3 noes (Engardio, Melgar, Dorsey).

The board recorded speakers and exchanges on the public record during the March 28 session indicating the Planning Commission recommended the ordinance unanimously after adopting tailored changes and that members of the city's planning leadership supported the approach.