January 2025

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Neighborhoods United SF

Advocating for Community-Centered Housing Solutions

Lawsuit Filed to Challenge Upzoning Plan

Neighborhoods United SF (NUSF), in conjunction with Small Business Forward, an affiliated group of local businesses, has filed a lawsuit challenging San Francisco’s recently adopted citywide upzoning plan. The suit does not oppose housing or affordability. Instead, it raises fundamental questions about process, legality, and accountability, and whether the City complied with state environmental law before approving one of the most sweeping land-use changes in its history.


What the Lawsuit Is About

At the center of the case is the City’s reliance on a previous Environmental Impact Report (EIR) that was completed before major changes were made to the plan. Those late additions significantly increased allowable heights and density across large portions of the city, including long-established residential and neighborhood commercial corridors.


Under the California Environmental Quality Act (CEQA), substantial changes to a project, or new information showing potentially significant impacts, require additional environmental review. The lawsuit argues that the City should have prepared a Supplemental EIR (SEIR) to analyze these changes before moving forward.


Why This Matters

Zoning determines what can be built, where, and at what scale. When those rules change dramatically, the impacts can be far-reaching: displacement of residents and small businesses, increased demolition of rent-controlled housing, infrastructure strain, traffic and transit impacts, shadows, wind, and neighborhood character changes.


Environmental review is not a bureaucratic hurdle, it is the public’s safeguard. CEQA exists to ensure decision-makers and residents understand the real-world consequences of major policy shifts before they are approved, not after. It also affords the public the ability to comment on the proposed actions of a city; this right was taken from us by the City’s lack of adherence to a set process.


What the Lawsuit Is Not

This legal action is not an attempt to block all new housing. San Francisco already has tens of thousands of approved housing units in the pipeline. The lawsuit is about making sure growth is thoughtful, lawful, and planned, with infrastructure, services, and affordability aligned with increased density.


It also challenges the false narrative that cities must choose between housing and due process. The law requires both.


What Happens Next

The case asks the court to require the City to pause implementation of the upzoning plan until proper environmental review is completed. If successful, it would send the plan back for further analysis and public input, giving residents a meaningful seat at the table.


Regardless of the outcome, the lawsuit keeps this issue in the public eye and affirms a core principle: decisions that reshape San Francisco’s neighborhoods must follow the law and include the people who live here.


Further Reading:

See Press Release

See Lawsuit Filed

The Cost of Silence: How City Leaders Let Sacramento Override San Francisco

(L) Marina Safeway 25-stories and (R) West Portal Tower 9-stories

The proposed 25-story tower at the Marina Safeway site shows exactly how these policies play out in the real world.


While the project relies on state density bonus and streamlining laws authored by Senator Scott Wiener, the City’s blanket upzoning plan created the political green light, expanded base zoning, and increased density allowances that will encourage more proposal of this scale throughout the City. Together, these policies shift power almost entirely to developers, leaving neighborhoods with no recourse.


The same pattern is already emerging in West Portal, where a proposed 9-story building on a small neighborhood corridor would introduce 69 units with only 27 parking spaces, cast long shadows, and permanently alter the scale of the street, setting a precedent for more oversized projects to follow.


These are not isolated cases. They are early warnings of what happens when state mandates and local upzoning are stacked: oversized projects, minimal public input, limited environmental review, and growing strain on infrastructure and neighborhood-serving businesses.


Developers now hold the cards. Communities are left reacting after the fact.

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ABOUT NEIGHBORHOODS UNITED SF

Neighborhoods United SF (NUSF) has rapidly mobilized over 60 neighborhoods across San Francisco to resist extreme state-mandated, locally-implemented height and density increases.

NUSF champions community-led planning to protect vulnerable residents and small businesses from gentrification while ensuring the livability of San Francisco's neighborhoods.