LAND USE NEWS
California Assembly Bill 779 Attempts to Delay Implementation of ‘Vehicles Miles Traveled’ Standard in CEQA Analyses279
California State Budget and State Water Resources Control Board Allocate Drought Relief Funding280
REGULATORY DEVELOPMENTS
California Building Standards Commission Adopts Emergency Regulations Restricting the Water Allowance for Landscape Areas of New
Construction282
California Public Utilities Commission Issues Drought Restrictions in Response to Governor Brown’s 25 Percent Reduction Mandate284
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds BLM Road Project and Federal Easement for Wind Energy Project Not Interrelated for Purposes of the Endangered Species Act and NEPA286
Sierra Club v. Bureau of Land Management, ___F.3d___, Case No. 13-15383 (9th Cir. May 27, 2015).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Court Upholds Award of Attorney’s Fees Against City Deemed an ‘Opposing Party’ Despite Confessing Error in Response to a
Petition for Mandamus288
Animal Protection and Rescue League v. City of San Diego, 237 Cal.App.4th 99 (4th Dist. 2015).
Fourth District Court Holds General Plan Did Not Require Coordination with Coastal Commission Prior to Approval of Coastal Zone Project290
Banning Ranch Conservancy v. City of Newport Beach, 236 Cal.App.4th. 1341 (4th Dist. 2015).
First District Court Upholds Assessor-Recorder’s Use of Assessor’s Maps that Do Not Correspond to
Subdivision Maps291
Cafferkey v. City and County of San Francisco, ___Cal.App.4th___, Case No. A140752 (1st Dist. May 8, 2015).
Fourth District Court Finds Development Restriction on Portion of Property Designated for Potential Future Road an Uncompensated Taking293
Jefferson Street Ventures, LLC v. City of Indio, ___Cal.App.4th___, Case No. G049899 (4th Dist. May 15, 2015).
Sixth District Court Affirms the Use of Personal, Non-Expert Testimony to Satisfy the ‘Fair Argument’ Standard in CEQA Challenges295
Keep Our Mountains Quiet v. County of Santa Clara, 236 Cal.App.4th 714 (6th Dist. 2015).
Third District Court Upholds Scope of Flood Control Agency’s Resolution of Necessity and Admission of Evidence that Might Affect Property’s Market Value297
Sacramento Area Flood Control Agency v. Brinderjit S. Dhaliwal, ___Cal.App.4th___, Case No. C073098 (3rd Dist. Apr. 21, 2015, Published May 20, 2015).
Fourth District Court Reverses Trial Court Decision that City of San Diego Violated its Municipal Code when Approving Park Plan298
Save Our Heritage Organization v. City of San Diego (The Plaza De Panama Committee), ___Cal.App.4th___, Case No. D063992 (4th Dist. May 28, 2015).
LEGISLATIVE UPDATES301