FEATURE ARTICLE
In a Landmark Decision, the Court of Appeal Holds that a City’s Decision to Deny an Application for a Ten-Unit Multifamily Building Violated the State’s Housing Accountability Act by Laura Harris, Esq., Remy Moose Manley, LLP, Sacramento, California33
LAND USE NEWS
Federal Emergency Management Agency Flood Risk Rating 2.0 Rolls Out as First Major Update to Pricing Methodology in 50 Years38
California Passes Three Key Housing Bills to Streamline CEQA Review for Certain Housing Projects39
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Vacates Judgement Requiring Clean Water Act Citizen Suit to Prove Ongoing Discharge in Case Alleging Monitoring Violations42
Inland Empire Waterkeeper and Orange County Coastkeeper v. Corona Clay Co., 13 F.4th 917 (9th Cir. 2021).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Court Upholds CEQA Categorical Exemption for One Utility Project but Finds Mitigated Negative Declaration Failed to Evaluate GHG Emissions for Other Projects44
McCann v. City of San Diego, ___Cal.App.5th___, Case No. D077568 (4th Dist. Oct. 18, 2021).
Fifth District Court Affirms Density Bonus Law Does Not Require Demonstration that Concessions Will Render Development Economically Feasi-
ble45
Muskan Food & Fuel v. City of Fresno, ___Cal.App.5th___, Case No. F079342 (5th Dist. Sept. 27, 2021).
Fourth District Court Upholds Application of CEQA Urban Infill Exemption to Gas Station Project48
Protect Tustin Ranch v. City of Tustin, ___Cal.App.5th___, Case No. G059709 (4th Dist. Sept. 28, 2021).
First District Court Reject’s Landowners’ Claims to Easement Rights Across Neighboring Subdivision, Effectively Leaving Property Landlocked51
Rock v. Rollinghills Property Owners Association, Unpub., Case No. A160163 (1st Dist. Sept. 20, 2021).
Second District Court Affirms Density Bonus Law Does Not Require Demonstration that Concessions Will Render Development Economically Feasi-
ble53
Schreiber v. City of Los Angeles, ___Cal.App.5th___, Case No. B303642 (2nd Dist. Sept. 28, 2021).
Third District Court Finds EIR for Project Failed to Adequately Consider Certain Impacts to Lake Tahoe’s Unique Environmental Resources55
Sierra Watch v. County of Placer, 69 Cal.App.5th 86 (3rd Dist. 2021).
Fourth District Court Dismisses Appeal by Parties that Were Not Aggrieved by Superior Court Entry of Declaratory Relief in Cannabis Dispensary
Case59
Taft v. Vargas, Unpub., Case No. E076173 (4th Dist. Sept. 17, 2021).
LEGISLATIVE UPDATE61
