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California Land Use Law & Policy Reporter

February 2010

Volume 19, Number 5 February 2010


Dual Representation and Due Process: Maintaining the Line Between Advocate and Advisor in Land Use Proceedings by Carolyn Nelson Rowan, Esq., Miller Starr Regalia, Walnut Creek, California131


Environmental Group Files Notice of Intent to Sue Seeking ESA Protective Status for 144 Species137

Landowners Along the Sacramento River Seek Safe Harbor Protections under the Federal Endangered Species Act138

Sonoma County Conservation Group Purchases Coastal Preserve139

25th California Water Law 141


NOAA Proposes Increased Protection for Leatherback Sea Turtles143

California Judicial Council Adopts New Rules of Court Regarding Record Preparation in CEQA Cases144


Supreme Court:

California Supreme Court Holds County’s Decision to Deny Application to Renew Conditional Use Permit for a Privately Owned Airport Was Not a ‘Project’ under CEQA146

Sunset Sky Ranch Pilots Association v. County of Sacramento, ___Cal.4th___, Case No. S165861 (Dec. 28, 2009).

District Court of Appeal:

Third District Dismisses CEQA Claims for Failure to Make a Written Request for Hearing within 90 Days of Filing the Complaint148

County of Sacramento v. Superior Court, ___Cal.App.4th___, Case Number C062025, (3rd Dist. Dec. 29, 2009).

Fourth District Requires an EIR on a General Plan Amendment, Declines to Overturn Approvals of Tentative Parcel Maps149

Inyo Citizens For Better Planning v. Inyo County Board of Supervisors, ___Cal.App.4th___, Case No. E046646, (4th Dist. Dec. 12, 2009).

Second District Upholds Environmental Review for Castaic Lake Water Agency Water Transfer151

Planning and Conservation League v. Castaic Lake Water Agency, ___Cal.App.4th___, Case No. B200673 (2nd Dist. Dec. 17, 2009).

Second District Upholds Coastal Commission’s Denial of a Coastal Development Permit as Inconsistent with City’s Local Coastal Plan153

Reddell v. California Coastal Commission, ___Cal.App.4th___, Case No. B206428 (2nd Dist. Dec. 1, 2009).

First District Finds Lengthy Delay in Preparation of EIR Did Not Entitle the Developer to Mandamus Compelling Certification of the EIR155

Schellinger Bros. v. City of Sebastopol, ___Cal.App.4th___, Case No. A122972 (1st Dist. Dec. 2, 2009).

First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218157

Town of Tiburon v. Bonander, ___Cal.App.4th__ , Case No. A119918 (1st Dist. Dec. 31, 2009).

First District Upholds Higher Density Bonus Units than Required by State Law and Finds Grant of Discretionary Units Not Subject to CEQA156 8Wollmer v. City of Berkeley, 179 Cal.App.4th 933, (1st Dist. 2009).