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California Land Use Law & Policy Reporter

February 2012

Volume 21, Number 5 February 2012


California State and Regional Water Boards Expand Their Land Use Entitlement Authority under the State and Federal Clean Water Acts by Michele A. Staples, Craig K. Beam and Jonathan E. Shardlow, Jackson DeMarco Tidus Peckenpaugh, California131


California Department of Water Resources Releases Draft Central Valley Flood Protection Plan137

CPUC Orders Rehearing of Decision Specifying CEQA Review Requirements for Telecommunications Projects139


Center for Biological Diversity and Sierra Club Challenge Bureau of Land Management Lease for Oil and Gas Development141


Circuit Court of Appeals:

Ninth Circuit Denies Church’s Claim that San Diego County Enforced a Land Use Regulation in Violation of Constitutional and Statutory Rights143

Guatay Christian Fellowship v. County of San Diego, ___F.3d___, Case No. 09-56541 (9th Cir. Dec. 23, 2011).


Supreme Court:

Supreme Court Requires Dissolution of State Redevelopment Agencies . .145

California Redevelopment Association v. Matosantos, ___Cal.4th___, Case No. S194861 (Cal. Dec. 29, 2011).

Supreme Court Holds Property Owner Did Not Waive Right to Takings Claim by Failing to Object to Partial Withdrawal of ‘Quick Take’ Deposit147

Los Angeles County Metropolitan Transportation Authority v. Financial Freedom Senior Funding Corp., ___Cal.4th___, Case No S188128 (Cal. 2011).

District Court of Appeal:

First District Holds Subdivision Map Act’s 90-Day Statute of Limitations Period Applies to Ordinance Amending City’s Below-Market Rate Program149

Aiuto v. City and County of San Francisco, ___Cal.App.4th___, Case No. A131279 (1st Dist. Dec. 15, 2011).

Fourth District Awards $1.3 Million for a Compensable Regulatory Taking where City’s Downzoning of Property Found to Be Spot Zoning150

Avenida San Juan Partnership v. City of San Clemente, ___Cal.App.4th___, Case No. G043479 (4th Dist. Dec. 14, 2011).

Fourth District Rejects Supreme Court Dicta—Rules University Had an Obligation to Consider Alternative Funding for Its Mitigation Costs152

City of San Diego v. Board of Trustees of the California State University, ___Cal.App.4th___, Case No. D057446 (4th Dist. Dec. 13, 2011).

Second District Rejects Property Owner’s Inverse Condemnation Challenge Based on City’s Precondemnation Actions155

Joffe v. City of Huntington Park, ___Cal.App.4th___, Case No. B222880 (2nd Dist. 2011).

Third District Declines to Exercise Original Jurisdiction over CEQA Claims—Distinguishes between Necessary and Indispensable Party in Colorado River QSA Litigation157

Quantification Settlement Agreement Cases, 201 Cal.App.4th 758 (3rd Dist. 2011).