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California Land Use Law & Policy Reporter

July 2013

Volume 22, Number 10 July 2013


Sensible Flood Risk Management for California’s Central Valley to Address Existing Risk and Hydrologic and Climate Change Uncertainties: A Partnership of Federal, State, and Local Efforts by Scott Shapiro, Esq., Downey Brand, Sacramento287


U.S. Bureau of Land Management Approves Wind Project Allowing Take of a Condor292


California Supreme Court:

Supreme Court of California Upholds City’s Ban on Medical Marijuana Dispensaries294

City of Riverside v. Inland Empire Patients Health and Wellness Center, ___Cal.4th___, Case No. S198638 (Cal. May 6, 2013).

District Court of Appeal:

Fourth District Finds State Fish and Game Commission May Designate Marine Protected Areas Despite Lack of a Master Plan or Coordinating Committee Review296

Coastside Fishing Club v. California Fish and Game Commission, ___Cal.App.4th___, Case No. D061121 (4th Dist. Apr. 15, 2013).

Sixth District Upholds City’s Determination that Medical Marijuana

Collective and Dispensary Is Not a Permitted Use under City’s Zoning Ordinance298

City of Monterey v. Carrnshimba, ___Cal.App.4th___, Case No. H036475 (6th Dist. 2013).

First District Addresses the Question: When Is a Violation of the Subdivision Map Act Not a Violation of the Subdivision Map Act?299

Corrie v. Soloway, ___Cal.App.4th___, 156 Cal.Rptr.3d 709, Case No. A135963 (1st Dist. May 16, 2013).

Fifth District Upholds County Zoning Ordinance Restricting Location of Medical Marijuana Collect-


County of Tulare v. Nunes, ___Cal.App.4th___, Case No. F063555 (5th Dist. Apr. 29, 2013).

Regulator Beware: First District Provides Both Guidance and Caution for Public Agencies Exercising Land Use Authority in Award of Takings Claim303

Lockaway Storage v. County of Alameda, 216 Cal.App.4th 161 (1st Dist. 2013).

First District Upholds EIR For Marin Desalination Plant on Aesthetic, Seismic, Biological, Hydrological and Greenhouse Gas Bases305

North Coast Rivers Alliance v. Marin Municipal Water District, ___Cal.App.4th___, Case Nos. A133821, A135626 (1st Dist. May 21, 2013).

Fourth District Holds School District Misused Bond Funds and Violated CEQA in Approving High School Stadium Upgrade Project; Rejects Exemption Argument307

Taxpayers for Accountable School Bond Spending v. San Diego Unified School District, 215 Cal.App.4th 1013 (4th Dist. 2013).