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California Land Use Law & Policy Reporter

July 2015

Volume 24, Number 10 July 2015


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


California Building Standards Commission Adopts Emergency Regulations Restricting the Water Allowance for Landscape Areas of New


California Public Utilities Commission Issues Drought Restrictions in Response to Governor Brown’s 25 Percent Reduction Mandate284


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).


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).