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California Land Use Law & Policy Reporter

December 2015

Volume 25, Number 3 December 2015


California Coastal Commission Narrowly Approves Unprecedented Sand-Replenishment Project along Malibu’s Broad Beach to Guard against Climate Change Impacts67


Circuit Court of Appeals:

Sixth Circuit Issues Nationwide Stay of Clean Water Rule69

In re U.S. Environmental Protection Agency and Department of Defense Final Rule: ‘Clean Water Rule: Definition of Waters of the United States,’ ___F.3d___, Consolidated Case Nos. 15-3799/3822/3853/3887 (6th Cir. 2015).


District Court of Appeal:

Second District Court Upholds EIR for Los Angeles County Transportation Authority’s Westside Subway Extension72

Beverly Hills Unified School District v. Los Angeles County Metropolitan Transportation Authority, ___Cal.App.4th___, Case No. B256605 (2nd Dist. Oct. 22, 2015).

First District Court Affirms Demurrer against Nonresident Water Customers Who Sought to Preserve ‘Reasonable’ Water Rates74

Green Valley Landowners Association v. City of Vallejo, ___Cal.App.4th ___, Case No. A142808, (1st Dist. Oct. 16, 2015).

Fourth District Court Grants Association’s Petition for Writ of Mandate—Orders Trial Court to Conduct Review of Public Records to Determine if They Were Privileged76

League of California Cities v. Superior Court (San Diegans for Open Gov’t), ___Cal.App.4th___, Case No. D067968 (4th Dist. Oct. 28, 2015).

Second District Court Affirms Denial of Petition for Writ of Mandate Seeking Approval of an Eldercare Facility78

Levi Family Partnership, L.P. v. City of Los Angeles, ___Cal.App.4th___, Case No. B257764 (2nd Dist. Sept. 16, 2015, ordered published October 9, 2015).

Fourth District Court Upholds CEQA Baseline Using Recent Historical Use for Traffic Analysis80

North County Advocates v. City of Carlsbad, ___Cal.App.4th___, Case No. D066488 (4th Dist. Oct. 9, 2015).

Third District Court Releases Two Long-Awaited Opinions Regarding Sacramento’s ‘Railyards’


Sacramento Citizens Concerned About the Railyards (SCCARY), et. al. v. City of Sacramento, unpub., Case No. C065220; Castro, et. al. v. City of Sacramento, unpub., Case No. C064091 (3rd Dist. Oct. 2015).

(Sub)Divide and Conquer—First District Court Addresses when a Division of Land Is Not a Division under the Subdivision Map Act84

Save Mount Diablo v. Contra Costa County, 240 Cal.App.4th 13688 (1st Dist. 2015).

Sixth District Court Addresses Municipal Tree Preservation Ordinance through the Lens of CEQA86

Save Our Big Trees v. City of Santa Cruz,

241 Cal.App.4th 694 (6th Dist. 2015).


California 2015 Year-End Legislative Summary88