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California Land Use Law & Policy Reporter

December 2016

Volume 26, Number 3 December 2016


California Lays Groundwork for Implementing First-Ever Permanent, Budget-Based Water Use Conservation Targets67


Court of Appeals:

Ninth Circuit Upholds Use of Climate Change Predictive Models as a Basis for Listing Species for Protection under the Federal Endangered Species


Alaska Oil and Gas Association v. Prizker, ___F.3d___, Case Nos. 14-35806, 14-35811 (9th Cir. Oct. 24, 2016).


District Court of Appeal:

First District Court Approves Use of Community Facilities Districts to Achieve Fiscal Neutrality in New Developments72

Building Industry Association of the Bay Area v. City of San Ramon, ___Cal.App.5th___, Case No. A145575 (1st Dist. Oct. 13, 2016).

Third District Court Upholds Trial Court’s Grant of Summary Judgment to County Defending County Recorder Copy Fees74

California Public Records Research, Inc. v. County of Yolo, ___Cal.App.5th___, Case No. C078158 (3rd Dist. Oct. 14, 2016).

Second District Court Holds Regulation of Billboard in Unincorporated Area Not Preempted by State Law76

D’Egidio v. City of Santa Clarita, ___Cal.App.5th___, Case No. B269095 (2nd Dist. Oct. 24, 2016).

First District Court Distinguishes Due Process Rights in Administrative and Judicial Proceedings in Coastal Land Oyster Harvesting Case77

Drakes Bay Oyster Co. v. California Coastal Commission, ___Cal.App.5th___, Case No. A142820 (1st Dist. Oct. 28, 2016).

Third District Court Finds Trial Court Was Barred from Enjoining Caltrans from Performing Duty to Maintain Highway Right-of-Way79

Jamison v. Department of Transportation, ___Cal.App.5th___, Case No. C074880 (3rd Dist. Oct. 19, 2016).

Second District Court Finds the Density Bonus Act and Mello Act Are Both Subordinate to the California Coastal Act81

Kalnel Gardens, LLC v. City of Los Angeles, ___Cal.App.5th___, Case No. B264434 (2nd Dist. 2016).

Fourth District Court Upholds City’s Council Agenda and Subsidy Report Concerning Transient Occupancy Tax Subsidy for Hotel Project83

San Diegans for Open Government v. City of Oceanside, ___Cal.App.5th___, Case No. D069561 (4th Dist. Oct. 25, 2016, modified Nov. 7, 2016).

Fourth District Court Holds Ordinance Regulating Medical Marijuana Dispensaries Is Not a ‘Project’ Subject to CEQA85

Union of Medical Marijuana Patients, Inc. v. City of San Diego, ___Cal.App.5th___, Case No. D068185 (4th Dist. Oct. 14, 2016).

Third District Court Upholds Governor’s Authority to Concur with Determination under Indian Gaming Regulatory Act86

United Auburn Indian Community of the Auburn Rancheria v. Edmund G. Brown, Jr., 4 Cal.App.5th 36 (3rd Dist. 2016).


2016 Land Use Legislative Wrap Up88