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California Land Use Law & Policy Reporter

January 2017

Volume 26, Number 4 January 2017


The Other Green—The Land Use and Environmental Implications of California’s New Adult Use of Marijuana Act By Nedda Mahrou, Esq., Jackson Tidus, P.C., Irvine, California99


Salton Sea Receives State Funding for Restoration while Imperial Irrigation District Issues Ultimatum104

Los Angeles Voters Approve Affordable Housing Measure105


Bureau of Land Management Announces New Rule to Reduce Greenhouse Gas Emissions Caused by Oil and Gas Production107


New California Law Requires General Plans to Include Environmental Justice Element109


Court of Appeals:

Ninth Circuit Upholds Environmental Impact Statement for Los Angeles Public Transit Project111

Japanese Village, LLC v. Federal Transit Administration et al., ___F.3d___, Case No. 2:13-cv-00396-JAK-PLA (9th Cir. Dec. 6, 2016); Today’s IV, Inc. v. Federal Transit Administration et al., ___F.3d___, Case No. 2:13-cv-00378-JAK-PLA (9th Cir. Dec. 6, 2016).

Ninth Circuit Upholds Environmental Review for Tahoe Regional Plan Update113

Sierra Club v. Tahoe Regional Planning Agency, 840 F.3d 1106 (9th Cir. 2016).

Fifth Circuit Reverses and Remands District Court’s Summary Judgment on Whether Land Constituted Waters of the United States115

U.S. v. Lipar, et al., ___F.3d___, Case No. 15-20625 (5th Cir. Nov. 7, 2016).


District Court of Appeal:

Second District Court Holds City Council may Place Initiative on Ballot to Repeal Previous Initiative that Precluded Adoption of Rent Control Ordin-


Brookside Investments, LTD. v. City of El Monte, ___Cal.App.5th___, Case No. B267081(2nd Dist. Nov. 15, 2016).

Fifth District Court Holds City’s Use Special Funds Held By Public Benefit Corporation for Road Improvements Is Valid if It Does Not Rely upon Gas Tax Revenues119

City of Bakersfield v. West Park Home Owners Association and Friends, ___Cal.App.5th___, Case No. F071869 (5th Dist. Oct. 31, 2016).

Third District Court Continues to Unravel Entitlement to Tax Increment Funds Following the Dissolution of Redevelopment Agencies121

City of San Jose v. Sharma, ___Cal.App.5th___, Case No. C074539 (3rd Dist. Nov. 3, 2016).

Third District Court Holds Compliance with a General Plan Traffic Policy Is Not Substantial Evidence Supporting a No Impact Determination123

East Sacramento Partnership for a Livable City v. City of Sacramento, ___Cal.App.5th___, Case No. C079614 (3rd Dist. Nov. 3, 2016).

First District Court Holds a Business Is Not Required to Quantify Loss of Goodwill to Establish an Entitlement to Compensation in Eminent Domain125

People ex rel. Department of Transportation v. Presidio Preforming Arts Foundation, ___Cal.App.5th___, Case No. A145278 (1st Dist. Nov. 7, 2016).