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California Land Use Law & Policy Reporter

December 2017

Volume 27, Number 3 December 2017


California Details Its Greenhouse Gas Reduction Fund Expenditure Plan for Fiscal-Year 2017-1867

Assembly Bill 1505 Signed into Law by Governor Brown—Inclusionary Housing69


U.S. Supreme Court:

U.S. Supreme Court Declines Review of California Decision in 616 Croft Avenue where a Developer Challenged Affordable Housing Fees70

616 Croft Avenue, LLC v. City of West Hollywood, 3 Cal.App.5th 621 (4th Dist. 2016); Cert. Denied, U.S. Supreme Court Case No. 16-1137 (Oct. 31, 2017).

Circuit Court of Appeals:

Ninth Circuit Affirms District Court Ruling after Clarifying Ambiguous Phrase in the Indian Reorganization Act72

County of Amador v. U.S. Department of the Interior, 872 F.3d 1012 (9th. Cir. 2017).

Looming Rescission of Regulation Regarding Fracking on Federal Lands Deprived Tenth Circuit Court of Jurisdiction to Consider Appeal73

State of Wyoming v. Zinke, 871 F.3d 1133 (10th Cir. 2017).

In Split Decision, Ninth Circuit Rejects Second Amendment Challenge to Local Ordinance Restricting Location of Gun Shops76

Teixeira v. County of Alameda, 873 F.3d 670 (9th Cir. 2017).


District Court of Appeal:

Fourth District Court Determines that EIR Prepared by SANDAG for Its 2050 Regional Transportation Plan Violated CEQA78

Cleveland National Forest Foundation v. San Diego Association of Governments, ___Cal.App.5th___, Case No. D063288 (4th Dist. Nov. 16, 2017).

Fourth District Court Holds Final Land Use Determination a Prerequisite to Regulatory Takings


Dryden Oaks, LLC et al. v. San Diego County Regional Airport Authority et al., ___Cal.App.5th___, Case No. D069161 (4th Dist. Sept. 26, ordered published Oct. 19, 2017).

Third District Court Affirms Trial Court Decision Upholding Issuance of CUP without Requiring Accessible Parking Spaces82

Harrington v. City of Davis, ___Cal.App.5th___, Case No. C081263 (3rd Dist. Oct. 20, 2017).

First District Court Affirms Trial Court’s Upholding of EIR Certification for Closure of Courthouse84

Placerville Historic Preservation League v. Judicial Council of California ___Cal.App.5th___, Case No. A149501 (1st Dist. Sept. 15, 2017; ordered published Oct. 16, 2017).

First District Court Upholds CEQA Categorical Exemptions for Residential Project on San Francisco’s Telegraph Hill86

Protect Telegraph Hill v. City and County of San Francisco, 16 Cal.App.5th 261 (1st Dist. 2017).

Fourth District Court Reverses Lower Court’s Order Invalidating Charter City’s Specific Plan as Inconsistent with Its General Plan88

The Kennedy Commission v. City of Huntington Beach, ___Cal.App.5th___, Case No. E065358 (4th. Dist. Oct. 31, 2017).


California Land Use Legislation 2017 Year in