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California Land Use Law & Policy Reporter

May 2018

Volume 27, Number 8 May 2018

FEATURE ARTICLE

Ninth Circuit Upholds Spill Injunction On Pacific Northwest’s Columbia and Snake River Dams to Benefit Juvenile Salmon and Steelhead by Marina Cassio, Esq, Marten Law, PLLC, San Francisco219

LAND USE NEWS

Climate Change and the Risk to California Agriculture—UC University Study Highlights the Challenges Ahead223

REGULATORY DEVELOPMENTS

State Water Resources Control Board Adopts Regulations Governing Use of Recycled Water for Surface Water Augmentation226

LAWSUITS FILED OR PENDING

Trump Administration Sues California over New State Law Related to the Sale of Federal Lands228

RECENT FEDERAL DECISIONS

Federal Claims Court Finds United States Not Required to Exhaust Administrative Remedies under a City’s Code to Challenge Stormwater Service Charges230

City of Wilmington, Delaware v. United States, ___F.Supp.3d___, Case No. 16-1691C (Ct. Fed Cl. Mar. 14, 2018).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fourth District Court Affirms Trial Court’s Decision Regarding the Calculation of School Impact Fees Including Common Areas232

1901 First Street Owner, LLC v. Tustin Unified School District___ Cal.App.5th ___, Case No. G054086 (4th Dist. Mar. 29, 2018).

Third District Court Reverses County’s Approval of General Plan and Zoning Ordinance Amendments for Failure to Consider Entirety of the Project234

4140 E. Hammer Lane, LLC v. County of San Joaquin, Unpublished, Case No. (3rd Dist. Mar. 2, 2018).

Second District Court Finds Infill Project’s Parking Impacts Were Exempt from Environmental Review—Upholds Use of Negative Declaration236

Covina Residents for Responsible Development v. City of Covina, ___Cal.App.5th___, Case No. B279590 (2nd Dist. Feb. 28, 2018; Pub. Mar. 22, 2018).

Second District Court Enjoins Homeowners’ Association’s Enforcement of Short-Term Rental Ban for Prima Facie Coastal Act Violation238

Greenfield v. Mandalay Shores Community Association, ___Cal.App.5th___, Case No. B281089 (2nd Dist. Mar. 27, 2018).

Sixth District Court Affirms Decision that Cannabis Collective Was Not a Legal Nonconforming Use—City May Enforce Its Municipal Code240

J. Arthur Properties, II, LLC et al. v. City of San Jose ___Cal.App.5th___, Case No. H042938 (6th Dist. Mar. 19, 2018).

LEGISLATIVE UPDATE242