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California Land Use Law & Policy Reporter

January 2020

Volume 29, Number 4 January 2020


California Governor Newsom Aims to Use Pension and Road Funds to Fight Climate Change99

Pacific Gas and Electric Announces Settlement Agreement with Wildfire Victims, But Has More Work to Do100


District Court:

District Court Holds U.S. Army Corps Is Not Obligated under the Clean Water Act or Other Laws to Dredge Channels on Annual Basis102

San Francisco Bay Conservation and Development Commission v. U.S. Army Corps of Engineers, et al., ___F.Supp.3d___, Case No. 16-cv-05420-RS (N.D. Cal. Nov. 4, 2019).


District Court of Appeal:

Sixth District Court Rules that the State’s Surplus Land Act Prevails over a Charter City’s Surplus Land Policy104

Anderson v. City of San Jose, ___Cal.App.5th___, Case No. H045271 (6th Dist. Nov. 26, 2019).

Third District Court Denies Writ of Mandate—Leaves Intact City’s Environmental Impact Report and General Plan105

Citizens for Positive Growth & Preservation v. City of Sacramento, ___Cal.App.3d___, Case No. C086345 (3rd Dist. Dec. 18, 2019).

First District Court Affirms Judgment Finding that Evidence Was Insufficient to Establish Implied Dedication at Martin’s Beach107

Friends of Martin’s Beach v. Martins Beach 1, LLC, Unpub., Case No. A154022 (1st Dist. Dec. 2019).

Fourth District Court Upholds Application of ‘Class 32’ Infill Development Exemption under CEQA for Residential Development Project109

Holden v. City of San Diego, ___Cal.App.5th___, Case No. (4th Dist. Dec. 3, 2019).

Third District Court Finds CalTrans Environmental Impact Report for Highway Project Adequate111

Jamulians Against the Casino v. The California Department of Transportation, Unpub., Case No. C086184 (3rd Dist. Dec. 3, 2019).

Fourth District Court Upholds Referendum Petition that Did Not Attach Interrelated General Plan Provisions113

Molloy v. Vu, ___Cal.App.5th___, Case No. DO75593 (4th Dist. Oct. 31, 2019).

Fifth District Court Finds Zoning Ordinance Requiring Cooperation Between Owners of Surface Rights and Mineral Rights a Legitimate Public Pur-


Vaquero Energy, Inc. v. County of Kern, ___Cal.App.5th___, Case No. F079719 (5th Dist. Nov. 19, 2019).

Superior Court:

Superior Court Rules in Favor of Los Angeles in Battle over Ordinances Passed to Battle Homelessness After Legislature Exempts the Ordinances from CEQA Review116

Fight Back Venice! v. City of Los Angeles, Case No. BS1735666 (L.A. Super. Ct. Dec. 5, 2019).