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California Land Use Law & Policy Reporter

April 2020

Volume 29, Number 7 April 2020


California Court of Appeal Issues Extensive Opinion Finding a County

Ordinance for Ministerial Oil and Gas Well Permits Ran Afoul of CEQA on Multiple Fronts by Collin McCarthy, Esq., and Christina Berglund, Esq., Remy Moose Manley, LLP, Sacramento, California179


Salton Sea Species Management Program Report Outlines Progress and the Path Forward184

Senator Wiener Introduces Legislation to Streamline Affordable Housing on Properties Owned by Religious Institutions and Nonprofit Hospitals186

Senator Wiener Proposes Housing Legislation to Provide Cities with Tools for Voluntary Upzoning187


Circuit Court of Appeals:

Ninth Circuit Rejects Takings Claim after State Land Commission Temporarily Reverts Project Site from Urban to Agricultural Zoning189

Bridge Aina Le’A, LLC v. State of Hawaii Land Use Commission, ___F.3d___, Case Nos. 18-15738, 18-15817 (9th Cir. Feb. 19, 2020).

District Court:

Court of Federal Claims Rejects ‘Takings Claims’ Related to Hurricane Harvey Downstream Flooding Cases191

In re Downstream Addicks and Barker (Texas) Flood-Control Reservoir, ___F.Supp.3d___, Case No. 17-9002 (Fed. Cl. Feb. 18, 2020).


District Court of Appeal:

Fourth District Court Finds Certified Local Coastal Plan, Not the Coastal Act Regulation, Governs City’s Coastal Development of Housing Facility194

Citizens for South Bay Coastal Access v. City of San Diego, ___Cal.App.5th___, Case No. D075387 (4th Dist. Feb. 18, 2020).

Third District Court Upholds Development Project EIR Even though Large Component of the Project Would Not Likely Be Built196

Environmental Council of Sacramento et al., v. County of Sacramento et. al., ___Cal.App.5th___, Case No. C076888 (3rd Dist. Jan. 30 2020).

First District Court Finds City’s Violation of Brown Act Did Not Nullify Approval of Tennis Cabaña Project198

Fowler v. City of Lafayette, ___Cal.App.5th___, 258 Cal.Rptr.3d 353(1st Dist. Mar. 11, 2020).

Fifth District Court Upholds Denial of Challenge to City’s Municipal Code Addressing Voting Requirements for Project Approvals200

Lateef v. City of Madera, ___Cal.App.5th___, Case No. F076227 (5th Dist. Feb. 14, 2020).