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California Land Use Law & Policy Reporter

March 2022

Volume 31, Number 6 March 2022

LAND USE NEWS

Proposed Federal Spending Plan Targets Western Water Infrastruc-

ture167

California May Prohibit Seabed Mining of Precious Metals in the State’s Coastal Waters168

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers and NOAA Enter Into Joint Memorandum Regarding ESA Consultations for Existing Structures170

LAWSUITS FILED OR PENDING

U.S. Supreme Court Grants Certiorari in Sackett, Paving the Way to a

Definitive Test for Determining Wetland Waters of the United States under the Clean Water Act?172

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Affirms Dismissal of Action Challenging City of Oakland’s Residential Tenant Relocation Ordinance175

Ballinger v. City of Oakland, 24 F.4th 1287 (9th Cir. 2022).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fourth District Court Upholds Approval of Housing Project Benefitting from Density Bonus Law177

Bankers Hill v. City of San Diego, ___Cal.App.5th___, Case No. 37-2019-00020275 (4th Dist. Jan. 7, 2022). 

First District Court Finds Housing Development Contemplated by the City’s Specific Plan Was Exempt from Further CEQA Review178

Citizens Committee to Complete the Refuge v. City of Newark, 74 Cal.App.5th 560 (1st Dist. 2022).

Fourth District Court Upholds City’s Finding of Consistency with Planning Documents and Decision to Prepare an Addendum under CEQA181

Davisson Enterprises, Inc. v. City of San Diego, Unpub., Case No. D078151 (4th Dist. Jan. 14, 2022).

Fourth District Court Affirms Ordinance Allowing Short Term Rentals in Single Family Residential Zone Does Not Violate Zoning Code183

Protect Our Neighborhoods v. City of Palm Springs, ___Cal.App.5th___, Case No. E074233 (4th Dist. Jan. 7, 2022).

Second District Court Finds County’s Environmental Strategy Plan Was Merely ‘Aspirational’ and Not a Project under CEQA185

Save Our Rural Town v. County of Los Angeles, Unpub., Case No. B309992 (2nd Dist. Jan. 26, 2022).

LEGISLATIVE UPDATE188