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California Land Use Law & Policy Reporter

August/September 2023

Volume 32, Number 11 August/September 2023


Fourth District Court of Appeal Finds Program EIR for City Community Plan Update Failed to Analyze Environmental Impacts Associated with Height Limitations Ballot Measure by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento333


U.S. Senate Bill Aims to Repurpose Irrigated Farmlands in Western States to Reduce Water Consumption and Prepare for Droughts337

Governor Newsom Signs Senate Bill 147 Into Law Which Allows DFW to Issue ‘Take’ Permits for Otherwise Fully Protected Species in Connection with Renewable Energy and Infrastructure Projects339


Council on Environmental Quality’s Proposed Phase 2 Regulations Modifying the National Environmental Policy Act Are Open for Comment341


Circuit Court of Appeals:

D.C. Circuit Upholds Expansion of Cascade-Siskiyou National Monument and Resource Management Plans Despite Reduction in Timber Produc-


American Forest Resource Council v. United States of America, ___F.4th___, Case No. 20-20-5008 (D.C. Cir. July 18, 2023).


District Court of Appeal:

First District Court Reverses Decision that an Agreement Limiting Fees for Project Oversight Prevents Later Enacted Impact Fee347

Discovery Builders, Inc. v. City of Oakland, ___Cal.App.5th___, Case No. A164315 (1st Dist. June 22, 2023).

First District Court Finds Failure to Adopt Legally Compliant Land Use Designation Did Not Preclude Town from Denying Housing Project for Unrelated Reasons349

Lafayette Bollinger Development LLC v. Town of Moraga, 93 Cal.App.5th 752 (1st Dist. 2023).

Fourth District Court Finds Prior Program EIR Sufficed for New Residential Development in a Parking Lot of a Mixed-Use Commercial Center352

Olen Properties Corp v. City of Newport Beach, ___Cal.App.5th___, Case No. G061427 (4th Dist. June 8, 2023).

Fifth District Court Holds Informational Harm to the Public Interest Must be Considered When Evaluating CEQA Injunction Relief355

Tulare Lake Canal Co. v. Stratford Public Utility District, 92 Cal.App.5th 380 (5th Dist. 2023).

Second District Court Finds City Failed to Consider Housing Element Policies of Its General Plan for Class 32 CEQA Exemption for Hotel Project357

United Neighborhoods for Los Angeles v. City of Los Angeles, 93 Cal.App.5th 1074 (2nd Dist. 2023).