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California Land Use Law & Policy Reporter

February 2026

Volume 35, Number 5 February 2026

LAND USE NEWS

California’s Zone Zero Wildfire Rules Remain Delayed Despite Mounting Evidence They Save Homes113

LEGISLATIVE DEVELOPMENTS

California Senate Bill 72, A Bill to Modernize the California Water Plan and Advance Long-Term Water Supply Goals115

REGULATORY DEVELOPMENTS

New Endangered Species Act Rulemaking Being Proposed by the U.S. Fish and Wildlife Service and National Maring Fisheries Service117

RECENT FEDERAL DECISIONS

District Court:

U.S. District Court Forces U.S. Department of Housing and Urban Development to Pause Sweeping Changes to Federal Homelessness Funding Program119

National Alliance to End Homelessness, et al. v. U.S. Department of Housing and Urban Development, et al., ___F.Supp.4th___, Case No. 1:25-cv-00636 (D. R.I. Dec. 23, 2025).).

RECENT CALIFORNIA DECISIONS

Supreme Court:

California Supreme Court Lets Stand Court of Appeal’s Opinion Invalidating City’s Supplemental Environmental Impact Report for Ballot Measure to Remove Coastal Height Limits121

Save Our Access v. City of San Diego, ___Cal.5th___, Case No. S293971 (Cal. Dec. 30, 2025); ___Cal.App.5th___, Case No. D084132 (4th Dist. Oct. 17, 2025).

District Court of Appeal:

Fourth District Court Addresses Procedural Requirements in the Housing Element Adoption and Revision Process123

Californians for Homeownership, Inc. v. City of La Habra, ___Cal.App.5th___, Case No. G064286 (4th Dist. Dec. 18, 2025, certified for publication Jan. 16, 2026).

Third District Court Rejects Bond Validation for Delta Program—Finds DWR Lacked Authority to Issue Bonds Because the Delta Program Was Too Vaguely Defined125

Department of Water Resources v. Metropolitan Water District of Southern California, ___Cal.App.5th___, Case No. C100552 (3rd Dist. Dec. 31, 2025, certified for partial publication Jan. 28, 2026).

Third District Court Affirms Moving Playground Equipment Within the Same Park Was Subject to CEQA Exemptions and Not Subject to Unusual

Circumstances Exception126

Krovoza v. City of Davis, ___Cal.App.5th___, Case No. C100103 (3rd Dist. Dec. 30, 2025).

In Latest Chapter of ‘Make UC A Good Neighbor’ Saga, First District Court Upholds Denial of Petitioners’ Motion for Over $1 Million In Attorney’s

Fees128

Make UC a Good Neighbor v. Regents of University of California, ___Cal.App.5th___, Case No. A172510 (1st Dist. Dec. 19, 2025).

Fourth District Court Affirms City’s Authority to Amend Growth Management Performance Standards Despite Voter Adoption of ‘Proposition E’129

North County Advocates v. City of Carlsbad, Unpub., Case No. D083749 (4th Dist. Dec. 18, 2025).

First District Court Issues Fee Decision—Clarifies AB 1633’s ‘Due Weight’ Standard for CEQA Housing-Approval Cases131

Updated Plan v. City Council of the City of Pacifica, ___Cal.App.5th___, Case No. A170704 (1st Dist. Dec. 30, 2025).