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California Land Use Law & Policy Reporter

March 2026

Volume 35, Number 6 March 2026

LAND USE NEWS

META® and Governor Newsom Announce New Sacramento State Campus on Capitol Mall, Featuring Artificial Intelligence and Public Affairs

Programs123

Senate Bill 79 and Proposed Senate Bill 677—L.A. Metro Board Votes to Formally Oppose Local Implementation of the Law, Requests a Los Angeles County Exemption124

LEGISLATIVE DEVELOPMENTS

Proposed California Legislation Would Exempt Some Development Projects from the California Coastal Act126

REGULATORY DEVELOPMENTS

Sites Reservoir Project Moves Forward with Department of the Interior’s Record of Decision—The Road Ahead128

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

When One Species’ Lifeline Endangers Another: Ninth Circuit Clarifies Injunction Standards under the ESA130

San Luis Obispo Coastkeeper, et al. v. County of San Luis Obispo, ___F.4th___, Case No. 24-7807 (9th Cir. Dec. 3, 2025).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Court Addresses City’s Government Code Section 65913.4 Streamlined Ministerial Approval of Housing Project as Exempt from CEQA Review132

1000 Friends Protecting Historic Benicia v. City of Benicia, Unpub., Case No. A172005 (1st Dist. Jan. 16, 2026).

Third District Court Affirms Denial of Writ Challenging City’s Certification of EIR for Warehouse Project, Finds Water Supply Assessment Complied with

CEQA133

City of Vallejo v. City of American Canyon, ___Cal.App.5th___, Case No. C102070 (3rd Dist. Jan. 14, 2026).

“Water, No Invite”? Fifth District Court Finds City Of Fresno May Be Liable for Property Damage Caused by Switch to Alternate Water Source135

Micheli v. City of Fresno, Unpub., Case No. F085599 (5th Dist. Feb. 13, 2026).

First District Court Uphold’s City’s General Plan EIR, Allows Deferral of Site-Specific Analysis for Town-Wide Housing Element Upzoning Project138

The Committee for Tiburon LLC v. Town of Tiburon, ___Cal.App.5th___, Case No. A171983 (1st Dist. Feb. 2, 2026).

CEQA, Deference and the “Subsequent Review” Standard—Second District Court Affirms Standard of Review Post MND/EIR139

Ventura County Citizens Against Mega Gas v. City of Camarillo, Unpub., Case No. B344843 (2nd Dist. Feb. 2, 2026).

Superior Court:

90 Days and Vesting Rights: Santa Clara County Superior Court Rejects Single-Window Interpretation under SB 330141

Town of Los Gatos v. Arya Properties, LLC, et al., Case No. 25CV462276 (Santa Clara Super. Ct. Jan. 29, 2026).

LEGISLATIVE UPDATE143