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California Land Use Law & Policy Reporter

June 2025

Volume 34, Number 9 June 2025

LAND USE NEWS

Faith-Based Communities Turn Unused Land into Affordable Housing221

LEGISLATIVE DEVELOPMENTS

AB 609: Landmark Bill Aims to Curb CEQA’s Grip on Urban Housing

Development in California223

REGULATORY DEVELOPMENTS

Federal Fisheries Agencies Propose Rule Rescinding the Regulatory Definition of ‘Harm’ under the Endangered Species Act225

LAWSUITS FILED OR PENDING

YIMBY Challenges City of Cupertino’s Alleged Violation of Builder’s

Remedy Project Processing227

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit finds City’s Distance Requirement for Group-Living Facilities Survives Challenge that Regulation Discriminated Against Persons with

Disabilities229

The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (9th Cir. 2025).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Second District Court Allows Non-Refund-Seeking Constitutional Challenge to City’s Utility Fee Scheme Despite Failure to Satisfy ‘Pay-Now, Refund-Later’ Administrative Exhaustion Rule231

Carlos Carachure v. City of Azusa, ___Cal.App.5th___, Case No. B336778 (2nd Dist. Apr. 15, 2025).

First District Court Affirms Trial Court’s Rejection of Challenge to City Community Services District Charges Made without Voter Approval233

Gomes v. Mendocino City Community Services District, ___Cal.App.5th___, Case No. A167862 (1st Dist. Apr. 14, 2025).

Second District Court Affirms City’s Lease-Leaseback Financing Mechanism Does Not Violate Constitutional Debt Limits235

Moving Oxnard Forward v. City of Oxnard, Unpub., Case Nos. B334636, 335866 (2nd Dist. Apr. 4, 2025).

LEGISLATIVE UPDATE237