Recent state laws require certain development projects including some subdivisions be reviewed ministerially. Some jurisdictions take this to mean approvals of such subdivisions are not required to be noticed and are not appealable.
Is this interpretation correct? Is local subdivision code requiring noticing and appeal subordinated to such recent legislation requiring ministerial review? How is this being implemented in your area?
Ministerial Subdivisions appealable?
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jamesh1467
- Posts: 75
- Joined: Tue Aug 22, 2023 10:35 am
Re: Ministerial Subdivisions appealable?
I have seen this or at least confusion about this. Different agencies treating the new ministerial approvals in different ways trying to fit them into the established ordinances.
It will take 5 to 10 years to work through the new state processes and for it “normalized”. We need some case law and some challenges before we get every agency acting the same way for interpretation.
In general the local regs do take a backseat to the new ministerial approvals that were mandated by the state. The goal was to streamline the process. There’s some cases being worked through from understanding. Like there’s some kind of exception for charter cities that was given by the courts last year. I’m not totally up to speed on it and how the courts are interpreting it. But asking the AG for an opinion wouldn’t be the worst idea. Especially if you have specific local ordinances that are in conflict. The only problem is that your own agency attorney might not like that because it would be hard to challenge the ordinance later in court once the AG gives their opinion. The courts will just defer once the AG gives their opinion unless you venue shop your judge to get a judge that hates the AG. Even then you still probably have problems on appeal. You will likely be stuck with whatever the AG says once you ask.
Personally, my interpretation of those laws is that your interpretation is correct. They are not required to be noticed or appealed in compliance with any local ordinances when the state laws supersede. The goal was to stop NIMBY and force housing to be built in California with those laws. Weither the community’s wanted the housing or not. But I cannot really speak to how that will play out in the courts and I would be wary of giving your own opinion on the subject in a professional setting in a way that it would be relied upon. NIMBY challenges are likely coming in the courts and I would be careful to try not to get myself in one of those challenges. If I had an agency attorney I would kick it to them and make it their problem.
It will take 5 to 10 years to work through the new state processes and for it “normalized”. We need some case law and some challenges before we get every agency acting the same way for interpretation.
In general the local regs do take a backseat to the new ministerial approvals that were mandated by the state. The goal was to streamline the process. There’s some cases being worked through from understanding. Like there’s some kind of exception for charter cities that was given by the courts last year. I’m not totally up to speed on it and how the courts are interpreting it. But asking the AG for an opinion wouldn’t be the worst idea. Especially if you have specific local ordinances that are in conflict. The only problem is that your own agency attorney might not like that because it would be hard to challenge the ordinance later in court once the AG gives their opinion. The courts will just defer once the AG gives their opinion unless you venue shop your judge to get a judge that hates the AG. Even then you still probably have problems on appeal. You will likely be stuck with whatever the AG says once you ask.
Personally, my interpretation of those laws is that your interpretation is correct. They are not required to be noticed or appealed in compliance with any local ordinances when the state laws supersede. The goal was to stop NIMBY and force housing to be built in California with those laws. Weither the community’s wanted the housing or not. But I cannot really speak to how that will play out in the courts and I would be wary of giving your own opinion on the subject in a professional setting in a way that it would be relied upon. NIMBY challenges are likely coming in the courts and I would be careful to try not to get myself in one of those challenges. If I had an agency attorney I would kick it to them and make it their problem.