Ventura Foothill Neighbors v. Cnty. of Ventura
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Court: California Court of Appeal Docket: B254120
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Opinion Date:
December 15, 2014
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Areas of Law: Construction Law, Environmental Law, Government &
Administrative Law
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The Ventura County Board planned a five-story ambulatory care
clinic at the 40-acre Ventura County Medical Center. The 1993 Environmental
Impact Report (EIR) stated that the building would be up to 75 feet high and
included drawings that did not show building height.
The Board filed a Notice
of Determination (NOD) that mentioned nothing about height. Detailed plans
showed the height to the roofline as 72 feet. Parapets rose to 88.5 feet. The
county delayed until 2005 when Board decided to relocate the Clinic 200 feet
north and 160 feet west, purportedly to reduce environmental impact and to more
centrally locate the project around parking.
The relocated building would be
about 5 feet lower due to topography. The Board prepared an EIR
"Addendum" and again filed a NOD that did not mention height. In 2007
the plans were modified to show a height of 90 feet, including parapets. In
2008, a neighbor saw an "auger rig" at the construction site and
inquired. He was shocked to learn that the equipment was going to be used to
construct a 90-foot high building and joined an organization that
unsuccessfully sought an injunction.
The court ordered preparation a
supplemental EIR. Construction was completed in October 2010. The court of
appeal affirmed.