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ARTICLE · 06 FEBRUARY 2015

Undisclosed Change In Building Height Requires Supplemental EIR

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The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a building over the stated height in the certified EIR required Ventura County to prepare a supplemental EIR rather than an addendum; and (ii) the County’s failure to prepare a supplemental EIR including the taller height of the building made the County susceptible to a valid claim beyond the standard 30-day statute of limitations on CEQA claims.

United StatesReal Estate and Construction
Jeffrey Forrest
Jeffrey Forrest
Tiffany Duong
Tiffany Duong
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Ventura Foothill Neighbors v. County of Ventura (12/15/14, 2d Civil No. B254120)

The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a building over the stated height in the certified EIR required Ventura County to prepare a supplemental EIR rather than an addendum; and (ii) the County's failure to prepare a supplemental EIR including the taller height of the building made the County susceptible to a valid claim beyond the standard 30-day statute of limitations on CEQA claims. The court's conclusion highlights the need for EIRs and notices of decision ("NODs") to more completely describe a project, with all its details, to avoid potential claims.

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