HomeMy WebLinkAboutItem 4c. Informational Update on Ruling for Ferris vc City of San Luis Obispo Item 4c
Construction Board of Appeals
Agenda Report
For Agenda of: 4/25/2024
Item Number: 4c
FROM: Christine Dietrich, City Attorney
Prepared By: Michael Loew, Deputy Director/Chief Building Official
Mark Amberg, Deputy City Attorney
SUBJECT: UPDATE ON RULING FOR FERRIS VS. CITY OF SAN LUIS OBISPO
RECOMMENDATION
This is an informational presentation and discussion topic only. There is no action within
the CBOA’s purview to take regarding this matter.
DISCUSSION
The Construction Board of Appeals (CBOA) held several public hearings to determine the
validity of staff’s findings regarding identified violations and the associated issued
citations for a property known as 4080 Horizon. The property owner was cited for altering
a creek by building a retaining wall in the channel and for violating creek setback
regulations by erecting or placing prohibited structures in a creek setback. These previous
public hearings occurred in January 2022, April 2022, and Ap ril 2023. The CBOA
ultimately upheld staff’s findings.
The property owner appealed the CBOA’s decision to the County’s Superior Court. The
City Attorney’s Office defended the CBOA’s decision in court during the Month of
December 2023 and a ruling was recently issued in March 2024. The Superior Court
Commissioner upheld the Construction Board of Appeal’s decision to uphold the
administrative citations against the property owner.
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Printed handout distributed to
Board Members at the
April 25, 2024 CBOA Meeting
by Assistant Attorney
Mark Amberg
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