Two non-profits file suit against SLO County over Dana Reserve housing project Tuesday
NIPOMO, Calif. – On Tuesday, the Nipomo Action Committee and the San Luis Obispo chapter of the California Native Plant Society filed a lawsuit against the County of San Luis Obispo over its the approval of the Dana Reserve housing project in April of this year.
The non-profit plaintiffs argue in a press release about the litigation that the County of San Luis Obispo's approval violated the California Environmental Quality Act.
"Our lawsuit exposes the fatal flaws with the project’s Environmental Impact Report, and we feel
confident that a judge will agree with us," said Alison Martinez, President of the Nipomo Action Committee. "Questions remain about the approval for the water allocation and cost sharing details are still not finalized. It remains unclear how much will be shouldered by the ratepayers. The Nipomo Community Services District will also have to approve the necessary annexing of this project into the NCSD [Nipomo Community Services District] boundary in order for the project to receive water."
Martinez added, "The [Dana Reserve housing] project has 19 significant unavoidable adverse impacts as identified in the Environmental Impact Report, including the removal of 3,000 oak trees. We simply reject the proposition that ripping out an old oak forest in order to build more luxury homes will meaningfully address our affordable housing shortage."
The housing project at the Dana Reserve was approved on a three-to-two vote after a two-day hearing period that saw notable public comment on the 288-acre master-planned community in April of this year.
"I have serious concerns over several aspects of this project, including the type of housing it’s proposing, the water it is relying on, adverse environmental impacts, implications for public safety, and fiscal impacts to both the County and the Lucia Mar Unified School District," stated District 4 Supervisor Jimmy Paulding, whose district includes Nipomo, after deciding to vote against the project during the April hearing. "Only 30% of the housing proposed in the Dana Reserve project is the type of housing we need. Per our Regional Housing Needs Allocation numbers, the state is mandating that the County plan and permit for about 1,900 low- and moderate-income housing units by 2028."
"We are joining this lawsuit because we too believe the environmental impacts of this project are egregious and unacceptable," added Bill Waycott, former president of the California Native Plant Society as well as its San Luis Obispo Chapter. "[T]his project would eliminate significant acreage of the Mesa’s oak woodland and maritime chaparral habitats, unique to the Nipomo area and some of the last remaining stands in San Luis Obispo County. The project’s mitigation plan is devious and a betrayal of trust, because it proposes protection of oaks located in the mountains east of Nipomo as a substitute for the 3,000+ oak trees destined for destruction within the development acreage...The two habitat areas exist miles apart, in different terrains, and have virtually nothing in common. Thus, this proposed property ‘swap’ clearly doesn’t compensate for the critical loss of precious oak woodland that Nipomo would have to bear. It is tragic, especially when it sidesteps the County’s oak tree ordinance, setting a dangerous precedent."
The proposed site is west Highway 101 just south of Willow Road and one mile north of Tefft Street in Nipomo.
The proposal was orchestrated by local developer Nick Tompkins who noted at the time of the proposal's passage by the County Board of Supervisors that the project will help the County meet Regional Housing Needs Allocation issued by the state.
Your News Channel has reached out to the County of San Luis Obispo's County Counsel's Office for an official response and have not heard back.
