Lawsuit challenges county approval of Nipomo housing project

June 3, 2024

By KAREN VELIE

Opponents of a more than 1,400-unit housing development in Nipomo, known as the Dana Reserve, filed a suit on May 28 against San Luis Obispo County in an attempt to stop the development.

The 288-acre project site is located on the north, west side of Nipomo directly adjacent to Highway 101. The controversial development includes residential units, commercial, recreation and public services such as a dog park.

The plaintiffs, the Nipomo Action Committee and the California Native Plant Society, argue the county should not have approved the project’s environmental impact report (EIR) because it violated the California Environmental Quality Act. The group contends the EIR failed to consider a reasonable range of alternatives, include an adequate description of existing water supply conditions, and to properly analyze the projects impact on area emergency services.

Following a two-day hearing, the San Luis Obispo County Board of Supervisors on April 24 voted 3-2 to approve the more than 1,400-unit housing development, known as the Dana Reserve.

During public comment, citizens spoke for and against the project, NKT Commercial and owner Nick Tompkins. Proponents primarily spoke of the need for more housing in the county. Tompkins said the project would provide much needed workforce housing.

On the other side, members of the Nipomo Action Committee asked the board to delay the project while promoting their own plan, which whittled the project in half through the removal of higher priced homes. More expensive homes generally cover the infrastructure costs for lower priced homes.

The approved project includes nine unmitigated impacts, such as the removal of 4,000 mature native oak trees.

In the end, the SLO County Board of Supervisors voted 3-2 in favor of the project, with supervisors Bruce Gibson and Jimmy Paulding dissenting.

While the plaintiffs seek to stop the proposed project though the lawsuit, regardless of the outcome, the suit will likely delay development at the site.