OUR LAWSUIT:
The fight to protect Nipomo’s future is not over. On May 28th the Nipomo Action Committee filed a lawsuit against the Dana Reserve, the San Luis Obispo County, and the Board of Supervisors citing that the Dana Reserve project would burden local resources and local emergency services such as Cal Fire and SLO Co. Sheriff. The lawsuit also states that the Dana Reserve project would result in 19 unavoidable and significant impacts. It also contends that the DR project failed to identify adequate mitigation, and it violated the California Environmental Quality Act (CEQA)
OUR CONCERNS:
While the Nipomo Action Committee understands the need for housing, especially affordable housing, the Dana Reserve project is not the solution. Balancing the need for housing while protecting our natural resources and preventing urban sprawl is essential. Our ongoing campaign to raise funds for this fight and our lawsuit remains a top priority for the Nipomo Action Committee.
WE INVITE YOU:
The Nipomo Action Committee invites you to join us in supporting this vital cause. Together we can work toward a brighter and more sustainable future for Nipomo. Won’t you join us today in committing to protect our environment, resources, and community character, and help support our legal fight to push for responsible development that aligns with Nipomo’s values.
Over 2% of the property tax revenue will be diverted from our County’s General Fund to fund water for the Dana Reserve development. This is a direct violation of SLO County’s tax revenue sharing policy which sets a seriously bad development precedent.
Despite the lack of adequate public safety, both law enforcement and fire; despite the data offered by the biologists about existing, at-risk ecosystems of the oak forest; despite the statement by the Chair of the yak tityu tityu yak tihini (ytt) Northern Chumash Tribe of SLO County, Mona Olivas Tucker, that the oak forest on that parcel of land is part of their cultural heritage, a heritage that dates back thousands of years; despite the financial shortfall for local schools; the dubious water supply claims; despite the pleas by local high school students to stop destroying their futures by clear-cutting and paving over valuable natural resources that keep our planet healthy and livable for them and future generations; and despite an offering of a community generated development map that provides housing and saves the oak forest and the biodiversity and ecosystems that make this area special, three members of the Board of Supervisors voted to approve the project. Jimmy Paulding, whose district this development is in, voted against it and spelled out the reasons very comprehensively and completely. You can read that here.
All three supervisors who voted for this ill-conceived and destructive development received campaign contributions from Nick Tompkins/NKT Development LC and Shea Homes LP who already owns 35% of the Dana Reserve housing development.
Planning Commissioners and the members of the Board of Supervisors are charged with ensuring that issues of environmental protection, public safety and health, infrastructure and housing issues conform to standards that are in place for the well-being of its residents.
The Board of Supervisors must make some smart decisions about the affordable housing crisis. According to the SLO Regional Housing Needs Allocation (RHNA) the county is mandated by state law to build 3256 more housing units by 2028. It has already exceeded its goal for above moderate income homes by over 1500 units. This DOES NOT help with the legitimate housing crisis.
Chronology:
December 2024 – NAC and CNPS file a second lawsuit, this time against LAFCO:
The lawsuit claims that:
- LAFCO failed to evaluate whether the Nipomo Community Services District (NCSD) can legally and physically supply water to a proposed annexation project, as required by Government Code sections 56668(k) and 65352.5. They contend that the NCSD’s reliance on Phase II water transfers is unlawful because this water is reserved exclusively for infill development within NCSD’s existing boundaries, as confirmed by NCSD’s 2009 FEIR, subsequent addendums, and binding agreements. LAFCO allegedly ignored this evidence and failed to analyze the water supply’s sufficiency.
- Diverting Phase II water would harm infill development in Nipomo, a concern shared by LAFCO during earlier discussions.
- NCSD’s buildout inventory and population projections are unreliable and inconsistent with regional data, underestimating Nipomo’s true growth potential.
- The 2018 Municipal Service Review acknowledged NCSD’s insufficient water supply for future developments, urging caution on annexations.
- LAFCO should ensure NCSD’s compliance with water supply obligations before approving the project.
November 14—LAFCO consideration hearing and decision on annexation of the DR into the NCSD service district.
LAFCO’s authority and legislative purpose are established in Government Code Section 56000 et seq. The primary role of LAFCO is to promote orderly growth and development, ensuring the social, fiscal, and economic well-being of the region such as preventing urban sprawl, preserving open space and prime agricultural lands, and efficiently extending government services. The LAFCO Commissioners voted unanimously in favor of annexation of the DR 288 acres into the NCSD service district.
Between Sept. 19 and Nov. 14– Dr. William Waycott, PhD, submitted written and oral testimony to LAFCO describing the discovery of a new species of Manzanita (Arctostaphylos) in Nipomo. Individual specimens discovered near the Dana Reserve site were determined to be members of this newly identified species. Dr. Waycott argued forcefully that this species is in imminent threat of extinction because of the very limited and fragmented nature of its existing habitat and the few known specimens. The discovery of a new rare or potentially endangered species qualifies as “new information” under Section 21166, subdivision (c), necessitating a supplemental EIR. Click here for a map of extant populations of Nipomo Mesa Manzanita.
The findings highlight the need for conservation efforts, including potential federal or state protection, to preserve this rare species and its ecosystem
CEQA requires a responsible agency such as LAFCO to conduct supplemental environmental review if important new information comes to light demonstrating that the project could have new or more severe significant effects on the environment. (Silverado Modjeska Recreation & Park Dist. v. County of Orange (2011) 197 Cal.App.4th 282, 304 (“Silverado Modjeska”).
September 19—LAFCO (Local Area Formation Commission) study session. The purpose of the study session was to inform the
Commission, solicit their comments and questions, provide direction, and/or request additional information as needed, prior to a consideration hearing slated for November 14, regarding the proposed Petition for the annexation of the Dana Reserve Specific Plan (DRSP) into the NCSD for water, wastewater, and solid waste services, as initiated by the landowner, NKT, LLC. It was at this meeting the first announcement of the newly discovered, endangered Manzanita was made to the Commissioners. At this same meeting, Consultant Emily Creel, advocating for the developer, downplayed the significance of the Manzanita species discovery and argued the Environmental Impact Report (EIR) did not need adjustment, even though by law given this significant change in circumstances, by CEQA terms, that is not accurate.
August 28 2024–NCSD meeting to vote about annexation of the Dana Reserve 288 acres into the NCSD service district.
The NCSD board voted in favor of the annexation, despite:
- Comments from both Northern Cities Management Area and Golden State Water Company that the Key Well Index results for the past seven years show that the Nipomo Mesa Management Area is in Severe Water Shortage Conditions.
- The Phase II water transfer, allocated for infill development within NCSD’s current boundaries, cannot legally support the project outside those limits. This position is supported by NCSD’s 2009 FEIR and subsequent documents.
- Diverting Phase II water would compromise NCSD’s ability to support existing infill development
May 30, 2024 – NAC and CNPS file lawsuit against county over Dana Reserve Approval
April 24th, 2024 – The San Luis Obispo Board of Supervisors Voted 3-2 to approve the project. Votes were as follows:
John Peschong – District 1 (Yes)
Bruce Gibson – District 2 (No)
Dawn Ortiz-Legg – District 3 (Yes)
Jimmy Paulding – District 4 (No) – The project is located in this district.
Debbie Arnold – District 5 (Yes)
A Special Meeting of the SCAC was held of February 12th, 6:30-8:30PM at the Nipomo High School Olympic Hall. SCAC, Nipomo Action Committee and the Nipomo Oak Alliance presented the Community Alternative Plan to the Dana Reserve proposed project. The SCAC decided and voted to recommend the alternative plan to the Board of Supervisors. SCAC Letter to Board of Supervisors Regarding the Community Alternative plan to the DR Development.
Over 120 people attended the South County Advisory Council meeting on Feb 12. Supervisors Jimmy Paulding and Dawn Ortiz Legg were also in attendance. Three speakers from the Nipomo Oak Alliance spoke about the unique environmental and cultural heritage the land and the oak forest hold for this region.
Mona Tucker, the Tribal Chair of the yak titʸu titʸu yak tiłhini, Northern Chumash; (see a clip by clicking here)
Dr. Bill Waycott, one of the foremost experts on the ecological diversity of Nipomo’s habitat;
And Leila Zavala, a Senior at Central Coast New Tech, a youth leader who is passionate about environmental science, driven by her Northern Chumash Heritage.
An overview of the community generated map was presented by Alison Martinez, Director of the NAC. You can see a concise comparison of the community generated map with the NKT mega-development by clicking here.
At the end of the presentations there were questions and responses and then the SCAC voted unanimously to recommend the community generated map to the board of supervisors in place of the NKT plan.
NAC Public Meeting: November 17th, 2023 at 5PM at the Black Lake Community Room 498 Colonial Pl, Nipomo.
October 24th SLO Planning Commission voted (4-1) to recommend Dana Reserve Project for Board of Supervisors approval.
September 28 County Planning Commission Study Session of the Dana Reserve
Thanks to all who turned out for the September 28 Study Session and spoke and wrote letters that are now on record as in put from the community.
Some of the changes from the Draft Environmental Report (DEIR) and the Final EIR were explained and the county staff and Nick Tompkins, the developer took a lot of time describing those changes. Public comments were heard, both for and against and because of time constraints, the last half of public comment was limited to one minute per person.
Here’s the link to the page where one can download the video of the September 38 Study Session:
August 30 Planning Commission Meeting:
Thanks to all of you who changed your schedules or took the day off from work and showed up at the SLO planning commission hearing and of course those who continue to write letters to the Planning commission and Board of Supervisors. You are truly making a difference for Nipomo and the Central Coast. We had over 43 supporters who showed opposing the project and one who spoke in favor of the project. The commissioners had lots of discussion about going ahead with the hearing as
planned or voting to continue it, so everyone has more time to look and make sense of the Final EIR which was only released 3 weeks prior to this meeting.
Finally, the commissioners decided to grant our request for a continuance and add a study session prior to the hearing!
Study Session is scheduled for September 28 at 9a.m.
August 21 South County Advisory Council Special Meeting:
40 Concerned citizens and neighbors spoke up and made a powerful case against the Dana Reserve Project. They spoke for the possibility of a sustainable plan that provides affordable housing, critical infrastructure, and environmental protection and preservation!
OUR COMMUNITY SPOKE UP and OUR VOICES WERE HEARD….
THE SOUTH COUNTY ADVISORY COUNCIL RECOMMENDS DENIAL OF THE DANA RESERVE PROJECT!