The San Luis Obispo County Board of Supervisors previously approved the layout for a 98-unit housing development off Pecho Valley Road in Los Osos, but a superior court judge has now overturned that ruling.
The Los Osos Sustainability Group believes in sustainable development and strives to protect resources in the community.
That’s why the group petitioned supervisors’ approval of the large housing development.
“We filed it because it was an illegal approval,” said Patrick McGibney, Los Osos Sustainability Group chair.
A San Luis Obispo County Superior Court judge ruled in favor of the appeal last week.
His decision came down to one factor: The property needed a sewer connection before approval.
Supervisors did discuss the connections back in 2023.
“In the staff report it says the sewer is physically available but not legally available,” said Supervisor Bruce Gibson at the time.
“There is currently a regulatory prohibition on connection to undeveloped lots,” Jon Ansolabehere, then county counsel, added.
Passing in a 3-2 vote in October 2023, Supervisor Gibson voted no at the time.
“My proposal to not approve this is really based on very easy and clear reading; “The applicant shall not file the final map unless and until a community-wide sewer system has been constructed and is available for the project to connect to,” Gibson said.
The Los Osos Sustainability Group chair filed the petition more than a year ago.
The judge also mentioned in the court document that “The court could not find that the county abused its discretion in finding that there is enough water to serve the subdivision.”
McGibney disagrees.
“There’s always going to be people that are going to benefit from development of one kind or another, but our resources can’t support a lot of stuff right now. Our basin is still in overdraft, we still have seawater intrusion, and our basin is not sustainable,” McGibney said.
The project was slated to go up near Sea Pines Golf Resort. Of the 98 units planned, 15 were for affordable housing.
Rocky Setting has owned Sea Pines for the past 47 years and says he was shocked to hear the project’s approval was overturned.
“They spent a lot of time and effort in trying to propose a good housing development for Los Osos, which is sorely needed,” Setting said.
Redondo Beach-based company Anastasi Development is behind the project. KSBY reached out for comment on the recent ruling and the company’s next steps, but so far, has not received a response.
County counsel says Anastasi still could appeal the decision. If not overturned, the applicant would need to reapply.
For Setting, he’d like to see that happen. “I think they should,” he said.
County counsel says at this time, the county does not plan on appealing the decision; however, they will be meeting in a closed session meeting on April 29 to discuss the case.
