This 2,200-bed student housing project in Davis just overcame a major legal hurdle

A 2,200-bed housing project primarily for UC Davis students prevailed in a lawsuit last week, paving the way for the $250 million apartment campus to begin construction after being tied up in political controversy for years.

Davis voters approved Nishi Gateway Project in June 2018, allowing developers to transform the agricultural land sandwiched between I-80 and the Union Pacific railroad track into the 700-apartment Nishi Gateway Project. When the project was placed on the local ballot, a group called the Davis Coalition for Sensible Planning filed a lawsuit arguing that the city had violated local and state rules when it greenlit the campus, and that its environmental review was insufficient.

But Yolo Superior Court Judge Peter Williams found that the project “provides the amount of affordable housing as required by the City’s affordable housing ordinance” and that the “Petitioner has not provided new information indicating that the project would cause an exacerbation of existing environmental hazards or conditions.”

Mayor Brett Lee said in a statement he was excited to see the project move forward “so that the community will benefit from the rental units to help address the rental housing shortage Davis is experiencing.”

“We knew the City was 100% thorough in their analysis and disclosures as required by law,” said Nishi developer Tim Ruff in a statement. “More often than not, these lawsuits have nothing to do with environmental impacts, but rather are attempts to stop or extort the project. The court rejected the spurious claims and reached a sound decision based on the facts and the proper process that was followed.”

Patrick Soluri, a Sacramento attorney representing the coalition group that sued the city, said he and his clients disagree with the ruling. He said residents at the Nishi project would be forced to breathe unhealthy, polluted air from the freeway and rail line, which could increase the risk of cancer and prenatal complications.

Former Mayor Robb Davis previously acknowledged the detrimental affects of living near a freeway, but said that most Davis residents are already breathing noxious pollutants by living within a mile of a freeway.

“This is a project that can truly have serious negative health consequences to people living at that project,” Soluri said. “I understand there’s this push for infill development, but you need some buffer.”

Soluri said the Davis Coalition for Sensible Planning has yet to decide whether to file an appeal, but said “it’ll be a very strong appeal” should they move forward.

Housing for UC Davis’ growing population has become an increasing issue as college students across the region struggle to find affordable rents or risk becoming homeless. A recent survey found about 1 in 5 UC Davis students experienced homelessness or some other form of housing insecurity.

This story was originally published October 16, 2019 at 1:16 PM.